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Home My WebLink About1978-10-30 (Special) Meeting Agenda• • - CITY COUNCIL MEETING-SPECIAL October 30, 197 8 • - c • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Octob er 30, 1978 I b The City Counc i l of the City of Englewood, Ar apahoe Co un ty, Colorado, met in special session on October 30, 1978, at 7:00 p .m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman Donald Smith . The Pledge of Allegiance was led by Mayor Taylor . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Absent: None . The Mayor declared a quorum present . **..,'r,'•** Also present were: City Manager Mccown Assistant City Manager Curnes Assistant City Attorney DeWitt Dir ector of Community Dev elo p- ment Wanush Deputy City Clerk Watkins *****•k COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- S IDER A SPECIAL EVENTS BEER, WINE AND LIQUOR LICENSE FOR A FUND RAISING HARVE ST BALL TO BE HELD NOVEMBER 11, 1978, IN THE BLUE MALL OF CINDERELLA CITY SPONSORED BY THE SMOKY HILL HIGH SCHOOL TRAIL BLAZERS. Councilman Weber s conded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes : Nays : Council Members Williams, Web r, Smith, Harper, Clayton, Mann, Taylor . Non e . The Mayor declared the motion carried. Mayor Taylor asked if a representative from th Smoky Hill High School Trail Blazers was present to speak on behalf of th organization. • I • • October 30, 1978 Page 2 • • - Mr. Stuart McDonald, 2844 South Macon Circle, Aurora, appeared before Cou n cil as the representative for Smoky Hill High Sc h ool Trail Blazers . Mr . McDonald entered into the record a picture of the notice of p u blic hearing sign . Mr. McDonald re- quested that Council grant the special events permit liquor licen se . In response to Mayor Taylor's question, Deputy City Clerk Watkins confirmed the City Clerk 's office has received all the necessary documents on Smoky Hill Trail Blazers and that all fees have been paid making the file complete . Mr . McDonald then answered several questions posed by Councilman Clayton relating to th e special events permit reques t . Mayor Taylor asked if there was anyone else wishing to speak in favor of granting the special events permit to Smoky Hill High School. No one responded . Mayor Taylor asked if there was anyone wishing to speak against granting the permit . No one responded. COUNCILMAN WEBER MOVE D TO CL OSE THE PUBLIC HEARING . Councilman Williams seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith , Harper, Clayton, Mann, Taylor . None . The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A SPECIAL EVENTS LICENSE TO SMOKY HILL HIGH SCHOOL TRAIL BLAZERS FOR NOVEMBER 11, 1978 IN CINDERELLA CITY FROM 8 :00 P.M. TO 12:00 A.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ZONING DESIGNATIONS FOR 1470, 1485 AND 1600 WEST TUFTS AVENUE. Councilman Weber seconded the motion • • I • -• • - octooe~ 30, 1978 page 3 .· ( Octob er 30, 1978 Page 3 • • - COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ALLOWIN G ONLY 1470 AND 1485 WEST TUFTS AVENUE TO BE HEARD IN THE FIRST PUBLIC HEARING . Councilman Smith seconded the motion . Upon a call of the roll, the vot e resulted as follows: Ayes : Nays: Council Members Smith, Clayton. Council Members Williams, Weber, Harp er , Mann, Taylor . The Mayor declared the motion defeated . Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays : Council Members Williams, Weber, Harper, Clayton, Mann, Taylor . Council Member Smith . The Mayor declared the motion carri ed . Director of Community Development Wanush appeared before Council and was sworn in by the Clerk . Director Wanush presented and entered into the record certification of postings, recommenda- tions from the City of Englewood's Planning and Zo n i ng Commission, staff reports, and findings of fact for each piece of property involved in this zoning designation hearing. Director Wanush stated each property owner has petitioned for annexation to the City and for an I-1 zoning . Director Wanush noted each parcel is contiguous to the City of Engl e wood and pointed out that I-1 zones presently surround these particular pieces of pro- perty. Director Wanush stated the Planning and Zoning Commission recommends all three parcels be zoned I-1 for the following rea- sons: 1) each property would be an extension of an existing I-1 zone within the present City of Englewood, 2) the general character of the area is industrial and would preclude any residential develop- ment, 3) the present Comprehensive Plan indicates these areas are industrial. Director Wanush stated the zoning of 1470 West Tufts Avenue to I-1 would place an industrial zone adjacent to a re- sidential area . Director Wanush stated the Planning and Zoning Commission has placed certain conditions for the I-1 zone to minimize the impact of these two different zones coming together . They are: 1) no building permit will be issued without a planned development; 2) th re will be a minimum set back of twenty-five (25) feet from th west property line; 3) that the property line be screened; 4) there should be no entrance or loading dock west of any strucutre of property; 5) maximum height of structure should • D I • • - • October 30, 1978 Pa ge 4 • • - not excee d twenty-five (25) feet; 6) all outside storage should be en closed with a solid fe nce ; and 7) any lig hting facilities on the buildings should not shin e or be reflected on a ny adjacent pro-perty. Director Wanush stated the Planning an d Zo ning Commis - sion recommends that 1485 West Tufts Av e nu e be zoned I-1 without any conditions. Director Wanush stated the prop erty at 16 00 West Tu fts Avenue is presently zoned I-2 i n Arapahoe County wh e r e heavy in- dustry is a p ermi tted use, e .g . auto s hr edde r s , If this a rea is taken into the City it would be "down zoned" to I-1 a nd auto shr e dders, foundries, etc . would be prohibited . Director Wanush conclud ed h is pr ese ntat io n by sta ting each interested party whether he is the present owner or the prospective own e r has specific plans for light industrial us es i n these areas if Council decides to d esign ate th em as I-1. Mayor Taylor addressed the area of 1470 West Tufts Avenue and asked if anyon e in th e audience wished to speak in favor of designating it I-1 . Fred Vonde, 4825 East Vassar Lan e , Denver, appeared before Council and sworn in by th e Clerk. Mr. Vond e stated he was th e atto rn ey representing Anthony Boven zi and George Trani, property owners of 1470 West Tufts Avenue . Mr. Von de stated Mr . Bovenzi and Mr . Trani presently have th ei r own business i n the City of Englewood but would like to have their own build- ing at 1470 West Tufts Avenue . Mr . Vonde stated these men have contacted an architect to design a n ew building that would not have any adverse effects on the surrounding three residential homes in the area. Mr. Vonde entered into the record pictures he had taken reflecting the natural geographic area as being ind u strial . Mr. Vonde stated he had a real estate agent look at the area and quoted the agent as saying, "the highest and best use would be industrial and it appeared inevitable for industrial development". Mayor Taylor asked if anyone else wished to speak in fa vor of the I-1 designation fo r 1470 West Tufts Avenue. Hear- ing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded . Mayor Taylor addressed the area located at 1485 West Tufts Avenue and asked if anyone wished to speak in favor of the I-1 zoning designation. John Criswell, 3780 South Broadway, appeared before Council and was sworn in by the Clerk. Mr . Criswell stated • '. I • • ( ( • October 30, 1978 Page 5 •' • • • he was repr e senting Mr. and Mrs . Clinton Bush and Mr . and Mrs . Glenn McGeer who are prospective buyers of the property at 1485 West Tufts Avenue pending Council's decision to annex the land and zone it I-1. Mr. Criswell stated the Bushes and McGeers presently own and occupy a business, CM Distributors, Inc ., at 14 70 West Th omas Avenue . They want to buy the land at 1485 West Tufts and expand their business. Their business is a warehous- ing, packaging and redistribution operation which has no out- side storage and is self-contained. Mr . Criswell entered into the record a copy of the surv e y for the sub ject property. Mr. Criswell gave two reasons to support his request for the I-1 zoning : 1) the surrounding uses ar e industrial-he e ntered into the record a letter from HUD dated September 1, 1978 addressed to the Community Deve lopment indicating the area should be in- dustrial ; and 2) t h e Comprehensive Plan forecasts this area to be developed industrially. Mr. Criswell stated h is cli e nts are willing to dedicat e the the north thirty (30) feet of the pro - perty for a right -of-way for West Stan f ord Avenue inasmuch as they want access onto West Stanford Avenue . Mayor Tayl or asked if anyone else wished to speak in favor of the I-1 designation for 1485 West Tu f ts Avenue . Hearing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. Mrs . William Manning, 1540 West Tufts Avenue, appeared before Council and sworn in by the Clerk. Mrs. Manning stated she was against the I-1 zoning desi g nation b eca us e this would eve ntually devalue her property as well as ru in the appearance of her house . Mayor Taylor asked if anyone else wished to speak a g ainst the I-1 zon ing designation for 1485 West Tufts Avenue. No one responded . Mayor Taylor addressed the area located at 1600 West Tu f ts Av nue and asked if anyone wanted to speak in favor of the I-1 zoning designation. Charles Haskell, 3003 East 3rd Avenue, Denver, appeared before Council and was sworn in by the Clerk. Mr. Haskell stated h e was representing both the owners and the prospective buyer for the subject property. Mr . Haskell stated the prospective buy er, Verticel Company presently located at 3880 South Kalamath has outgrown their present location and wishes to build a one story building on the subject property. The buyer understands the pro- perty would be "down zoned" from the present I-2 in Arapahoe County to I-1 if annexed by the City of Englewood . Mayor Taylor asked i f anyone lse wished to speak in favor of the I-1 d signation for 1600 West Tufts Avenue . Hearing • 0 I • • • • October 30, 1978 Page 6 • • • no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the .motion . Upon a call of the roll, the vote resulted as follows: Ay es: Nays: Council Members Williams, Weber, Smith, Harper, Clayto n, Mann, Taylor . Non . The Mayor d clar d the motion carried . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUN- CIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll , th e vote resulted as follows : Ayes: Nays : Council Members Williams, Weber, Smith, Harp e r, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the meeting at 8 :00 p.m. • I • / ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 30, 1978 I b Th e City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on October 30 , 1978 , at 7:00 p.m. Mayor Taylor, presidin g, calle d the meeting to order. The invocation was given by Co un cilma n Don ald Smith . Th e Pledge of Allegiance was led by Mayor Taylor . Mayor Taylor asked for roll call . Upo n a call of the roll, the following wer e present: Council Members Williams, Weber , Smith, Ha rp e r, Clayton, Mann , Taylor . Absent : None . The Mayor declared a quorum present . Also present were: City Manager McCown * Assistant City Manager Curnes Assistant City Attorney DeWi tt Director of Community Develop- ment Wanush Deputy City Clerk Watkins * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- S IDER A SPECIAL EVENTS BEER, WINE AND LIQUOR LICENSE FOR A FUND RAISING HARVEST BALL TO BE HELD NOVEMBER 11, 1978 , IN THE BLUE MALL OF CINDERELLA CITY SPONSORED BY THE SMOKY HILL HIGH SCHOOL TRAIL BLAZERS . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, W b er, Smith , Harper, Clayton, Mann, Taylor . None . The Mayor declared the motion carried . Mayor Taylor asked if a representative from the Smoky Hill Hi gh School Trail Blazers was present to speak on behalf of the organization . • D I • - • October 30, 1978 Page 2 • • • Mr. Stuart McDonald, 2844 South Macon Circle, Aurora, appeared b efore Council as the represent ative for Smoky Hill High School Trail Blazers . Mr. McDonald e nt ered into the record a picture of the notice of public h earing si gn. Mr . McDonald re- quested that Council grant the special events permit liquor licen se. In respons e to Mayor Taylor's question, Deputy City Clerk Watkins confirmed the City Clerk's office has r e ceived all the necessary documents on Smoky Hill Trail Blazers and that all fees h ave been paid making the file complete . Mr . McDonald then answered several questions posed by Councilman Clayton relating to the special events permit request . Mayor Taylor asked if there was anyone else wishing to speak in favor of granting the special events permit to Smoky Hill High School. No one responded . Mayor Taylor asked if there was anyone wishing to sp eak against granting the permit. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor declar ed the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A SPECIAL EVENTS LICENSE TO SMOKY HILL HIGH SCHOOL TRAIL BLAZERS FOR NOVEMBER 11, 1978 IN CINDERELLA CITY FROM 8 :00 P.M. TO 12 :00 A.M. Councilman We ber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams , Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. **•k *** COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ZONING DESIGNATIONS FOR 1470, 1485 AND 1600 WEST TUFTS AVENUE. Councilman Weber seconded the motion • • I • • ( ( • Octob e r 30, 1978 Page 3 • • • COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ALLOWING ONLY 1470 AND 1485 WEST TUFTS AVENUE TO BE HEARD IN THE FIRST PUBLIC HEARING. Counc ilman Smith seconded the motion. Upon a call o f the roll, th e vote r es ulted as foll ow s: Ayes : Nays : Council Members Smith, Clayton. Council Members Williams, Weber, Harper, Mann, Taylor. The Mayo r declared the motion defeated . Upon a call of the roll, th e vote on th e original motion resulted as follows: Ayes : Nay s : Council Members Willi ams, Weber, Harper , Clayton, Mann, Ta ylor . Council Member Smit h. The Mayor declared the motion c a rr ied . Direc ter of Community Develo pment Wan u sh appeared be fo re Council and was sworn in by th e Clerk. Dir ector Wanush pr esent e d and enter e d into the r eco rd certification of postings, recomm e nda- tions from the City of Englewood's Pl a nning a nd Zoni ng Commission, staff reports, and findings of fa ct for each pi e ce of property involved in this zon i ng des ign atio n h ea ring. Dir e ctor Wanush stated each property own er has petitioned fo r a nnexation to the City and f or an I-1 zoning . Dir ector Wanu sh noted each parcel is cont iguous to the City o f Englewood and pointed out that I-1 zones pres e ntly surround these particular pieces of pro - pe rty. Director Wanush stated the Planning a nd Zoning Co mmission reconnn e nds all three parc els be zoned I-1 for the following rea- sons : 1) each prop erty would be an exte ns ion of an existing I-1 zon e within the present City of Englewood, 2 ) the general charact r of the area is indust r ial and would preclude a ny residential develop- ment, 3) the present Comprehensiv Plan indicates these areas are industrial. Director Wanush stated the zonin g of 1470 West Tufts Avenue to I-1 would place an industrial zone adjacent to a re- sidential area. Director Wanush stated the Planning and Zo n ing Connnission has placed certain conditions for the I-1 zon to minimize the impact of these two different zone s coming together . They are : 1) no bu i lding permit will be issued without a planned development; 2) there will be a minimum set back of twenty-five (25) feet from the west property line; 3) that the property line be screened; 4 ) there should be no entrance or loading dock west of any strucutre of property; 5 ) maximum height of structure should • 0 I • • n • October 30, 1978 Page 4 • • • not exceed twenty-five (25) feet; 6) all outside storage should be en closed with a solid fe nce ; and 7) any lighting facilities on the buildings should not shine or be reflected on any adjacent pro-perty. Director Wanush stated the Planning and Zoning Commis- sion recommends that 1485 West Tufts Avenue be zoned 1-1 without any conditions. Dir ec tor Wanush stated the property at 1600 West Tu fts Avenu e is presently zoned 1-2 in Arapahoe County where heavy in - dustry is a permitted use, e .g . auto shredders, If this area is taken into the City it would be "down zoned" to I-1 and auto shredders, foundries, etc . would be prohibited . Director Wanush conclud ed his presentation by stating each interested party whether he is the present owner or the prospective owner has specific plans for light industrial uses in these areas if Council decides to designate them as I-1. Mayor Taylor addressed the area of 1470 West Tu f ts Avenue and asked if anyone in the audience wished to speak in favor of desi g nating it I-1 . Fred Vonde, 4825 East Vassar Lane, Denv er, appeared before Council and sworn in by the Clerk . Mr . Vonde stated he was the attorney r epresenting Anthony Bovenzi and George Trani, property owners of 1470 West Tufts Avenue . Mr . Vonde stated Mr. Bovenzi and Mr . Trani presently have their own business in the City of Englewood but would like to have their own build- ing at 1470 West Tufts Avenue. Mr. Vonde stated these men have contacted an architect to design a new building that would not have any adverse effects on the surrounding three residential homes in the area . Mr. Vonde entered into th record pictures he had taken reflecting the natural geographic area as being industrial . Mr. Vonde stated he had a real estate agent look at the area and quoted the agent as saying, "the highest and best use would be industrial and it appeared inevitable for industrial development". Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1470 West Tufts Avenue. Hear- ing no respons e, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded . Mayor Taylor addressed the area located at 1485 West Tufts Avenue and asked if anyone wished to speak in favor of the I-1 zoning designation . John Criswell, 3780 South Broadway, appeared before Council and was sworn in by the Clerk. Mr. Criswell stated • \ 0 I • ( ( • Oc tober 30, 1978 Page 5 • • • he wa s representing Mr . and Mrs. Clinton Bu s h and Mr . and Mrs. Glenn McG eer who a r e prospective buyers o f the property at 1485 West Tufts Avenue pending Counc il 's d ecision to annex the land and zon e it I-1 . Mr. Criswell stated the Bushes and McGeers presently own and occupy a business, CM Distributors, I n c., at 1470 West Thom as Avenue . They want to buy the land at 14 8 5 West Tufts and expand their business . Their business is a warehous- ing, packaging and redistribution operation which has no out- side storage and is self-contained. Mr . Criswell entered into the record a copy of the survey f or the subject property . Mr . Cr i swell gave two r easons to support his r eques t for the I-1 zoning : 1) the surrounding us es are industr ial-he entered into the record a letter from HUD dat e d Sept em ber 1 , 1978 addressed to the Community De velopment i ndicat i ng the area should be in- dustrial ; and 2) th e Comprehensive Plan forecasts this area to be developed industrially. Mr. Criswell stated his clie nts are willing to dedicat e the the north th irty (30) feet of the pro- perty for a right-of-way fo r West Stanford Avenue inasmuch as they want acc ess onto West Stanford Av e nu e . Mayor Taylor asked if anyone else wished to speak in favor of the I -1 designation fo r 1485 We st Tufts Ave n ue . Hearing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designat ion . Mrs. William Manning, 1540 West Tufts Avenue, appeared before Council and sworn in by the Clerk . Mrs. Manning stated she was against the I-1 zoning designation because this would eventual ly devalue her property as well as ruin the appearance of her hous e . Mayor Taylor asked if anyone else wished to speak against the I-1 zoni ng d esignation for 1485 West Tufts Avenue . No one responded. Mayor Taylor addressed the area located at 1600 West Tufts Avenue and asked if anyon wanted to speak in favor of the 1-1 zoning designation. Charles Haskell, 3003 East 3rd Avenue, Denver, appeared before Council and was sworn in by the Clerk . Mr. Haskell stated he was representing both the owners and the prospective buyer for the subject property . Mr. Haskell stated the prospective buyer, Verticel Company presently located at 3880 South Kalamath has outgrown their present location and wishes to build a one story building on the subject property . The buyer understands the pro- perty would be "down zoned" from the present I-2 in Arapahoe County to I-1 if annexed by the City of Englewood . Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1600 West Tufts Avenue . Hearing • I • • n • • • October 30, 1978 Page 6 • • • no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUN- CIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the meeting at 8 :00 p.m. • 0 I • • • SPECIAL MEETING: • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Oc tober 30, 1978 I b Th e City Council of the City of Englewo od , Ar a pa h oe County, Colorado, met in special session on Octobe r 30, 1978, at 7:00 p.m . Mayor Taylor , pr esiding, called the meeti ng to ord e r. Th e invocation was given by Cou n cilman Donald Sm i th . Th e Pledge of Al legiance was led by Mayor Taylor . Mayor Taylor asked for r oll call. Upon a call of the roll, the following wer e present: Council M mbers Williams, Weber, Smith, Harper, Clayton , Mann, Taylor . Abs nt: None . The Mayor declared a quorum present . ***ic ** Also present were: City Manag r Mccow n Assistant City Manage r Curnes Assist a nt City Attorney DeWitt Director of Community Develop - ment Wanush Deputy City Clerk Wat kins *****ic COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEA RING TO CON- S IDER A SPECIAL EVENTS BEER, WINE AND LIQUOR LICENSE FOR A FUND RAISING HARV EST BALL TO BE HELD NOVEMBER 11, 1978, IN THE BLUE MALL OF CINDERELLA CITY SPONSORED BY THE SMOKY HILL HIGH SCHOOL TRAIL BLAZERS. Counc ilman Weber seconded the motion. Upon a call of the roll, th e vote r esulted as follows: Ay es : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Non • The Mayor declared the motion carried . Mayor Taylor asked if a representative from the Smoky Hill High School Trail Blazers was pr sent to speak on behalf of the organization. • I> I • • • October 30, 1978 Page 2 • • • Mr. Stuart McDonald, 2844 South Macon Circle, Aurora, appeared before Council as the representative for Smoky Hill High School Trail Blazers . Mr . McDonald entered into the record a picture of the notice of public hearing sign . Mr . McDonald re- quested that Council grant the special events permit liquor license . In response to Mayor Taylor's question, Deputy City Clerk Watkins confirmed the City Clerk's office has r e ceived all the necessary documents on Smoky Hill Trail Blazers and that all fees have been paid making the file complete . Mr. McDonald then answered several questions posed by Councilman Clayton relating to the special events permit request . Mayor Taylor asked if there was anyone el s e wishing to sp eak in favor of granting the special events permit to Smoky Hill High School. No one responded. Mayor Taylor asked if there was anyone wishing to speak against granting the permit. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Nays: None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A SPECIAL EVENTS LICENSE TO SMOKY HILL HIGH SCHOOL TRAIL BLAZERS FOR NOVEMBER 11, 1978 IN CINDERELLA CITY FROM 8 :00 P.M. TO 12 :00 A.M. Councilman We ber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. Non e . The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ZONING DESIGNATIONS FOR 1470, 1485 AND 1600 WEST TUFTS AVENUE. Councilman Weber seconded the motion • • I • ( ( ( • October 30. 1978 Page 3 • • - COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ALLOWING ONLY 1470 AND 1485 WEST TUFTS AVE NUE TO BE HEARD IN THE FIRST PUBLIC HEARING. Counc ilman Smith seconded the motion . Upo n a call of the rol l , the vote r es ul ted as follows: Ayes : Nays: Coun cil Members Smith, Clayton. Council Members Williams, Webe r, Harper, Ma nn , Taylor. The Mayor declared the motion defeated . Upon a call of the roll, th e vote on the original motion resulted as follows: Ayes: Nays: Council Members Williams , Weber, Harper, Clayton, Mann, Taylor. Council Member Smith . The Mayor declared the motion carried . Director of Community Development Wanush appeared b efore Counci l and was sworn in by the Clerk . Director Wan u sh presented and e nt ered into the record certification of postings, recommenda - tions from the City of En glewoo d's Planning and Zo ning Commission, staff r eports, and findings of fa ct for each piece of property involved in this zoning designation h earing . Director Wanush stated each prop erty owner has petitioned for annexation to the City and fo r an I-1 zoning . Director Wanu sh noted each parcel is contiguous to the City of Englewood and pointed out that I-1 zones presently surround these particular pieces of pro- perty . Director Wanush stated the Planning and Zo n ing Commission recommends all three parcels be zoned I-1 for the following rea- sons : 1) each property would be an extension of an existing I-1 zone within the present City of Englewood; 2) the general character of the area is industrial and would preclude any residential develop- ment, 3) the present Comprehensive Plan indicates these areas are industrial. Director Wanush stated the zoning of 1470 West Tufts Avenue to I-1 would place an industrial zone adjacent to a re- sidential area . Director Wanush stated the Planning and Zo n ing Commission has placed certain conditions for the I-1 z one to minimize the impact of these two different zones coming together . They are : 1 ) no building permit will be issued without a planned development; 2) there will be a minimum set back of twenty-five (25) feet from the west property line; 3) that the property line be screened; 4) there should be no ent rance or loading dock west of any strucutre of property; S) maximum height of structure should • I • • October 30, 1978 Page 4 .. • • • not exceed tw enty-five (25) feet; 6) all outside storage should be enclosed with a solid fence; and 7) any lighting facilities on the buildings should not shine or be reflected on any adjacent pro-perty. Director Wanush stated the Planning and Zoning Commis- sion recommends that 1485 West Tufts Av e nue be zoned 1-1 without any conditions . Dir ector Wanush stated the property at 1600 West Tu fts Avenue is presently zoned 1-2 in Arapahoe County where heavy in- dustry is a permitted use, e .g . auto shredders, If this area is taken into the City it would be "down zoned" to 1-1 and auto shredders, foundries, etc. would b e prohibited. Director Wanush concluded his presentation by stating each interested party whether he is the present owner or the prospective owner has specific plans for light industrial uses in these areas if Council decides to designate them as 1-1 . Mayor Taylor addressed the area of 1470 West Tufts Avenue and asked if anyone in the audience wished to speak in favor of designating it 1-1. Fred Vonde, 4825 East Vassar Lane, Denver, appeared before Council and sworn in by the Clerk. Mr. Vonde stated he was the attorney repr esenting Anthony Bovenzi and George Trani, property owners of 1470 West Tufts Avenue . Mr . Vond e stated Mr. Bovenzi and Mr . Trani pres ently have their own business in the City of Englewood but would like to have their own build- ing at 1470 West Tufts Avenue. Mr. Vonde stated these men have contacted an architect to design a new building that would not have any adverse effects on the surrounding three residential homes in the area. Mr. Vonde entered into the record pictures he had taken reflecting the natural geographic area as being industrial. Mr. Vonde stated he had a real estate agent look at the area and quoted the agent as saying, "the highest and best use would be industrial and it appeared inevitable for industrial development". Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1470 West Tufts Avenue. Hear- ing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. Mayor Taylor addressed the area located at 1485 West Tu f ts Avenue and asked if anyone wished to speak in favor of the 1-1 zoning designation. John Criswell, 3780 South Broadway, appeared before Council and was sworn in by the Clerk. Mr. Criswell stated • I • • n ( • October 30, 1978 Page 5 .. • • - he was representing Mr . and Mrs. Clinton Bush and Mr . and Mrs. Glenn McGeer who are prospective buyers of the property at 1485 West Tufts Avenue pending Council's decision to annex the land and zone it I-1 . Mr. Criswell stated the Bushes and McGeers presently own and occupy a business, CM Distributors, Inc., at 1470 West Thomas Avenue . They want to buy the land at 1485 West Tufts and expand their business . Their business is a warehous- ing, packaging and redistribution operation which has no out- side storage and is self-contained. Mr. Criswell entered into the record a copy of the surv ey for the subject property. Mr. Criswell gave two reasons to support his request for the I-1 zoning: 1) the surrounding uses are industrial-he entered into the record a letter from HUD dat e d September 1, 1978 addressed to the Community Development indicating the area should be in- dustrial; and 2) the Comprehensive Plan forecasts this area to be developed industrially. Mr. Criswell stated his clients are willing to dedicate the the north thirty (30) feet of the pro- perty for a right-of -way for West Stanford Avenue inasmuch as they want access onto West Stanford Avenue. Mayor Taylor asked i f anyone else wished to speak in favor of the I-1 designation for 1485 West Tufts Avenue. Hearing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. Mrs . William Manning, 1540 West before Council and sworn in by the Clerk . she was against the I-1 zoning designation eventually devalue her property as well as of her house. Tufts Avenue, appeared Mrs. Manning stated because this would ruin the appearance Mayor Taylor asked if anyone else wished to speak against the I-1 zoning designation for 1485 West Tufts Avenue. No one responded. Mayor Taylor addressed the area located at 1600 West Tufts Avenue and asked if anyone wanted to speak in favor of the I-1 zoning designation. Charles Haskell, 3003 East 3rd Avenue, Denver, appeared before Council and was sworn in by the Clerk. Mr. Haskell stated he was representing both the owners and the prospective buyer for the subject property . Mr. Haskell stated the prospective buyer, Verticel Company presently located at 3880 South Kalamath has outgrown their present location and wishes to build a one story building on the subject property. The buyer understands the pro- perty would be "down zoned" from the present I-2 in Arapahoe County to I-1 if annexed by the City of Englewood . Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1600 West Tufts Avenue. Hearing • I • • • October 30, 1978 Page 6 • • • no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None . The Mayor declared the motion carried . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUN- CIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None . The Mayor declared the motion carried and adjourned the meeting at 8 :00 p.m. ~~~~~ ty?irty-Cit)r 'thrk • I • • - ( ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Oct ober 30, 1978 I b The City Council of th e City of Englewood, Arapahoe County, Colorado, met in special session on Octob er 30, 1978, at 7:00 p .m. Mayor Taylor , presiding, called the meeting to ord e r . The invocation was given by Councilman Donald Smith . The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call . Upo n a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Absent : None. The Mayor declared a quorum present. * * '~ 1, * * Also present were: City Manager Mccow n Assistant City Manager Curnes Assistant City Attorney DeWitt Director of Community Develop -ment Wanush Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER A SPECIAL EVENTS BEER, WINE AND LIQUOR LICENSE FOR A FUND RAISING HARVEST BALL TO BE HELD NOVEMBER 11, 1978, IN THE BLUE MALL OF CINDERELLA CITY SPONSORED BY THE SMOKY HILL HIGH SCHOOL TRAIL BLAZERS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor declared the motion carried. Mayor Taylor asked if a representative from the Smoky Hill High School Trail Blazers was present to speak on behalf of the organization. • I • • • October 30, 1978 Page 2 • • - Mr. Stuart McDonald, 2844 South Macon Circle, Aurora, appeared before Council as the representative for Smoky Hill High School Trail Blazers. Mr . McDonald entered into the record a picture of the notice of public hearing sig n. Mr. McDonald re- quested that Council grant the special events permit liquor license . In response to Mayor Taylor's question, Deputy City Clerk Watkins confirmed the City Clerk's office has received all the necessary documents on Smoky Hill Trail Blazers and that all fees have been paid making the file complete . Mr . McDonald then answered several questions posed by Councilman Clayton relating to the special events permit request. Mayor Taylor asked if there was anyone else wishing to speak in favor of granting the special events permit to Smoky Hill High School . No one responded . Mayor Taylor asked if there was anyone wishing to speak against granting the permit . No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Williams , Weber, Smith, Harper, Clayton, Mann, Taylor. None . Th e Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A SPECIAL EVENTS LICENSE TO SMOKY HILL HIGH SCHOOL TRAIL BLAZERS FOR NOVEMBER 11, 1978 IN CINDERELLA CITY FROM 8 :00 P.M. TO 12 :00 A.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ZONING DESIGNATIONS FOR 1470, 1485 AND 1600 WEST TUFTS AVENUE. Councilman Weber seconded the motion . • I • • ( • October 30, 1978 Page 3 • • - COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ALLOWING ONLY 1470 AND 1485 WEST TUFTS AVENUE TO BE HEARD IN THE FIRST PUBLIC HEARING . Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Clayton . Council Members Williams, Weber, Harper, Mann, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vot on the original motion resulted as follows: Ayes : Nays: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. The Mayor declared the motion carried . Director of Community Development Wanush appeared before Council and was sworn in by the Clerk . Director Wanush pr esented and entered into the record certification of postings, recommenda- tions from the City of Englewood's Planning and Zoni ng Commission, staff reports, and findings of fact for each piece of property involved in this zoning designation hearing. Director Wanush stated each property owner has petitioned for annexation to the City and fo r an I-1 zoning. Director Wanush noted each parcel is contiguous to the City of Englewood and pointed out that I-1 zo nes presently surround these particular pieces of pro- perty. Director Wanush stated the Planning and Zo ning Commission recommends all three parcels be zoned I-1 for the following rea- sons : 1) each property would be an extension of an existing I-1 zone within the present City of Englewood; 2) the general character of the area is industrial and would preclude a ny residential develop- ment, 3) the present Comprehensive Plan indicates these areas are industrial . Director Wanush stated the zoning of 1470 West Tufts Avenue to I-1 would place an industrial zone adjacent to a re- sidential area . Director Wanush stated the Planning and Zoning Commission has placed certain conditions for the I-1 zone to minimize the impact of these two different zones coming together. They are : 1) no building permit will be issued without a planned development; 2) there will be a minimum set back of twenty-five (25) feet from the west property line; 3) that the property line be screened; 4) there should be no entrance or loading dock west of any strucutre of property; 5) maximum height of structure should • I • October 30 , 1978 Page 4 • • - not e xc eed twenty-five (25) feet; 6) al l outside storage should be enclosed with a solid fence; and 7) any li g hting faci l ities on the buildings should not shin e or b e reflected on a ny adjacent pro-perty . Director Wanush stated the Plannin g a nd Zoning Commis - sion r e commends that 1485 West Tu fts Av e nu e b e zoned 1-1 wi thout any conditions . Dir ecto r Wanush stated the prop e rt y at 1600 West Tufts Ave nu e is presently zoned I-2 in Arapahoe County wh ere heavy in - dustry is a permitted us e, e .g . a uto shredd e rs, If this area is t aken into the City it would be "down zoned" to 1 -1 and auto shredders, foundries, etc. would be prohibited . Dir e c tor Wanush concluded his pr esentat ion by stating eac h interested party whether he is the present owner or the prospective owner has spe ci fic plans for light industrial uses i n these areas if Council d eci des to desi g n ate them as I-1 . Mayor Taylor addressed the area of 1470 Wes t Tu f ts Avenu e and asked if anyone in the a udience wished to speak in favor of design ating it I-1 . Fred Vond e , 4825 East Vassa r Lan e, Denver , appeared b efor e Council and sworn in b y the Clerk . Mr . Vond e stated he was the attorney r e pre s e nting Anthony Boven zi and George Trani, property owners of 1470 West Tufts Avenue. Mr . Vonde stated Mr. Bovenzi and Mr . Trani pr esently have th ei r own business in t h e City o f Englewood bu t woul d like to have their own build- ing at 1470 West Tufts Avenue. Mr. Vonde stated these men have contacted an architect to design a new building that would not have any adverse effects on the surrounding three residential homes in the area . Mr . Vonde e ntered into the record pict ures he had taken reflecting the natural geographic area as being industrial . Mr . Vonde stated he had a real estate agent look at the area and quoted the agent as saying, "the highest and best use wou ld be industrial and it appeared inevitable for industrial development". Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1470 West Tufts Avenue . Hear- ing no response, Mayor Taylor asked if anyone wished to speak agai nst the I-1 designation. No one responded . Mayor Taylor addressed the area located at 1485 West Tufts Avenue and asked if anyone wished to speak in favor of the I-1 zoning designation. John Criswell, 3780 South Broadway, appeared before Council and was sworn in by the Clerk. Mr . Criswell stated • I • • ( • October 30, 1978 Page 5 • • - he was representing Mr. and Mrs. Clinton Bush and Mr. and Mrs. Glenn McGeer who are prospective buyers of the property at 1485 West Tufts Avenue pending Council's decision to annex the land and zone it I-1. Mr. Criswell stated the Bushes and McGeers presently own and occupy a business, CM Distributors, Inc., at 1470 West Thomas Avenue. They want to buy the land at 1485 West Tufts and expand their business. Their business is a warehous- ing, packaging and redistribution operation which has no out- side storage and is self-contained. Mr. Criswell entered into the record a copy of the survey for the subject property. Mr. Criswell gave two reasons to support his request for the I-1 zoning: 1) the surrounding uses are industrial•he entered into the record a letter from HUD dated September 1, 1978 addressed to the Community Development indicating the area should be in- dustrial; and 2) the Comprehensive Plan forecasts this area to be developed industrially. Mr. Criswell stated his clients are willing to dedicate the the north thirty (30) feet of the pro- perty for a right-of-way for West Stanford Avenue inasmuch as they want access onto West Stanford Avenue. Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1485 West Tufts Avenue. Hearing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. Mrs. William Manning, 1540 West Tufts Avenue, appeared before Council and sworn in by the Clerk. Mrs. Manning stated she was against the I-1 zoning designation because this would eventually devalue her property as well as ruin the appearance of her house. Mayor Taylor asked if anyone else wished to speak against the I-1 zoning designation for 1485 West Tufts Avenue. No one responded. Mayor Taylor addressed the area located at 1600 West Tufts Avenue and asked if anyone wanted to speak in favor of the I-1 zoning designation. Charles Haskell, 3003 East 3rd Avenue, Denver, appeared before Council and was sworn in by the Clerk. Mr. Haskell stated he was representing both the owners and the prospective buyer for the subject property. Mr. Haskell stated the prospective buyer, Verticel Company presently located at 3880 South Kalamath has outgrown their present location and wishes to build a one story building on the subject property. The buyer understands the pro- perty would be "down zoned" from the present I-2 in Arapahoe County to I-1 if annexed by the City of Englewood. Mayor Taylor asked if anyone else wished to speak in f avor of the I-1 designation f or 1600 West Tuf t s Avenue. Hearing • I • • October 30, 1978 Page 6 .. • • - no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUN- CIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the meeting at 8 :00 p.m. • :' I . ( c • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Oc tober 30, 1978 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on Octob e r 30, 1978, at 7:00 p .m. Mayor Taylor , presiding, called the meeti ng to order . The invocation was given by Councilman Donald Smi th . The Pledg e of Al legia nc e was led by Mayor Taylor . Mayor Taylor asked for roll call. Upon a call of the roll, the fo llow ing we r e present: Council Members Williams, Web er, Smith, Harper, Clayton, Mann, Taylor. Absent : Non e . The Mayor decla r e d a quorum pres e nt . * * * * * * Also pr ese nt wer e: City Manager McCown Assistant City Manager Curn es Assistant City Attorney DeWitt Director of Community Develop- ment Wanu sh Deputy City Cl e rk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CON- S IDER A SPECIAL EVENTS BEER, WINE AND LIQUOR LICENSE FOR A FUND RAISING HARVEST BALL TO BE HELD NOVEMBER 11, 1978, IN THE BLUE MALL OF CINDERELLA CITY SPONSORED BY THE SMOKY HILL HIGH SCHOOL TRAIL BLAZERS . Councilman Weber seconded the motion . Upon a call of the roll, the vot e resulted as follows : Ay es: Nays : Council Members Willi ams, Web r, Smith, Harper, Clayton, Mann, Taylor . Non e . The Mayor declared the motion carried. Mayor Taylor asked if a representative from the Smoky Hill High School Trail Blazers was present to speak on behalf of the organization. • I • - • October 30, 1978 Page 2 • • • Mr. Stuart McDonald, 2844 South Macon Circle, Aurora, appeared before Council as the representative for Smoky Hill High School Trail Blazers. Mr. McDonald entered into the record a picture of the notice of public hearing sign. Mr. McDonald re- quested that Council grant the special events permit liquor license. In response to Mayor Taylor's question, Deputy City Clerk Watkins confirmed the City Clerk's office has received all the necessary documents on Smoky Hill Trail Blazers and that all fees hav e been paid making the f ile complete. Mr. McDonald then answered several questions posed by Councilman Clayton relating to the special events permit requ est . Mayor Taylor asked if there was anyone else wishing to speak in favor of granting the special events permit to Smoky Hill High School. No one responded. Mayor Taylor asked if there was anyone wishing to speak against granting the permit. No one responded . COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harp e r, Clayton, Mann, Taylor. None . Th e Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A SPECIAL EVENTS LICENSE TO SMOKY HILL HIGH SCHOOL TRAIL BLAZERS FOR NOVEMBER 11, 1978 IN CINDERELLA CITY FROM 8 :00 P.M. TO 12 :00 A.M. Councilman We ber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ZONING DESIGNATIONS FOR 1470, 1485 AND 1600 WEST TUrrs AVENUE. Councilman Weber seconded the motion . • I • ( ( ( • Octob r 30, 1978 Page 3 .. • • • COUNCILMAN CLAYTON MOVED TO AMEN D THE MOTION BY ALLOWIN G ONLY 1470 AND 1485 WEST TUFTS AVENUE TO BE HEARD IN THE FIRST PUBLIC HEARING . Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Clayton. Council Members Williams, Weber, Harper, Mann, Taylor . The Mayor declared the motion defeated . Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor . Council Member Smith. The Mayor declared the motion carried . Director of Community Development Wanush appeared before Council and was sworn in by the Clerk . Director Wanush presented and entered into the record certification of postings, recommenda- tions from the City of Englewood's Planning and Zoning Commission, staff reports, and findings of fact for each piece of property involved in this zoning designation hearing . Director Wanush stated each property owner has petitioned for annexation to the City and for an I-1 zoning. Director Wanush noted each parcel is contiguous to the City of Englewood and pointed out that I-1 zones presently surround these particular pieces of pro- perty. Director Wanush stated the Planning and Zoning Commission recommends all three parcels be zoned I-1 for the following rea- sons : 1) each property would be an extension of an existing I-1 zone within the present City of Englewood; 2) the general character of the area is industrial and would preclude any residential develop- ment, 3) the present Comprehensive Plan indicates these areas are ind us tria 1. Director Wanush stated the zoning of 1470 West Tufts Avenue to I-1 would place an ind ustrial zone adjacent to a re- sidential area. Director Wanush stated the Planning and Zoning Commission has placed certain conditions for the I-1 zone to minimize the impact of these two different zones coming together. They are: 1) no building permit will be issued without a planned development; 2) there will be a minimum set back of twenty-five (25) feet from the west property line; 3) that the property line be screened; 4) there should be no entrance or loading dock west of any strucutre of property; 5) maximum height of structure should • 0 I • • • October 30, 1978 Page 4 ,. • • - not exceed twenty-five (25) feet; 6) all outside storage should be enclosed with a solid fence; and 7) any lighting facilities on the buildings should not shine or be reflected on any adjacent pro-perty. Director Wanush stated the Planning and Zoning Commis- sion recommends that 1485 West Tufts Avenue be zoned I-1 without any conditions. Director Wanush stated the property at 1600 West Tufts Avenue is presently zoned I-2 in Arapahoe County where heavy in- dustry is a permitted use, e.g. auto shredders, If this area is taken into the City it would be "down zoned" to I-1 and auto shredders, foundries, etc. would be prohibited. Director Wanush concluded his presentation by stating each interested party whether he is the present owner or the prospective owner has specific plans for light industrial uses in these areas if Council decides to designate them as I-1. Mayor Taylor addressed the area of 1470 West Tufts Avenue and asked if anyone in the audience wished to speak in favor of designating it I-1. Fred Vonde, 4825 East Vassar Lane, Denver, appeared before Council and sworn in by the Clerk. Mr . Vonde stated he was the attorney representing Anthony Boven zi and George Trani, property owners of 1470 West Tufts Avenue. Mr. Vonde stated Mr. Bovenzi and Mr. Trani _presently have their own business in the City of Englewood but would like to have their own build- ing at 1470 West Tufts Avenue. Mr. Vonde stated these men have contacted an architect to design a new building that would not have any adverse effects on the surrounding three residential homes in the area. Mr. Vonde entered into the record pictures he had taken reflecting the natural geographic area as being industrial . Mr . Vonde stated he had a real estate agent look at the area and quoted the agent as saying, "the highest and best use would be industrial and it appeared inevitable for industrial development". Mayor Taylor asked if anyone else wished to speak in favor of the I-1 designation for 1470 West Tufts Avenue. Hear- ing no response, Mayor Taylor asked if anyone wished to speak against the I-1 designation. No one responded. Mayor Taylor addressed the area located at 1485 West Tufts Avenue and asked if anyone wished to speak in favor of the I-1 zoning designation. John Criswell, 3780 South Broadway, appeared before Council and was sworn in by the Clerk. Mr. Criswell stated • I • • ( • Oc t ob e r 30, 1978 Pa ge 5 • • - he was repr e senting Mr. and Mrs. Clinton Bush and Mr . and Mrs . Glenn McGe e r who are prospective buyers o f the property at 148 5 West Tufts Av e nue pending Council's d e cision to annex the land a n d zone it I -1 . Mr . Criswell stated the Bushes and McGeers presently own and occupy a business, CM Distributors, Inc ., at 1470 West Th omas Aven ue . They want to buy the land at 148 5 West Tufts a n d expand their business . Th e ir business is a warehous - ing, packaging and r e distribution op e r a t io n which has no out - sid e storag e and is self-contain e d . Mr. Crisw e ll ent e red into th e r e cord a copy of the survey f or th e s ub ject property. Mr. Cr i sw e ll gav e two r e ason s to suppor t his r e qu e st f or th e I -1 zon i n g: 1) the surrounding us e s ar e i ndu st r ia l -h e e nter e d into th e r e cord a letter from HUD dat e d S e pt e mb e r 1 , 1978 address e d t o th e Community Dev elopment ind i c a t i n g th e a r ea should b e in- du str ia l ; and 2 ) the Compreh e nsive P l an foreca sts this ar e a to b e d eve lop e d indus t rially. Mr. Crisw e ll stated h is cli e nt s ar e will i ng to dedicat e the the north th i r t y (30) f eet o f the pro - p e rty f or a rig ht-o f -way for We st St a n f ord Avenu e i nasmuch a s th ey wa nt a cc e s s onto We st Stanford Avenu e . Ma yor Taylor asked i f anyon e e ls e wished to s pea k i n favor of th e I-1 design ation for 1485 West Tu f ts Av e nue. Hea r i n g no response, Mayor Taylor ask e d i f anyone wish e d to s pea k a gai ns t th e I-1 d e sig n a tion . Mrs . William Manning, 1540 We st Tu f ts Avenu e, ap p ea r ed befor e Counci l and sworn i n by t h e Cle rk. Mr s . Ma nn i n g stated sh e was a gai nst th e I-1 z on i n g d e s ign a tion b eca us e this would e ventually d evalu e h e r prop e r t y a s we l l a s r ui n the a pp eara n ce of h e r hous e . Mayor Taylor asked if a n yone else wished to speak against the I -1 zon i n g design atio n for 148 5 West Tufts Avenue . No one res p o n ded . Mayor Taylor addressed the area located at 1600 West Tufts Avenue and asked if a n yone wanted to speak in favor of the I-1 zoning designation. Charles Haskell, 300 3 East 3rd Avenue, Denver, appeared before Council and was s wo rn i n b y the Clerk. Mr . Haskell stated he was represen ting both the o wn ers a n d t h e pros p ective buyer for the subject property . Mr . Haskell stated the p r ospective buyer, Verticel Company p r esently l o cated at 3880 So u th Kalamath h as outgrown their presen t locatio n a n d wis h es to build a one story buildin g on the subject p ro p er t y . T h e b u yer u n derstands the pro- pe r ty wo u ld b e "dow n zo n e d" f r om t h e p resen t I-2 in Arapahoe Coun ty to I-1 if annexed by the City of Englewood . Mayor Taylor asked if anyon e else wished to speak in favor of the I-1 designation for 1600 West Tufts Avenue. Hearing • I • • - • Octobe r 30, 1978 Page 6 '. • • • no response , Mayor Taylor asked if anyone wis hed t o speak against the I-1 designation. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Wil l iams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUN - CIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the meeting at 8 :00 p.m. ~1 ~~Y~ ~y-Ci't-y 'Cht-k • I • • • • • ' ,I --~~-=·-- ~.(); C..l (UL, -11 . . u ?'lr J /C-J'D-·7~ ROLL CALL • 7 ; tJ-o f JU . Moved Seconded W1111ami: f'.C: Ave U-L-;r "'lffr. ~arnor C1avton Mann 1 Mavoria y_1.,9!:.J_ o Jv Q( 1-u l -2t._) a -vt..u ) L ~u)~ ~u~ /)1 ( uu )u Nav • -.. Abstain Absent I . . • • • ROLL CALL Hoved Seconded .I Aye Nay Abs ta fn Absent Wi 1111l mi; ....,_. '-" w .. h .. r {/' :>m1t.r. v Ml\roirr_ v---Clayton ""' Hann ~ MayorTalJE U ~ I . • • - • • I, __ _ -. ROLL CALL Moved Seconded Ave Nav Abstain Absent Wil lf ami; <..J,_., j;-v U41.4~ v sm1l;r. ~ M'\ro~ ~ Clavton L---" v Hann I v-- Mayor Ta '.'