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HomeMy WebLinkAbout1975-12-17 PZC MINUTES• • CITY OF ENGLEWCX>D PLANNING AND ZONING COMMISSION December 17, 1975 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vice-Chairman Tanguma. Members present: Brown, Jones, Jorgenson, Pierson, Smith, Tanguma Romans, Ex-officio Members absent: Wade, Martin, Parker Also present: Associate Planner House Assistant City Attorney DeWitt II. APPROVAL OF MINUTES. Mr. Tanguma stated that the Minutes of November 25, 1975, and December 2, 1975, were to be considered for approval. Pierson moved: Brown seconded: The Minutes of November 25, 1975, and December 2, 1975, be approved as written. AYES: Tanguma, Brown, Jones, Pierson, Smith NAYS: None ABSTAIN: Jorgenson ABSENT: Wade, Martin, Parker The motion carried. III. Mrs. Romans stated that Mr. Eitel, representing rezoning applicant William VanHeusen, has asked permission to introduce his client and have him give his statement pertaining to the rezoning request prior to the time the matter is scheduled on the agenda. Mr. Eitel stated that Mr. VanHeusen is to appear at another meeting at 8:00 p.m., and it is possible the first hearing on the agenda may not be completed 1n time for Mr. VanHeusen to testify before he has to leave. Jones moved: Smith seconded: Mr. VanHeusen be permitted to make a. brief statement relative to Case #35-75 and #36-75 at this time. AYES: Smith, Tanguma, Brown, Jones, Jorgenson, Pierson NAYS: None ABSENT: Wade, Martin, Parker The motion carried • • • -2- Mr. Eite l stated th a t Mr. VanHeusen is the applicant for the rezoning; Mr. Voorheis is the owner of the property Mr. VanHeusen has an interest in. Mr. VanHeusen proposes to erect a shoppette at Delaware and U. S. 285; this would encompass the property now developed by Glass Bottle Liquors, south to the property at 3536 South Delaware Street. Mr. Eitel introduced Mr. VanHeusen who stated that he has an option to purchase the land, and hopes to exercise the option, if the property is rezoned to business classification . Mr. VanHeusen stated he hoped to construct a retail shoppette with professional office space on the top floor. He stated he does have the financing for the project. Mr. Va nHeusen stated it would be impossible to go further with the p rojec t if the zoning cannot be granted. He hopes to have a fish ma r ket, a delicatessen, and Glass Bottle Liquors in the new building . Mr. VanHeusen stated that he is trying to "pick the area up", and has committments from people if he can get th e zoning changed. Mr. Jones asked if Mr. VanHeusen planned to extend the existing Glass Bottle Liquor building, or if he planned to replace the entire structure? Mr. VanHeusen stated that he understands the building next to the Glass Bottle Liquor is up for sale, and that he hoped to buy that parcel also, and construct a new building. Mr. Eitel asked Mr. Van Heusen if he had some idea of the amount of traffic that could be generated by the pro- posed complex? Mr. VanHeusen stated that this is hard to determine at this point . Mrs. Pierson excused herself from the meetin~. IV. REZONING R-3 to B-2 Jones moved: CASE #34-75 Brown seconded: The Public Hearing on Case #34-75 be opened. AYES: Smith, Tanguma, Brown, Jones, Jorgenson NAYS: None ABSENT: Pierson, Wade, Mar tin, Parker The motion carried. Mr. Tanguma stated that he would first ask the opposition to present their case, and then the proponents of the case would be a sked to speak. Mr . Tanguma asked that persons wishing to speak come t o the pod i um and give their name and address for the record. Mr. Tanguma then asked Mrs. Romans to give a background of the request . Mrs. Romans stated that public notice did appear in the Englewood Herald Sentinel, and the property has been posted for the required number of days. The property encompassed in the request is south of West Belleview Avenue, to the west of the K-Mart Store and east o f the Amb ulance Service operation. The property is techn ically unzo n ed; h owe v e r, an ordinance was passed by City Council a t their meeting o f December 16th approving an R-3, High De nsity Residence cl a s s i fica t ion for the property, which classi- f i cation will become effect i ve on January 21, 1976. • • -3- Mrs. Romans discussed the zoning classifications abutting the area. There is a 50 ft. strip of R-4, a Residential-Professional Zone District, immediately to the east of the site, with B-2 zoning abutting the R-4 classification on the east. To the north of the property on the north side of West Belleview Avenue, there is both the R-2, Medium Density Residence classification and R-1-A, Single-family Residence. The area to the west of the subject site is included in the R-3 designation which will become effective January 21st. Mrs. Romans stated that Mr. Maples had filed a rezoning request for B-2 zoning in 1972; the Planning Commission recommended approval of the request; h owever, City Council denied the request following a public h earing on the matter. Mrs. Romans stated that the staff re- port goes into the background in greater detail. Mr. Tanguma suggested that the staff report be entered into the record. Mr. Tanguma asked that opponents to the rezoning request present their arguments. Mr. Cangilla 5000 South Delaware -asked if the City still had a