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HomeMy WebLinkAbout1978-05-16 PZC MINUTES... CITY OF ENGLEWOOD PLANNING AND ZON I NG COMMISSION May 16, 1978 Io CALL TO ORDER. The regular meeting of the City Planni ng and Zoning Commission was called to order at 7:00 P.M. by Ch a irman Owens. Members present: Draper, Lathrop, McCl intock, Owens, Parker, Pierson, Smith, Tanguma Wanush, Ex-officio Members absent: Williams Also present: Assistant Director Roma ns ; Associate Planner Steve House II. APPROVAL OF MINUTES. Chairman Owens stated that the Minutes o f April 18, 1978, a n d May 3, 1978, were to be considered for a p p r ovalo Lathrop moved: Tanguma seconded: The Minutes of April 18, 1978, be approved as written. AYE S : Draper, Lathrop, McClintock, Owens, Smith, Tanguma NAYS: None ABSTAIN: Parker, Pierson ABSENT: Williams The motion carriedo Smith moved: ( Draper seconded: The Minutes of May 3, 1 978, be approved as written. AYES: Pierson, Smith, Tanguma, Draper, Ow e n s NAYS: None ABSTAIN: Parker, Lathrop, McClintock ABSENT: Williams The motion carried. III. ZONING DESI GNATION Santa Fe An n exation - North and South : I-1, Light Indust rial. CASE #4-78 Mr. Owens reviewed the procedure that wi ll be followed in the Public Hearing before the Planning Commission. Mr . Owe n s t hen asked for a motion to open the Public Heari ng. I -2- Pierson moved: Draper seconded: The Publ ic Hearing on Ca se #4-78 be opened. AYES: Tanguma, Draper, La throp , McClintock, Owens , Parker, Pierson, Smith NAYS: None ABSENT: Williams The motion carried. Mr. Smith stated that Mr. Mark Ha nne n, legal c ounsel f or the petitioners for annexat ion , is al so h is perso na l attorney . To avoid any possible con flict of interes t , he would excuse himself from the meeti ng a nd a ny cons ideration of th is zoning matter. Mr. Smith then le ft the meeting. Mr. Owens asked that the s taff present the repor t p ertaining to Case #4-78. Mr.-Steve House was sworn in, and testified that he i s the Associate Planner in the Departme nt o f Community Deve l opment. Mr. House testified that this zoning action is required by the Comprehensive Zoning Ordinance regulations, whi ch states that all property within th e City of Englewood shall be zoned. - Mr. House stated that the matter of annexation of the se properties is still under considera tion by the City Counc il, bu t the zoning process can begin with the Planning Commission before final determination is made on t he annexation. Mr. House testified t9 that the properties were po sted giving notice of the Public Hearing for a period of 15 days, and a Public Notic e was pub- lished in the Englewood He rald Sentinel a minimum of 15 days prior to the Hearing. Mr. House asked that the sta f f report which was sent to each of t he petitioners as we l l as to the Commission be entered into t he record of the Heari ng . There are two separate areas that are being considered for annexation; these are desig nated as Santa Fe Annexat ion North and Santa Fe Annexation Sou th. The parcels contained in the north annexation area compr ise a total of 3.3 acres, while the parcels of land containe d in the south annexatio n area comprise 24+ acres. There ar e three property owners who have petitioned for annexation i n the "north " area, and the owners of eight of the nine properties in th e "south" annexation area have petitioned for annexa tio n. Mr . Ho u se stated that the size of the parcels range from f i ve to 10 acres fo r the larger properties, down to approximately o ne acre on some of the smaller properties. The uses on these parcels are varied, and Mr. House cited a listing of the uses contained in the staff report. Mr. House sta ted that there are no hea vy in- dustrial uses in this are a, and the uses range fro m a single- family residential use to a medium-i n t e n sity ligh t manufacturing use. -3- Mr. House stated that these properties were included in an anne xation attempt in 1971, at which time the proposed annexa- tion would have encompassed 180 acr es . Problems arose with this annexation proposal, and it was not pursued. In 1973, there was again an attempt to annex this entire area; the anne xation by the City of Englewood was challenged in Court, and the annexation was declared inva lid. The staff is recommending that the a r ea encompassed in both the north and south annexations be classified as I-1, Light Industrial. Mr. House cited the fo l l owing reasons for the s taff recommendation: 1 . The location of the land and the existing development c onforms to the I-1, Light Industrial Zone classification, and would be an extension of the I-1 Zone classification which has been applied to lands within the Ci ty of Englewood, which lands are adjacent to the subject area o n the east and south . 