.~Er I I./ l a. I . • • • - • • ,/ ROLL CALL Moved Seconded A \Ye Nav Abstain Absent Williams '/--" ufti..ft~ ::.m1 tr. Ml!.rD~ Clavton Mann MayQrla~EU /71c fei1a "ii, Juo1-ni2JJ'-du,u.,, J/1 id<,:/- I . • --(!L,..;t 1 tu le a-L Ullv .~ l4Z: ,,,_,__) 7i Jc J0i di_ ~<-4 I ad cy. cz 1/i1t , ,,_ ~ • • • - • .. • -.. ROLL CALL Moved Second d A e we Nay Abs ta fn Absent Wil l1 ams *"" u-i..-~ .>Ill ltr. Haroi>r Clavton Hann I Mayor ra y_1_£:r • • I . • • • • • • ROLL CALL H d S ove d d econ e A we N av Ab ta1 s n Ab t sen v--W1111 ~ J./' v u .. h .... v-- ;)llljtl1 i...--- ~ .... "ll-. J.,- Clavton v- Mann v-- Mavor Ta y] .9!:...l ,,_- I • • • • • • • • • • ROLL CALL •Ye av Abstain Absent /,/ Williams <;L....: v- Moved Seconded A N ~ ufti.--1~ .>tlllt.11 I~ M"rn~ v-- Clavton I.,/ Mann d i..-----Mayor Ta yJE r ,__,.,- .~I JJ~ /'~JI~ /I-I -~;_, C[J g; fJ o J , Y) (CJ. : O 0 a . rJ-< . • I . • • - • • ROLL CALL Moved Seco d d n e Ave Nav ~ Williams ..;., Abs ta fn Absent .,,...-u-'--- :>m1t:r. lbrn~ Clavton Mann Mavor Ta y_1 r.r i • • I . • • - • • ROLL CALL Hoved Seco d d n e Ave Will i!ms Nav Abstain Absent ] '--' V" ufto....,,. v-:lm1tr. ' - v--Ml\rou__ //-Clavton I=:; Mann i ,_ "layor Ta y_1_£:r t- Cl/)'1 1,V>~ 1-LL--0-L ;110 cf-ltif.s---0'?~ -u I . • • • - • .. - ---~- ROLL CALL Hoved s I econded Wi 1 'ffims _-c;--_-Ave Nav Abstain ~ v-Absent 1.1-L - ~ v - :sm1t r. - ~ .. LI~ ,___ ~ ,___ - C1avton ·~ t--- I Mann 1 - 1 ~aver laV'rCif:L '-" - -..!_ -' ·-'-" I - I . • • • • • • --' ,/ RO LL CALL Hoed S dd v econ e Ave Nav Abstain Absent W1111am~ u .. i. .... :>1111 t r. Haroirr_ Clavton Hann i Mayor Ta y~_E r I . • • • • • - --'-"'---- RO LL CALL Moved Seconded Wi 11 iams A 1ye N ay Ab t f s a n Ab t sen -_Meber _:,mn r. H"lroirr_ Clavton Mann L MayorT~y}E U • I • • • - --_,,,_ ROLL CALL M d S d d A N Ab taf ove econ e 1ye ay s n sen Wi 11 1 am·.~ __ f: Ab t WPhor _:.mar. --Ha.I:D~ Cl a_yton Mann L l'layorTiiYi or I !1-!S I . • • • • - • • ROLL CALL Moved Second d e A Ive Nav Abs ta fn Absent Wil1iam,o; ~ Uftl.ft~ ~m1tr. u~~"i:r.._ Clavton Mann d Mayor Ta y~ Er _ I . • • • • • • . _.L _ _,__ ---·~ ROLL CALL Moved Seconded A Williams -~ we Nav Abstain Absent Wftl..ft :>m·1tr. M'\rD~ Clavton Mann L Mayor T~~J_ I . . • • • • • RO LL CALL M ed S d d A N Ab Ab t OY econ e we av Sta n sen Williams ct-...... ,__,-W1>h1>r v l...-:>mn r: i----- ~ .... n~ L- Clavton ,_.,.....- Mann L V- Maver TiiY.'.l EU v- • • I • • • • • - • • RO LL CALL Movec¥ Seconded Wi1 1 111m ~ Aye Nay Abstain Absent v L v w .. i.. .. r :>m1t r. Haro~ Clayton Mann I Mayor Ta y~ E ~ • • • I . • • ( • • • • AGENDA FOR THE PUBLIC HEARING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 30, 1978 7 :00 P.M . Call to order, invoc ation , pledge of allegiance and roll call. 1 . Public Hearings. ~(a) v{b) v <c) (d ) To consider a spec ia l even t s b eer , wi ne and liquor license for a fund raising Ha rvest Ball to be held No v ember 1 1 , 1978 in the Blue Mall of Cindere l la Ci ty sponsor ed by the Smoky Hill High School Trail Bla zers. (Copies enclo ~ed.) To consider z oning designations f or 1470 West Tufts Aven ue . (Copies enclos e d .) To c o nsider zoning d e s ign ations for 1485 West Tufts Avenue. (Co p ies enc losed.) To consider zoning design ations for 1600 West Tufts Avenue . (Copies enclosed .) 2. Adjournment. J~.OefA"' {/f~{/~f,£,(1· Cit'Y Manager • I • • • • • .. • COUNCIL ACTIO N REQUES T LIQUOR AND J.2 BEER OUTLET S APPLIC~: Smoky Hill High School Trail Blazers 16100 E . Smoky Rill Road Aurora, CO TYPE OF ACTION REQUESTED: Public Hearing Special Eve nts Permit -Bee r, Wine, Liquor November 11 , 1978 -Cinderella Cit y POLICE AND FBI REPORTS: N/A PREVIOUS CITY COUNCIL ACTI ONS DU RING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY 'S REVIEW : CQ}.M:NTS: • l A I . -• • • DAL 439 (Rev . 10/771 ST ATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR SPECIAL EVENTS PERMIT LIDUDR ENf-OR CEMENT OFFI CERS ~t TIDN D.ite OI SA PPROVl.0 ------------ D.-ite INSTRUCTIONS Answer all questions on th is application, then get the approval o f your local licensing authority (see last page) ar.d also the ;ipp1oval of your Colo ra do liquor cnforcemen1 officer Then mall this comple ted apphcauon with proper fee 10 the Colorado Department of Revenue , State Capitol Annel( Budding, 1375 She1mftn Street. Denver. Colorado, 80261. Telepho ne (3031839-3741. L1 ce n5.ee l c1eo11 one Numoer Officer's S1qnature ND PERMIT WI LL BE GRANTED UNTIL THIS APPLIC A TION HAS BEEN APPR OVED BY YOUR LOCAL LICENSING AUTHORITY AND YOUR LIQUOR ENFORCEMENT OFFICER ' Colorado fees are 3 2'ltt Beer --$10.00 per day ; Beer , Wine and Liquor -$25 00 per day Your local licensin g au thont y wdl indicate the am ount of their f~e l • l rl~\\O \ \It,\! u.· P11r11 •• 1m /11kor I {\\"f/lt('fl What tyµe of permit a1e you applying f w) n 3 2% Beer )'{Beer , Wine and L iqu or 1. 2. 3 5 6 Applicant 51WKi H 111 14 ic l , . ) ~Y fu..c . / ft'<.""i I b ~~-z~"f elephone Number T ra de Name {1f any)----------------------------------------- Address 'Swc b ;,I ff,({ rJ1 cft Sc·{l<-<·/ City A .. l'<C\"3 County A 1 ;_""-/~:i/l(,c;:_ Colorado Address o f place to ha ve tempora1y permit. (EXACT LOCATION OF PREMISES MUST BE GIV EN .I G ive st1eet and number i f possible . If ritace is located in a town 0r rural c11stnct where i t 1s i mposs ible 10 giv~ street and number, the lot and block number 01 part of sec-11 \1•1 w here loca t ed must be given . Cwc le l"E r (?'> EiAc ;,fe , 1 )C C c / Co u n ty Colorado . The EXAt;~· ddte{sl l or which appl1ca11o n IS bemg made for per mn {no m ore t han t wo days) Frum .\. 1i;'Y1 1 // 1c-17\ Yee /}(.(,( 10 ct0 ~'. I f /<[ 7) Date I Hou1 r Date I /2 .c <·Cti\ H our / Fr u m----~---------------0.tte H rmr tO -------,o~.~,.,----------~ .. ~o~u,,--------- Do y ou have legal po~scss1on of tlw premises fo1 which this ctppl1cdt1on is m adeJ ---~~~·--~"~4 .. ·e_·_::. _________ _ Is ap pli cant organ 1za t1on incornor dtPd unc1rr the ldWS of this !ttdtfl frn pwposes of d soc1dl, fraternal , pa triotic, political , or at hletic nature , no t for pecun1dfy qJ11i, 01 1s 11 a u·qularl y chJrtert1'd branch . lodqP , 01 chapter of a national o rgan1Zdt1on or ~~ty organized for such pwposPs . IJ-"mq non profit in naturr or i s 1t a rellg 1o u~ 01 phi1Jnth1op1c 1ns t1tut1 onl' JX Yes l No 8 I f the applicant 1s an 01qani1at1on 111corpo1atPd 1n this qa tP for "non pecuniary" (non profit) nurposes , answer (di. (b) and (c) lo) Orgarn1ed under the ldws of tht State of (;2 IC1'C'V;j() D ate {h) Prmc1palhuStness1sconctuctedat )ii((,,bi dill ft(cf! "); f;c.c ./.county /1\'?j\ {<c.,e {c) Complete the l ollow1ng m detatl TITL.E BIRTH DATE PRESIDENT VICE PRES TREASURER SECRETARY MANAGER 9 Are the e•isting licensed facilities of appl•c•nt orgarnza t1 on tnda,.d !!!'l uate f or 'Nv1nq rnembefS o r guest of the O"Jdn11at1on by reason o f the nature o f the special event which is schedulrdl P'l Y ' I No • • I n - • ( 10. 11 • • .. • Are th e prer,!l~S for which dpplica tion_ is mdtle now licensed under the State L iquor L ., ... , or the 3 .2% Beer A~t 1 1 Ye s ,.31 No If yes , to whom " the license issued? Sta t e License N urnhrr Has any specia l even ts permit been issued To you within the cu rrent calenc.lar yeilr' If ye s, for how many days? /hr /ollt11\•f/1 Af(idu~ll l\ to flt ~uonl11t1J .1,Jmowl ct/f('i/h1 • ,m ·,, ·m STATE OF COLORADO l Coun ty o f A rap,=, {\ue J SS . and ,\EH~L1 \A/ lS-ks lg by me first duly sworn. 1f f c /~se lt . c1e pose s and sa y s, th a ~s the appli - cant above named ; or th a ~i s :-.. '<' o f th e al>ove na m ec1 corpo r at ion . thatkhas read the fore going appl ica t ion and tha~knows the contents therP.o f , d th at all mattc1s and t h ings therein se t f orth are true o f his own kno w · ledge , an*agrees to con f o rm to all rules and regulation s prom ulgat ed by the DEP ARTMENT OF RE V ENUE IN CONN ECTION THEREWITH ~U B ~CHIBEO AND SWOR N T O BEFORE ME THIS DAV OF __ _..(-'•.-'('--'-(-<_,i._·;..-'r.__X.__· ------ c ~t-~-: S i g nature o f N o tar y Publlr. (Attac h S 1·a11 MY COMM ISS I ON EXPIRES ..Ml_Com missicn [XOliC:\ !ar.. ~,L .r L.~~~~~~~~~~~~~~~~~~~ INSTRUCT I ON S I f the p re m ises are locat ed w1th1n a c11v or t o wn, tlie approval shown below should be signed Uv the M avor and Clerk If the p1 em1ses a1·e located 1n a co unty , then t his app roval should be si gned bv the Cha1rman o f he Board of Co unty Comm1ssmners and the Clerk to the Bo ard If. bv o rdinance 01 otherwise , the local licensing autho nty is so me other off1c1at , then su ch approval should be signed by su ch offlc1al REPORT ANO APPROVAL OF LOC AL LICENSING AUTHORITY The foregoing application ha s been examined an d the premises . business conduct ed and charac t er o f the applicant is satisfactory anc1 we do report that such permi t , if granted, will co mply with the provision o f T itle 12 , A1 ucle 48 . C R .S 1973 , as am ended There f ore the foregoing application is hereby apµroved DATED AT -----------THIS ---------- NAME OF TOWN, CITY OR COUNTY BY ATTEST • DAY OF ------------,AD 19 --- Mayor 0 1 Chalfman ot B oard of County Comm1ss1011cri or l 1t1i-o f Otne1 L1ce1u1nq Autnooty C1e r1ot 01 Secreurv or Other Office H•v1n9 Oft1c1.>I se al of the L1cens1n9 Author1tv • • I • • • October 25, 197~ Stuart McDonald 2844 S. Macon Circle Aurora, CO 80014 Dear Mr. McDonald: • • • The City of ~ublewood has reviewed the application for a Special Events ~ermit for beer, wine, and liquor made by the Swokf Hill Hi6h School Trailblazers. All fees have been paid and all documents have been submitted. The a~tilication will be coJnsidered by the Englewood City Council on October 30, 1978 (Monday), at 7:00 p.m. in the Council Cha&Dbers in City Hall. Please have a represent- ative frow your or&anization present at the hearing. If you have any more questions ab~ut your application, ple&H call me. Cordially, Eric E. Johannisson Revenue Chief EEJ/jlw • I • ( ( • • • • New Engkwood, ltd. City of Eng lewood 3400 South Elati Englewood, Colo rad o 80ll0 Attention: Mr. And y Mccown City Manager Dear Mr. McCown: October 16, 1978 p( l I 197R This letter is to co nfirm that Ne w Englewood, Ltd. will allow the Smoky Hill High School Swing Band Comm i t tee to sell beer, wine and liquor during their Swing Band Concert t o be held o n Nov e mber ll, 1978, from 9:00 P .M. til Midnight, in the Blue ~all at Cindere lla City New Englewood, Ltd. is plea sed to offer the use of Cinderella City for this afte r-hours activity, and wishes the chai rman, Mr. Stuart Mc Donald, the best of lu ck with th ese fund-raising efforts . DFZ/slb cc: Gerri Von Frellick Mr. Stuart Mc Don a ld 2844 S . Macon Ci r c le Aurora, Colorado 80014 Sincerely yours, NrNGLEWOOD, _LTD. ' c_-/I • I ( ((; / Da niel F . ZambE11-li / // t(( (( Vice-Pres~!;" and General Ma na g e r Englewood Mer c hant s Associa t ion P . 0 . BOX 1495, ENGLEWOOD, COLORADO 80150 -303 -761-6800 • I • • - ( • • Mr. Wi l l i am D. J ame s , City Clerk Ci t y of Eng lewoo d 3400 S . Elati Englewood, Colorado 8 0 014 De a r Mr. Jame s : • • - 2 844 S . Macon Ci r . Auro r a , Co lo r a do 80014 October 25 , 1978 The "BIG BUFF BAND " fr om Smok y Hill Hi gh Scho ol h a s been inv ite d to partici pate in the Revo l ution Day celeb- ration in Maza t lan, Mexico . Th e c o s t of flying one hund- r ed f i f ty b a nd membe r s , advio ors and chape r one s to ~a za l an a nd bac k plu s hou sing wh ile there c ome s t o a s tagge r- ing 8 30 ,000 .0 0 . To raise the money band mem bers and thei r pa rent s h a ve e n g a ged i n a wh ol e r aft of f und r a i s ing a ct- i v i tie s rang ing from s e lling "Gol d C" bo oks a nd magazi n e sub scriptions t o a "Bu f falo Stampede and F e e d ". But, the thi ng a ba nd d o es b e s t i s p lay musi c. So , fo r t h e c a p s t one of ou r fund raising a ctivities we wi ll b e ha v ing a "HA RV EST BA LL" Novemb e r 11th at Cindere lla Ci ty fe aturing the a wa r d wi nning Smo ky Hi ll Jazz Ban d . Cinderella City is the on ly facility with appr op r iate decor of suitable size to accom o date s u ch a func t ion . Although Cin d erella City is a dry mall they hav e giv en t h e Smok y Hill Band Boosters organization permission to secure a win e , be er a d liquor license for t his occasion. Vie g r eatly appreci a te the sunport and co operation we ha v e r e ceived from the ma nagement of CindPrella City and th e off icials of the Ci t y of Englewood a n d are hope- fUl of rece ivi ng favorable consideration from the State . I • • n - ( • DEPARTMENT OF SrATE • • • CERTIFICATE· ~ ~1ARY ESTILL BUCHANAN, [/J~ of [/J/ale o/ l/ie [/Jla/e o/ ~okuufo li el/,eiy cei~~ tlud SMOKY HILL HIGH SCHOOL EDUCATIONAL COMMUNITY (COLORADO -NONPROFIT CORPORATION) liaa comflr:ed wdh !lie af1/d«:atle ji100{0 ,:0n<> o/ lli e k1c<> o/ llw .9/ale r / 'Pr.k.Mdo and on !lu'J rlal-e r.J in yc-<-d J/ancli11y and mt!lt r:iiy rl rnu/ rr 111/u-lod Ir. !1rmJar/ htJi11 eJJ M l e f'Mlflr((l ;/,; a/!ai l J ,,.;//ui1 l/uJ J /aif, . ,, .. DATED Oc t ob r 24 ' 1978 /7t.t.7 A..ILL..L. '";!3'.u cL ,,.._..r ,L~ ---SEC Al T ARY Of ST A TE • I . • c ( • • • • l I NTRO DUCED AS A BILL BY COUNCILMAN BY AUT HOR ITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD , I-1, LIGHT INDUSTRIAL DISTRICT, RECITI~G A lvAIVER AND IMPOSING CONDI T IONS THEREON: AMENDING THE ZONIN G MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE . WHEREAS, pursuant to Section 22 .3 of the Comprehensive Zoning Ordinance , public hearings we re held before the City Planning and Zoning Commission on July 5, 1978 , September 6 , 1 978 , to zone a certain parcel of land annexed by Ordinance No . to the City of Englewood , I-1, Light Industrial District; and WHEREAS, on october 2, 1978 , said Planning and Zoning Commission submitted its Findings of Fact , Conclusions and r ecom- men ded that I-1 Industrial Zoning be imposed with conditions; and WHEREAS, the City Council directed tha t a publi c hearing be held b efore it on October 30 , 1978 with regard to said zonin g applicatio n; and WHEREAS, at said h ea ring on said date the Coun cil shall receive all r eports , maps, drawings, memoranda , minutes, findings and all e vide nce and othe r matters theretofore previously con - sidered by the City Planning and Zoning Commission, and in add - ition receive further testimony from th e own er and applicant as well as other intereste d parties; and WHEREAS, the City Council here by adopts and incorporates herein paragraphs No . 1 to 13 inclusive of the findings of fact and a . through g., inclusive , of the recommendation of the City Planning and Zon ing Commission adopted Septembe r 19, 1978, a copy of said findings and r ecommendation is attached hereto and made a part hereof by this refe rence. WHEREAS, City Council finds and determines that the public necessity, convenience, health, safety and good zoning prac tic e justify the proposed amendment, subject, howeve r, to a certain waiver and Conditions hereinafter con tain ed. I • • ( ( • • • • NOW, THEREFORE, BE IT ORDAINED 13Y THE CI TY COUtJCIL , CITY OF ENGLE WOOD, COLORADO as fol lows: Section 1 . Zone Clnssification. That the following d e scribed real property shall b e zoned I-1 Light In d ustr ial Distric t: 13cginning at Lil e Northeast c ornei· or T1 ·a c t 11 , Block 2, Jk ll I sle Ga1·dens Subdivision, Arapah ot• Coun ty. Co lo n1do , also b•ing" point 011 tl1 e C it y Limit s or En g l .. woocl, C'o lol'ado : lh<'ll("l' W<.•s t along said C ity Limits, al so lwing I lic· No rl11 line• ol Tract 11, :i nu also bein g th e South ri gll t-0 1-way lin p ol West Tu lt s ,..venue a distance of 69 .:.l l ee t mol'c or l ess: th ence or.h along City Limits line a distance ol 10 r ee l mor e o r l usi:;: th e nce Wc•st. along a line pa1 ·a ll<•l to lh0 South line of West 'l'urt.s Avenu 0 a clis tanct• ol 08 .. 7 l,•l't mo 1·0 or l e ss lo the ce nt e rline or South Beverly Dri v•·; th 1•1w t• South along lite cen t e rlin e ol South BevPt"ly Drivt• a distance or 145 f eet mor e or l <'ss: th e n c<' West a distnnce ol 25 lecl to a point on the C ity Limit s ol Engl e wood, Co lo1a clo: thence South :ilong said City Limits a d i stance of 1 25 I PC't : th c•nce East <llong C it y Limits a di sta n ce ot l !:J:.l f eet mun• or lL•ss lo the South east c orn er or T1 ·act 11 : th e n c0 North and l e aving th e Ci ty Limit s along Lile East line• ot Tr:ir.t 11 a dis t an c<' o l 2!'iO f eet mor e or l e8s to th e point of b eg inning Saul t.l'al't ol land co n- taining l , 05 a r:n •s mor <' or l Pss . Section 2 . Conditions. The condition s established and approved by the City Council a n d imposed upon the above described real property classified as I-1, Industri a l District , shall be as follows: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereo f except in con- formance with a Development Plan which has been approved and re c orded in compliance with §22.4A of th e Comp r ehen- sive Zoning Ordinance. b . The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site . c. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, which lot is identifie d b y street address as 1460 Wes Tufts Avenue. d. The east boundary of the subject prop r y shall be screened as approved by a r ecor ded Development Plan. -2 - • I • ( ( • • • • e. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties . f . No entrance, exit or loading dock shall be permitted on t h e east side of any builidng which is constructed on the subject property; nor shall any parking, storage of equipment, materials or trash, or access , other than f o r e mergency vehicles , be permitted in the area east of said buildings . g . All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6 ) nor more t h an eight (8) feet in height, all trash coll- ection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard o r create any other form of public nuisance. Section 3 . Zon in g Map Amended . The official zoning map of he City shall be and is here- by amended to conform to the provisions of Sections! arrl 2 of this Ordinance . Section 4 . Waiver and Conditions Binding On Heirs, Administrators , Executors, Successors And Assigns. That the foregoing change in zoning classification is based upon the Findings of Fact as herein adopted and upon the representation by the owner and applicant for annexation that he will waive those certain rights which may be available to him and in lieu thereof agrees to the Waiver and Conditions set forth herein, which said Waiver and Conditions shall be binding upon the owner , his heirs, administrators, executors, successors and assigns. Section 5. Ordinance To Be Recorded. That this Ordinance shall be recorded by the Department of Community Development with the office of the Clerk and Re order of Arapahoe County, Colorado. Introduced, read in full and passed on first reading on the 2nd day of October, 1978. Published as a Bill for an Ordinance on the 4th day of October, 1978. 3 • I • - • ( • • • . . • ,..I' Read by title and passed on final reading on the~~-day of October , 1978 . Published by title as Ordinance No.~-:;-,,.-~-' Series of 1978 , on the day of , 1978 . Ma yor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance ,passed on final reading and published by title as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -4- • I • • ( ( • • • • ,/ INTRODUCED AS A BILL BY COUNCILMAN~~~~W~I~L~L~I~AM~~s~~~~~~~~~ BY AUTHORITY ORDINANCE NO . , SERIES OF l 78 AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD , I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONI G MAP I ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORD I NANCE . WHEREAS, pur suant to Section 22.3 of the Comprehensive Zoning Ordinance, public hearings were held before the City Planning and Zoning Commission on July 5 , 1978, September 6 , 197 8 , to zone a certain parcel of land annexed by Ordinance No . to the City of Englewood, I-1, Light Industrial District; and WHEREAS, on October 2 , 1978 , said Planning and Zoning Commission submitted its Findings of Fact, Conclusions anct recom- mended that I-1 Industrial Zoning be imposed with conditions ; and WHEREAS, the City Council directed that a publi c hea r i ng be held before it on October 30 , 1978 with regard to said zoning application ; and WHEREAS, at said hearing on said date the Council shall receive all reports, maps, drawings, memoranda, minutes, findings and all evidence and other matters theretofore previously co n- sidered by the City Planning and Zoning Commission, and in add - ition receive further testimony from the owner and app licant as well as other interes t ed parties; and WHEREAS, the City Council hereby adopts and incorporates herein paragraphs No. 1 to 13 inclusive of the findings of fact and . through g ., inclusive , of the recommendation of the City Planning and Zoning Commission adopted Sep ember 19, 1978, a copy of said findings and recommendation is attached hereto and made a part hereof by this reference. WHEREAS, City Council finds and determines that the public necessity, convenience , health, safety and good zoning practice justify the proposed amendment, subject, however, to a certain waiver and Conditions hereinafter cont ined . • I • • ( c • • • • NOW, THEREFORE, BE I T ORDAINED BY TH E C I TY COUJCIL, CITY OF ENGLEWOOD, COLORADO as follows: Section 1. Zone Clas s ification. That the following des cribed real property shall b e zoned I-1 Light Industr ial District: Beginning at tllC' Nol'theast cornel' of T1·act 11, Block 2, n c ll lslc Ga1·dcns Subdivision, An1pahoL• Coun t y, Co lo1·ac10, a l so bl'ing :i poinl 011 Lill' C ity Limils ol' Jo:11gl1·woocl, Colora cto : lh!'n<'<' West alon g said C ity Limits, also IJC'ill g th e· 01·t1i li11<• ot Tract 11, ;111u also b ei ng the South 1·ig l 1t-ol-way 11n ot \\'est Tut ts ,.ve nue a distance ol' 69 .:.l l'cet more or l ess: thcnt:e Norch ;ilong City Limits line a distan ce' ol 10 lcet mor e or le ss : !hence Wc•st along a line• pa1·;ill<'l to th0 South line of WC"s t 'J'ul'ts .!\venue' a distance ol' !l8 .7 l,•c •t mo1 ·<· 01· less to the cente1·linp of' South Bc·vcrly Driv"; th 1•n .. c• :)outh along th<.• centel'linc ol South l30v0rly Drivt• a dist:ineC' ol 145 f eet more or l ess: th e nce Wc_·st a distanct> ot 25 lc•ct to a point on the City Limits ol Englewood, Colo1ado: thence South nlong said City Limit s a distance of' 1 25 l <>t>t: th c•nce Eas t a long City Limits a distnnc e ol 193 Jeet mon• 01 · lPss to th e Southeast corner ol' Ti·act 11; then ce North and laving the City Limits along th e East lint• ol Tract 11 a dist;111 • ot 250 f eet mor(' or less to the point of b eg inning S.tid t r;:ict ol land con- taining 1 . 05 acre's morC' 01· l<'ss . Section 2 . Conditions. The conditions established and approved by the City Council and imposed upon the above described real property classified as I-1, Industrial District, shall be as follows: a. No Building Permit shall be issued for th e construction or installation of any building or structure on the subject property or any portion thereo except in con- formance with a Development Plan which has been approved and reco rd ed in compliance with §22.4A of the Compreh n- sive Zoning Ordinance. b. The maximum h eig ht of any structure or building shall not exceed 25 feet above the natural grade of the site. c . There shall be a minimum se back of 25 feet from h e west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, which lot is identified by street address as 1460 Wes Tufts Avenue. d. The cast boundary of the subject property shall be screened as approved by a recorded Deve lopment Plan. -2- • .... I • • - ( • • • .. • A e . Lighting facilities on th e property or o n any buildi n or structure loca t e d on the sub ject prope r ty , shall b e so arranged that they will neith e r shine nor be refle c t ed on the adjace nt residential prope rti e s. f. No entranc e , exit or loading dock shall be permitted on the east side of any builidng which is constructed on the sub ject prope rt y ; nor shall any parking , storage of eq uipment , materials or trash, or acce ss , other than for emergency vehicles, be perm i tted in the area ea st of said buildings. g . All outside storage on the subject prope rty shall be e nclos ed by a solid fence or wall not less than six (6) nor more than eig ht (8) feet in height, all trash coll - ec tion centers shall be of a covered type and no outside storage shall create litte r, be a fire or h ealth hazard or create any othe r form of public nuisan ce . Sec tion 3. Zoning Map Amended. The official zoning map of the City shall be and is here- by amended to conform to the provisions of Sectionsl ard 2 of this Ordinance . Section 4 . Waiver and Conditions Binding On Heirs, Administrators, Executors , Successors And Assigns. That the foregoing change in zoning classification is based upon the Findings of Fact as herein adopted and upon the representation by the owner and applicant for annexation that he will waive those certain rights which may be available to him and in lieu thereof agrees to the Waiver and Conditions set forth herein, which said Waive r a nd Conditions sh a ll be bindin g upon the owner, his heirs, administrators, execu tors, successors and assigns. S ection 5 . Ordinan ce To Be Recorded. That this Ordinance shall b e r ecorded by the Department o f Community Development with the office of the Cl e r k and Recorder of Arapahoe County , Colorado . Introduced, read in full and passed on first reading on the 2nd day of October, 1978. Published as a Bill for an Ordinance on the 4th day of October, 1978. 3 • I • • - -..... ( • • • • Read by title and passed on final reading on the~~-day of October, 1978 . Published by title as Ordinance No.z-,,""=""',--~-' Series of 1978 , on the day of , 1978 . Ma yor ATTEST: ex officio City Clerk-Treasurer I , William D. James, do h e reby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance ,passed on final reading and published by title as Ordinance No. , S eries of 1978 . ex officio City Clerk-Treasurer -4- • I • • • • • • ,. • / INTRODUCED AS A BILL BY COUNCILMAN WILL I AMS BY AUT HORITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD , I-1 , LIGHT INDUSTR I AL DI STRICT , RECITING A WAIVER AND IMPOSING CONDITIONS THEREON : AM EN DI NG THE ZONING MAP IN ACCOR DAN CE THEREWITH : AND PROVIDING FOR THE RECORDING OF T HIS ORDI NANCE . WHEREAS, pursuant to S ection 22 .3 of the Comprehe nsive Zoning Ordinance, p ublic hearin gs were held before the City Planning a nd Zoning Commission on July 5, 1 978 , September 6 , 1978 , to zone a ce rtain parce l of land annexe d by Ordinance No . to the City of Englewood, I-1 , Light Industri a l District; and WHEREAS, on october 2 , 1978 , said Planning and Zoning Commission submitted its Findings of Fact, Co n clusions and recom- mended that I-1 Industrial Zoning be imposed with conditions; and WHEREAS , the City Council directed that a public ~earing be he l d before it on Octobe r 30 , 1978 with regard to said oning app l ica t ion; and WH EREAS , at said hearing o n said date the Council sha ll rece ive all r eports , maps, drawings , memorand a , minutes, fi ndin gs and a l l evidence and other matters theretofore previously con- side red by the City Planning a n d Zoning Comm ission , and in add - it ion receive further t e stimony from the owner and applicant as well as oth er interested parties; a nd WHEREAS, the City Co uncil hereby adopts and incorpo r ates herein pa r ag ra phs No. 1 to 13 inclusive of the findi n gs of fact and a . through g ., inclusive, of the recomme ndat ion of the City Planning and Zoning Commissio n adopted September 19, 1978, a copy of said findings and recommendation is attached hereto and made a part hereof by this reference . WHER EAS, City Council finds and determines that the public n ecessity , convenience , h ealth, safety and good zoning practice justify the proposed amendment, sub ject , however, to a certain waiver and Conditions hereinafter con tained. • I • • • • / • NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COU JCIL, CITY OF ENGLEWOOD , COLORADO as follows: Section 1 . Zone Classification . That the following d escribed real property shall b e zoned I-1 Light Industri a l District : 13eginning at LIH' No1·thL'ast co rn e1 · or T1 ·act 11, !Hock 2, lk ll I sl<• G:tl'dens Subdiv i sio n, A1 ·apahut• Coun t y. Colo1·ado, a l so b<'ing :1 point 0 11 1111 .. • Ci t y Limi t s of En g l t·W<>Ocl, ('olol'adu : lh<'ll<'<' ll'es t alon g said Ci t y Limit s, al so IJ<•i11 g 11 1<• 0 1·l11 lill <' ol Tr :l<'t 11, .111d al so b eing l h t' Sout.h ri gh t-ut-wa y l.in t• ol \l est TuJ Ls ,•vcnu •a di tan ce of 69.3 f ee t mol'e or l ess: t110n ·c Nor.h a lon g City Limits lino a distanc0 of 1 0 f e0t mor or l<·ss : t hc·ncc W<•st a lon g a line pa1 ·a ll <>l to ll10 South line of W ·st Tults AVL'llUP a distance or 9 8 .7 t ,•<•t mot'P 0 1· les s to th0 centcl'l111l' oJ South IJ<>vc l'l y Driv,·; lh <•IH'<' South along tht• cen t rlinc oJ South llevp1·ly Driv l' a distance or 14 5 J eet morl' or l ess : then c0 Wc •s t a distance o l 25 l!J 0l lo a point on th e City Limit s ot E11gl,..11ood, Co lo1 ado: thl'nce South along said City Limit s a distance o J 1 25 l'Pet: th e nce East along Ci t y Limits a distance oJ 1!:)3 Ject mu1 ·,, 01· l ess to th e South eas t c orner ol T1 ·act 11 : then ce North and l e avi n g th e City Limits along lh l' East lint· oJ Tr .1ct 11 a dis t anc0 ot 250 f eet mor e or l ess to the po i nt oJ b ginninv,. Said t1·act ot l a n d co n- taining 1 .05 acJ '<'s mo r0 01· l P ss . S ec tion 2. Conditions. The conditions established and approved by the City Council and imposed upon the above described r ea l property classified as I-1, Industri al District, shall be as follows : a . No Building Permit shall b e issued for the construction or installation of a ny building or structure on the subject property or any portion thereo f excep t in con- formance with a Deve lopmen t Plan whi ch has been approved and recorded in c ompli ance with §22 .4A of the Comprehen- sive Zoning Ordinance. b. The maximum height of any structure or building shall not exceed 25 feet above the natural g rade o f the site . c . There shal l be a minimum setback of 25 feet from the west prope rty line of Lot 12, Bell Isle Garde ns Sub- division, Arapahoe County, Colorado, which lot is identified by street address as 1460 West Tufts Avenue. d . The east bounda r y of the subject property shall be screened as approved by a recorded Deve lopment Plan. -2- • I • • • • • , • e . Ligh ing facilities on the property or on any buildi n or struc ture located on the sub ject property , shall be so arranged that they will neith er shine nor be reflected on the adjacent residential properties . f. No entrance , exit or loading dock shall be permitted on the east side of any builidng which is constructed on the subj ect property; nor shall any parking , storage of equipment , materi als or trash , or access , other than for e mergency vehicles , b e permitted in the area east of said buildings. g . All outside storage on the subject property shall be e n c lose d by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, al l trash coll - ection centers shall be of a cov ered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. Section 3. Zoning Map Amended. The official zoning map of he City shall be and is here- by ame nded to conform to the provisions of Sectionsl and 2 of this Ordinance. Section 4 . Waiver and Conditions Binding On Heirs, Administrator s , Executors, Succes sors And Assigns . That the foregoing change in zoning classification is based upon the Findin g s o f Fact as herein adopted and upon the representation by the owner and applicant for annexation that he will wai ve those certain rights wh ich may be available to him and in lieu thereof agrees to the Waiver and Conditions set forth herein , which said Waiver and Conditions shall be binding upon the owner , his heirs, administrators, executors, successors and assigns. Section 5. Ordinance To Be Recorded. That this Ordinance shall be recorded by the Department of Community Development with the office of the Clerk and R corder of Arapahoe County, Colorado. Introduced, read in full and passed on first reading on the 2nd day of October, 1978. Published as a Bill for an Ordinance on the 4th day of October, 1978. 3 • I • - • • • • • • Read by title and passed on final reading on the~~-day of October, 1978. Published by title as Ordinance No.""""""-=o--~-' S eries of 1 9 7 8 , on the day of , 1978. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance,passed on final reading and published by title as Ordinance No . , Series of 1978. ex officio City Clerk-Treas ure r -4- • I • • • • • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAM_S~~~--~~~~~ BY AUTHORITY ORDINANCE NO . , SERIES OF 1978 AN ORD I NANCE ZONING CERTAI N REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD , I-1 , LI GHT INDUSTRIAL DISTRICT , RECITING A WAIVER AND IMPOSING CONDITIONS THEREON : AMENDING THE ZONING MAP IN ACCORDANCE THEREW I TH : AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Or di n ance , public hearings we r e h e ld before the City Planning and Zoning Commission on July 5 , 197 8 , September 6 , 1978, to zone a ce r tain parcel of land annexed by Ordinance No . to the City of Englewood, I-1, Light I ndustri a l District; and WHEREAS, on october 2 , 1978 , said Planning and Zon in g Commission submitted its Findings of Fact , Conclusions an<l recom- mended that I -1 Industrial Zoning be imposed with conditions ; and WHEREAS , the City Council directed that a public hearing b e held before it on October 30, 1978 with regard to said zoning application; and WHEREAS , at said h ea ring on said date the Council shall r e ceive all reports , maps, drawings , memoranda , minutes, findings and all evidence and othe r matters theretofore previously con- sidered by the City Planning and Zoning Commission, and in add - ition rece ive further t es timony from the owner and applica nt as well as other interested parties; and WHEREAS, the City Council hereby adopts and incorporates herein paragraphs No. 1 to 13 inclusive of the findings of fact and a . through g ., inclusive, of the recommendation of the City Planning and Zoning Commission adopted September 19, 1978, a copy of said findings and recommendation is attached hereto and made a part hereof by this reference. WHER EAS , City Council finds and determines that the public necessity, convenience, health, safety and good zoning practice justify the proposed amendment, subj ect , however, to a certain waiver and Conditions her einafter contained . • I • • n • • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL , CITY OF ENGLEWOOD, COLORADO as follows: Section 1. Zone Classification . That the following described real property shall be zoned I-1 Light Industr ial District : Beginning at th0 Northeast cornel' oJ T1·a c t 11, Block 2, lk ll I s l e Ga1 ·de ns Suhctivision, A1 ·apahop Co unty, Colo1·ado, a l so IJl'ing :i pojnt 011 LllL' Ci.ty Limits o l En g l t·woocl, Colo1·a<10: lh e r1c ·(' Wc:s t alon g said City Ljmit.s, also IJ<•in g tl 1c· No 1·L11 lin e o l Tract 11, :111J also b ei ng t ht• South 1·i g J1t-ut-way line ol West Tults r.vc nu e a llistance of G9.3 f ee t more: 01· l ess; thence Non:h along Ci Ly Limits line a distance oJ 10 r ee l mor e or l ess; then ce Wc•st along a line par ·allC'l to the South line of Wc:,;t Tul'ts Avcnu (' a distnncl' or 9H .. 