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HomeMy WebLinkAbout1960-11-22 PZC MINUTESPage 516 3. Any person, firm or corporation violating any provisions hereof shall, upon conviction, be fined more than $300 or improsioned not more than 90 days for each offense. Each sale or purchase in violation of this ordinance and each day that any junkyard is maintained in violation of the provisions hereof shall be deemed a separate offense. The motion carried un a nimously. IV. Traffic Circulat i on at Dry Creek Shopping Center. The Planning Director explained the problem of left turns on the east side of Dry Creek Shopping Center. He p ointed out that vehicles turning left to and from the curb cut on South Logan Street cre ate a traffic hazard. Hill stated that a verbal agreement was made with the owner to prohibit left turns at the curb cut. The Commission asked the Planning Director to contact the owner of the center and attempt to correct the problem. V. Garden Level Apartments and Hi-Rise Apartments. The Planning Director referred to the agenda which noted possible changes in the height limitations for buil d ings in the R-3 zone. He felt that the staff should study the matter more thoroughly. VI. Englewood Plan. The Planning Director reported that work had started on historical background, population forecasting and detailed outlining of the Englewood Plan. VII. Schick Rezoning 75 foot Tract at 2828 South Grant Hearing No. 44-60 A letter was read wh ich requested rezoning for 3 lots in the 2800 block on South Grant from R-1-D to R-3-A. The Commission suggested that the Planning Director contact Mr. Carleno and inform him that the proposed rezoning is spot zoning and not contiguous to an R-3-A zone. Because of this the Commission would look upon it unfav orably. VIII. Buell and Company The Chairman read a letter from Buell and Company. It requested that (1) The Planning Com- mission the so-called Parson's traffic interchange from Highway 70 into downtown Englewood to the State Highway Department and, (2) that the Planning Commission ask for an extension of time from Arapahoe County Planning Commission to study Cinderella City in view of Buell's downtown developme n t plan for Englewood. Discussion followed on the subject. Hill moved: Martin seconded: That the Planning Commission send a letter to the Englewood School Board urging them to cooperate with the State Highway Department in using the land in Commerce Park for a possible interchange. The motion carried unanimously. Rice moved: Kreiling seconded: That the Commission send Mr. Buell a letter stating the following: (1) The State Highway Commission request has already been submitted and the Parson's plan is a ssumed to be one of those under consideration. (2) The Planning Commission has already asked the County for an extension of time and further delay can not be justified. There being no further business to come before the Commission, the meeting adjourned at 10:20 P. M. APPROVED: David F. Munns David F. Munns Planning Director Recording Secretary Susie M. Schneider * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of November 22, 1960 The Planning Session was called to order by Chairman Kelley at 8:15 P. M. Members Present: Rice, Martin, Kreiling, Romans, Kelley Munns, Ex-officio Members Absent: Hill I. The minutes of November 10, 1960 were approved as read. I I I I I I I I. Schick Rezoning 75 Foot Tract at 2828 South Grant. Page 517 Hearing No. 44-60A November 10, 1960 The Planning Director stated that the petitioners now want this area rezoned to R-2-A. Public Hearing is to be held December 8, 1960. III. City of Englewood Amendment to Zoning Ordinance Hearing No. 45-60 Mr. Esch, City Attorney, presented a proposed amendment to the Zoning Ordinance which would allow a petitioner to apply for annexation of property classified in the desired zone. Mr. Esch said i n his opinion this would be fairer to both City property owners, and to people in- terested in annexing to the City. The petitioners if successful in annexing would be assured of the zoning suited to their plans. The surrounding property owners would know what zoning is anticipated before the annexation occurs and be able to object on that basis. Mr. Esch said the legal angle had been thoroughly studied, that a recent case has been tested in the Colorado Courts and legal aspects were favorable. There was a lengthy discussion as to the Prox and Cbns of the timing of this amendment in relation to the proposed "Cinderella City". Rice moved: Romans seconded: The motion carried. That the proposed amendment presented by Mr. Esch be received by the Planning Commission and published in conformity with the Zoning Ordinance. Copy of proposed amendment substantially as follows: ARTICLE I, SECTION 7, ENGLEWOOD ZONING ORDINANCE, AS AMENDED S E CTION 7 -ZONING OF ANNEXED AREAS. Any area hereafter annexed to the City shall, immediately upon such annexation, be auto- matically classified as an R-1-A Zone (subject to subsequent changes and amendment pursuant to Article III of this Ordinance) unless in the course of the annexation a different zoning classification for part, parts, or all of such area is established both in the resolution of Council accepting the petition for annexation of such area and in the ordinance of Council approving the annexation of such areas, as such may be adopted by Council in .accordance with Colorado statutes; PROVIDED, THAT every and any such different zoning accomplished by and included in such resolution and ordinance of annexation be in compliance with the following procedures as app1icable: (a) Every petition submitted to Council for annexation of territory to the City of Englewood shall be referred by Council to the City Attorney, (to be submitted to the Planning for study at this tine) who shall promptly prepare and submit to Council his written report as to the legal sufficiency of such petition under applicable Colorado Statutes. In the event .such petition is determined to be legally sufficient, the City Attorney shall transmit to the City Planning and Zoning Commission such petition, all documents accompanying the same, and a copy of his written report prepared for Council. (b) Promptly following its receipt of any such petition for annexation from the City Attorney, the City Planning and Zoning Commission shall examine the same without unnecessary delay and, not later than thirty days or second regular meeting of Council or which ever is later following such receipt, shall prepare and transmit to Council a ~ritten report containing its recommendations to the Council as to zoning classification of the land areas included in such petition and the Commission's recommendations as to any other features of land use coveri r~ the general vicinity of such territory. The recommendations of the Commission shall not be binding on the Council, and failure to file such written report be- fore the end of said thirty-day period shall contitute the Commission's approval; however, no resolution accepting a petition for annexation shall be adopted by the Council unless the same shall have been first submitted to the Commission for its examination and recommendations as herein set forth. (c) Every ordinance approving and completing (but not resolutions accepting petitions for) annexation of territory to the City which specifically provides for zoning of any part of the land involved to a use classification other than R-1-A shall be fully subject to the provisions of the Englewood Zoning Ordinance relative to public notice (subsection 62 of Section 5 of Article I), and those relative to protest by adjacent owners (subsection 4 of Section 3 of Article -)including the requirement of a higher fraction of favorable votes of Council. (d) Council may, but need not, accept any annexation petition which requires, as a condition precedent to the effec t iveness of the annexation, that part, parts, or all of the land area included in said petition be zoned und er one or more use district classifications as specified by the signer or signers of the petition. Every such petition which includes or is accompanied by such a requirement con- stituting a condition precedent to the consent of the petitioners shall be subject to the following: (1) If Council accepts such petition, the acceptance Resolution adopted shall set forth the zoning plan required by the petition or petitioners, as the area annexed, or part o r parts thereof (describing same), will be zoned if the annexation is completed. (2) Thereafter, if Council shall proceed to consider an Ordinance ap- proving and .completing the. annexation, s ,uch Ordinance shall, if adopted by Council, contain and establish the identical zoning use district classifications of part, parts, or all of the area being annexed, as required by the petitioner or petitioners as set forth in the acceptance Resolution. Page 518 IV. Junk Yards Amendment Hearing No. 42-60E The Planning Director said he has discussed this proposed amendment with a reputable junk dealer and the dealer felt that it is necessary to have two vehicle gates. He also felt that the provision requiring goods to be he~d in possession for 72 hours is not feasible as it constitutes a restraint of trade. This amendment will be refined and published for public hearing on December 22, 1960 . V. Lakeside Shopping Center Tour The membe r s of the Planning Commission and Planning Staff were taken on a guided tour of Lakeside Shopping Center by the Von Frellick Associates. Many interesting comparisons were made of Lakeside Shopping Center and the proposed Cinderella C ity Shopping Center. VI. Planning Office Adams Tract Land Northeast of Federal- Union Intersection . Hearing No. 49-60B September 22, 1960 October 20, 1960 On November 9th , Mr. Nicholls brought a proposed subdivision of the Adams Tract into the Planning Office but the staff has not had time to study it and make recommendation . VII . Traffic Circulation at Dry Creek Shopping Center. The Planning Director reported that the double yellow line painted on 8outh Logan should help to discourage left turns from and onto that street. VIII. Texas Trip The City Attorney announced that he and the Planning Director have been directed by the City Council to proceed to Amarillo, Dallas and San Antonio to study s h opping centers built by the Von Frel l ick Associates. Among the points of concern will be the legal aspects, screening and effect on surrounding residential areas. IX. ICRPC Meet i ng Since all Englewood Planning Commission members had been supplied with the Development Review Board report to the ICRPC it was necessary only to review the following highlights: 1. There is a present oversupply of shopping floor area and vacant zoned land in the Southern Metro area. 2. Future shopping demand for the KLZ site will not necessarily be larger than the present demand as new centers will absorb it. 3. The impact will cause a lack of stability and many rezonings in the surrounding area. 4 . Alternate uses were suggested. Mr. Alex Holland of Von Frellick Associates was present and was invited to rebut the first point. A very complete and effective rebuttal followed . (Mr . Holland was present at ICRPC Meeting and not Planning Commission meeting.) -t - - - - - - - - - - - There being no f urther business to come before the Commission , the meeting adjourned at 10:20 P. M. APPROVED: Da v id F . Munns Susie M. Schneider Recording Secretary *~* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION Minutes of December 8, 1960 The Planning Commission meeting was called to order by Chairman Kelley at 8:00 P. M. Members Present: Romans, Martin, Rice, Kelley, Hill, Miles Munns, Nies, Ex-officio Members Absent: None I I I