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HomeMy WebLinkAbout1975-10-14 PZC MINUTES\ CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 14, 1975 I. CALL TO ORDER. The special meeting of th e City Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Martin. Members present: Brown, Jones, Jorgenson, Martin, Parker, Pierson, Smith, Wade Romans, Ex-officio Members absent: Tanguma Also prese nt: Assistant City Attorney DeWitt II. COMPREHENSIVE ZONI NG ORDINANCE Amendment of R-2, Medium Density District CASE #27-75 Mr. Martin stated this public hearing :is concerned with the proposed amendment of the R-2 Medium Density District to limit the number of units which ran be constructed and attached under one roof. Jones moved: Brown seconded: The Public Hearing on Case #27-75 be opened. AYES: Wade; Brown; Jones; Jorgenson; Martin; Parker; Pierson ; Smith NAYS: None ABSENT: Tanguma The motion carried. Mr. Tanguma entered and took his seat with the Commission. Mrs. Romans stated that legal notice of the public hearing was published in the Englewood Herald Sentinel. The purpose of the hearing is to consider the amendment of Ordinance No. 30, Series of 1975, which is the R-2 Medium Density District. The proposed amendment would place restrictions on the number of dwelling units that may be attached and under one roof . The R-2-B Zone District, which was repealed when the R-2 Medium Density District was adopted, permitted attached structures up to 14 units per acre, if sufficient land could be assembled; theoretically, then, there could have been a 14-unit structure constructe d in this District . This same provision was included in th e R-2, Medium Density District, which District was patterne d after the R-2-B District. Concern has been expressed about this provision, feeling that a possible 14-unit structure might not be compatible with the areas which have been and are proposed to be zoned R-2. These subject areas are now developed primari ly with single-family, two-family and three-family structures. -2- The proposed wording of the amendment is: b. Permitted principal uses. (3) Multi-family dwellings, Ho~ exeeed4Hg ~4 ttfl~~s ~er aere NOT MORE THAN FOUR OF WHICH UNITS SHALL BE ATTACHED. Mrs. Romans stated that a multi-family dwelling unit is defined as three or more units. With this proposed amendment, even if land could be assembled to accommodate the 14 units .per acre in one development, there could be no more than four units under one roof, and open space would be assured between the "clusters" of units. Mr. Parker asked what the front footage would be to accommodate a four-unit structure? Mrs. Romans stated the m1n1mum frontage for a four-unit structure under the R-2 Medium Density District is 100 feet. Mr. Martin asked if anyone in the audience wished to speak on the matter? Mrs. Bern 3800 South Lincoln -stated her area was zoned R-2-A, and she wants to retain the R-2 zoning; she does not want to be rezoned to single-family. Mrs. Bern stated she had an apartment in her home that was rented last year; her daughter is living in this unit now, and there have been other persons who have expressed interest in living in this unit. Mrs. Bern reiterated she did not want the zone classif ica- tion changed to single-family. Mr. Martin stated he didn't feel there was a problem; if the·unit i~ rented at the time the zoning is changed to R-1-C, if it is indeed changed, the property owner may continue to rent the unit. Mr. Tanguma asked if it was correct that if there is a break in the rental period, the unit may not be rented again? Mrs. Romans stated this would depend on the reason for the break in the rental period; if it is not rented with the intent of abandonment, then the unit may not be re-rented if the property were in an R-1-C, Single-family area. Mrs. Bern again emphasized she did not want single-family zoning on her property. Mr. Martin pointed out that the Hearings regarding the zoning of the properties is scheduled for October 21st, and invited her to attend that meeting; this meeting at this time is regarding an amendment to the R-2 Zone Classification and is not on the amendment of the zoning map. Mr. Martin asked if there were anyone else who wanted to speak to the matter at hand? I I I , -3- Mrs. Coffin stated that she understood the zoning was to be changed in the 3000 block of South Galapago? She stated she would rather the zoning was left as it is now, with only single family and two-family uses. Mrs. Romans pointed out that this block was previously zoned R-2-B, which was repealed by City Council at the time the R-2 Medium Density Residence District was adopted; the R-2-B Zone District did permit single or two-family uses on 50 ft. frontage, a three-family use on 75 ft. frontage, or a four- family use on 100 ft. frontage, and so on up to 14 units per acre. There was no restriction limiting the number of units under one roof so long as the total density of 14 units per acre was not exceeded. The new R-2 Medium Density District was written to permit the same restr ictions as were