7 1,,,q mo1·c· 01· les s to the center .line or South ll<'verly Driv•·; lht •n•·v South alon g the: centerline ol South llC'Vl'l'ly Orjvl• a distanl'e ol 145 f eet more or less : th ence Wl·s t a distanc e 01 25 tc0t to a point on t h e City Limit s o I E11gl.-.wood, Colo1 acto; th e· nee Sou th a lon g sa i ct City Limit s a distance or 12 5 f re t : thence East alonJ:! Ci t y Limits a distanl'e ol 1!:>3 Jcet more • or l ess Lo tli 0 South ast corner or T1 ·act 11 : th e n ce North and l eav ing the City Limit s along the East li ne ol Tl':i<:t 11 a di s t an ·0 ol 250 f0et mor 0 or l ess to the point ol b eg inning Sa id t 1·a ct o t land c on- taining 1 . 05 ac1·c's mo1·0 01· lPss . Section 2. Conditions. The conditions established and approved by the City Council and imposed upon the above described real property classified as I-1, Industri a l District, shall be as follows : a. No Building Permit shall be issued for the construction or installation of any building or struc ture on the subject property or any portion thereo f except in con- formance with a Development Plan which has been approved and recorded in compliance with §22.4A of t~e Comprehen- sive Zoning Ordinance. b. The maximum height of any structure or building shall not exceed 25 feet above he natural grade of the site . c . There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, whi ch lot is identified by street address as 1460 Wes Tufts Avenue . d. The eas boundary of the subject proper y shall b screened as approved by a re orded D v0lopmen Plan . -2- • I • • • • • e . Lighting facilities on the property or on any buildin or structure located on the sub jec property , shall b e so arranged that they will neith er shin e nor be refle t ed on the adjacent residential properties . f . No e ntr ance , exi t or loading dock shall be permitted on the east side of any builidng which is constructed on the subj ec t property; nor shall any parking, storage of equipment, materials or trash, or access, other than for emerge ncy vehicles, be permitted in the a r ea ea st of said buildings. g. All outs ide storage on the subj ect property shall be enclosed by a solid fenc e or wall not l e ss than six (6) nor more than eight (8) feet in h e ight, all trash coll- ection centers shall be of a covered type and no outs ide storage shall c reate litte r, be a fire or hea lth h azard or create any other form of public nuisance . Section 3. Zoning Map Am e nded . Th e official zonin g map of the City shall be a nd is here- by amended to conform to the provisions of Sectionsl an:l 2 of this Ordinance. Section 4 . Waiver and Conditions Binding On He irs, Administrators, Executor s , Successors And Assigns. That the for ego in g change in zoning c lassificatio n is based upon the Findin gs of Fact as herein adopted a nd upon the representation by the own e r and applicant for a nn exat ion that h e will waive those certain rights which may be avai l ab le to h im and in lieu thereof agrees to the Waiver and Conditions set forth herein, whi ch said Waiver and Conditions shal l be binding upon the owner, his heirs, administrators, executo rs, successors and assigns . Section 5 . Ordinance To Be Recorded. That this Ordinance shall be recorded by the Department of Community Development with the office of the Clerk and Record r of Arapahoe County, Colorado. Introduced, read in full and passed on first reading on the 2nd day of October , 1978 . Published as a Bill for an Ordinance on the 4th day of October , 1978. 3 • I • - • • • • ,. • Read by title and passed on final reading on the~~-day of Octo b er , 1978. Published by title as Ordinance No .~~~~-' Se ries of 1978, on the day of , 1978. Ma yor ATTEST : ex officio City Clerk-Treasurer I, Willi a m D . James , do h e r eby certify that the above a nd foregoing is a true , acc ura t e and complete copy of the Ordinance ,pas s ed on final reading and published by title as Ordinance No . , Series of 1978. ex officio City Clerk-Treasurer -4- • I • • TO: FROM: DATE: • • • City Manager,("f,cojf Richard S. ~~~Director July 13, 1978 {;[ of Conununity Developm ent SUBJECT: 1470 West TDfts Annexation/Navajo Street Extension The property at 1470 West Tufts Avenue meets all of the statutory requirements for annexation to the City of Englewood. All rel- evant City Departments have been contacted and there are no ob- jections. Police, Fire and Utility services can be extended wi·thout any problem. If the City Council decides to annex, 20 fe~t of right-of-way for the eventual widening of West Tufts Avenue will be required from the north side of the property. This dedication should be made a condition of annexation. Before approval of this annexation, however, a decision should be reached concerning the future extension of South Navajo Street in this area. Navajo extended cuts right through the middle of this property. If this plah is continue d, permitting annexa- tion and zoning with the construction of a new building would only add to future costs. The remainder of this report presents several optional proposals for Navajo/Tufts /Union. The decision on whether to annex or not rests largely on the option chosen. NAVAJO OPTIONS. The amended Master Street Plan projects the extension of South Navajo Street as an Arterial between West Tufts Avenue and West Quincy Avenue. This route would be an alternative to South Windermere Street, inasmuch as there appears to be no feasible way to extend Windermere between Oxford and Quincy. In the long-range plan for traffic circulation in the Tufts- Navajo-Windermere area, it had been proposed that South Navajo Street be extended south of West Tufts Avenue to West Thomas Avenue, which alignment would then be extended west to tie in- to West Union Avenue on the west side of South Santa Fe Drive. Were this plan to be implemented, the right-of-way would go through the property which is the subject of the annexation petition. • I • • • • • • -2- The purpose behind this proposal was two-fold: first, it would eliminate the off-set intersection at Tufts/Union and Santa Fe. Second, it would provide a north-south route for industrial traffic and "through" traffic from the City of Littleton north to West Kenyon Avenue, using the Windermere- Navajo alignment rather than causing the traffic to divert to South Lipan Street which is in a single-family residence area, between West Quincy Avenue and West Oxford Avenue. If the option to implement this long-range traffic pattern is to remain open, it would not appear to be to the best interest of either the property owner who has requested annexation to Englewood, or to the City to annex this property, and to zone it for the development proposed by the applicant. The Director of Public Works, the Director of Engineering Services and I have discussed this matter and find that there are several options which the City Council may wish to consider before they finalize action on the annexation petition. PROPOSAL NO. 1. If the City's primary goal is to reduce the potential for train-vehicle accidents at the Tufts crossings and to provide a route for north/south industrial traffic between West Belle- view Avenue and West Kenyon Avenue, which will not infringe on residential streets, the plan which was considered in 1975 should be retained. _jL f]_ .. ' °"""' - s-t ==-• --DG£woa> PROPOSAL 1 • I • • • • • -3- In this option, there would be a transition from South Windermere Street to South Navajo Street at Oxford, and South Navajo Street would be extended from West Oxford Avenue to an extended West Union Avenue on the south. There would be a transition, then, back to South Windermere south of West Union Avenue. Union would be extended to the east across South Santa Fe Drive to tie into the extended South Navajo Street. The West Tufts Avenue crossing would be closed and the Santa Fe/Union intersection could be signalized and crossing pro- tection provided. It is unlikely that we would be able to move the crossing from Tufts south to the extended Union un- less the intersection were signalized. Reasons for Implementing Proposal No. 1: a. By eliminating the off-set in the Tufts/Union/Santa Fe intersection, motorists would have a direct movement from east to west and visibility would be improved. The crossing would be safer. b. · Industrial traffic would not be forced to use a residential street, South Lipan Street, between Oxford and Quincy. c. The Windermere/Navajo route would be more direct between Kenyon and Belleview if this plan were implemented; there would be fewer turns for large trucks to maneuver. d, It would be easier and cheaper to signalize the Union- Santa Fe intersection if this plan were implemented and the Santa Fe traffic flow would be disrupted less if the signal did not have to accommodate the off-set. e. If South Navajo Street were extended south of West Tufts Avenue, it would serve as an effective division between the single-family residence to the east on the south side of Tufts and the projected industrial area on the west. f, The Union/Navajo alignment could provide an alternate route for the Belleview/Santa Fe traffic during the racing season. g, Industrial land which is now virtually land-locked would have access. Reasons for not Implementing Proposal No. 1: a. It would be very expensive to purchase the right-of-way necessary to implement this plan, b. The owners of some industrial sites would not be able to use all or a portion of their land because it would be needed for right-of-way. c. It could be a number of years before all of the right-of- way is acquired, and in the meantime, we would have to decide whether we want to let people build on their land • I • - • • • • and use it until the street can be keep people from using their land. building, we would eventually have it. -4- put through, or try to If they construct a to turn around and buy d. No one knows for sure what volume of traffic would use this route --with the proposed improvements to South Santa Fe Drive, this route may have a low demand placed on it and one of the other alternatives may be able to handle the local indus~rial traffic as efficiently. PROPOSAL NO. 2. This proposal would still provide for the improvement of the Tufts/Union/Santa Fe intersection by eliminating the off-set between Union and Tufts, but would utilize Windermere and Tufts to connect to South Navajo Street north of Tufts • .. " """""' ... ' ' .. -~ . -- • • I • • - • • • • -5- In this proposal, South Windermere Street would serve as an Arterial from West Kenyon Avenue to Oxford where it would make a transition east to South Navajo Street, South Navajo Street would extend south to West Tufts Avenue and the route would then utilize Tufts to Windermere and Windermere to an extension of West Union Avenue across Santa Fe, or, of course, on south to Littleton, The Tufts crossing would be closed, and a smooth turning radius would be designed at Navajo and Tufts, at Tufts and Windermere, and at Windermere and Union. The Union/Santa Fe intersection should be signalized with crossing protection. Reasons for Implementing Proposal No, 2: a. The dangerous Tufts/Union/Santa Fe intersection would be improved and the hazards of using this crossing reduced, Several people have been killed at this intersection --- how does one determine the cost/benefit when lives, or even one life, is involved? b. ·This option would be somewhat cheaper than Proposal No, 1, because the additional right-of-way for Navajo would not be needed between Tufts and Thomas. Some additional right- of-way would be needed on Tufts, 20 feet to make a 60 foot right-of-way, and Windermere would have to be widened to 60 feet. In order to smooth out the turning movements, some property would be needed to provide a maneuverable turning radius at the co~ners of Union and Windermere, Windermere and Tufts, and Tufts and Navajo. This should not be as expensive as in Option #1, however. c. The industrial traffic would be kept in the industrial area between Oxford and Quincy, Reasons for not Implementing Proposal No, 2: a. Some right-of-way would still have to be purchased for the extension of Navajo between Oxford and Tufts, the extension of Union across South Santa Fe to Windermere, and the turning radii on Tufts and on Windermere at Union. b. The route would not have the advantage of the smoother traffic flow that could be realized in Proposal No. 1. PROPOSAL NO, 3, This proposal is a compromise, incorporating the extension of South Navajo Street between Oxford and Tufts and leaving the off-set in the Tufts/Union/Santa Fe intersection. • I • • n • • • .. • -6-.. ' ""'""' ... - r I I Again, Windermere would serve as an Arterial from Kenyon to Oxford, making a transition ·to Navajo between Oxford and Tufts, Tufts would be widened to 60 feet, an additional 20 feet of right-of-way would be necessary, and the Tufts/Union/Santa Fe intersection would be signalized, Reasons for Implementing this Option: a, The industrial traffic would be confined to the industrial area between Tufts and Oxford, b, It would be less expensive than Proposals #1 and #2, c, The Tufts/Union/Santa Fe intersection would be signalized and this would be pr eferable to an unsignalized inter-section, Reasons for not Implementing this Option: a, The hazardous off-set Tufts/Union/Sa nta Fe crossing would remain, b, The traffic movement would not be as smooth and therefore motorists would not be encouraged to use this route, • I • • • • PROPOSAL NO. 4. For several years, the City has suggested that a by included, at this intersection as part o~ the provement. _J / I L grade Santa • .... -----lr~ 1~ t • ' ~ .... - -7- separation Fe im- This proposal would be identical to Proposal No. 1 except there would be a grade separation at Union and Santa Fe rather than an at-grade crossing. Reasons for Implementing this Proposal: a. The conflict between the train and vehicle traffic would be eliminated. b. The industrial traffic would be confined to the industrial area. Reasons Against this Proposal: a. The cost to implement this proposal would be somewhat excessive. b. It is unlikely that it would be approved by the Highway Department and other approving agencies. • • I • • • • • . . • -8- PROPOSAL NO. 5. With this proposal, Navajo would not be extended between Oxford and Tufts. The tra ff ic pattern would remain the same as it is now. The Tufts/Union/Santa Fe intersection would be signalized and crossing protection provided, which installation is under-way, The right-of-way for both South Windermere Street and West Tufts Avenue should be widened to sixty feet and the roadways improved, I I Ill _} .__ ________ _ 7 ;:·---~.,;_-rt ' ------// I I ~I D.'Gl..£WOa) l J I .------1 !Jr ' : -· ~ .... - I l !~ I i 111-;j R I . ... .... • ~ ~ -i -:-c,..