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HomeMy WebLinkAbout1963-05-23 PZC MINUTESI I I Page 705 VI. NEW BUSINESS. The Planning Director gave a report on the ASPO Convention she attended in Seattle. Dis- cussion followed. Hill moved: Kreiling seconded: The meeting be adjourned, The meeting was declared adjourned at 10:20 P.M. Respectfully submitted, Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I . CALL 'ID ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION May 23, 1963 REGULAR SESSION The regular meeting of the City Planning and Zoning Commission was called to order at 8:10 P.M. by Chairman Rice. Present: Hill; Kreiling; Love; Miles; Touchton; Rice Romans, Ex-officio Absent: None Also present: City Attorney Esch Assistant Director Hess Planning Aide Monson II. APPROVAL OF MINUTES. Hill moved: Touchton seconded: The minutes of May 9, 1963 be approved as presented. The motion carried unanimously. III. OLD BUSINESS A. Alley Vacation Englewood Methodist Church Case #3-63B Mr. Rice stated the proposed alley vacation in the 3800 block of the Broadway-Acoma alley had been tabled at the April 18th meeting to enable the Church representatives to work out problems posed by the proposed vacation with the City Engineer and Public Service Company of Colorado. Miles moved: Love seconded: The matter be raised from the table. The motion carried unanimously. Mr. Malone, attorney for the Church, stated the original request had been for the vacation of the south 232 feet of the existing alley. The Church would then dedicate a new alley from Acoma east to the existing alley. Objections to this proposal were received, and an amended plan was submitted, whereby the proposed alley from Acoma was moved north 50 feet. All problems with the Public Service Company had been settled; the City Engineer's Office had been concerned with the existing sewer in the alley, as it was not feasible to move the sewer line. The Church has agreed to enclose the sewer line in cast iron pipe with a manhole at either end; and to pave the proposed alley with concrete. The legal description of the proposed vacation and new dedication are to be prepared by the Engineer's Office. Discussion ensued. Love moved: Kreiling seconded: The Planning Commission recommend to City Council that the proposed partial vacation of the alley in the 3800 block of South Broadway - South Acoma be favorably considered. The motion carried unanimously. IV. NEW BUSINESS A. Alley Vacation Case #7-63 3500 Lincoln-Sherman Alley The following memo from the City Engineer was read: Page 706 "There seems to be quite some confusion in reference to the alley that is now being occupied by Abbott Lumber Company, Englewood Savings and Loan, south of Abbott, and the city Street Department. We have no record of a vacation. Our maps show an alley plotted and supposedly existing. I therefore believe, that due to the circumstances, this matter would be cleared up. I wish to bring this to the attention of the Planning Commission for a proposed vacation as all parties involved would like to see this matter cleared up. Discussion followed. Kreiling moved: s / W. O. Davies, City Engineer " Miles seconded: The Planning Commission recommend to City Council the alley in the 3500 block South of Lincoln-Sherman alley be vacated on the advice of the City Engineer, subject to utility necessities. The motion carried unanimously. B. Comprehensive Zoning Ordinance Case #30-62M Hill moved: Kreiling seconded: The Public Hearing be opened. The motion carried unanimously. Chairman Rice set forth the order of the Public Hearing. A brief resume' would be given; the hearing on the Ordinance would be taken by sections with proponents speaking followed by the opponents on each individual section. Mr. Rice further stated that, as the Public Hearing on the proposed Comprehensive Zoning Ordinance could be quite long, the Hearing would be recessed at 11 P.M. and would be re- convened at 8 P.M. on May 28, 1963, at 3000 South Bannock. Mrs. Romans, Planning Director, gave a resume' of the compilation and revision done by the staff and commission for this proposed Ordinance. The Planning Department began operation September 1, 1957, with Mr. Joe Lacy as the Director. Revision of the 1955 Ordinance, written by Harmon, O'Donnel, and