2 . The proposed I-1 Zone District wi l l complement the Generalized Land Use Plan for the adjacent area s i n the City, as set forth in the 1969 Comprehensive Plan. 3 . Because of the proximity of existi ng industrial development, the railway lines and South Santa Fe Dr ive, the area does not lend itself to either commercial or residenti a l zoning and with the efforts to improve the quality of development in the South Platte River valley, uses of the intens ity of those permitted in the I-2, Heavy Industrial Zone Distr ict would not be desirable. 4 . Any vacant land within the subject area can be reasonably de v e loped under the provisions of th e I-1, Light Industrial Zone District. Mr. House stated that there would be tw o no n -co nforming resi- dential uses in this proposed I-1 area; h owever , if tbese . uni ts are occupied by a care-taker, the r es i dentia 1 use would be permitted as an accessory to the pri nciple use . Mr. House stated that there has been some discussi on concerning whether or not a fiber glass operation would be p ermitted in t h e I-1 Light Industrial District. The staff i s of the opi n ion that the use is compatible and is permitted in the I-1 Zone District. Mr . House pointed out that there are thr ee existing operations of a similar type in the I-1 Zone District. Mr. House stated that the storage of damaged vehicles h as also been a matter of discussion; two properties are presently used in this manner, and the staff will have to do further a nalysis to determine the exact nature of these uses. Mr. House pointed out that the I-1 Zone District was recently amended t o al l ow auto wr ecking as a Conditional Use, and if it is determined that these two properties are indeed used as auto wrecking yards, there should be no problem if they are brought into conformance with the Automobile Wrecking/Junk Yard Ordi n a nce. Mr. Draper inquired about the property ow n ed by a Mr . Coffelt, which appears to be a "peninsula"; he i nquired as to which -4- jurisdiction would control properties on either side of this land? Mr. House stated tha t Sheridan will have contro l of the land on either side of Mr. Coffelt's property. Mr. Owens asked which property that had been included i n the Englewood annexation petit i o n has now been petitioned f or annexation to Sheridan? Mr. Wanush stated tha t this property is that owned by Mr. Knoed ler, which was i ncluded with t he eight other properties in the Annexation South area . Mr. Wanush stated that he felt any determination the Comm ission may make on the zoning, should be made with the realiz ation that Mr. Knoedler's propert y may not be annexed to the City of Englewood. Mr. Parker asked if the An nexation North area had suff icient contiguity to comply with t he Annexation Act? Mr. House stated that the Annexation North are a does have l/6th contigu ity on the eastern border. Mr. Owens asked for the appl icant's statement. Mr. Mark Hannen Suite 900 333 West Hampden Avenue -wa s sworn in, and stated th a t he is re presenting the property owners who have petitioned for annexation to the City of Englewood . Mr. Hannen pointed out that Mr. Knoedler did not petition for annexation to the City, and that he does not repres e n t Mr. Knoedler. Mr. Hannen stated that during the last several months, these property owners have been discussing annexatio n to the City of Englewood; their int erest in annexation was p recipitated by a fire at the Greek Vill age restaurant; these property owners want fire protection, and lower fire insurance rates. These property owners filed petitions requesting annexation to the City of Englewood, and have the understanding that the y will be permitted to