Loading...
HomeMy WebLinkAbout1963-05-28 PZC MINUTESI 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 Page 710 Chairman Rice reviewed the Hearing as thus far progressed on May 23, 1963. The Commissi0n was in the process of hearing opponents of the pro~osed B-3 Zone classification and the application of same on the proposed Comprehensive Zoning Map. It was stated the same pro- cedure as outlined at the May 23rd meeting would be followed; and that the Commission would recess the meeting at 11 p.m. if hearing on the proposed Comprehensive Zoning -Ordinance and Map was still in progress. Mr. Rice asked speakers to avoid repetition. Mr. Feder 3271 South Gilpin Englewood, Colorado ·-stated his initial presentation had been completed; however, he did want to file three (3) additional statutory protest petitions signed by owners of property within 100 feet from the KLZ site. Mr. Feder stated these petitions represented over 45% of Englewood property owners in the area, and 70 % of total property owners of Englewood and Cherry Hills Village within the 100 foot limit. Mr. Rice asked if these petitions had been ready to file on May 23? Mr. Feder replied that two of them had been ready, and were notarized on May 22 ; however, the other was not ready, and had been notarized on May 28. Mr. Feder pointed out that the petition notarized on May 28 contained only three (3) signatures. Mr. Rice asked the purpose of filing these additional petitions? Mr. Feder stated these were the petitions signed by home owners within the 100 foot limitation protesting the pro~ posed B-3 zoning of the KLZ site. Mr. Feder filed with the Commission nine (9) sets of Powe r of Attorney representing 266 property owners of the area protesting the proposed B-3 zoning. Mr. Feder also filed two ·additional signature tablets signed by people attending this meeting protesting the B-3 zoning. Mr. Feder objected to the charges that it has been Cherry Hills residents who are opposing the B-3 zoning. Mr. Feder cited the November, 1963, hearing before Council, at which time 561 Englewood residents protested the proposed change; 26 Cherry Hills Heights residents and 344 Cherry Hills Village residents opposed the proposed zoning change. Mr. Feder further stated he did not feel that the Cherry Hills Village residents were attempting to run the Commission or Council, and pointed out that the Supreme Court did not regard City boundaries as a means to keep residents outside a City from registering protests on matters such as zoning or liquor licenses; that any affected property owner could appear and register a pro- test. Mr. Feder stated that the people favoring the proposed B-3 did not live in the immediate area .and are not personally affected. Mr. Feder stated he felt issues on the proposed zoning were no different than they were in August, 1960 , when this proposed development and subsequent commercial zoning application were first discussed , and that the Commission must consider the property rights of those that would be adversely affected by this Center. Mr. John G. Welles 3602 South Gilpin Cherry Hills Village -stated he was Co-Chairman of the Committee to Preserve Zoning Integrity, and was a Research Economist by profession. Mr. Welles pointed out that the residents now protesting the proposed B-3 protested the same proposed business zone classification before the KLZ site was annexed to the City of Englewood. Since annexation, these residents saw no reason to stop protesting. Mr. Welles filed the following three (3) documents with the Commission: 1. A letter dated September 19 , 1962, signed by Martin Deuth. 2. A Letter dated September 20, 1962, signed by Martin Deuth. 3. A document directed to the City Council, dated November 5 , 1962, signed by John G. Welles, analyzing the Minutes of the Planning Commission of September 27, 1962. Mr. Welles felt there were several errors made by the Commission in recommending commercial zoning for the KLZ site. Mr. Welles pointed out that no factual rebuttal had been issued by the Commission to the Bowes Report, wherein property damages were cited. Mr. Welles stated he felt it very strange the Commission would initiate commercial zoning on this site, as he feels it a disgrace to all principles of good zoning. Mr. Welles felt there was no legal or planning justification for doing so; there has been no substantial · change in the zoning or character of the surrounding area, and the owners and