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HomeMy WebLinkAbout1976-04-13 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION SPECIAL MEETING April 13, 1976 I. CALL TO ORDER. The special meeting of the City Planning and Zoning Commission was called to order at 7:10 p.m . by Chairman Tanguma . Members present: D. Smith; E. Smith; Tanguma; Wade; Williams; Jones; Jorgenson Romans, Ex-officio Members absent: Parker; Pierson Also present: Associate Planner House Assistant City Attorney DeWitt II. NORTHWEST ENGLEWOOD REZONING R-1-C, Single-family Residence to R-2-C, Medium-Density Residence Jones moved: CASE #13-76 Ed Smith seconded: The Public Hearing on Case #13-76 be opened. AYES: D. Smith, E. Smith, Tanguma, Wade, Williams, Jones, Jorgenson NAYS: None ABSENT: Pierson, Parker The motion carried. Mr. Tanguma stated that the Public Hearing is officially opened; he stated that he would now like to determine those of the audience who wished to speak on the matter at hand. One person at this time indicated they wanted to speak on the matter of rezoning. Mr. Tanguma asked for a staff report from Mrs. Romans. Mrs. Romans stated that the Public Hearing this evening is concerned with rezoning of an area in Northwest Englewood that is zoned R-1-C, Single-family Residence, to R-2-C, Two-family Residence District. Mrs. Romans noted that the R-1-C District permits a single-family home on a minimum lot area of 6,000 sq. ft ., with a minimum floor area of 850 sq. ft. The R-2-C Zone District permits a single-family home on a minimum lot area of 6,000 sq. ft., and will also permit a two-family house on a minimum lot area of 6,000 sq . ft. ; the single-family home must have a minimum floor area of 850 sq. ft., and the two-family home square footage is based on the number of bedrooms. A one- bedroom, two-family structure must have 650 sq. ft. per unit; two bedroom -750 sq. ft. per unit; three bedroom -950 sq. ft. • -2- per unit, and for each additional bedroom, an additional 110 sq. ft. per unit is required . Notice of the Public Hearing did appear i n the Englewood Herald Sentinel, and the property was posted as required. Mrs. Romans presented the certification of posting to the Secretary for the file. Mrs. Romans stated that the subject area is bounded on the north by the extended centerline of the West Evans Avenue/West Adriatic Avenue alley, on the east by the centerline of South Tejon Street, on the south by the rear lot lines of Lots 1-19, Block 13, Southlawn Gardens, and on the west by the centerline of South Zuni Street. There is B-2 zoning along Evans Avenue and industrial zoning to both the east and to the south of the subject area. There is residential zoning to the west of South Zuni Street, which area is in Denver. The subject area was annexed to the City of Englewood by Ordinance #23, Series of 1957; following meetings with resi- dents and property owners of the area, it was zoned R-1-D, Single-family, in 1958. The R-1-D District was repealed in 1963 with the adoption of the 1963 edition of the Comprehensive Zoning Ordinance, and the area was designated R-1-C, also a single-family zone classification. In 1968, petitions were circulated within this same area by some of the property owners asking for an R-2-B, Two-family Residence, Zone District. Some residents and property owners were hesitant to support the requested R-2-B' because of the small floor area permitted in each unit, and covenants were suggested that would have re- quired a minimum floor area of 720 sq. ft. in each unit. In 1974,.Mr. Mock submitted an application for a two-block area requesting an R-2-B Zone District. Three people spoke in op- position at the Public Hearing; Mr. Mock withdrew his applica- tion, and the Commission indicated that he could reapply at a later time and the application fee would be waived. According to the Land Use Maps of the area, there are 167 homes in the area now; there could be an additional 68 building sites, were the owners to develop the land. A greenbelt/drainage way has been developed on the extreme south end of the area by the City; seven homes were removed from this area during the period of construction. With the development of the park, drainage problems were solved, and a park was made available to the residents. The cities of Englewood and Denver have coordinated their plans in this area and the park area extends across South Zuni Street into Denver on the west. The former Scenic View Elementary School was located north of Baltic Avenue between Raritan and Pecos in the industrial area. The school was in three different buildings, one of which was a "temporary" barracks building, and the children had to cross unpaved industrial streets going to and from school. The area was not a good lo- cation for a school. The new Scenic View Elementary School was built on Baker Avenue in the residential area, and was opened in the fall of 1971. The enrollment in the school has decreased by 43%, and the School Board indicated that because -3- the school population had decreased by such a percentage, they would have to close the school and bus the children to another school within the School District. This proposal created con- cern ~n the part of the parents in this neighborhood, and with the city staff. Mrs. Romans stated that there have been several meetings with members of the School Board, City Council, Planning Conunission and residents of the area. Following these meetings, the Northwest Englewood Action Conunittee asked the City if they would assist in their effort to encourage develop- ment in the area in order that the School Board would keep the school open. The City Council referred the matter to the Planning Commission and asked the Commission to make a study as to whether or not it would be warranted to consider rezoning to a higher density. The City has initiated the rezoning from R-1-C to R-2-C, and the School Board stated that the school would remain open during the 1976-1977 school year. Mrs. Romans noted that the 1960 Census indicated 4.23 persons per household in this area; the 1970 Census indicated 3.50 persons per household in this same area. The staff reconunends approval of the rezoning as noted in the staff report submitted to the Conunission. Mr. Tanguma asked that proponents of the rezoning now speak. Mrs. Betty Johnson 2380 West Baltic Avenue -stated she is Chairman of the Action Group; the reason they have asked for the rezoning is to try to keep the school in this neighbor- hood. They feel the rezoning is a plan which will assist them in getting new houses in the area which will bring more children into the sc1hool and, hopefully, this will enable them to keep the school. Mrs. Johnson stated that she feels the rezoning will be beneficial for the area in terms of trying to build the area up; she stated she felt it would be beneficial to the City of Englewood as a whole, also. Mrs. Johnson stated that petitions were circulated in the area asking the City to initiate the rezoning; 70 signatures were collected, and she stated she feels this is an indication that a considerable number of people are in favor of the rezoning. Mrs. Johnson stated she felt the rezoning is needed very badly, and urged 1he Commission to approve the rezoning request. Mr. Don Smith asked what percentage of people refused to sign the petitions for the rezoning during the time they were circula- ted? Mrs. Johnson stated that as she recalled on the petition she circulated, there were only two persons out of those she contacted who did not sign --one was not a property owner, and the other person felt the development of the area would have repercussions on his business . Mrs. Johnson stated that as she recalled, she did collect approximately 12 signatures, and encountered no strong opposition. Mr. Smith noted that the recent concern in the neighborhood seemed to have had a beneficial effect on the residents of the area; he asked Mrs. Johnson if she thought this spirit of cooperation would continue. Mrs. Johnson stated that concern over the school issue did seem to -4- draw the people together, and that she would hope the concern for the neighborhood would continue. Mr. Herb Mosbarger 2250 West Wesley -stated he was very much in favor of the R-2-C zoning; he stated that he feels this is the only way any building can be done in that neighborhood. Mr. Mosbarger stated it is not possible to build a single-family house and sell it as a low-income home. He emphasized that the R-2-C Zone District is the only way new construction can take place in this neighborhood . Mr. Mosbarger stated that he has talked to contractors who are willing to build as soon as the area is rezoned. Mr. Mosbarger noted there are presently approxi- mately 68 vacant lots that would be a good start in redevelop- ment of the area if the property owners would want to develop these lots. Mr. Mosbarger stated that the neighborhood needs to keep the school, and he feels the R-2-C zoning is one of the best ways of doing it. Mr. Jones asked if Mr. Mosbarger felt it would be possible to get dedications to open additional streets? Mr. Mosbarger stated that in some instances, he felt the only thing to do was to put in cul-de-sacs, or condemn for street purposes. He stated that this is a problem. Mr. Tanguma asked if anyone else wished to speak in favor of the proposal? No one spoke. Mr. Tanguma then asked for persons to speak in opposition. Mrs. Vardeman 2073 West Baker -stated that her intent in purchasing land in this area was the advantage of the large lots for the kids to play in --they didn't have to play in someone else's yard or in the street. Mrs. Vardeman stated she wanted t o keep it that way. She stated there are enough lots that could be built on without rezoning for duplexes. Mrs. Vardeman stated that what is needed is "for somebody to be able to tell the banks to open up and give them the money to build." Mrs. Vardeman stated that she knew of several people who have tried to borrow money to build or improve their property, but when the banks find out the area involved, the loans are refused. Mrs. Vardeman stated that she dtd not feel rezoning to allow duplexes is the answer for this area . Mr. Ed Smith asked Mrs. Vardeman if she had any children in the Scenic View Elementary School? Mrs. v ~rdeman stated that she had five children who had gone through school in Scenic View. Mrs. Vardeman stated that she wants to keep the school, and pointed out that residents of the area were promised a new school five or ten years before they got it --when it was promised to them, there was sufficient school population to warrant the new school. Mrs. Vardeman noted that "kids don't stay babies", but grow up and move away. The parents don't want to sell their homes and move somewhere else. Mrs. Vardeman stated that those who bought 1/2 acre sites should not be forced into a duplex. Mrs . Vardeman stated she didn't want to see -5- duplexes in this area, and again emphasized that if someone from City Council would go to the Banks and Public Service Company to make the money and gas taps available, the property owners could build. Mrs. Vardeman stated that if no more gas taps are available, as she has been informed, what is the use of rezoning it for higher density? Don Smith stated he understood there are about 50 taps available at the present time for this area. He noted that the proposed R-2-C is in compliance with the Comprehensive Plan, which pro- jects a medium density development for this area. Mr. Smith asked Mrs. Vardeman if she was concerned that the area would become "instant duplexes?" Mrso Vardeman pointed out that Mr. Mosbarger had stated he has talked to contractors who are prepared to build once the area is rezoned. Mr o Smith asked Mrs. Vardeman if she had attended the meetings on the proposal? Mrs. Vardeman stated that she had attended the meetings that were held at the school. Mr. Jorgenson asked what Mrs. Vardeman's objection was to a duplex? Mrs. Vardeman stated she wanted open space between she and her neighbor. Mr. Tanguma asked if anyone else wished to speak in opposition? No one indicated a desire to speak. Mrs. Romans stated that as a point of clarification: in the single-family zone district, which is applied to this area to- day, a minimum setback of 10 ft. total is required, with a minimum of three ft. side-yard setback; the R-2-C would re- quire a minimum of 14 ft. setback, or a side setback of five ft. minimum. Jones moved: Jorgenson seconded: The Public Hearing on Case #13-76 be closed. AYES: D. Smith, E. Smith, Tanguma, Wade, Williams, Jones, Jorgenson NAYS: None ABSENT: Parker, Pierson The motion carried. Mrs. Wade asked what the present enrollment in the school is? Don Smith stated that it is 66 or 68 students, and the school was constructed to accommodate 125 pupils. Don Smith moved: Jones seconded: The Planning Commission recommend to City Council approval of the rezoning from R-1-C, Single-family Residence, to R-2-C, Medium Density Residence, of the following described area: -6- Beginning at a point 194.94 ft. south of the NW of the SW 1 /2 .NW l /·4 Section 28 , T 4 S .• corner and on the wes t lillc of .. d S . ' R 68 W of the 6th p M b . 8a1 ect1on 28 said · t 1 · • eing the inter&ection cf t 1 . ' po1n a so 14, Evans Park Estates > cen _er ine of the N 1 /2 of Block Zuni Street · thence ~ou~~te~ded, and the centerline of South Street and ~aid west line afo~g t~e centerline of South Zuni feet more or less, to the ooin ~ct:o~ 28, a d~stan~e of 3247.16 extended from the south 1 ii· o ~nter sect1on with a line Southlawn Gardens· thenceo ~ne~ o Lots 1 -19, Block 13, a distance of 131S 7 f t eas a ong s aid lot l ines extended section with the c~nte;~in:or~ ~r tlhess ~o the point of inter- north alon ~ ·d . 0 ou TeJon Street; thence g sa1 centerline a distance of 3241 45 f t or less to the point of inter. t. . • ee more line of the alley in Bl k 93sec io~ with ~he extended center- thence west a distance ~~ 131 4 ~~e~idan Heights Subdivision; point of beginninr A . • eet more or less to the the City of Engie:~od l !r~! ~he ~for:said tract lies within 97.995 acres more or fess. a 00 oun Y, Colorado and contains The recommendation is based on the following findings: 1. Such a rezoning would be in keeping with the Comprehensive Plan. The Generalized Land Use section of the Comprehen- sive Plan projects the future development of this area as residential at a medium density. The rezoning to R-2-C would permit the projected medium density residential development. 2. The increased industrial development in the adjacent areas to the . east and south, have changed the character of the area to the extent that development at the density permitted by the R-2-C, Medium Density Zone District, would be of benefit to the public . 3. The slight increase in density that could occur under the proposed zone classification could be accommodated by those public facilities most directly effected: the school system, police and fire services, and utilities. 4, In a time when growth on the periphery of a large metro- politan area is becoming unworkable and wasteful, placing an undue burden on over-extended services and facilities needed to accommodate 'that growth, an opportunity to ::cc ommo- date some of the growth in or near the core of the metro- politan area should be encouraged. The site of the rezoning is situated where services and facilities are already existing, and it is well within the metropolitan area. AYES: Jorgenson, D. Smith, E. Smith, Tanguma, Wade, Williams, Jones NAYS: None ABSENT: Parker, Pierson The motion carried. -7- Mr. Don Smith stated that in view of some 77 signatures on petitions which were submitted to City Council asking for the rezoning, and in view of the discussion at the many meetings he had attended, he feels the majority of the people in this area are in favor of the rezoning. During the turmoil of the school being threatened, the neighborhood seems to be willing to work to develop this area. He stated in his opinion, even if some duplexes were to be constructed, the area would retain its single-family character. He stated it seemed to be the desire of the residents of the area that the rezoning occur, and it was on their request to City Council that the matter was initiated. Mrs. Romans pointed out that this matter will be forwarded to City Council, who will then hold a Public Hearing on the rezoning. The property will be posted again, and a public notice will be in the Englewood Herald . Mrs. Romans pointed out that the Hearing before City Council will probably not be until early June, and that persons residing in the neighborhood will have another oppoertunity to voice their opinion on this matter. Mrs. Vardeman stated that the time given on tre signs was for 7:30 p.m.; she stated she arrived shortly before 7:30 p.m. and the Hearing was in progress. Mrs. Romans referred to the certification of posting, which has a picture of each sign that was posted; 7:00 p.m. is listed as the meeting time on the signs, and the Public Notice published in the paper did say 7:00 p.m. also. Mr. House, Associate Planner, stated that to the best of his knowledge, every sign in the area gave 7:00 p.m. as the meeting time. Mrs. Vardeman stated that the sign posted by the school stated 7:30 p.m. was the meeting time. A magnifying glass was used to verify the meeting time on the sign; Mr. Don Smith stated that the picture indicates a 7:00 p.m. meeting time on the sign . The Special Meeting was adjourned. A recess of the Commission was called. The session reconvened with the following members present: Williams, Jorgenson, Jones, D. Smith, E. Smith, Tanguma, Wade. Members absent: Parker, Pierson. Mrs. Romans stated that at the meeting on April 6th, the Com- mission considered a Planned Development which was submitted by Mr. William Harvey for a medical complex in the 3500 block between South Clarkson and South Washington Streets. An alley was vacated in this block several years ago, and a utility easement was retained by the City. Utilities Director Carroll sent a memorandum to Mrs. Romans on April 6th, suggesting that the matter of encroachment by one of the structures in the complex into the utility easement should be referred to the Water and Sewer Board. Mrs. Romans noted that the memorandum had been received in her office so late in the day that there was not sufficient time to determine why the matter should be referred to the Water and Sewer Board, prior to the meeting of the Commission that evening. The Commission, in recommending -8- approval of the Plaza de Medico PD, made reference to Mr. Carroll's memorandum. The following day, the matter was dis- cussed with Mr. Carroll, and he indicated that possibly the initial ITEmorandum was in error, and the matter should be approved by the City Council. The situation was also discussed with City Attorney Berardini and Assistant City Attorney DeWitt. In these discussions, it was determined that the Water Board should review encroachments on the City Ditch and easements which run to the Water Board, but that it is sufficient for the City Council to approve the encroachment in this particular case. The Utilities Department's interest is protected because the applicant will not receive sewer service unless steps are taken to encase the sewer line existing in the easement to the Departments' specifications, or to relocate the line outside the present easement and grant a new easement. Mrs. Romans stated that Utilities Director Carroll had submitted a new memorandum dated April 13th, which states that he does feel, upon reflection, that the encroachment into the easement must be approved by the City Council, but not necessarily by the Water Board. Mrs. Romans stated she felt the matter should be clarified before the recommendation is sent to the City Council. Mrs. Romans suggested that possibly reference to a memorandum from Mr. Carroll could be eliminated from the motion. Dis- cussion followed. Don Smith moved: Jones seconded: The Planning Commission reconsider the wording of the motion made April 6th recommending to City Council approval of the Plaza de Medico PD. AYES: Wade, Williams, Jones, Jorgenson, Don Smith, Ed Smith, Tanguma NAYS: None ABSENT: Parker, Pierson The motion carried. Jones moved : Williams seconded: The last paragraph of Page 5 of the Minutes of April 6, 1976, which paragraph makes reference to a memorandum from Mr. Carroll, be deleted. AYES: Tanguma, Wade, Williams, Jones, Jorgenson, Don Smith, Ed Smith NAYS: None ABSENT: Parker, Pierson The motion carried. Mr. Tanguma noted that Mrs. Betty Johnson had suggested if the Commission went on a tour of the City shortly, she would be happy to have coffee and donu~s for the members if they wanted to stop by her house. Members of the Commission felt that a tour is in order, and after discussion set a tour date for May 8th. Mro Jones discussed the matter of street openings and extensions in Northwest Englewood. Mr. Jones stated that • -9- he had discussed the matter with Mr. Mock, a resident of the northwest Englewood area, very briefly following the Public Hearing. Mr. Jones stated that he is of the opinion that opening streets up in that area is a necessity to further the development and redevelopment of the land. It was noted that Commission members would meet at General Iron at 5:00 p.m., April 20th, to review the street vacation request, and would go into the regular meeting at 7:00 p.m. The meeting adjourned at 8:25 p.m. .· • e -10- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: April 13, 1976 SUBJECT: RECOMMENDATION: Don Smith moved: Recommended Approval of Rezoning in Northwest Englewood -R-1-C to R-2-C. Jones seconded: The Planning Commission recommend to City Council approval of the rezoning from R-1-C, Single-family Residence, to R-2-C, Medium Density Residence, of the following described area: Beginning at a point 194.94 ft. south of the N.W. corner of the SW 1/2 NW 1/4 Section 28, T 4 S, R 68 W of the 6th P. M. and on the west line of said Section 28, said point also being the iµtersection of centerline of the N 1/2 of Block 14, Evans Park Estates extended, and the centerline of South Zuni Street; thence south along the centerline of South Zuni Street and said west line of Section 28, a distance of 3247.16 feet more or less, to the point of intersection with a line extended from the south lot lines of Lots 1 -19, Block 13, Southlawn Gardens; thence east along said lot lines extended a distance of 1316.7 feet more or less to the point of intersection with the center- li:re of South Tejon Street; thence north along said centerline a distance of 3241.45 feet more or less to the point of inter- section with the extended centerline of the alley in Block 93, Sheridan Heights Subdivision; thence west a distance of 1314.78 feet more or less to the point of beginning. All of the afore- said tract lies within the City of Englewood, Arapahoe County, Colorado and contains 97.995 acres more or less. The recommendation is based on the following findings: 1. Such a rezoning would be in keeping with the Comprehensive Plan. The Generalized Land Use section of the Comprehen- sive Plan projects the future development of this area as residential at a medium density. The rezoning to R-2-C could permit the projected medium density residential development. 2. The increased industrial development in the adjacent areas to the east and south, have changed the character of the area to the extent that development at the density permitted by the R-2-C, Medium Density Zone District, would be of benefit to the public. 3. The slight increase in density that could occur under the proposed zone classification could be accommodated by those public facilities most directly effected: the school system, police and fire services, and utilities. 4. In a time when growth on the periphery of a large metro- politan area is becoming unworkable and wasteful, placing an undue burden on over-extended services and facilities needed to accommodate that growth, an opportunity to accommo- date some of the growth in or near the core of the metro- politan area should be encouraged. The site of the rezoning is situated Where services and facilities are already existing, and it is well within the metropolitan area. AYES: Jorgenson, D. Smith , E. Smith, Tanguma, Wade, Williams, Jones NAYS: None ABSENT: Parker, Pierson The motion carried. By Order of the City Planning and Zoning Commission. Gertrude G . Welty ./Recording Secretary •/