continue the ir existing businesses a s conforming uses. Mr. Hannen stated tha t the zoning in Arapahoe County has been B-4, Intensive Business , for 150 to 200 feet we s t of Santa Fe, and the back portion of the properties was zoned I-2, Heavy Industrial. Mr. Hannen pointed out that, in general, 1he land uses are light business and manufacturing . Mr. Hannen stated that Mrs. Royce has b een concerned about the u se of her land following annexation to the City of Englewood; h er property is used for fiberglass manuf acturing. The use is c onducted :in- side the building, and Mrs. Royce works very closely with the Handicaps, Inc., which is next door. Mr. Hannen note d that the I-1 Zone District specifical ly excludes the process o f "glass manufacturing". Mr. Hannen stated that Denv er has t a k en the position that fiber glass manufacturing is a form of g lass manu- facturing. Mrs. Royce is co ncerned that Eng lewood wi ll take a similar position to that of Denver, and that her busi ness will be a Non-conforming Use in t he I-1, Light Industrial District. Mr. Hannen stated that this matter has been discussed briefly with City Attorney Berardin i, but as yet he has not rendered a formal opinion. If his formal opinion is that fiber g lass manu- facturing is a part of the glass manufacturing busines s , and -5- is prohibited in the I-1 Zone District , Mrs. Royce would then r e quest an I-2, Heavy Industrial, Zon e classi f ication for her pro p ert y. Mr. Ha nnen noted that Mr. Tague has s tabled two horses on his property for some time, and wants to be able to continue to do so. Mro Hannen stated that he was a ware of the Englewood Or dinance pertaining to prohibition of certain animals, etc., and asked if there could be any assura nce given that Mr. Tague c o uld keep the two hor~es? He stated that if Mr. Tague can no t ke ep the animals, he would want t o withdraw from the an nexation petition. Mr . Owens asked if there were questions of Mr. Hannen from the Commission? Mr. McClintock asked if these property owners that have now p e ti t ioned Englewood for annexation were opposed to the annexa- tio n in the 1973 attempt? Mr. Hannen stated that he understood there was a large block of properties that were opposed to tle a nnexation in 1973 --the larger proper ties did not want to be annexed by Englewood. Mr. Hannen s ta ted that he understood t h e o perations such as gravel yards and auto wrecking operations we r e attracted to Sheridan where they c ould get "more liberal , tre atment." Mr. Owens inquired about the matter of stabling horses on the property? Mr. Wanush stated that the Comprehensive Zoning Or dinance does not contain any prohibition against animals. Ther e is a nuisance ordinance pertaining to animals, and that no g u arantee could be given that there would not be a complaint fi led against the keeping of these animals if the premises are n o t well maintained. Mr . Lathrop inquired as to the fiberglas s .business; he as~ed if it c ontributed to air pollution etc., in that particles might escape into the air. Mr. Hannen s tated that the opera- t io ns are fully enclosed within the buil ding, and that it seems to be a very clean operation. Mr. Wanush stated that this bus i n es s has been inspected by both the Code En f orcement Division a nd the Fire Department, and both departments feel that the operation is clean and sound; whatever dust, fumes, and other f o rms of pollution there are, are contai ned on site. Mr . Owens inquired if there were other f iberglass operations in the I-1 Zone District? Mr. Wanush st ated that there are, and the staff feels that this is a permi t t ed, conforming use. Mr. Hannen stated that he felt it is a matter of how glass manufacturing is interpreted. Mr. James Verdos 6476 South Steele -stated that his proper t y is in the Annexa- tion North area, alo n g with properties ow n ed by Mr. Kittle and Mrs. Royce. All these property owners agreed they wanted to annex to Englewood . Th ey have no ob- -6- jection to the propos ed zo ni ng, so long as the fib ergl ass operation is determine d to b e a conforming use in the I-1 District. Mr. Owens asked if anyone else wished to speak in fav or of the .proposed zone desi gna tion? No one wished to spea