contained in the R-2-B; the proposed amendment would restrict the number of units to not more than four under one roof. Mrs. Romans stated that the staff feels this proposed restriction would be to the protection of property owners in the areas to be zoned R-2. There were no other pers o ns prese11t who wished to speak on this matter. Jones moved: Jorgenson seconded: The Public Hearing be closed. AYES: Tanguma, Wade, Brown, Jones, Jorgenson, Martin, Parker, Pierson, Smith NAYS: None The motion carried. Pierson moved: Parker seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance, §22.4-5b(3) be amended to read: b. Permitted Principal Uses. (3) Multi-family dwellings, fte~ exeeed~ft~ ~4 ttft~~s ~er ftere NOT MORE THAN FOUR OF WHICH SHALL BE ATTACHED. AYES: Smith, Tanguma, Wade, Brown, Jones, Jorgenson, Martin, Parker, Pierson NAYS: None The motion carried. -4- III. COMPREHENSIVE ZONING ORDINANCE Repeal of I-3 Zone District CASE #24-75 Mr. Martin stated the public hearing is concerned with the possible repeal of the 1-3 Zone District. Wade moved: Tanguma seconded: The Public Hearing be opened. AYES: Pierson, Smith, Tanguma, Wade, Brown, Jones, Jorgenson , Martin, Parker NAYS: None The motion carried. Mrs. Romans stated that legal notice of the Public Hearing appeared in the Englewood Herald Sentinel. In the opinion of the staff, the I-3 Zone District was special legislation developed to accommodate businessmen and property owners in the area known as the Santa Fe/Union annexation area. Now that the City has determined the annexation matter should not be pursued, there would appear to be no need for the I-3 Zone District, and the staff would recommend the repeal of this District. Mr. Parker asked if the repeal of this District would preclude industrial and manufacturing businesses from developing? Mr. Martin stated that it would repeal this Zone District; however, there would still be the I-1 and I-2 Industrial Districts. Mr. Parker asked if there were any area of the City that was zoned I-3? Mr. Martin stated there was no portion of the City zoned I-3. Discussion followed. Mrs. Romans reviewed the application for rezoning which was filed on behalf of Rockwell Concrete Products, Inc. for either I-3 or 1-2 zoning in February of 1974, and the delays that have been experienced since that application was filed. Mrs. Romans emphasized that no area of the City has been zoned to I-3, and to this date there has been no actual request for the I-3 Zone District. Mr. Martin asked if any member of the audience wished to speak on the matter? No one indicated a desire to speak. Jones moved: Tanguma seconded: The Public Hearing be closed. AYES: Parker, Pierson, Smith, Tanguma, Wade, Brown, Jones, Jorgenson, Martin NAYS: None The motion carried. Jorgenson moved: Pierson seconded: -5- The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance be amended by the repeal of §22.4-15, I-3 Heavy Industrial District. AYES: Martin, Parker, Pierson, Smith, Tanguma, Wade, Brown, Jones, Jorgenson NAYS: None The motion carried. IV. DIRECTOR'S CHOICE Mrs. Romans reported that on Saturday, October 11th, she was at the City Hall from 10:00 a~m. until 4:00 p.m.; in that time, the re were only four contacts from the public, and only two contacts which dealt wi th the matter of the R-2 Medium Density Residence or R-3 High Density Residence Districts. Mrs. Romans stated the hearings will be held October 21st on the R-1-C and R-2 Zone District designations, and October 22nd on the R-3 Zone District designations; both I ;~arings will be in fue Com- munity Room. Mrs. Romans then discuss ed procedures she proposes to follow at the Public Hearings. She asked if the Commission wished to be seated on the stage, or at floor level? The Commission determined they would prefer to be seated at floor level. Mrs. Romans stated she proposed to review the permitted uses in the former zone districts for each area, and to then review permitted uses in the new zone district for each area. She stated that she would review the areas block by block if the Commission desired her to do so, identifying the types of development, the number of vacant lots, the size of the lots, etc. Mr. Jones suggested that possibly the amendment approved for recommendation to City Council on the amendment of the R-2 Medium Density District could also be brought out, and that it might allay the fears of some of the citizens who were concerned about the size of developments that could be permitted. Mrs. Romans noted that there have been inquiries in the 3500 block of South Cherokee regarding the possibility of business zoning in this block. Mrs. Romans stated that the area has been zoned R-3-B, and is developed with residential uses. The R-3 District as it might affect the Larwin development was discussed. Mrs. Romans stated that she has had contact from residents in the area, and they would like an opinion from the City Attorney's office as to whether or not, even though the Subdivision Waiver was recorded, if any future development on the site would have to conform to the