Henninger, began during the time Mr. Lacy was director. Suggestions were written down by various Boards, Commissions and people who worked with the Ordinance. In 1958, a Charter Convention was named to draft a Home Rule Charter for the City. The City of Englewood began operation under the Charter in January of 1960. Mr. David Munns, was named Director in 1960, and under his direction, plans to revise the 1955 Zoning Ordinance continued. Prior to his resignation in 1961, Mr. Munns had interviewed and hired a Mr. J. T. Ritter to work exclusively on the revision of the Ordinance. This revision was interrupted by Mr. Ritter's reporting for duty in the Army, and was not actively resumed until early in 1963, when Mr. Tom Eitel was hired. An extensive review of other Ordinances, the Minutes and suggestions of various Boards and Commissions, Supreme Court cases and decisions followed. Several areas of conflict in the present Ordinance and the City Charter were noted, and have been corrected in the proposed Comprehensive Zoning Ordinance. The proposed Comprehensive Zoning Ordinance was compiled, taking into consideration all in- formation and suggestions gathered over these several years. The proposed Comprehensive Zoning Map has also been the result of extensive study. Detailed Land Use studies of numerous areas have been done in an effort to determine the best zone classification to be designated for each area within the City. Mr. Rice asked if there was any one present who wished to speak on the General Provisions , Section 22.1 , of the proposed Ordinance? There were none present to speak for or against this Section. It was asked if there was any one present who wished to speak on Section 22.2, Administration of the Ordinance; or Section 22.3, Amendments. No one was present to speak on any of the aforementioned Sections; however, Mr. George Creamer, counsel for the Northeast Englewood Citizens' Committee, submitted formal statements concerning the Ordinance and particularly the application of the B-3 classification to the KLZ site. Mr. Creamer also referred to all letters, petitions and reports filed with the Commission at prior Hearings protesting the C-3 zoning previously requested by the owners of the site. Mr. Rice stated the Zone District classifications would be considered in order: R-1-A ; R-1-B; R-1-C; etc. Mr. Rice asked if there was any one present who wished to speak in favor of the proposed R-1-A District, or its application upon the Map. There were none who wished to speak. Mr. Rice asked for those against the classification. Mrs. Nance 2800 South Penn. asked how the proposed R-1-A zoning would affect older homes that might not meet all the R-1-A requirements? The Planning Director stated the proposed zoning would have no effect upon existing structures. Mr. Rice asked for those who wished to speak for or against the proposed R-1-B. No persons present wished to speak on the proposed R-1-B classification. Mr. Rice asked for those who wished to speak for or against the proposed R-1-C District. Mrs. Perry 2349 West Harvard -stated she felt the R-1-C District should be more restrictive rather than "less restrictive" as noted. Mr. Rice stated "less restrictive" referred only to the size of lot and size of house permitted in the District. Mrs. Perry stated she felt a buffer zone should be placed between the residential area and the industrial district to the east. Mrs. Perry suggested the "buffer" should be within the present industrial area; not the residential area. I I I I I I Page 707 Mrs. Miller 4066 South Bannock -asked if doubles would be permitted in the proposed R-1-C District? Mr. Rice replied that this was a single-family classification. Mr. and Mrs. Noel Teter 3909 South Logan Street -requested extension of the proposed R-2-A zone from the Sherman- Grant alley to the Washington-Clarkson alley in the 3700, 3800 and 3900 blocks south. A cover letter and petitions had been previously filed at the Planning Office. This area is proposed as R-1-C. Mrs. Maxine Stanley 2310 West Harvard -asked if properties with 60 foot frontage would have to be cut down to to feet to conform with the proposed Ordinance? Mr. Rice pointed out that 50 feet was the required minimum frontage, and that the minimum could be exceeded. Mr. Rice asked if contacts had