k in favor of the zoning. Mr. Ow ens then asked if th e r e was any one who wished t o speak i n o pposition to the p rop osed z one designation? No one in the audience wished to spe ak in opposition. Mrs. Pierson asked if the Comm ission ne e ded to a ddres s the matter of fiberglass manu fact uring being permitt ed in the I-1 District? Mr. Wanus h sta ted that 1he staff feels t hat it is a permitted use . Th e Com prehe nsive Zoning Ordinance does per - mit the Planning Comm ission t o make a determinat ion o n a use that is not specifica lly ment ioned. Mr. House noted tha t the Englewood businesses wh ich u se fiberglass in their o perat ion are Fiberglassics --1101 West Dartmouth Avenue, Fibersheen in the 1000 block of West Stanford Avenue, and Unique Mo bilit y i n the 3700 block of Sout h Jason Street. Mr. House discusse d the process he unde r s tood was followed by Mrs. Royce 's b usi ness; a resin is p la ce d on a mold , and sprayed with a fix ative; the molding is done r igh t on t he premises. Discussion ensued . Mr. Hanne n st a te d t ha t the fiberglass is manufac tured in sheets; these she ets ar e fitted to the mold and sprayed with the resin. The busi ness is essentially the forming of t he fiberglass sheets int o finished products. Mr. Lathrop asked who was fu rnishing water and sew er s ervice to this area? Mr. Wanu sh s tated that this iss u e do e s not relate to the matter o f zoni ng, but is a separat e mat ter be- fore the City Council i n t heir consideration o f the a nnexation. He then explained that pres entl y, the area is s erved by Denver Water from a 3 11 line in Sou th Santa Fe Drive. One of the terms the City Council has considered in annexi ng thi s area is the installation of an a dd itional water line to e nsure proper fire flow in t his a rea . He stated that he thought that Englewood provide d sew er service. Pierson moved: Tanguma seconded: The Publ ic Hearing on Case #4-78 b e clo sed AYES: Tanguma, Draper, Lat h rop, McClintock, Owen s, Parker , Pierson NAYS: None ABSENT: Smith, Williams The motion carried. Mr. Owens asked the plea sur e of the Commission on the matter of zoning designation? .~ -7- Mrs. Pierson stated that she felt the matter of fiberglass manufact uring in the 1-1 Zone District should be addressed. Discussion ensued. Pierson mov ed: Tanguma seconded: The business of molding, processing and working with fib erglass is a permitted use in the 1-1, Light Industrial Zone District. AYES: Draper, Lathrop, McClintock , Owens, Parker, Pierson, Tangum a NAYS: None ABSENT: Williams, Smith The motion carried. Tanguma move d: McClintock seconded: The Planning Commission recommend to City Council tha t upon annexation to the City of Englewood, the property in Santa Fe Annexation North and in Santa Fe Annexation South be zoned to 1-1, Light Industrial for the reasons cited in the staff report for Case #4-78. AYES: Pierson, Tanguma, Draper, Lathrop, McClintock, Owens, Parker NAYS: None ABSENT: Smith, Williams The motio n carried. Mr. Owens announced the Commission determination, and stated that the matter will be referred to City Council. IV. DIRECTO R'S CHOICE. Mr. Wanus h stated that he had nothing to bring before the Commission. V. COMMIS SION'S CHOICE. Mr. Owens reminded Commission memb ers of the breakfast meeting at Swedish Medical Center on May 20th , at 7:30 A.M. Members are aske d to meet in the main lobby. Mr. Owens commended Mr. Wanush on the award he received at the 7th Annual Colorado Urban Conf erence. The meet ing adjourned at 7:40 P.M. MEMORANDUM TO THE ENGL EWO OD CITY COUNCIL REGARD I NG ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONIN G COMMISSION. DATE: May 16, 1978 SUBJECT: Zone Designation RECOMMENDATION: Tanguma moved: McClintock seconded: The P la nning Commission recomm end t o City Co uncil that upon annexat ion t o the City of Englewood, t h e pro perty in Santa Fe Anne xation North and in Santa Fe Annexa tion South be zoned to I -1, Light Industrial, for the reas ons cited in the staff re port for Case #4-78. AYES: Pierson, Tanguma, Drape r, Lathrop, McClintock , Ow ens, Parker NAYS: 'None ABSENT: Smith, Williams The motion carried. By Order of the City Planni ng and Zoning Commission. ,:~:. /%.:-·· I 2 .