Master Plan? Mrs. Romans stat ed the City does have a Master Plan. Mr. Cangilla asked if it was the same Master Plan that was in effect in 1972 when Mr. Maples had requested rezoning of the site? Mrs. Romans stated it was. Mr. Cangilla stated that he felt extension of the commercial zoning down Belleview would not be compatible with the existing single-family zoning and uses along the north side of Belleview in Englewood. Mr. Cangilla stated that the Master Plan does not project further commercial zoning on Belleview Avenue; there has been no demonstration the original zoning of the subject site was in error. There has been no demonstration the property cannot be used and developed under the present zoning, which, Mr . Cangilla noted, was "established on December 16th." Mr. Cangilla questioned what will happen to their neighborhood, and what will happen to Bellev i ew Avenue if the commercial zoning request is approved? Mr. Cangilla asked what would prevent the City from zoning property along Belleview for com- mercial use west to the apartment houses in Littleton. Mr. Cangilla stated that the R-1-A District across Belleview Avenue to the north, is the "best zoned single-family district in the City of Englewood." Mr. Cangilla stated that "we read so much in the paper from people who want to preserve single-family homes in Englewood; are you going to preserve single-family zoning by permitting commercial zoning on Belleview?" Mr. Cangilla stated he did not feel it is fair to the property owners who live in the area to have to fight a rezoning request every two years on the Maples' property; he stated the property owners would like some assurance from the City they could live in peace and not have to worry about a rezoning change. Mr. Cangilla noted t here is a school in the immediate area, and if the zoning is ch ang ed to commercial, traffic in the area will be increased, Mr. Ca ngilla stated that he is sure there is • • -4- vacant grourn elsewhere in Englewood that is better suited to "commercial enterprise." Mr. Cangilla stated that he sees no need for further commercial zoning on Belleview Avenue, and that if the request is approved, he feels it "will open Pandora's Box," and there will be a strip zoning along Belleview Avenue. Mr. Cangilla stated that he is tired of paying taxes in this City and not being able to live in peace in a single-family Districto Mr. Tanguma asked if there were any questions of Mr. Cangilla? Mr. Brown asked Mr. Cangilla if he would be equally opposed to a B-1 District as to a B-2 District? After Mrs. Romans re- viewed the permitted uses in both Zone Districts, Mr. Cangilla stated he would be as opposed to B-1 as he is to B-2. Mr. Cangilla noted that there is a Chrysler-Plymouth dealership at Broadway and Belleview, and even though he lives four blocks away, he can hear the loud-speakers; on sales days they have recorded music which he can also hear. Mr. Cangilla stated there are too many cars in the neighborhood, and they travel between 40 to 50 mph; this present traffic plus additional traffic introduced by another commercial use would be very dangerous. Mro Anthony Unrein stated that he owns the ambulance service to the west of Mr. Maples' property. Mr. Unrein stated that the Ambulance Service took possession of their property in 1963, when the property was still under the jurisdiction of Arapahoe County. At the time the ambulance service was interested in purchasing their property, it was contingent on whether or not they could locate there --the County had nothing in the zoning regulations permitting or prohibiting an ambulance service in the zone district applied to that property, and the County permitted the use to be established. As time went on, this property was included in annexation to the City of Englewood. They were given a "grandfather" right to continue their opera- tion on the site even though the property was not zoned for such use. Mr. Unrein stated that the ambulance service does not operate a "nuisance-type" business, and tries to respect the residential character of the neighborhoodo Mr. Unrein stated that he is not sure what Mr. Maples proposes to do with the property once he gets the zoning changed. Mr. Unrein stated that he did not purchase his property for commercial reasons, and he has not moved a business there, and there is no business conducted from this site. Mr. Unrein stated that at the pre- vious zoning hearing for Mr. Maples' property, it was implied that the ambulance service was a commercial operation, and he feels this is the question at this hearing. Mr. Unrein stated that if Mr. Maples' request is granted, he would seriously con- sider requesting commercial zoning for his pr_operty, and he felt residents of the area would understand his request. Mr. Unrein noted that the sign posting Mr. Maples' property for this Hearing reads "a change of zoning from R-3 to B-2"; he noted that the R-3 designation wasn't approved for the area un- til the Council meeting of the previous evenin& December 16th. • • -5- Mr. Unrein indicated · he felt the R-3 zone designatio n was a foregone conclusion on the part of the City when the sign was worded as it was. Mr. Unrein stated that he has his residence at Grant and Bellewood; he can also hear the P.A. system from the car dealership at Belleview and