=----1,m, ';;,.1 I ! I ! ]~/ 1 \ ! I t . i ; 'I·~: I --4, :__ r'__J_1 ... ' ~ ' r• • ~ M \ ~--~ 7 i f ! a.KliWO[J) I · \ ' L _____ _jj \ PROPOSAL 5 I Reasons for Implementing this Proposal: a, Traffic flow would be somewhat improved if both Tufts and Windermere were to be constructed as a 44 foot roadway, b, The cost would be minimal, Reasons for not Implementing this Proposal: a, The hazardous Tufts /Union/Santa Fe intersection remains, b. The industrial traffic will be forced to use a residential street between Oxford and Quincy • • I • • - - • • • • • • -9-. c, ·The traffic circulation west of South Santa Fe Drive would continue to be impeded, Obviously, there are still other options such as c onstructing Navajo between Oxford and Quincy and leaving Wind e rm e re as it is, or closing the TUfts crossing and providing no alt e rnate crossing. It would hardly seem feasible to construct Navajo only between Oxford and Quincy and citizens may object to having no access to Santa Fe between Belleview and Quincy, The specific decision that should be made before action is taken on the 1470 West Tufts Avenue annexation, is whether or not the long-range plans of the City are to extend South Navajo Street south of West Tufts Avenue through the subject property. Whether or not a sound decision can be made on this matter independently of the consideration of the traffic pattern north of West Tufts Avenue and the Tufts/Union/Santa Fe inter- section, must be determined. The most efficient traffic pattern can be implemented through Proposal No, l, Proposals 2 and 3 would be significantly better than the existing pattern, • ' I • - ( • • • - -10- ADDENDUM Because of the num ber of accidents and f atali ties at the Tufts crossing, the City has tried on several occasions to modify that intersection. Because some of the people may not be familiar with the previous attempts, a resume' of these actions is provided: BACKGROUND. Over the years there have been many vehicle-train accidents at the intersection of West Tufts Avenue with the railway crossings east of South Santa Fe Drive, the worst was in the 1950's when ten members of a Kansas family were killed. Following a fatality at that same crossing in 1965, Englewood officials held a series of meetings with Littleton and Arapahoe County officials, repre- sentatives of the Highway Department, the Denver and Rio Grande Railway Company, the Santa Fe Railway Company, and the Public Utilities Commission, to see if these entities could work to- gether to eliminate or at least reduce the hazards at this int·ersection. Windermere, actually at that time sections of it were designated as South Pecos Street, did not go through between West Tufts Avenue and West Belleview Avenue, and the City was working with Littleton to open Windermere to the south of the Englewood City Limits, which were at approximately West Thomas Avenue. Engle- wood was also exploring the possibility of using rail right-of- way to extend Pecos --or Windermere --between Oxford and Quincy in order that the north/south route could be opened up from West Belleview Avenue to West Kenyon Avenue. The improve- ment of the Tufts/Union intersection was an integral part of these discussions and, following the 1965 fatality, became the focal point of the discussions. Englewood had just completed the construction of the bridge over the South Platte River at West Union Avenue, and it was obvious that the Tufts/Union intersection was going to pick up considerable traffic with Union finally open between Santa Fe and Federal. It was also anticipated that much of the traffic using that intersection to go east of Santa Fe would use Windermere both north and south of Tufts if it were open. The first meeting of the aforementioned persons was on January 3, 1966, in the Englewood City Hall, and Englewood sponsored all of the me etings. At this meeting, Englewood and the County leaned toward extending Union across Santa Fe and closing the crossing on Tufts. The P.u.c. representative wanted the crossing closed altogether and the D and R G representative said if it could not be closed, the off-set should be eliminated. The Santa Fe representative suggested a grade separation and discussed the possibility of using some of their right-of-way for a "frontage" road between Tufts and Oxford • • I • ( • • • • -11- On January 5, 1966, the Planning Commission recommended that West Union Avenue be extended east across Santa Fe to tie in- to Windermere, and that the intersection with Santa Fe be signalized and the Tufts crossing closed. An Origin-Destination survey was taken on January 18, 1966, and a majority of the 379 respondents were were from Englewood and were using the intersection five days a week to go to work some place in Englewood. Another meeting was held on March 11, 1966, and no progress was made. Both railway companies and the P.U.C. wanted to close the Tufts crossing, the Kenyon crossing, and possibly the crossing at Quincy. In April, the Chamber of Commerce Industrial Committee went on record as favoring the extension of Union to the east, and on June 15, 1966, the Chamber of Commerce Board of Directors opposed the closing of the crossings at Quincy and at Tufts- Union and recommended that Union be extended to the east to tie into Windermere. In December of 1966, it ~as estimated that it would cost $48,740 to purchase the land to extend Union east of Santa Fe, pave the 24-foot roadway with an 8 inch base, and 3 inches of black- top and to signalize the intersection. By April of 1967, the P.U.C. representative was saying the City and the County couldn't do anything unless the two rail- way companies and the Highway Department concurred and the City Manager proceeded to try and obtain their concurrence. The Englewood Traffic Engineer worked up specifications for a signalized intersection at an estimated $11,500; the Highway Department estimated a mast arm installation at $9,800, and the D and R G Railroad Company estimated it would cost $50,000. The concurrence from the railways and the Highway Department was not received. In June of 1967, the Englewood City Council voted to pay 50% of the right-of-way cost plus 10% if the County would buy the property to extend Union to the east. This was logical because the land needed for the extension was not in the City. The group met for the last time on November 8, 1967, supposedly to discuss design and cost. The representative from the Public Utilities Commission and the railway companies, however, announced that they wanted both the Tufts and Kenyon cross ings closed and that the City and the County could not relocate the crossing from the Tufts to the Union alignment without their permission. They added that they would not participate in the cost of the installation of the signals. The County Engineer suggested that we extend Union across to get a four-way inter- section instead of the off-set and not signalize it. Again, the man from the P.u.c. said that there was no way that we could get permission to move the crossing unless the inter- section were to be signalized. The group broke up to "digest" • I • ( • c • • • • -12- the factors that had been presented. They did not meet again. The County installed stop signs at the tracks on Tufts. The City continued to look for a way to carry traffic between Kenyon and Belleview east of South Santa Fe Drive and finally determined that there was no way to extend South Windermere Street between Oxford and Quincy. When the idea of Winderme re was abandoned through that stretch, the possibility of moving east to South Navajo Street between Oxford and Quincy was raised, The City officials were of the opinion that part of the Navajo right-of-way was available and as development came in both north and south of Quincy, the City requested that buildings not be located within the area that would be needed to extend Navajo between Oxford and Tufts. When the Santa Fe/Union area was annexed to the City in 1975, several alternative street plans were proposed for that area and these were tied into the City's Master Street Plan. A Public Hearing was held on May 20, 1975, to consider the street plan proposed for the annexation area • . r -·---- •H•••••J- ,• LEGEND ,. D Proposed St,., ' loco I loll UNIONJWIJ...:========~~~~~~ PROPOSED AMENDMENT TO THE ENGLEWOOD, COLORADO COMPREHENSIVE PLAN , MASTER STREET PLAN SECTION a SY ADDING THOSE ~OUTES SHOWN HEREON • I • - - ... • • • • • -13- At the direction of the Planning Commission, the staff met with people in the area on June 11, 1975, to continue the dis- cussion. The extension of the South Navajo Street alignment south of Tufts and tieing in with the extension o'f Union across Santa Fe on West Thomas Avenue was part of this proposal. At that time, the extension of Navajo to the south of Tufts would have been accomplished by an easy transition across what is now the Bovenzi and the Porter property. On June 17, 1975, the trial court rendered a decision turning down Englewood's annexation of the Santa Fe/Union area, and on August 4, 1975, the City Council directed the City Attorney to drop his action to appeal the decision. Upon the recommendation of the Planning Commission, the amen~ ments to the Master Street Plan were made by the City Council in Resolution No. 39 of 1975, including the designation of South Navajo Street as an arterial between Oxford and Tufts. The amendments did not include the streets in the disconnected area. In December of 1977, the Director of Engineering Services sought direction from the City touncil ad to how they would like to proceed with the right-of-way acquisition for the Navajo Street alignment between Oxford and Tufts in order that the street construction could be scheduled in future paving districts. On December 19, 1977, the City Council voted to delete the Navajo extension from Paving District No. 25. The matter is raised at this time because of the possibility of extending South Navajo S t reet south of West Tufts Avenue through the property which is the subject of an annexation request. • D I • • ~ . ,... . ( T01 f f:O/.\: • • • • Andy McCown, City Manager Gary Diede ll:TE!:.()FCICE N.E/.',OrJJlDUM RIGHT-OF-WAY ACQUISITION FOR NAVAJO STREET ANO TUFTS AVENUE Df-TI!: December 6, 1977 . In Resolution #39 of the 1975 Series, the City Council amended the "Master Street Plan" designating Navajo Street alignment between Oxford and Tufts as the arterial street instead of Windermere. We are presently working on plans to design Navajo since there is no e xist- ing street. At this point, we need some direction from the City Council as to how they would like to proceed with the right-of-way acquisition in order to schedule the street construction . i .~ future paving districts. In our next paving district (125) we have proposed to City Council that Navajo be constructed from Oxford to Quincy. In order to accomplish this, several things must be done first1 (1) City must purchase right-of-way from West Quincy Corp. and Eve Manufacturing, possibly by condemn ation. (2) City must install sanitary sewer line in Navajo to provide sewer service for existing and future development. It is estimated that the right-of-way will cost about $30,000-$35,000, not including any damages to the properties. It is my feeling that we should have a certified appraisal made in order to determine the extent of those possible damages. Furthermore, we will have to make purchase offers to the property owners to find out whether they are receptive or if we will have to resort to condemnation. The Utilities Department will have to schedule and install an eight-inch sanitary sewer line prior to building the street in the District estimated to begin in late June, 1978. Below is a summary of the estimated costs of acquiring certain portions of right-of-way to construct Navajo and Tuftsa NAVAJO STREET Windermere to Tufts -60-foot right-of-way total width ------------------------------------$320,000* • Cost for right-of-way along West Quincy Corp. and Eve Manufacturing is Not included in this figure. Tufts to Santa Fe (Union alignment) 60-foot right-of-way total width --------------------------137,600 • D I • • - ( ( • • • • Andy McCown, City Man.ager -2-Deceniber 6, 1977 TUFTS AVENUE Mariposa Drive to Santa Fe -60-foot right-o!- way total width ---------------------------------$ 39,000 Total Right-of-Way Costs ------------------------$496,600 The attached map shows the alignments proposed on Navajo 'and Tufts, and particularly, the following structures that would have to be removed1 . (1) Wahl -welding garage (2) Angle -greenhouse (3) Renaud,· Inc. -cinderblock building (4) Bevenzi -house and garage (5) Thomas Plating Co., Inc. -basement house and outbuildi.nga ~~:!~ Direc~;·of Engineering Services GRD/ldo cs1 Kells Waggoner, Public Works Director Rich Wa.nush, Community Development Director Bill James, Finance Director • I . ( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR l B RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 6, 1978 SUBJECT: Zoning Designation -1470 West Tufts Avenue. RECOMMENDATION: Parker moved: McClintock seconded: The Planning Commission recommend to City Council that property identified as 1470 West Tufts Avenue be designated as 1-1, Light Industrial, upon annexation to the City of Englewood for the following reasons: 1. The 1-1, Light Industrial Zone District, would be an ex- tension of the 1-1 Zone classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject area to the southwest. 2. Because of its proximity to existing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further residential development. 3. That the proposed I-1 Zone classification will conform to the Generalized Land Use Plan for that area as set forth in the City's Comprehensive Plan. The Planning Commission further recommends that the following conditions be imposed on this zone designation: a. No Building Permit shall be issued for the construction or installation o f any building or structure on the sub- ject property or any portion thereof except in conformance with a Developmen t Plan which has been approved and re- corded in compliance with §22.4A o f the Co mprehensive Zoning Ordinance. b, There shall be a minimum setback of 25 feet from the west property line o f Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, which Lot is identified by street address as 1460 West Tufts Avenue, c. The east boundary of the subject property shall be screened as approved by a recorded Development Plan , d. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property ; nor shall any parking, storage of equip- ment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings, • I • • ( ( • • • • -2- e. The maximum height of any structure or buil d ing shall not exceed 25 feet a bove the natural grade o f the site. f. All outside storage on the subject property shall be en- closed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health ha z ard or create any other form of public nuisance. g. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be refle cted on the adjacent residential properties. AYES: McClintock, Owens, Parker, Pierson, Williams, Draper, Lathrop NAYS: Smith ABSENT: Tanguma The motion carried. By Order of the City Planning and Zoning Commission. • I • • ( • STAFF REPORT Page -1- STAFF REPORT n v: • • • ZONING DESIGNATION Case /:8-78 Zoning of 1470 West Tufts Avenue annexation . DATE TO BE CONSIDERED: July 5, 1978 APPLICANT: Initiated by the City of Englewood, Colorado, as the annexing municipality. NAME OF PROPERTY OWNER: Antonio Bovenzi 3942 South Lipan Street Englewood, Colorado 80110 LOCATION: Southeast corner of West Tufts Avenue and South Beverly Drive, described as follows: Beginning at the Northeast corner of Tract 11, Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point on the City Limits of Englewood, Colorado ; Thence West along said City Limits, also being the North line of Tract 11, and also being the South right-of-way line of West Tufts Avenue a distance of 69 .3 feet more or less; Thence North along City Limits line a distance of 20 feet more or less t o the centerline of West Tufts Avenue ; Thence West along said centerline of West Tufts Avenue a distance of 98.7 feet more or less to the centerline of South Beverly Drive ; Thence South along the centerline of South Beverly Drive a distance of 145 feet more or less : Thence West a distance of 25 feet to a point on the City Limits of Englewood, Colorado ; Thence South along said City Limits a distance of 125 feet ; Thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract 11; Thence North and leaving the City Limits along the East line of Tract 11 a distance of 250 feet more or less to the point of beginning . Said tract of land containing 1.08 acres more or less. PRESENT ZONE DISTRICT: The subject property is zoned R-3, Single-family Residential, by Arapahoe County. • I • \ • STAFF REPORT Page -2- PROPOSED ZONE DISTRICT: • • - ZONING DESIGNATION Case #8-78 The property has been posted and published to be zoned I-1, Light Industrial, upon annexation to the City of Englewood. REASON FOR ACTION: A petition has been filed with the City of Englewood for the annexation of the subject property by Mr. Antonio Bovenzi, which petition was presented to the City Council on June 19, 1978. The 1965 Municipal Annexation Act, as amended, requires that the annexing municipality zone any annexed land within 90 days following the annexation , In order to comply with the time restriction set forth in the Annexation Act, the zoning process necessarily has to be commenced before the City Planning and Zoning Commission as soon as possible after the City Council receives the annexat ion petition. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: It is the recommendation of the staff that the property identified as 1470 West Tufts Avenue be zoned I-1, Light In- dustrial, upon annexation to the City of Englewood, for the following reasons: 1 . The I-1, Light Industrial Zone District, would be an extension of the I-1 Zone classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject area to the southwest . 2. Because of its proximity to existing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further residential development. 