been made to the office on this proposed classification? The Planning Director stated that Mr. Parr, who owned property west of South Clay Street extended, has requested an I-1 classification rather than the proposed R-1-C. Mr. Rice asked for those who wished to speak for or against the R-2-A Zone District. No one was present to speak "for" the District. Mr. Malone stated he represented Mr. Ben Nazarenus, owner of property in the 3500 block of South Marion .. The property is presently zoned R-1-D and is proposed for R-2-A. Mr. Nazarenus desires an R-3-B or an R-4 classification on the area . bounded by the Marion-Lafayette alley on the east, Downing on the west, Highway #70 on the south and the proposed B-2 zone on Hampden Avenue on the north. Either of the above classifications would permit duplexes, and would also permit professional offices and clinics. A letter from Mr. Pitchford was acknowledged requesting R-3 or R-4 zoning for the 3500 block of South Marion. Dr. Van Benschoten 3649-59 South Grant -requested the application of an R-4 zone for Lots 1, 4, and 5, Block 3, A.W. Hiner's Subdivision. Mr. Rice asked for those in favor of the R-2-B Zone Classification. Mr. Dave Clayton 4170 South Acoma St. -stated he was in favor of the proposal to classify his area R-2-B rather than R-2-A as it is presently. Mr. Howard 2820 South Sherman -stated his area would be changed from R-2-A to R-2-B. He asked if an owner could rent out a room or two if the space was available. Mr. Rice stated a room could be rented out, but advised Mr. Howard to check further with the Building Inspector. Mr. Robert Snider 4147 South Lincoln -stated he was in favor of the present zoning, R-2-A, but opposed the proposed R-2-B. Mr. Rice asked for those who wished to speak for or against the R-3-A classification. Mr. Walter Erwin stated he represented the developers of the Carmel Park are in a proposed R-3-A District, which District requires 100' frontage. requires 75 foot frontage. Mr. Erwin requested his client's property be R-3-B on the proposed Map, as the R~3-B requires 75 foot frontage, which the Subdivision. Subdivision. They The present R-3-A designated as would conform with A recess was called at 9:30 p.m. The meeting was called to order at 9:50 p.m. Mr. Rice asked for those who wished to speak on the proposed R-3-B District. Mr. James Massengale 3281 South Bannock St. -stated he owned property in the 3300 block of South Clarkson, and had filed a petition with the Commission prior to this time asking for R-3-B zoning for that area. He stated he was in favor of the proposed rezoning. Mr. Bob Carr, attorney for Mr. Earl Rawalt and Mr. Ron Wilson, stated his clients were in favor of the proposed rezoning in the area from Cherokee to Elati between Kenyon and the proposed B-2 zoning on Hampden. Mr. Carr felt this proposed classification would permit a logical development for this area. Mr. Bruce Nuland 3632 South Delaware -stated he was opposed to the proposed R-3-B Classification; he doesn't want an apartment house erected across the street from his residence. Mrs. Gwen Chapman 3601 South Delaware -asked that the Hearing on this section be held over until the evening of May 28, to enable her to give more study to the proposal. Mr. Rice stated ' the publication of the Ordinance and Map had been given to enable people to give study to a situation such as this, and to make contacts with the Planning Office if further clarification was desired. Mr. Rice asked Mrs. Chapman if she was in favor of the proposed change or opposed to it .. Mrs. Chapman stated that at the present time she was opposing the change. Mr. Skerlj 3601 South Cherokee -stated he was very much in favor of the proposed R-3-B zoning in that area. Page 708 Mr. Seivers 3640 South Delaware -stated he personally was opposed to the proposed R-3-B zoning and was also speaking f or the Immanuel Lutheran School, as the Church Board had voted to oppose the proposed zoning. Mr. Rice asked if there were any written objections to be entered in the record at this time. A letter from Mr. R. G. Bowman protesting the change of zoning to R-3-B from C-1 of the properties at 105 West Jefferson and the vacant area at the Northeast corner of West Jeffer- son and South Acoma was noted; also a letter from Dr. and Mrs. O. W. Walgren, 3341 South Washington, protesting the proposed extension of R-3-B in that area was acknowledged. Mr. Rice asked for those who wished to speak on the R-4 Zone District. Mr. Alan Lundberg 3580 South Marion -referred to the request made by Mr. Malone for Mr. Nazarenus, asking f or R-3-B or R-4 zoning for the area west of the Marion-Lafayette alley to Downing, and stated he felt the proposal should be extended to Lafayette. Mr.Rice asked for those who wished to speak on the B-1 Business District. No persons present wished to speak for or against the District. '· Mr. Rice asked for those who wished to speak on the B-2 Business District. There were no persons present who wished to speak for or against the District. . . Mr. Rice asked for those who wished to speak in favor of the B-3 District. Mr. Harry Fleenor, Jr. 3383 South Corona St. -stated he was in favor of the proposed District. Mr. Fleenor asked that a standing vote be taken of those yet present who were in favor of the proposed District. Mr. Rice asked that those in favor of the proposed District stand. Fifty-four (54) persons stood. Mr. Fleenor questioned the accuracy of the opposition proclaiming the Hearing held this evening was basically a matter of another Public Hearing on the KLZ site. Mr. Fleenor further stated he was under the assumption that zoning in a Home Rule City was a local matter and questioned the right of residents of neighboring villages, towns and cities forming committees opposing the City of Englewood. Mr. Fleenor cited the "Committee to Preserve Zoning Integrity", Co-Chairmen Mr. Blake Heister and Mr. John Welles, Secretary Mrs. Fonda. Mr. Fleenor then cited an article in the "Village Crier", a Cherry Hills Village publication, in which Mayor Davison was making a public request to the residents of Cherry •Hills to attend the Public Hearing on the Comprehensive Zoning Ordinance to oppose the B-3 District and the application o f same. Mr. Fleenor strongly objected to the Mayor of a neighboring village interfering with matters within the City of Englewood. Mr. Fleenor pointed out that the land at the southeast corner of South University Boulevard and Highway #70 was zoned Commercial under the Cherry Hills zoning classification to permit a luxury hotel and shops. Mr. Fleenor stated he did not feel any "creeping commercialism" could be blamed on the proposed B-3 zoning of the KLZ site in view of this proposed develop- ment. Mr. Fleenor emphasized that the Commission was an Englewood advisory board, and asked the opposition to the proposed Ordinance be limited to residents of the City. Discussion among the Commission members ensued. Miles moved: Touchton seconded:That, as this is a Public Hearing for citizens who may or may not be affected by any portion of the Comprehensive Zoning Ordinance, the Commission should hear anyone wishing to speak. The motion carried unanimously. Mr. Love suggested that those who wish to speak in favor or in opposition be asked to state their City of residence. Mr. Ed Puetz 1100 East Girard Englewood, Colorado -stated he did not understand why a few people would attempt to stop a City from growing and making progress. Mr. Puetz felt the entire City would benefit from this proposed B-3 zoning; if the area were developed under the B-3 classification, Mr. Puetz estimated the City would realize $350,000 in sales tax each year. Mr. Fred Hume 3751 South Fox Englewood, Colorado -stated he was in fav or of the B-3 District and the proposed application. Mr. Hume pointed out that the Englewood School District would realize $70,000 per year if the KLZ site were developed under the B-3 classification. Mr. M. M. Summers 3140 South Delaware Englewood, Colorado -stated he had lived in Englewood for 25 years, and wanted to see the City grow. He felt that the City needs a shopping center, and urged that the B-3 Section be approved and enforced. Mr. Leroy Williams 3064 South Corona St. Englewood, Colorado -asked what would happen to the sales tax spent by Englewood residents once it was outside the City limits. He felt the luxury shops per- mitted in the hotel-resort complex would benefit Cherry Hills residents and felt the same opportunity should be afforded Englewood residents. Mr. Williams further emphasized the fact that the Englewood Progressive Association represented over 900 people, and they were all in favor of the proposed B-3. I I I I I Page 709 M~. Gussey 3297 South Lafayette Englewood, Colorado -felt Englewood was the only City in the United States trying to push business out; he also felt the .propo?ed B-3 District, when developed, would be a great asset for high-school students looking for part time jobs. Mr. T. F. Fitzpatrick 3155 South Acoma St. Englewood, Colorado -stated he was in favor of the B-3 zoning and felt it was much more desirable than factories or heavy industrial uses. Mrs. Beverly Bassett 3809 South Broadway Englewood, Colorado felt the B-3 zoning and the possible resultant development would attract many more people to Englewood to shop as well as encouraging the local residents to shop within tµe City. Mr. Bob Carr 4425 Highline Place Denver, Colorado -stated he felt the Commission and staff had prepared a very good Comprehensive Zoning Ordinance and Map, and he felt the City needed zone. Mr. Carr stated he would be very happy to drive from University Hills to the shopping center development. the B-3 shop at Mr.Rice stated the Beau Monde Corporation had filed several reports with the Planning Office and a cover letter stating they had no objection to the application of the proposed B-3 classification. Mr. Rice also acknowledged the reports and letters previously filed by Messrs.Creamer and Winner opposing the B-3 classification. Mr. Rice asked f or those opposed to the B-3 classification who wished to speak. Mr. Harold Feder 3271 South Gilpin Englewood, Colorado -referred to letters previously filed with the Commission signed by Attorneys Winner and Creamer on behalf of the Northeast Englewood Citizens' Committee and a letter from Mr. Martin Deuth on behalf of the NECC and himself. Mr. Feder filed f our legal pads containing 239 signatures of opponents to the B-3 zone, and stated he had the power of attorney for 270 other residents, which opposing petitions would be filed later. Mr. Feder noted that Article Ill, Section 3 of the present Ordinance concerning protests by 20% of the property owners within 100 feet from a subject area had been omitted . Mr. Feder asked if, under Section 22.1-5 of the proposed Ordinance a Building Permit could be issued without zoning of an area? Mr. Rice stated the Commission, under the proposed Ordinance, would have to initiate action within 120 days to zone an area which was found to be without zoning for any reason, or a · permit could be obtained. Mr. Feder asked if an alternate zone classification was being considered for the KLZ site. Mr. Rice replied not at this time. Mr. Feder asked if the Commission would accept an application for R-1-A zoning. He further asked if the B-3 zoning for the KLZ site was recommended by the Commission on its own motion or on someone else's motion. Mr. Rice replied that it was a duty cf the Planning Commission to zone the property. It has been designated as C-3 by the Commission twice before, and it was felt this was correct under the proposed B-3 zone. Mr. Feder stated he wanted the record to reflect that at least 75 chairs had been oc cupied by proponents by 7:00 P.M. He further asked if the recommendation of the Commission were based on their studies or on studies submitted by others? Mr. Williams stated he wished to voice an objection to Mr. Feder's statement: The chairs were not taken at 7:30, as he did not arrive until that time and chairs were yet available. Mr. Miles stated the recommendations of the Commission were ba sed on their own studies, and asked why the Commission was being subjected to the detailed questioning? Mr. Feder stated the NECC h ad submitted detailed, factual studies to the Commission, and asked what the residents favoring the Center submitted. Mr. Rice stated it was 11 p.m., and the Hearing would be recessed to May 28, 1963, at 8 p.m. at 3000 South Bannock . ******************************************************************************************* MAY 28, 1963 ----RECESSED SESSION I. CALL TO ORDER: The reconvened session of the Regular Planning Commission meeting of May 23, 1963 was called to order by Chairman Rice at 8:05 p.m. Present: Hill; Kreiling; Love; Miles; Touchton; Rice ; Romans, Ex-officio Absent: None Also present: City Attorney Esch Planning Aide Monson