Broadway. He also is affected by the floodlights from this use. Mr. Unrein stated that he didn't . feel the area had the ability to handle further automotive traffic, and he noted that Belleview has no pro- v1s1on \\hatever for pedestrian traffic that might be generated by the commercial use. Mrs. Romans stated that she felt it should be made clear that anyone who owns property in the City of Englewood has the right to apply for rezoning of their property. Mr. Unrein stated that he still doesn't know what Mr. Maples proposes for the property if the rezoning is granted; "if you think this should go commercial, you should hold it in abeyance and let [him] go commercial too." Mr. Brown noted that Mr. Unrein seemed to feel that the com- mercial zoning request would be approved, and asked why he should feel that way. Mr. Brown noted that the Commission is charged with recommending to City Council on a matter such as rezoning, and the City Council is charged with making a decision on the matter. Mr. Brown stated that the Commission does have to listen to any citizen who wishes to be heard; but the Commission will view the facts and recommend what they feel is best for the neighborhood and for the City. Mr. Brown asked on what information Mr. Unrein based his statement? Mr. Unrein stated that he didn't know how to answer the question; he does have the feeling, however, that the commercial zoning will be approved. Mrs. Romans stated that in regard to the wording of the sign, the staff felt that it was more proper to have the sign read for a change of zoning from "R-3'!, than from "unzoned". Mr. DeWitt stated that the purpose of posting the property is to state clearly what is happening, which he felt was so stat ed on the signs in question. Mr. Unrein stated that he wondered who decided the land was to be R-3? Mr. Smith reiterated that every citizen has the right to make application for a zoning change; he stated that he didn't think anybody on the Commission has any idea what they are going to do as far as this matter is concerned; they are in- terested at this point in hearing the facts of the matter. Mr. Unrein stated that he was only expressing his feelings on the case . • • -6- Mr. Cangilla stated t hey are not accusing people of having their minds made up. They are trying to point out that the staff and Commission were pre-supposing the R-3 zoning had been approved for the site at the time the signs were made and posted. He stated that the Community Development office is responsible for the wording of the signs and the wording of the legal notice; the zoning was not officially R-3 until the Countil approval on December 16th; Mr. Cangilla stated the opponents to the request do say the City of Englewood was going on the assumption the R-3 zoning was going to be approv~d. They do question the legality of such an assumption and the posting of the property based on that assumption. Mr. Tanguma asked i f anyone else would like to speak in opposition to the request? No one indicated they wished to spe a k in opposition . Mr. Tanguma t hen asked for the proponents to present their case. Mr. Grady Franklin Maples 22 Viking Drive Cherr y Hills Vil l age -stated that on November 19, 1975, he received a letter from the Department of Community Development setting forth the wording to be used on the signs posting his property. He had the sign made according to the information he received. Mr. Maples stated that he had no inten tion to do anything but what is proper, and that he does not understand the concern voiced about the posting. However, if it will eliminate problems, he will go back and repost the property. Mr. DeWitt noted that a recent Court case has ruled that signs posting the property do not need "particularity or scientific accuracy"; they must give fair notice of the Public Hearing, which the signs posting Mr. Maples' property have done, inasmuch as persons who have seen the signs are in attendance at the meeting. Mr. DeWitt stated that he sees no need to repost the property. Mr. Maples stated that in addition to information presented with his application, he wanted to review development along West Belleview Avenue from Broadway to South Santa Fe Drive. Mr. Maples stated that he would like to point out that the Master Plan is not the law, it is not final, and is not in- flexible --it is a "Plan". Mr. Maples stated that commercial uses along West Belleview on the south side, include Tuffy Muf f lers, A & W Root Beer, the Leaning Tower of Pizza, Dolly Madison, Magicomb Beauty Salon, K-Mart ,-from 50 West Belleview to 200 West Belleview Avenue. The R-4 zoned property is used as a part of t he K-Ma r t development, and is abutted on the west by property owned by Mr. Maples and Messrs. Richard and Robert Hoffschneider. At 358 West Belleview, there is the ambulance service company owned by Mr. Unrein. Mr. Maples emphasized t he commercial aspec t of properties on both sides of the p r operties o wned b y h e and the Messrs. Hoffschneider. Mr. Ma ple s noted that one ou t o f every ten persons is employed in • • -7- the automotive industry in this country. He stated that the automotive industry makes a good contribution to economic status of this country, and he cannot understand the objection to a car dealership in the area. Mr. Maples stated that at 400 West Belleview, the property is owned by a John F. Clark, Jr.; property at 500 West Belleview is owned by Mrs. Helen Caskey, and Mr. Maples stated that he had talked to Mrs. Caskey less than 20 minutes prior to the meeting regarding the commercial zoning on Belleview Avenue; Mrs. Caskey is reported to want commercial zoning for her properties at 500 and 520 West Belleview and at 321 and 375 West Belleview Avenue. Mr. Maples stated that continuing on west on the south side of West Belleview Avenue, one comes to the Kabuki Palace apartments, and then an apartment complex at 800 West Belleview Avenue; there is then Progress Park and the Fair Grounds. Mr. Maples cited further commercial uses along West Belleview Avenue, such as R. E. Willett, Regency Realtors, etc., Electron 1 Public Service Company, Golden Age Upholstery, a barber shop, and the Goblet Lounge. On the north side of West Belleview Avenue, from South Santa Fe Drive east to Broadway, there is the South Santa Fe Paint & Wall outlet, an asphalt company, Kiln Art, Metro Form Builders, Inc., John Todd Company, Home Lumber Company, Wood Brothers Nursery, Redi-Mix Concrete, a restaurant, South Drive-In Theater, Home Lumber & Supply, and Arapahoe Rental. Mr. Maples stated that he felt the majority of West Belleview Avenue is already developed for commercial use, and he submitted an application for commercial zoning for his property. His property and that of the Hoffschneiders is "boxed in" by com- mercial uses. Mr. Maples noted there is the Red Cross building at 490 West Belleview, and the Englewood fire Station at West Belleview Avenue and South Fox Street. He noted these two uses are not "residential" uses. Mr. Maples stated that he felt the Commission was familiar with his previous rezoning application; the Commission did recommend approval of the rezoning request at that time. Mr. Maples stated that he could understand Mr. Unrein opposing the commercial zoning, because "he has what he wants", and doesn't want him, Mr, Maples, to have what he wants. Mr. Maples stated that he feels his application should be granted as sub- mitted, and hoped the Commission will take time to go down and study the commercial development along West Belleview. Mr. Maples emphasized that the majority of property along West Belleview is developed for commercial use, and that "he wants what the vast majority already have." Mr. Maples stated that he would be happy to answer any questions the Commission might have at any time. Mr. Brown asked Mr. Maples how he felt about the B-1 Zone classification rather than the B-2? Mr. Maples stated he would rather have the B-2 classification. If he had a choice of R-3 or B-1, he would prefer the B-1 zoning. -8- Mr. Jorgenson asked Mr. Maples if he had any idea what he wanted to use the property for if the zoning should be granted? Mr. Maples stated that he did not plan to use the property for an automotive dealership, "in spite of what has been said". Mr. Maples stated that he has had the property listed for sale with three different real estate firms, among them Garrett- Bromfield and Trowbridge, and it has not sold. Mr. Maples emphasized that he does want to sell his property; he stated he asked the real estate firms to bring him "any kind of offer", but none were received. He stated that if the economy would turn around a bit, and if he were to be granted the B-2 zoning, the property might sell. He again stated that he did not have any "specifics" in mind. Mr. Jones asked if the property has been · platted? Mrs. Romans stated that the property is part of an approved subdivision. Mr. Cangilla stated that he agreed that the Master Plan is not "law", and that he never said it was law; however, it is for the benefit of all the people, and not one individual. Mr. Cangilla stated that the majority of land along Belleview within the City limits of Englewood is not commercial, and he didn't believe we were discussing the area in Littleton. Mr. Cangilla asked how many of the business zoned areas on Belleview have R-1-A, Single-family Residential, zoning right across the street from them, as is the case with Mr. Maples' property. Mr. Cangilla noted that on the south side of West Belleview Avenue, there is an apartment development separating the com- mercial and the single-family area. If commercial zoning is allowed to expand along West Belleview, there will be R-1-A zoning abutting or adjacent to the B-2, Business zoning. Mr. Cangilla noted that the Commission had previously recommended approval of the B-2 zoning and it had subsequently been denied by the City Council. Mr. Cangilla urged the Commission to consider the facts of the matter before reaching a decision. Mr. Cangilla then asked the Commission to permit a gentleman to speak in opposition; the gentleman had just arrived. The Commission agreed to hear the gentleman. Mr. William H. Bashor 5250 Miramonte Road -stated that he is opposed to the rezoning request, and that he has been through this previously before both the Planning Commission and the City Council. Mr. Bashor stated he felt there have been no changes in the area or the subject property that warrant rezoning. Mr. Bashor made reference to §22.3 of the Comprehensive Zoning Ordinance, and to page 16 of the Commission Handbook, which states that a rezoning request should complete at least one city block of compatible zone classification," or must be contiguous to like or compatible zoning classification; there must be proof presented there is a demand and need for enlarging the existing zone classification; other factors to be considered include the possibility of an error in the original zoning, the possibility of changes in the area that would justify a re- zoning; an d whether or not a person is denied the use of the • • -9- land because of the zone classification. Mr. Bashor stated that in examining the above criteria, the rezoning request filed by Mr. Maples does not meet any one of the said items. Mr. Bashor stated that this request, if granted, would be an "appendage" to the B-2 area to the east. Mr. Bashor states that the only proof presented by the applicant is the fact he wants to get business zoning. Mr. Bashor stated that he contends there is ample business zoning within the City of Englewood at the present time. Mr. Bashor stated there was no error in the original R~3-B or R-3 classification placed on the property. There have been no changes in the area beyond development in accordance with the zoning classifications. Mr. Bashor stated that no arguments have been presented that the property cannot be developed under the present zone classification. Mr. Bashor noted that the R-3 development suffers or benefits from a cyclic condition; when an area is over-built, the development slows down, but will pick up again. Mr. Bashor stated that the fact the land may not be used as profitably under the R-3 zoning as under a business zoning is no justif icati.on for a change in the zone classification. Mr. Bashor reiterated that there has been no change in the area since the matter was before the Commission and Council three years ago. Mr. Bashor stated that if this rezoning request were granted, it would be very difficult to deny additional requests for commercial zoning in the adjacent areas. Mr. Bashor also stated that everyone of the members of the Commission have committed themselves publicly or otherwise to the nurturing of the single-family areas and development in the City. Mr. Maples pointed out that Mr. Bashor had not heard the pre- vious discussion on the matter, and that in his mind, there have been changes in the past three years which do justify his rezoning request. He emphasized he is not applying for the rezoning for the purpose of an automotive dealership. Mr. Bashor pointed out that the rezoning application is for "business" zoning, which zoning if granted could permit many uses. "Business zoning is business zoning." There were no other persons present who wished to speak. Smith moved: Jones seconded: The Public Hearing be closed. AYES: Smith, Tanguma, Brown, Jones, Jorgenson NAYS: None ABSENT: Parker, Pierson, Wade, Martin Th e motion carried • • -10- Jorgenson moved: Smith seconded: The matter of Case #34-75 be tabled for further study and consideration until January 6, 1976. Discussion followed. Mr. Jones noted that terms of some members of the Commission may be expiring very shortly. Mr. DeWitt stated that new members of the Commission could not vote on the matter; the five members who heard the matter in Public Hearing would be those members eligible to vote on the decision. Brief discussion ensued. The vote was called: AYES: Smith, Tanguma, Jones, Jorgenson NAYS: Brown ABSENT: Martin, Parker, Pierson, Wade The motion carried . Mr. Jones asked if, in fact, the Commission is not able to reach a decision on January 6th, could the matter be continued to a later meeting date? Mr. DeWitt stated that it could be continued. Further discussion ensued. Mr. DeWitt noted that members of the Commission who are in office at the present time, who were not present at the Hearing, could listen to the tape of the meeting and be eligible to vote on the decision; persons who are not in office now, but who might be in office at the time the decision is made, would not be eligible to participate in the decision. Mr. Cangilla asked why a vote should be called noting the persons present or absent at a public hearing, and then allow those who were absent to participate in the decision? Mr. Maples asked if there would be any reason the Commission could not call a special meeting before January 6th? Mr. Tanguma stated that the Commission would follow the Assistant City Attorney's decision, and would consider the matter at the January 6th meeting. A brief recess of the Commission was called. The meeting was reconvened with the followirg members present: Jones, Jorgenson, Smith, Tanguma and Brown. Members absent were Martin, Parker, P ierson and Wade . V. WM. VAN HEUSEN R-3 to B-2 Jones moved: CASE #35-75 Brown seconded: The Public Hearing on Case #35-75 be opened . AYES: Jorgenson, Smith, Tanguma, Brown, Jones NAYS: None ABSENT: Martin, Parker, Pierson, Wade The motion carried • • • -11- Mr. Tanguma asked Mrs. Romans for a -background on this case. Mrs. Romans stated that this case is a request for commercial zoning on property on South Delaware Street south of U.S. 285. The existing B-2 Zone District extends south of the Highway for 150 ft.; the proposal is to extend the zone district south for another 100 ft. +/-. The existing zone boundaries do split an ownership. The area encompassed in the rezoning request is proposed for R-3, High Density Residence, and was approved by City Council on December 16th. Mrs. Romans noted there are two apartment houses on the south end of the block, which will not be included in the rezoning request. Mr. Tanguma asked if anyone wished to speak in opposition to the request. No one spoke in opposition. Mr. Tanguma then asked for the ·proponents to speak. Mr. Tom Eitel stated that he represented Mr. VanHeusen, the applicant. Mr. Eitel stated that Mr. VanHeusen has an option to purchase Mr. Voorheis' property. Mr. Ettel stated that the property Mr. VanHeusen is interested in is on the east side of South Delaware Street; on the west side of South Delaware, there is a medical building and a single-family house that is vacant. Mr. Eitel stated that Dr. Robert Campbell owns the property on the west side of the street. The property on the east side is owned by Mr. Voorheis, and a single-family home on a 50 ft. frontage is owned by a Mr. R. L. Law. Mr. Eitel stated that Mr. Law has stated he is not opposed to the re- quested rezoning, and has agreed to have his property included in the request. Mr. Eitel stated that the rezoning request has been expanded to include the First National Bank parking structure on South Elati Street, which is now in an R-4 Zone District. Mr. Eitel stated that to the west of South Elati Street, the area is zoned for industrial development. Mr. Eitel stated that property owners abutting the apartment developments and the business zoning on U.S. 285 have had difficulty developing their property because of the size o{ the ownerships --they were restricted to building single-family homes or at most, a duplex. Mr. Eitel stated that the land is too expensive to develop with residential uses, running around $6 per sq. ft. Mr. Eitel stated that Mr. VanHeusen proposes to construct a shoppette on the Voorheis property. Mr. Eitel stated that he feels the rezoning, if granted, will do nothing but permit development of the area, which cannot develop under the present zone classification. Mr. Eitel stated that South Delaware Street is a heavily traveled street, and the shoppette would not be adding to the traffic the street now carries. Mr. Eitel stated that off-street parking will be provided on site. Mr. Eitel stated that Dr. Campbell's property is listed for sale, but seems difficult to sell with the split zoning -- having both B-2 and R-3 zoning. Mr. Eitel stated that Mr. Voorheis has had the same problem on the east side of South Delaware Street because of the split .zoning applied to his property. • • -12- There were no other persons present who d s hed to be heard on the matter. Jones moved: Smith seconded: The Public Hearing on Case #35-75 be closed. AYES: Jones, Jorgenson, Smith, Tanguma, Brown NAYS: None ABSENT: Martin, Parker, Pierson, Wade The motion carried. Jones moved: Jorgenson seconded: The Planning Commission recommend to City Council that the following described property be rezoned to B-2, Business, for the following reasons: Commencing at a point which is the intersection of the center- line of the Cherokee/Delaware alley and the extended north line of Lot 7, Block 1, of Skerritt's Addition, thence southerly along said centerline to a point of its intersection with the extended south lot line of Lot 10, Block 1 of Skerritt's Addition, thence westerly along said extended lot line to a point of its intersection with the centerline of South Delaware Street, thence southerly along said centerline to a point of its intersection with the extended south line of the north 1/2 of Lot 11, Block 1, Englewood, thence westerly along said line to a point of its intersection with the centerline of the Delaware/Elati alley, thence north along said centerline to a point of its intersect ion w i th the extended north line of Lot 7, Block 1, Englewood, thence easterly along said line to the point of beginning, all in Arapahoe County, Colorado. 1. The subject area adjoins the B-2 zoned commercial area that forms a part of the strip of commercial uses on the south side of West Hampden/U.S. 285; two of the parcels in the subject area are contiguous to B-2 zoned property under the same ownership. 2. Property owners whose land is both in B-2, Business and R-3 High Density Residential Zone Districts, have not been able to develop their land as they had desired. Were the zoning to be approved as requested, the land could be used for expansion of commercial uses fronting on U.S. 285. 3. The apartment houses which have been built on the south end of South Delaware Street have isolated these lots be- tween high density residential on the south and commercial uses on the north. Because of the minimum lot area re- quirements in the R-3 Zone District, the proposed R-3 zoning would limit the use of these properties to single- family or medium density dwellings between the high-density residential development and the commercial development. The B-2 zoning would allow owners to develop their land with the conti~uous B-2 zoned properties. • • • -13- 4. The proposed change of zoning would not conflict with the Comprehensive Plan . AYES: Brown, Jones, Jorgenson, Smith, Tanguma NAYS: None ABSENT: Martin, Parker, Pierson, Wade The motion carried. VI. WILLIAM VAN HEUSEN R-4 to B-2 Jones moved: CASE #36-75 Smith seconded: The Public Hearing on Case #36-75 be opened. AYES: Brown, Jones, Jorgenson, Smith, Tanguma NAYS: None ABSENT: Wade, Marti~, Parker, Pierson The motion carried. Mrs. Romans stated that public notice did appear in the Englewood Herald Sentinel, and the property was posted the required number of days. The area considered in Case #36-75 is on the east side of South Elati Street north of West Ithaca Avenue, and is presently zoned R-4, Residential-Professional. The property is developed with a parking structure used by tenants of the First National Bank Building. The R-4 District does permit the off-street parking of cars; however, a 25 ft. setback is required, which the parking structure does not meet, and the R-4 District is not designed for the intensity of use that has developed on this site. The staff feels this land would more properly be zoned B-2, Business. When the parking structure was built, the area was developed with single-family homes; however, the neighborhood has changed, and the R-4 Zone District does not now meet the needs of 1he site. Mr. Eitel stated that the parking structure itself is owned by the Cleveland Land and Trust, of which Frederick R. Ross, Co. is the representative. He stated that he has discussed the matter with a Mr. Pipkin from Frederick R. Ross Co.; he stated he assumed they had no objection to the request as he has heard nothing further from them, and they are not represented at the Hearing. There were no other persons present who wished to be heard on the matter. Jones moved: Brown seconded: The Public Hearing be closed. AYES: Tanguma, Brown, Jones, Jorgenson, Smith NAYS: None ABSENT: Wade, Martin, Parker, Pierson The motion carried. • • • -14- Jones moved: Jorgenson seconded: The Planning Commission recommend to City Council the requested rezoning be approved for a change from R-4 to B-2 zoning for the following described property: Commencing at a point which is the intersection of the centerline of South Elati Street and the centerline of West Ithaca Avenue, thence north along the centerline of South Elati Street to its intersection with the extended north lot line of Lot 26, Block 1, Englewood, thence east along said line to its intersection with the centerline of the Delaware/Elati alley, thence south along said centerline to its intersection with the centerline of West Ithaca Avenue, thence west to the point of beginning, all in Arapahoe County, Colorado. The recommendation is based on the following reasons: 1. The present R-4 Zone District includes this property as a "spot" zone meant to be a buffer area between residential and industrial use zones. The property is now developed as a private parking structure, a use permitted in both R-4 and B-2 Zone Districts; therefore, there is no longer any reason for this isolated spot of R-4 zoning. 2. The area is adjacent to B-2 zoning on the north end of the block. B-2 zoning for the subject property would ex- tend this commercial zone south to include all of the east side of South Elati Street in the 3500 block • 3. The proposed change of zoning would not conflict with the Comprehensive Plan. AYES: Smith, Tanguma, Brown, Jones, Jorgenson NAYS: None ABSENT: Wade, Martin, Parker, Piersai The motion carried. • VII. MARY E. MITCHELL R-3 to B-1 CASE #37-75A 12/2/75 Mrs. Romans stated that the Public Hearing on Mrs. Mitchell's rezoning request was held December 2; the matter was tabled to this date for further consideration. Smith moved: Consideration of Case #37-75 be raised from the Table. Mr. Jorgenson noted he would abstain from discussion and voting, inasmuch as he was absent at that Public Hearing. It was determined there would not be a quorum present to discuss the matter. Mr. Smith withdrew his motion to raise the matter from the Table • • • -15- Jones moved: Smith seconded: Consideration of the Mitchell rezoning request, Case #37-75, be continued until January 6th. AYES: Smith, Tanguma, Brown, Jones, Jorgenson NAY : None ABSENT: Parker, Pierson, Wade, Martin The motion carried. VIII. DIRECTOR'S CHOICE Mrs. Romans stated at the previous Commission meeting, the staff was directed to contact someone with the Larwin Company asking them to meet with the Commission. A letter was sent by certified mail, to Mr. George Jones in Beverly Hills. To this date, the return receii:t has not arrived, the letter has not been returned, and there has been no reply from Larwin. Mrs. Romans discussed the emergency exit gate at Floyd Avenue and South Franklin Street. Mrs. Romans stated that the staff has repeatedly been told that the gates would be replaced. A notice of violation was given to the manager with the admonition that if the gates were not in place by 9:00 a.m. on December 17th, a permanent barricade would be erected by the City. Mrs. Romans stated that the manager of Kimberly Woods called, and indicated that gates would be installed on December 18th. Mrs. Romans stated that Mr. Mccown had given her a "s t atus report" on the progress of Halcyon Heights submitted by Attorney John Criswell, earlier this evening. Mrs. Romans stated that no action would be required of the Commission, and copies will be made for their information. Mrs. Romans stated that a copy of the closing statement on 3585 South Emerson Street, issued by the First National Bank, has been submitted by Mr. Criswell. The required turning radius for the alley will come from this property. The developers are in their pre-sales campaign, and want to hold the dedication of the alley in abeyance until they determine the success of the pre-sales program. Mrs. Romans reminded members of the G.O. Bond election on December 23rd, regarding financing of the apartment complex for the low-income elderly. IX. COMMISSION'S CHOICE Mr . Brown asked if the Commission needed to take any action o n Mr. Martin's resignation from the Commission. Mrs. Romans stated that the City Counc i l would take action on the resigna- tion. Mr. Brown sugges t ed that a letter 'of appreciation be drafted and sent to Mr. Martin. • • • -16- J ones moved: Brown seconded: The staff is directed to prepare a letter of appreciation to Mr. Martin, for the signature of the Chairman of the Commission. Th e mo tion carried. Me e ting adjourned at 9:35 p.m • • • -17- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: December 17, 1975 SUBJECT: Approval of Rezoning Request, Case #35-75 RECOMMENDATION: Jones moved: Jorgenson seconded: The Planning Commission recommend to City Council that the following described property be rezoned to B-2, Business, for the following reasons: Commencing at a point which is the intersection of the center- line of the Cherokee/Delaware alley and the extended north line of Lot 7, Block 1, of Skerritt's Addition, thence'southerly along said centerline to a poin~ of its intersection with the extended south lot line of Lot 10, Block 1 of Skerritt's Addition, thence westerly along said extended lot line to a point of its intersection with the centerline of South Delaware Street, thence southerly along said centerline to a point of its intersection with the extended south line of the north 1/2 of Lot 11, Block 1, Englewood, thence westerly along said line to a point of its intersection with the centerline of the Delaware/Elati alley, thence north along said centerline to a point of its intersection with the extended north line of Lot 7, Block 1, Englewood, thence easterly along said line to the point of beginning, all in Arapahoe County, Colorado. 1. The subject area adjoins the B-2 zoned commercial area that forms a part of the strip of commercial uses on the south side of West Hampden/U.S. 285; two of the parcels in the subject area are contiguous to B-2 zoned property under the same ownership. 2. Property owners whose land is both in B-2, Business and R-3 High Density Residential Zone Districts, have not been able to develop their land as they had desired. Were the zoning to re approved as requested, the land could be used for expansion of commercial uses fronting on U.S. 285. 3. The apartment houses which have been built on the south end of South Delaware Street have isolated these lots be- tween high density residential on the south and commercial uses on the north. Because of the minimum lot area re- quirements in the R-3 Zone District, the proposed R-3 zoning would limit the use of these properties to single- family or medium density dwellings between the high-density residential development and the commercial development. The B-2 zoning would allow owners to develop their land with the contiguous B-2 zoned properties • 'I·· I ~ f r t ·~ I • • -18- 4. The proposed change of zoning would not conflict with the Comprehensive Plan . AYES: Brown, Jones, Jorgenson, Smith, Tanguma NAYS: None ABSENT: Martin, Parker, Pierson, Wade The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission • J • • -19- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: December 17, 1975 SUBJECT: Approval of Rezoning Request, Case #36-75 RECOMMENDATION: Jones moved: J orgenson seconded: The Planning Commission recommend to City Council the requested rezoning be approved f or a ch a n ge from R-4 to B-2 zoning for the following described property : Commencing at a point which is the intersection of t he centerl ine o f South Elati Street and the centerline of West Ithaca Avenue, thence north along the centerline of South Elati S t reet to its intersection with the extended north lot line of Lot 26, Block 1, Englewood, thence east along said line to its i n tersection with the centerline of the Delaware/Elati alley, thence south along said centerline to its intersection with the centerline of West Ithaca Avenue, thence west to the point of beginning, all in Arapahoe County, Colorado. The recommendation is based on the following reasons: 1. The present R-4 Zone District includes this property as a "spot" zone meant to be a buffer area between residential and industrial use zones. The property is now developed as a private parking structure, a use permitted in both R-4 and B-2 Zone Districts; therefore, there is no longer any reason for this isolated spot of R-4 zoning. 2. The area is adjacent to B-2 zoning on the north end of the block. B-2 zoning for the subject property would ex- tend this commercial zone south to include all of the east side of South Elati Street in the 3500 block. 3. The proposed change of zoning would not conflict with the Comprehensive Plan. AYES: Smith, Tanguma, Brown, Jones, Jorgenson NAYS: None ABSENT: Wade, Martin, Parker, Pierson The motion carried. Respectfully submitted, By Order of the City Planning and Z.Oning Commission. 1 ,, i. ., ,· (I ~/· \:--t ~ -. v •/ y / / -~- Gertrude ~elty ~ Recording S e cretary y