developers of the KLZ site are certainly not going to suffer a financial hardship if this zoning is denied . Mr. Welles asked that the Commission chartge their recommendation on zoning of the KLZ site. Mr. Rice stated he appreciated the right of Mr. Welles to differ with the findings of the Commission, but challenged his right to challenge the honesty and integrity of the Commission. Mr. Martin Deuth 2201 East Floyd Englewood, Colorado -stated he was Chairman o f the Northeast Englewood Citizens' Committee. Mr. Deuth expressed concern about the proposed B-3 zoning of the KLZ site, and stated he still did not feel that Cinderella City was wrong, but it was being pro- posed for the wrong place. Mr. Deuth stated he had lived in the area for 10 years, and in that time, every tract o f land in the area has been residentially developed. He felt that Commercial zoning of this tract would be wrong and would eventually spread to the 20 acres immediately to the east of the KLZ site. Mr. Deuth further stated he felt there was sufficient commercial land elsewhere in Englewood; that there had been no change or deteriora- tion o f the area to warrant commercial zoning on this site. Mr. Deuth also felt the proposed development would lead to the opening and widening of more streets in the area , and emphasized that the area was poorly served by main arterial streets, but rather, by quiet, neighborhood streets. Mr. Rice stated there were no plans at this time before the City which encompass widening of existing streets or opening of additional streets. Mr. Deuth replied that if the B-3 zoning were permitted, the City and State would pay for street and highway improvements as well as the effected homeowners. Mr. Deuth further asserted that if the Commission were considering zoning the KLZ site with no request for commercial zoning, that the B-3 zoning would never be considered. I I I I I Mr. Robert Davison 5 Tamarac Lane Page 711 Cherry Hills Village -stated he was Mayor Cherry Hills Village. Mr. Davison spoke o f the past cooperation between Cherry Hills · and Englewood, and said he felt this was a problem o f both as a common boundary is shared. Mr. Davison filed a letter with the Commission expressing the desire of the Village that the Commission rec onsider their recommendation of B-3 zoning for the KLZ site. Joseph F. Little 3675 South Franklin Cherry Hills Village -said he lived one and one-half (1-1 /2) blocks from the proposed B-3 zoning. Mr. Little stated he represented 92 Englewood businessmen, signers of a petition protesting the proposed development if the site is zoned to permit shopping centers. Mr. Little felt the downtown Englewood businessman was "being pushed around"; the ramp from Highway #70 to Broadway directs traffic away from the CBD; the pending denial of left turns at Bannock and Highway #70 will further restrict access to the CBD; and if the B-3 zoning is approved, they will further be restricted by competition fr om a "tax subsidized" shopping Center. Mr. Little stated he has seen no reason to permit Cinderella City except for the financial profit to the developer. Mr.Rice asked that Mr. Little confine his remarks to the B-3 zone. Mr. Little stated he wished to register a protest that the opponents were not being allowed to present their full case. Mr. Miles asked Mr. Little what the ramp from Highway 70 to Broadway had to do with the B-3 zone classification? Mr. Little replied that it was penalizing the businessm an of downtown Englewood, just as Cinderella City would if it were to be developed. Mr. Little stated that shopping centers wipe out the little businessmen , and will eventually become a series of chain-stores. Mr. Little further stated that the jobs that would result from the development would be filled by people who would be unemployed as a result of the Englewood CBD stores going out o f business. Mr. Little cited an article from the Denver Post, dated September 12, 1962 and asked that he be allowed to read the article. Mr. Williams stated he wished to protest, as this was not a point of concern with the B-3 classification and asked that it not be read. Mr. Rice stated he wished to discuss this point with the members of the Commission. Mr. Rice stated it was the concensus of the Commission that it be received as written matter but not be read. Mr. Little stated he felt everyone should be allowed to hear the article, and again stated the opponents were being denied the full