new R-3 regulations? Mrs. Romans stated there is every indication the property will be sold off, in which case the property owner will have to plat the land. Mrs. Romans stated that she has -6- not had an opportunity to discuss this matter with the City Attorney. Mrs . Romans noted that there are covenants filed on the land limiting the density to 1,500 units for the total tract. Mrs. Oldenberg, a property owner in the area requested for R-1-C zoning between Kenyon and Oxford Avenues, between the Lincoln/Broadway alley and the Sherman/Grant alley, asked if the proponents of the R-1-C Zoning would be given an opportun i ty to speak at the Hearing. Mr. Martin assured her they would be allowed to speak. Mrs. Romans stated that Mr. Waller of RTD has been in contact with the office, and has indicated a desire to meet with the City Council and the Planning Commission sometime in the first week of November to review the Environmental Impact Statement . Mrs. Romans stated that City Manager McCown is trying to set a date for the meeting; it may possibly be a work session on November 3rd. RTD would like to meet with the Commission and Council prior to presenting the EIA to the Citizens Action Committee. V. COMMISSION'S CHOICE Mr. Tanguma stated that he had asked for an opinion from the City Attorney's office on the possibility of down-zoning I-1 zoned property to possibly R-1-C. He wondered if this opinion had been prepared. Mr. DeWitt stated he would have 1o review the history of the case in greater depth before he could render an opinion; he did comment that he felt down-zoning to ~ single-family resi- dential zone might be "stretching the point a bit". Mr. DeWitt discussed a definition of "Temporary Structure" which he was asked to clarify. He stated that in the Compre- hensive Zoning Ordinance, there is a definition of "Structure, temporary", which does cover some of the points discussed by the Commission. Mr. DeWitt stated that he does have a rough draft of an amendment to that definition to include items the Commission discussed, and that he hopes to have the pro- posed definition to the Commission at the next meeting. Mr. Martin asked, in reference to Mr. Anderson's land at South Inca and U. s. 285, if it is a fact that the hotel will not be constructed? Mrs. Romans stated that Mr. Anderson informed her he was considering the possibility of constructing the hotel on another site. A contact was received from Burger King, on the same day as her conversation with Mr. Anderson, about the possibility of a fast-food outlet on the subject site, so it was assumed that the hotel may be constructed but not on the original site which may be sold for other uses. Mr. DeWitt stated he understood there have been problems with financing for the hotel. .e . : . •'•'" ' ' •' . : ... . . •' ' . ' • • ~ I , . < :ir .. ;.'. ,· -7- Mr. Jones asked if a hotel wr3 a perm ) LL0 d use in the I -1 Zone District. Mrs. Roman s P tated th ~t it was permitted as a Conditional Use, and appro ved by the !J"l 2.nning Commission . Mr. Jones stated that he has discusse t he matter with the Public Works Department; there are cu :..~·o cuts to the prope rty from U.S. 285; he would like to recom Pn d that the Public Works Department be direct ed to close the curb cuts from U.S. 285 onto the propert y. He state ~ it would be a very hazar dous situation to all w the use ~r those cu rb cuts b ec ause of the traffic volume on TL~;. 285 ar1 d the turning movements that might result with a fa.,t -food 01 1n·ation at that locationo The proposed hotel was not to have h ~d access onto UoS. 2850 Mr. Jones noted there is ~ curb c~t o n Jason south of UoSo 285 that could be used by wh J.tever devcluf1 1llent goes in on the property. Brief discus s1on followed The meeting adjourned at 7:45 Pomo -J ~ t I [£«-A' t'-.) '- Gertrude G. Welty Recording Secretary • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTIO N OR RECOMMENDATION OF THE CITY PLAN NING AND ZONING COMMISSION DATE: October 14, 1975 SUBJECT: Amendment of Comprehens ive Zoning Ordinance, §22.4-5b(3) RECOMMEN DATION: Pierson moved: Parker seconded: The Planning Commission recommend to City Council that t h e Comprehensive Zoning Ordinance, §22.4-5b(3) be amende d to r ead: b. Permitted Principal Uses. (3) Multi-family dwellings , not exeeeding ~4 ttn~ts ~er aere NOT MORE THAN FOUR OF WHICH UNITS SHALL BE ATTACHED. AYES: Smith, Tanguma, Wade, Brow n, J ones, Jorgenson, Martin Parker, Pierson NAYS: None The motion carried . Respe c tfully submitted, By Order of the City Planning and Zo ning Commission Gertrude G. Welty Recording Secretary • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: October 14, 1975 SUBJECT: Amendment of Comprehensive Zoning Ordinance, §22.4-15 RECOMMENDATION: Jorgenson moved: Pierson seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance be amended by the repeal of §22.4-15, I-3 Heavy Industrial District. AYES: Martin, Parker, Pierson, Smith, Tanguma, Wade, Brown, Jones, Jorgenson NAYS: None The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission