HomeMy WebLinkAbout1975-01-07 PZC MINUTESI
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I. CALL TO ORDER.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
JANUARY 7, 1975
Page 1721
The Regular Meeting of the City Planning and Zoning Commission was called to order at 8:00
P. M. by Chairman Martin.
Members present: Jones; Jorgenson; Lentsch; Martin; Smith; Tanguma; Wade
Supinger, Ex-officio
Members absent: Brown; Weist
Also present: Assistant City Attorney Lee; Parks & Recreation Director Romans;
City Engineer Sagrillo
II. APPROVAL OF MINUTES.
Chairman Martin stated that Minutes of December 3, 1974, were to be considered for approval.
Lentsch moved:
Tanguma seconded: The Minutes of December 3, 1974, be approved as written.
AYES: Brown; Jones; Jorgenson; Lentsch; Martin; Smith; Tanguma; Wade
NAYS: None
ABSENT: . Weist
The motion carried.
III. NEW ENGLEWOOD, LTD.
Off-Street Parking Lot
CASE #33-74A
December 3, 1974
Mr. Martin stated that this matter had been discussed at the December meeting, and action
had been deferred until needed facts and figures could be obtained, and until the members of
the Commission had an additional opportunity to view the area ..
Mr. Weist entered and took his place with the Commission.
Lentsch moved:
Brown seconded: The matter of the off-street parking lot for New Englewood, Ltd.,
be raised from the Table.
AYES:
NAYS:
Wade; Weist; Brown; Jones; Jorgenson; Martin; Smith; Tanguma
None
The motion carried.
Mr. Supinger referred to copies of a letter from Mr. James Moorman of New En g lewood, Ltd.,
dated December 27, 1974, which letter states there are approximately 2,200 regular employees
of the Center, and approximately 900 additional employees during the Christmas season. Mr.
Supinger then referred to a memorandum from Parks Director Romans, dated December 30, 1974,
which memo set forth the history of attempts by the Parks & Recreation Department and Com-
mission to obtain the subject property as a part of and addition to Dartmouth Park. Mr.
Supinger noted that Mr, Romans of the Parks & Recreation Department, and Mr. Sagrillo, City
Engineer, were in attendance. Mr •. Supinger also noted that Messrs. Marriott and Zambelli
were present representing New Englewood, Ltd., and to answer any questions the Commission
might have.
Mr. Martin stated that he had received the following letter from Mr. Von Frellick:
"December 31, 1974
Mr. Arthur L. Martin, Jr.
Chairman
Englewood Planning Commission
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Mr. Martin:
Re: Approval of Cinderella City
Parking Lot Expansion
Thank you for your consideration of our requested approval by the Englewood Planning Com-
mission of our plans for expansion of Cinderella City parking areas.
We have now confirmed that in the last few days of the congressional session, implementation
of the environmental protective agency regulations was delayed for six months. You were
correct that no special meeting of the Planning Commission was necessary before the end of
1974.
The congested parking and traffic during the past Christmas season demonstrates the urgency
for providing additional employee parking, if the City of Englewood is to continue to receive
maximum sales tax benefits.
For a number of years, we have been paying taxes and interest carrying charges exceeding
$60,000 annually on this property to have it available for employee parking at this time
when it is needed. The appraised value on this property exceeds $5.00 per square foot.
Page 1722
Since there is so much land available to Englewood at much less expense for park purposes,
we will appreciate the Planning Commission appr.oving the plans for this land adjacent to
Cinderella City for parking purposes.
If there is any further information required of us, or any way we can be of ~urther assistance,
please advise.
GVF:gk
cc: T. Merriott
D. Zambelli
J. Moorman"
Sincerely yours,
s / Gerry Von Frellick
Gerri Von Frellick
Mr. Martin stated that following a conversation he had with a representative of the EPA, he had
discussions with Mr. Von Frellick, and indicated that the EPA regulattons would not apply
to a parking facility of the size and type proposed, and there was no urgency for a special
meeting prior to this meeting this evening.
Mr. Merriott, President of New Englewood, stated they have furnished the information requested
by Mr. Supinger relative to the volume of employees: 2,200 constant, and 900 additional
temporary employees during the Christmas season. Mr. Merriott stated that he did not know
of any additional information they were asked to furnish.
Mr. Lentsch asked about policing of the lots and enforcement of the parking plan? Mr.
Merriott stated that the right of enforcement is within the provisions of the lease agree-
ments between New Englewood and the tenants, and the individual stores will .cause compliance
with the parking plan.
Mr. Lentsch asked about the screening provisions? Mr. Merriott stated that he understood
Mr. Supinger had recommended the planting of trees along the property .lines that must be
screened, and he felt New Englewood would be "most amenable" to this.
Mr. Tanguma referred to the existing fenced parking lot; he stated he has been to the site .
four or five times, in the past month, and this parking lot has not been filled at any time.
He asked why New Englewood, Ltd., wanted the additional parking lot when the existing lot
is not filled?
Mr. Zambelli, General Manager of the Shopping Center, stated that the existing fenced
parking area is not filled because the employee parking plan is not enforced at this time.
Mr. Zambelli stated that the additional lot is necessary to provide sufficient parking
area for employees when the parking plan is in force. Mr. Zambelli stated that 2 /3 to 3 /4
of all employees in the Center work in the larger department stores, and the existing lot
and proposed lot will be designated for the use of these employees. Mr. Zambelli stated
that the administration of the department stores are willing to make every effort to en-
force the parking plan.
Mr. Tanguma asked if there were plans for shoring up the creek bank? Mr. Merriott stated
that . \!adequate measures will be taken to control erosion."
Mr .. Martin asked how many parking spaces are in the existing fenced lot? Mr. Merriott
stated there were 450 parking spaces.
Mr. Martin asked if New Englewood, Ltd., is the owner of the land on which the proposed
parking lot will be located? Mr. Merriott stated that Von Frellick Associates is the
general owner of the property; New Englewood, Ltd., has a lease agreement with Von Frellick
Associates on the property. The property for the .existing parking lot is owned by the
1075 Company, and New Englewood, Ltd. has a long-term lease on the land. Mr. Merriott
stated that the 1075 Company is not affiliated with Von Frellick Associates; he stated he
thought the 1075 Company is a Corporation, but he is not sure of the names of the principals.
Mr. Martin asked who was responsible for maintenance on the existing parking area? Mr.
Merriott stated that New Englewood, Ltd. is responsible for the maintenance, as they will be
on the proposed parking lot.
Mr. Jones asked if it is still the plan to not have access onto Eastman Avenue? Mr. Supinger
pointed out that it is a staff suggestion there be no access to and from Eastman Avenue.
Mr. Merriott stated that New Englewood, Ltd. has concurred with this suggestion, and will
install crash gates for emergency use; there will be no general open access to and from
Eastman A venue.
Mr. Supinger stated it was the staff opinion the Planning Commission should approve the
parking lot with whatever conditions they feel should be applied. It would be the depart-
ment's duty to see the conditions are enforced.
Mr. Smith noted that he had understood there was to be a guard at the entrance of the parking
area? Mr. Merriott stated that was correct. Mr. Smith stated he was concerned about
employees who might have to walk to and from their places of employment. Mr. Merriott stated
the shuttle bus proposed to bring employees to and from the parking lot will run approxi-
mately 1 hour prior to and 1 hour after the normal store hours of the major department stores.
Mr. Tanguma asked who owned the homes on the west side of South Huron Street? Mr. Supinger
stated there were multiple ownerships in that area. Mr. Tanguma asked what the long-range
plans were for this area; he noted the land proposed for parking lot will be too expensive
to use for parking in a few years. Discussion followed.
Mr. Brown asked Mr. Merriott if New Englewood personnel felt that by adding the proposed
parking lot there would be sufficient parking spaces to enforce the employee parking plan?
Mr. Merriott stated that the proposed lot and the existing fenced lot will not provide
sufficient parking for all · the employees of the Center; but they will provide sufficient
spaces for employees for the larger department stores. Mr. Merriott pointed out that the
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larger department stores are "pivotal" in enforcement of the parking plan. The balance of
the employee parking areas will be designated in the more remote parts of the shopping
center site itself.
Mr. Brown then asked about persons who park their cars in the shopping center and take the
bus downtown, leaving the cars all day. He noted that he had seen a brochure designating
Cinderella City as a parking area for persons who don't wish to drive downtown but prefer
to use the bus. Mr. Zambelli stated there are some persons who do leave their cars in the
parking lot all day, but he estimates this is under 30 cars per day, and it is not a problem.
Further discussion followed.
Mr. Zambelli noted that the employee parking plan covers all 2,200 full-time employees,
plus the additional temporary employees during the holiday season. Mr. Zambelli stated that
because of the distribution of employees throughout the center, it is advantageous to have
the employees of the larger department stores park in the existing and proposed lot and
provide a tram service for them. The remainder of the employees will be assigned to designated
employee parking spaces throughout the Center. He pointed out that a program has also been
devised whereby every employee automobile will be "stickered", and it can easily be deter-
mined whether or not all employees are using the designated employee parking areas. Mr.
Zambelli pointed out that it will require several months to get the program properly
functioning.
The security of employee vehicles was then discussed. Mr. Merriott stated that there would
be a guard circulating through the employee lots. Mrs. Wade asked about security for employee -
automobiles parked throughout the center itself. Mr . Merriott stated he felt it would be
easier to control security of employee vehicles if they we~e to be concentrated in designated
areas rather than throughout the Center.
Mr. Jones asked if there were some spaces within the three-hour restricted parking that are
designated for employee parking? Mr. Jones stated he understood there were areas in the
Center site itself which were designated for employee parking, yet there is a three-hour
restriction on the spaces, and asked if there would be a conflict with the lease? Mr. Lee
stated it would depend on the provisions within the lease. Discussion followed. Mr.
Supinger stated he had not seen parking plans for the entire shopping center regarding
which areas were designated for public and employee parking. Mr. Supinger noted that the
three-hour restrictions on parking areas do apply to everyone who parks in those spaces;
likewise, the public parking areas cannot be restricted for employees, but must be open to
everyone. Maps of the shopping center and the areas designated for public parking and areas
designated as three-hour restricted parking were displayed. Mr. Merriott noted that employee
parking and public parking areas are on the "outlying areas" of the upper level of the
shopping center, and on the lower level. Further discussion ensued.
Mr. Packy Romans, Director of Parks & Recreation, stated he felt the Commission has been
given all the information on the attempts to purchase this site for additional park land.
Mr. Romans stated that the Parks & Recreation Department and Commission feel this area is
very important to the future development of Dartmouth Park. Mr. Romans made the following
points:
1. This piece of land was originally considered in the land for park development to replace
the former park site, which is now the site of the Cinderella City Shopping Center.
However, City Council did not feel they could purchase the land at that time. Mr.
Romans stated that he spoke to many groups at the time of the sale of the former City
Park and assured citizens that the Dartmouth Park site would be 11 acres, and would in-
clude .this site under consideration for a parking lot.
2. The site is ideally located for an extension of the existing park; it could be developed
with tennis courts, a swimming pool, and handball courts.
3. There is a very real need for the additional park Land; Dartmouth Park is used extensively
and needs to be enlarged. Mr. Romans stated that if this four acres under consideration
is "lost" as a parking lot, it would never be replaced as possible park land. Mr. Romans
stated he felt another recommendation would be forthcoming from the Parks Commission re-
garding this site.
Mr. Jones noted that the Rouse property is not part of the proposed parking lot. He asked
if an attempt should be made at this time to obtain the Rouse property for an addition to
Dartmouth Park? Mr. Romans atated that this particular piece of property would be large
enough by itself to consider as an addition to Dartmouth Park; it would accommodate a small
pool and picnic areas.
Mr. Jones then inquired on the matter Qf drainage of the proposed parking area? Mr. Sagrillo,
City Engineer, stated that at this time the Public Works Department feels the drainage plan
that the applicant bas presented is sufficient.
Mr. Martin asked if staff thought Mr. Von Frellick might be willing to come to terms with
the City of Englewood on the possible sale of the property? Mr. Romans stated that Mr. Von
Frellick had called him earlier in the ~ay and had indicated that he would be willing to
sell the property, but that "we will have to pay the price for it." Mr. Romans stated that
he felt the parking areas should be closer to the shopping center itself, and suggested that
possibly the houses along Huron could be removed for a parking area.
Mr. Martin stated it appears that it is Council that is unwilling to go forward on the pur-
chase of the land. As far as the Planning Commission is concerned, the proposed parking
plan is in conformance with the Comprehensive Zoning Ordinance, and they have no alternative
but to approve the request. The purchase of the property is up to Council determination.
Mr. Romans stated that he thought the responsibility of the Commission laid with the physical
development of the City, and that it might be within the prerogative of this Commission to
recommend that the subject land be purchased for park purposes.
Mr. Lentsch pointed out that more than a month has elapsed since the December 3, 1974,
meeting at which this matter was initially considered; the Parks & Recreation Department
and Commission knew at that time of the proposal and of the concern of the Planning Com-
mission, yet no representative of the Parks & Recreation Commission or Department bas,
apparently , appeared before Council to this time. He felt some effort should have been
Page 1724
expended on the part of the Parks & Recreation Department before this date. Mr. Lentsch noted
that there is a legitimate request before the Planning Commission, and that he could not
vote against approval of the parking plan based on the information given by Mr. Romans this
evening.
Mr. Romans stated he felt the application could be approved; the approval doesn't necessarily
mean the end of attempts to procure the land for park purposes. Mr. Romans stated that previous
City Councils have failed to appropriate funds for purchase, and he does not know how the
present City Council will react to a request for land acquisition.
Mr. Martin asked why the City Council had declined to go ahead with the appraisal of the
property in March, 1974? Mr. Brown stated that, as he recalled, there were so many pro-
jects under-way at that time --golf course, storm drainage, etc. --that it just was not
worked into a priority list.
Mr. Lentsch asked if it would be possible to add another $1,000,000 in next year's budget
for the purchase of this land? Mr. Jones stated he did not think it would be possible to
add the $1,000,000; but it might be possible to work out an option-purchase agreement that
would extend into 1976. Mr. Jones stated that the Council had, on January 6, 1975, in-
structed the City Attorney to proceed with land acquisition for the golf course.
Mr. Jones asked if he was correct in recalling that if the traffic circulation of the proposed
parking lot is proper for safety, and the drainage plan is adequate, the Commission could
be expected to approve the plan? Mr. Lee pointed out that the only reason the request is
before the Commission is that the lot is proposed for more than 50 parking spaces; it is· a
permitted use in this zone district.
Brown moved:
Lentsch seconded: The Planning Commission approve the 350 space off-street parking plan
as proposed by New Englewood, Ltd., for the following reasons:
1. Vehicular access to the proposed lot shall be from the south
through the existing parking lot or from the north off of West
Dartmouth Avenue. A crash gate shall be installed on the east
side of the lot for emergency service entrance and a pedestrian
entrance may be permitted on the east side.
Because both West Eastman Avenue and South Huron Street dead-end
at their intersection, those streets carry primarily local traffic,
servicing the adjacent residential neighborhood and providing
secondary access to Dartmouth Park. The traffic generated by a
parking lot of this size would have a detrimental effect upon
the residential area, causing increased noise and fumes and
creating a hazard to the families in the area.
2. In an effort to provide screening of the parking lot from Dartmouth
Park and the residences to the southeast and south, landscaping shall
be provided. The landscaping shall extend the entire length of the
eastern boundary of the parking lot, and along the south boundary
of the parking lot where it adjoins residenti~l property. The land-
scaping shall be planted and henceforth maintained in a he~lthy,
growing condition. The spacing of trees and shrubs shall not be
more than fifteen feet apart measured from the trunks. Trees shall
be not less than four feet in height at the time of planting.
3. The drainage for the site and the surfacing of the lot shall be ap-
proved by the Department of Public Works and the applicant shall
comply with all applicable City ordinances in the development of
the parking lot.
AYES:
NAYS:
Tanguma; Wade; Weist; Brown; Jones; Jorgenson; Lentsch;Martin; Smith
None
The motion carried.
Tanguma moved: The Planning Commission recommend to City Council that every effort be
made to obtain the subject site for park land. It is also recommended
that all parking spaces on the Cinderella City site be designated as
three-hour parking.
There was no second to the motion; motion declared dead.
Wade moved: The Planning Commission recommend to City Council that the City do
all possible to come to an agreement with Von Frellick Associates to
obtain this parking lot for park faciLities.
There was no second to the motion; motion declared dead.
IV. OFF-STREET PARKING
Industrial Area
CASE #1-75
Mr. Supinger stated that City Council has requested the Planning Commission review the off-
street parking standards as they pertain to industrial areas in light of the City Council
decision to approve a Chamber of Commerce recommendation regarding street widths. Council
also approved a "dropped curb section" so that individual curb cuts would not be necessary.
Mr. Supinger referred to proposed off-street parking standards which were initially prepared
in 1972, and suggested that possibly the Commission might want to look at the total off-
street parking situation at this time.
Discussion ensued. Mr. Supinger pointed out that any change in the off-street parking
standards would be an amendment to the Comprehensive Zoning Ordinance, and would have to
go through a Public Hearing before the Planning Commission, and before City Council.
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It was suggested that perhaps a study session could be held on January 14th at 7:30 p.m.
Discussion followed. It was then suggested that, inasmuch as there may be reappointments
or new appointments to the Planning Commission, it might be best to delay study sessions
and discussions on this matter until February 4th, or later. Discussion of the off-street
parking standards was tentatively set for February 4th, depending on the agenda for the
meeting.
V. DEMOLITION /MOVEMENT OF STRUCTURES
Proposed Ordinance
CASE #2-75
Mr. Supinger stated that he had been working on some new regulations which would modify
existing regulations regarding demolition and movement of structures in Englewood. Dis-
cussion followed.
Mr. Lentsch stated that he did not feel the proposed license fee was enough, and also
questioned the proposed insurance for property damage as being insufficient.
Mr. Supinger pointed out that the license fee covers only the license --services rendered
such as police escort, etc., are not covered by the license fee. Mr. Supinger also pointed
out that this is only a "proposed" ordinance, and that modifications can be made.
Further discussion followed. Mr. Brown stated that he had read the proposed Ordinance, and
would lik~ to see the staff give the Commission information on ordinances other municipalities
may have pertaining to this subject. Mr. Brown said he hated to have an ordinance that
might discourage the moving and demolition business in Englewood. It was his impression that
by the time compliance with the Ordinance was assured, it would be impossible to take the
job. Mr. Smith stated he had pretty much the same reaction in reading the proposed ordinance.
He suggested checking with Denver on the regulations they might have governing moving and
demolition. Mr. Supinger noted that the first draft of the proposed Ordinance was patterned
after Denver's Ordinance. Discussion followed. Mr. Supinger noted that another letter
could be sent to house movers in the metro area asking those that are concerned to meet
with the Planning Commission for discussion of the proposed ordinance. Mr. Martin suggested
the staff try to get as much information as possible, and approved the sending of a letter
to the house movers. Mr. Martin stated he felt that a study session could be held after
the Commission has the information they need.
Mr. Jones stated he felt there should be something done to ensure completion of a job and not
have houses left up on blocks for months at a time; Mr. Jones noted the problems of safety
and vandalism on such houses. Mr. Lentsch stated that at least one of the projects Mr.
Jones referred to is in court; the mover could not fulfill his obligation on the project.
Further brief discussion ensued.
Mr. Martin again referred to the suggested letter to be sent to house moyers, and suggested
that questions pertaining to insurance rates, etc., be asked in an effort to obtain some
additional information prior to setting a study session date.
VI. LOW-INCOME ELDERLY HOUSING
B-1 Zone District
CASE #4-75
Mr. Supinger noted that a referral from City Council to the Planning Commission regarding
creating a zone district for low-income elderly housing projects had been received. Mr.
Supinger stated that he feels the action taken by the Planning Commission was on a specific
project and there is no need to amend the Comprehensive Zoning Ordinance to create a specific
zone district. Mr. Supinger stated that the City will have so few of these developments he
did not feel it would be worthwhile use of Commission time or City Council time to draft
and approve amendments to the Comprehensive Zoning Ordinance.
Mr. Martin asked if the Council was thinking in terms of a geographical area to be designated
for low-income housing? Mr. Supinger stated it was his impression Council was discussing
amending a zone district to allow low-income elderly housing as a permitted use. Discussion
followed. Mr. Martin pointed out that by following the present procedure, each case would be
considered on its own merits. Discussion followed. Mr. Jones stated as he remembered the
reason for the referral was that the low-income elderly housing project was in a B-1 Zone,
and was approved as a similar use. Mr. Supinger stated he understood it was concern whether
the Commission had the authority to do what they did. He stated that the matter was checked
with the City Attorney and Assistant City Attorney, and they felt it was within the rights
of the Planning Commission to give such approval.
Mr. Jones stated he felt it was a matter of reaffirming the Commission's previous action;
that the Council could be notified that the matter was cleared with the Legal Department,
and the action is within the rights of the Commission, and the Commission is still recom-
mending the low-income elderly housing project be considered a permitted use in the B-1
Zone District at that location.
Mr. Martin suggested that the staff prepare a letter to City Council encompassing Mr. Jones'
comments, and emphasizing that the Commission feels, based on legal counsel, that the way the
request was handled is appropriate and feels there is no need for an additional zone classi-
fication.
VII. DIRECTOR'S CHOICE.
Mr. Supinger stated the staff is in receipt of a memorandum from City Manager Mccown in-
dicating it is Council preference that a study session with the Commission scheduled for
January 14th, 7:30 P.M., be postponed.
Mr. Supinger directed attention to a letter written to Mr. Keston of Larwin; Larwin .has
agreed to give to the City $12,000 for the undergrounding of utility lines at the E. P.
Romans Park.
Page 1726
Mr. Supinger stated that the Multi-family Development Standards Review Committee is pro-
gressing, and will soon make a recommendation to the Commission.
VIII. COMMISSION'S CHOICE.
Weist moved:
Smith seconded: The Planning Commission recommend to City Council they consider
purchase of land west of existing Dartmouth Park for park area.
This land is shown in the Comprehensive Plan as park area. The
Parks & Recreation Department and Commission has shown need for
expanded recreational facilities in this area.
Mr. Weist stated he realized the budgetary implications that have been pointed out; however,
the Commission must look at the overall picture and development of the City of Englewood,
and he feels it is reasonable that the Commission go on record as supporting the Comprehen-
sive Plan, which does show park development in the area west of existing Dartmouth Park.
Mr. Lentsch questioned the dating of this action; he noted he felt the Planning Commission
action should come after and support any recommendation on this matter from the Parks &
Recreation Commission. Mr. Jones agreed that the recommendation from the Planning Com-
mission should be coincidental with the recommendation from the Parks & Recreation Commission.
The vote was called:
AYES:
NAYS:
Lentsch; Martin; Smith; Tanguma; Wade; Weist; Brown; Jones; Jorgenson
None
The motion carried.
Mr. Martin asked about progress on the Mobile Home Park Ordinance? He was informed that
Assistant Director Romans has been working on this project.
Mr. Supinger noted that the Master Street Plan should also be considered by the Commission
again now that the information is in.
It was noted that Councilman Mann had joined the audience.
Mr. Jorgenson stated that some evening be and Councilman Jones would like to report on the
Planning Conference that was held in Boulder, Colorado, December 8, 9, and 10. He stated
there were a lot of good ideas advanced at this meeting.
Mr. Jones stated he felt some of the most important sessions dealt with supplemental
appropriations to H.B. 1041. He stated that new communities were considered, as well as
coal development, etc.
Mr. Jorgenson stated that oil shale development was also discussed; it will be about five
years before anything is done in this field. He stated it seemed to be a concensus of
the group that strip mining was not favorably regarded.
The meeting adjourned at 10:00 P. M.
Gertrude G. Welty
Recording Secretary
MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY
PLANNING AND ZONING COMMISSION.
DATE:
SUBJECT:
RECOMMENDATION:
Weist moved:
Smith seconded:
January 7, 1975
Purchase of Land Adjoining Dartmouth Park on the West.
The Planning Commission recommend to City Council they consider purchase
of land west of existing Dartmouth Park for park area. This land is
shown in the Comprehensive Plan as park area. The Parks & Recreation
Department and Commission has · shown need for expanded recreational
facilities in this area.
AYES:
NAYS:
Lentsch; Martin; Smith; Tanguma; Wade; Weist; Brown; Jones; Jorgenson
None
The motion carried.
Respectfully submitted,
By Order of the City Planning and Zoning Commission.
Gertrude G. Welty
Recording Secretary
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