opportunity to present their case. Mr. Rice stated they were not being restricted; that both opponents and proponents were being given the same opportunities . Mr.Williams asserted that the proponents did not submit any documentary evidence based on heresay or anything based outside of Englewood. He asked that the opponents be held to the same rules. Mr. Little stated that he could say nothing more that would serve any purpose. Mr. Touchton asked Mr. Little to clarify his statement that the shopping centers are tax subsidized. Mr. Little stated that very few shopping centers could exist if it were not for a variation in assessments. He cited Denver Dry Goods Store: in its downtown location, it is assessed at $25.00 per square foot; at Lakeside Shopping Center, it is assessed at 17 cents per square foot. Mr. Love asked Mr. Little to explain his statement that shopping centers become chain stores, and asked if the 101 stores waiting to locate in downtown Englewood as Mr. Little has said were not yet in existence; or would they be a "branch store"? Mr. Little replied that they could be some "branch store from out of town, and would not be objectionable." Mr. Ken Bull 5001 South Washington Englewood, Colorado -stated he had owned his business at 3435 South Broadway for fifteen years; and he was Secretary of the Englewood Merchants' Association. He fe lt Englewood Business District offered a "fairly good" selection of merchandise. Mr. Bull cited the Crampon Survey, which compared the three blocks of Englewood CBD to other shopping areas and reported Englewood had the largest and most complete offering with the exception o f Denver. Mr. Bull stated that almost 100% of the downtown business people feel that Cinderella City would cause deterioration of the CBD; many are refusing to sign leases for a period of longer than one year. Mr. Bull asked the Commission to change their recom- mendation that the KLZ site be zoned B-3 . Mr. Peter Looms 1411 East Cornell Place Englewood, Colorado -stated he was an architect and planner, and stated the proposed zoning would have no affect on him. The Metropolitan Regional Plan by ICRPC was cited by Mr. Looms; he reported there was no provision for a shopping center at this particular location; in fact, no shopping center was indicated for as far away as East Belleview and the Valley Highway. Mr. Looms stated he felt the traffic problem would be tremendous: east-west ingress-egress could probably care for traffic from these directions, but said there were no adequate north-south streets to the center. Mr. Looms felt it made "no sense to impose this where it does not belong." Bernie Carpenski 3070 South Downing Englewood, Colorado -asked about the rumor being circulated that if Cinderella City is developed, South Downing would be widened, made one-way, and parking would be eliminated? Mr. Carpenski also asked about the drainage; apd further asked if the City Government was ready to stand the difference to the property owners resulting from the devaluation of their homes if this happened. Mr. Rice pointed out that very complete drainage restrictions had been written into the Ordinance, and that there are no plans to widen Downing or to make it one-way. Page 712 Mr. James Berry 3154 South Vine Court Englewood, Colorado -asked if the Commission had studied figures from the Crossroads Center developed by Von Frellick; he also asked if the City of Boulder had realized as much from the Center as it was said they would , and advised the Commission to look into this matter. Mr. Harold Feder stated petitions would be filed with the City Clerk containing 46 additional power of attorney signatures. Mr. Rice called a recess of the Commission at 9:30 p.m. The meeting was called to order by Chairman Rice at 9:50 p.m. Mr.Rice asked if there was anyone present who wished to speak on the proposed I-1 District? George Johnston 2401 South Pecos Englewood, Colorado -asked what was meant by natural production uses? Mrs. Romans stated that sand and gravel pits, coal, etc. would come under Natural Production Uses. Mr. Johnston asked what a Conditional Use was? The Director stated it was a Use that had to be approved by the Commission before it could be included in any zone district. Mr. Johnston stated he was in favor of the I-1 classification and would like to see the entire Ordinance approved with no changes. Mr. Dave Clayton office -3055 S. Santa Fe Englewood, Colorado -stated he was in favor of this zone classification, as the "Conditional Use" section makes it possible to upgrade properties along Santa Fe. Lee Colter 2931 South Tejon Englewood , Colorado -stated his property was used as an auto-wrecking yard, and was presently zoned M-2 heavy industrial. It is proposed as I-1, light industrial. Mr. Colter asked what effect this would have on his use? Mr. Rice stated that such a use was equally non-conforming in either zone classification. Mr. Walter Jessee 1930 West Baltic Englewood, Colorado -stated he was opposed to Block 77, Evans Park Estates being changed from residential to light industrial. Mr. Wade 2903 West Layton Englewood, Colorado asked if the industrial zone boundaries had been changed since the May 6th publication of the Map? Mr. Rice replied that no changes had been made. Mr. Cokayne 1989 West Iliff Englewood , Colorado -stated he was opposed to Block 77, Evans Park Estates being changed from residential to light industrial. Resident 1858 West Baltic Englewood , Colorado -protested the proposed change of Block 77, Evans Park Estates. Mr. Fox 1985 West Iliff Englewood, Colorado Mr. Bob Axelson 2357 South Sherman said he was in favor of the proposed change in Block 77, Evans Park Estates. Eenver , Colorado -stated he owned an auto salvage yard at West Harvard and South Raritan. He stated he was in favor of the proposed zone, and asked that auto yards be included as a Permitted Use in the I-2 zone. Mr. Ken Tuten 2330 South Raritan Englewood, Colorado -stated he was in favor of the zone classification. Mr. Johnston asked how the time limitation was figured for existing Non-conforming Uses; from the effective date of this Ordinance, or of the 1955 Ordinance? Mrs. Romans stated the time was from the date a use became Non-conforming, or from 1955. Mr. Rice asked if anyone wished to speak on Sectbn 22.5, Supplementary Regulations. No one present indicated a desire to speak. Mr. Rice asked if anyone wished to speak on Section 22.6, Non-conforming Uses; Section 22.7 , Non-conforming Signs; Section 22.8, Definitions, or Section 22.9, Legal Status Provisions. No one spoke on any of the above sections. Mr. Rice emphasized that the Map was an integral part of the proposed Comprehensive Zoning Ordinance; it was stated that objections to the Map had been entered in the record as the Hearing had progressed. I I I I I Page 713 Mrs. Romans introduced Minutes of previous Planning Commission meetings, wherein discussion and consideration of the revision of the 1955 zoning Ordinance was indicated . She pointed out that the revision had been in progress under the direction of four Planning Directors, and was not the result of a brief, hurried work schedule. Mr. Feder stated it was not until after commercial zoning had been requested for the KLZ tract once or twice that anything concrete was done on the revision. Mr. Feder charged that this proposed Comprehensive Zoning Ordinance was a "backdoor route to accomplish B-3 zoning of the KLZ site". Kreiling moved: Love seconded: The Public Hearing be closed. The motion carried unanimously. Hill moved: Kreiling seconded: The matter be tabled to give time for further study of the additional evidence and materials that have been presented. The motion carried unanimously. C. OTHER: Discussion on the next meeting date of the Commission followed. It was their decision to meet Wednesday, June 5th , rather than Thursday, June 6th. Love moved: Kreiling seconded: The meeting be adjourned. The motion carried unanimously, and the meeting was adjourned at 10:30 P.M . Respectfully submitted, Gertrude Welty Recording Secretary MEMORAN DUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: May 23, 1963 SUBJECT: Alley Vacation and Re-dedication -3800 South B:iroadway-South Acoma RECOMMENDATION: The Planning Commission recommend to City Council that the proposed partial vacation and rededication of the alley in the 3800 block of South Broadway -South Acoma be favorably considered. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude Welty Recording Secretary MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: May 23, 1963 SUBJECT: Alley Vacation -3500 block South of Lincoln-Sherman alley. RECOMMENDATION: The Plannin g 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. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude Welty Recording Secretary * * * * * * * * * * * * * * * * * * * *'* * * * * * * * * * * * * * * * * * * * * * * * * *