3 , That the proposed I-1 Zone classification will conform to the Generalized Land Use Plan for that area as set forth in the City's Comprehensive Plan, DESCRIPTION OF SUBJECT SITE AND ADJACENT AREA: There is an occupied single-family house on the subject site which is located toward the south portion of the property along with a garage and a small shed, The trees have not been pruned and the property has a rather unkept appearance . The property is approximately 1 .08 acres in area, The site is bordered by West Tufts Avenue on the north, South Beverly Drive on the west, and W st Thomas Avenue on the south, West Tufts Avenue is designated as a Collector • I • • STAFF REPORT Page -3- • • - ZONING DESIGNATION Case h8-78 Street in the Master Street Plan and has a forty (40) f oot right-of-way; While South Beverly Drive has a fifty (50 ) foot right-of-way, and West Thomas Avenue has a forty (40) foot right-of-way. There is a nice single-family home on the property immediately to the east Which is in unincorporated Arapahoe County. It is propased that the east boundary of the subject property serve as the boundary between the Light Industri a l District and the single-family district to the east . For this reason, it will be necessary to provide an adequate "screen" or "buffer" on the east side of the Bovenski property at such time as it is developed with a use other than resi-dential . The land to the south and southwest of the subject site is in the City of Englewood and is zoned for and dev eloped with the industrial uses . The fronta ge along the south side of West Tufts Avenue to the west of the subject site is also in unincorparated Arapahoe County . There are three single- family homes in this area between South Beverly Drive and the industrial property in Englewood on the southeast corner of Windermere and Tufts. The property at 1485 and 1501 West Tufts Avenue, and at 4545 West Osage Avenue, which is in Arapahoe County, is zoned R-3, Single-family Residence and there are two single-family homes in this area . The land behind the houses is undeveloped and used for a garden and for storage . The County has z oned the land to the west of this R-3 area, I-2, Heavy Industrial, and it is developed for industrial p urposes. The land in Englewood which is to the north of West Tufts Avenue and west of the City Ditch is z oned I-1, Light Industrial and is developed with industrial uses including many warehouses and the Friedman and Sons paper processing plant . The City Council just recently passed an ordinance zoning the property at 1451 West Tufts Avenue conditional I-1, Light Industrial. The area to the east of the City Ditch which lies at a higher elevation, is developed with single-family homes . BACKGROUND OF PREVIOUS ACTION RELATING TO THE AREA: The subject site is part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in December of 1973 . The subject area was subsequently zoned I • - • STAFF REPORT Page -4- .. • • - ZONING DESIGNATION Case #8-78 I-1, Light Industrial by the City . Later, the annexation was challenged in the courts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Engl e wood and the area reverted to it's original status as an unincorporated pa rt of Arapahoe County. Since then, the owners of two properti es which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood . Both of these properties have been zoned I-1, Light Industrial .• RELATIONSHIP TO THE COMPREHENSIVE PLAN : The Comprehensive Plan projects the use of the land west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes . West Tufts Avenue from Clarkson west to the Navajo Street alignment is designa te d as a Collector on the Master Street Plan. The only question at this time is the relationship of the subject site to the South Na vajo S treet exte nsion tyi ng into West Union Avenue. When the City Council amended the Master Street Plan by Resolution No. 39 in 1975, they desi g nat e d the South Navajo Street alignment rather than South Windermere Street as an Arterial between West Tu fts Avenue and West Oxford Avenue. Because the off-set Tufts/Union/Santa Fe intersection has been so very hazardous, it was recommended that Wes t Union Avenue should be extended east across South Santa Fe Drive making a transition to the extended South Navajo Street via West Thomas Avenue and this propert y , which is just east of South Beverly Drive . There are alternatives to this proposal, however, and it would be appropriate a t this time t o decide whether or not this plan or another route will be impleme nted . The staff would recommend that South Navaj o Street not be extended south of West Tufts Avenue. At such time as t he Tufts/Union/Santa Fe intersection is realigned, a transition from South Windermere Street to South Navajo Street can be designed which will accommodate the traffic using this route . COMMENTS FROM OTHER DEPARTMENTS: No negative comments were received relative to the proposed zoning. The Public Works Departme nt did state that an additional 20 feet should be dedicated to t he public for * Mardesen Annexation ; Friedman Annexation: Ordinance No. 20 of 1976 Ordinance No. 36 of 1976 • I • • - • STAFF REPORT Page -5- • • - ZONING DESIGNATIO N r:ase r:-8 -78 right-of-way for Wes t Tu ft s Avenue from the land proposed for annexation. In prior actions, the Ut ~lities Department has stated that: "Water and sanitary sewe :r :;;er v i ce is available t o t he subject area. A six (6 11 ) inch wn ter main exists on West Tu f t ;; Avenue on the north and also a s .ix (6 11 ) inch water main exist & on West Thomas Avenue." Also an eig ht (8 11 ) inch sanitary sewer line is located on West Th m'!a s Avenue. This line is the property of the South Englewood Sanitation Distri ct; there- fore, the property owner would have to petition to the Dis-trict for inclusion . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: In the past fifteen years, no permits have been issued by either the City of Englewood or Arapaho e County for any use other than industrial in the area west o f the City Ditch in the vicinity of West Tu ft s Avenue . Wh en the County z oned the unincorporated area in the ear ly 1960's, they imposed heavy industrial zoning on the land in the vicinity of South Winder- mere Street, but left the existing hous es along West Tufts Avenue in the R-3, Single -family Resid ence zone classification at the request of some of the residents. When the County intro- duced the heavy industrial distri ct z oning into this area, they not only recognized that the trend of any new development would be other than resid ential, but establis hed that tre nd by zoning the land with frontage on South Winde rmere S treet I-2, Heavy Industrial , At the time the City annexed land in this area , the ordinance provided that upon annexation , a ll land was auto- matically zo n ed R-1-A, the mos t restrictive single-family z one classification. The reasoning was that the City could g o ba ck later and change the z oning , bu t u nt il they had time to do this, not h in g ver y bad coul d be buil t u nder th e R-1-A zoning. Following t h e ann e xation, Bob Cu mm i n g s, Moo r e and Hansen Manufacturing , J e ff Arms trong , a n d other owne rs in the area appli e d for indu s trial z oning a nd t h e ir properties were zoned I-1, Light Industrial, r~t h e r than the heavy industrial classific ation imposed by Arapahoe County. Because of the proximity to South Santa Fe Drive and the railway lines, and because of the elevation of the land to the west of the City Ditch, the subject area no longer lends itself to residential development. On the other hand, uses of a heavy industrial nature such as would be permitted under the County l-2 Zone Dis tric ~ou l d n o t be c omp a tible in the ar e a , Thr; 1 -1 , L1 ~~: J c.~~£:r ia l Zcc.e 'la ss if i c ~:i o n u i ll i.l J r,u ~r.r: r,-..:.r::<-. <: :"';<'O ',:<:_:, .~<; '· :·<; :.::::: ::::: z: :::.~ S .?.t:,;> 't ;::, , ; .. ,'/: ... .... -:: . < • • I • • • STAFF REPORT Page -6- • • • ZONl NG DESIGNATIO N Ca se F.8 -78 The cr it ical issu e in d e v e loping the s ubject property will be to require an ade quate s .r e~n on the east prope rty line to protect the single-family home a t 1460 West Tufts Avenue. • I . • STAFF REPORT ADDENDUM • • • ZONING DESIGNATlO~ CASE #8-78 RECOMMENDATION FROM THE DEPARTME .'IT OF COMMUNITY DEVELOPMENT: (ADDENDUM) In the second paragraph on Page 3 of this staff repor t, it is pointed out that the east property line of the subject site is viewed as a boundary between the I-1, Light Industrial District, and the single-family district to the east which is on the south side of West Tufts Avenue. For this reason, it is stated that it will be necessary to provide an adequate "screen" or "buffer" on the east side of the subject site at such time as it may be developed with a use other than resi-dential. The staff is of the opinion that this situation, the proximity of the property to a residential area, is not unlike the Garrett case which was recently approved by the City Council. It is proposed, therefore, that the Planning Commission consid~r recommending that the following conditions be placed on the zoning of this property to an I-1, Light Industrial, zone classification: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in conformance with a Development Plan which has been approved and recorded in compliance with §22 .4A of the Comprehensive Zoning Ordinance . b. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Subdivision, Arapahoe County , Colorado, which Lot is identified by street address as 1460 West Tufts Avenue. c. The east boundary of the subject property shall be screened as approved by a recorded Development Plan. d. No entrance, exit or loading dock shall be per- mitted on the east Side of any building which is constructed on the subject property ; nor shall any parking, storage of equipment, mat e rials or trash, or access other than fo r e me r gency vehicles be permitted in the area east of said buildings. e, The maximum height of any structure or building shall not exceed 25 feet above th e natural grade of the site, • , I • • • • • • STAFF REPORT ADDENDUM ZONI NG DESIGNA TION CASE #8-78 f. g, All ou t side storage on the subject property shall be enclosed by a sn li d fence or wall not less than six (6) nor mo re t han eight (8) feet in height, all trash c ollection centers shall be of a covered type a~d no outside storage shall create litter, !c a f ire or health hazard or create any other form of public nuisance. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arrange d that they will neither shine nor be re f lected on the adjacent residential properties, ' These conditions are comparable to those imposed on the Garrett rezoning and, again, are recommended to provide a strong buffer and boundary between an existing residential area and this proposed industrial are a. • ;t I • • • • • L I ENGLEWOOD 1 I I I I -/ R3 1 ENGLEW<Joo I PRQDOSED Z-0ZONING• Ii:' I - w ::;: w a:: ~ ' zl ' ~ ENG LEWOOD LEGEND ~ 0 I -I, Light Industrial (EngleWOOdZcning) I (f) • • R-3, S1nqle Family Res( Arapahoe Co.) I£, Heavy Industrial Scale I"= 200' • • • • • - L --------w. STANFORD AVE. ENGLEWOOD CQ w. TUFTS -:::-:-::-:-:.,:.,:-I-' _______________ (/) --------=~~~=~~=~=~= -----------------------:=:=:=:=.:=_-=:=: -:-:---:-:-:-:-:- ~ ~ r--~-..,-"!---oj ~ ~ --------:f:f::::=:::::: lt!-~-...._~_..___,-'f1. ~ W THOMAS ~ ~ \ ENGLEWOOD ~~~~~~~~~~~~ \ I ' ... ' ci (/) • WJlllll1-IN ANNEXATION PROCEED! I I I I PET ITIONED FOR ANNEXA" 1111 1111 -JU LY 17, 1978 (:::3::} PROPOSED ANNEXATIONS ENGLEWOOD Sca le I"= 200' I • I-I • • • • ZONING TO CONFORM WITH RECOMMENDATION OF COMPREHENSIVE PLAN REVIEW COMMIITEE W. STANFORD ENGLEWOOD ENGLEWOOD I-l • ~-R+c, Sirigle Fcmily Res . ll-r-1, Light Industrial ENGLEWOOD I-I R-1-A Scale I"= 200' , I . - • (( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZON I NG COMMISSION DATE; Septe mb er 19, 1978 SUBJECT: Findings of Fact: Case #8-78, #9-78, and #10-78 RECOMMENDATION: Pierson moved: Parker seconded: The Planning Commission accept the Findings of Fact on Case #8-78, #9-78 and #10-78, and recommend that these Findings of Fact be forwarded to City Council. AYES: Draper, Lathrop, Parker, Pierson NAYS: None ABSTAIN : Tanguma ABSENT: Williams, McClintock, Smith The motion carried. By Order of the City Planning and Zoning Commission. • 1 B • I • • - (( • • • - CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASES NO. ) 8-78, 9-78, AND 10-78 , ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ZONING OF PROPERTY ) IDENTIFIED AS 1470 WEST TUFTS ) AVENUE, AN AREA WHICH rs THE ) SUBJECT OF PETITIONS REQUESTING ) ANNEXATION TO THE CITY OF ) ENGLEWOOD . ) The zoning of the property identified as 1470 West Tufts Avenue was considered at a Public Hearing on July 5, 1978, as Case No. 8-78. This matter was reconsidered at the next regular meeting o f the City Planning and Zoning Commission on July 25, 1978, and was continued until September 6, 1978 . The zoning of the s ubj ect propert y was considered further at Public Hearings on September 6, 1978, through Case No. 9-78 and Case No . 10-78. The following me mbers of the Commission were present at the meeting on July 5, 1978: Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Tanguma . Mr. Williams was not pres ent. The following me mbers of the Commission were present at the meeting on September 6, 1978: Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Williams . Mr. Tanguma was not present. FINDINGS OF FACT Upon review o f the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission mak es the following Findings of Fact : 1. That a petition has been received by the City Council requestjng the annexation of the subject prope rty to the City o f En g l e wood, and said petition is being c onsidered by the memb ers o f Council. 2 . That the zoning o f this ar e a was initiated by the City pursuant to Sections 22 ,1-5 and 22 ,1-7 o f the Com- prehensive Zoning Or dinance and S ections 31-12-115(2) of the Municipal Annexation Act of 1965, as amended. I • n - ( • • • • -2- 3. That notic e of the Public Hearings at which t he zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Engl e wood Herald Sentinel. 4. That the land which is the subject of the Hearings on July 5, 1978, and on September 6, 1978, is des-cribed as follows: Beginning at the Northeast corner of Tract 11, Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point on the City Limits of Englewood, Colorado; Thence West along said City Limits, also being the North line of Tract 11, and a lso being the South right-of-way line of West Tufts Avenue a distance of 69 .3 feet more or less; Thence North along City Limits line a distance of 20 feet more or less to the centerline of West Tufts Avenue ; Thence West along said center line of West Tufts Avenu e a distance of 98 .7 feet more or less to the center line of South Beverly Drive; Thence South along the centerline of South Beverly Drive a distance of 145 feet more or less ; Thence West a distance of 25 feet to a point on the City Limits of Englewood, Colorad~; Thence South along said City Limits a distance of 12 5 feet; Thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract 11 ; Thence orth and leaving the City Limit s along the East line of Tract 11 a distance of 250 feet more or l ess to the point of beginning. Said tract o f land con ta ining 1.08 acres mor e or less . 5. That the land has been zoned R-3, Single -family Residence, by Arapahoe County. 6 . That significant changes have occurred in the area since the subject property was zoned R-3, Single-family Residence, by Arapahoe County, which detract from further residential development on the subject property . 7. That those properties to the west of the sub- ject site which are used for residential purposes have already been impacted by industrial zoning and development in the area and the zoning of the subject site for other than residential use will not by that act initiate the impact. 8. That the topography of the land and the location of the site in proximity to industrial development, railways and South Santa Fe Drive, a major arterial, are such that any new dcv lopment on the site would more reasonably be for a use other than single-family residence. 9. That the I-1, Light Industrial Zone District, would be an ext nsion of the zoning applied to the adjacent land within th City of Englewood and would be compatible with the G neralized Land Use section of th Comprehensive Plan and the r commendation of th ad hoc committ ee appointed by the Planning Commission to review th Indu strial section of the Compr h nsive Plan . • I • (( • • • .. • -3- 10, That a zone district boundary line should not be drawn which will divide land under one ownership, l eaving part of the land subject to one set of restrictions, and part subject to another . 11 , That the subject site is contiguous to property on the east which, because of its location, is mor e properly identified with the residential neighborhood to the east than to the industrial area. 12 . That by dividing the City into Zone Districts, each district must begin and end somewhere and the very nature of the zoning ordinance can result in unlik e z one districts abutting one another, in which event certain protections are warranted which Will screen or buffer the more restrictive district from the development in a less restrictive district . 13. That the development on the subject property can be screened from the property adj oining on the east by imposing certain conditions upon that development includin g , but not limited to restrictions as to the location of the storage o f equipment, ma~rials, or trash; access, loading and parking areas; the maximum height of structures and lighting facilities. CONCLUSIONS 1 . That proper notice of the Public He arin gs to consider the zoning of the subject property was given; 2. That because of changes which have occur red in the adjacent area since the subject site was z on e d for single- family residential use by Arapahoe County, the highest and best use of the property has changed to other than resid ntial ; 3, That the subject property is bounded on th e south and southwest by land which is in the City of Englewood, which land is zoned I-1, Light Industrial and is developed with industrial uses, making the extension of the industrial zoning to the subject site a logical action ; 4 , That the proposed I-1, Light Industrial Zone District will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the In- dustrial section of the Comprehensive Plan ; 5, That the site will be increasingly affected adversely by its proximity to the railway lines and South Santa Fe Drive; both of which are projected to genernte a more intense volume of use; • I • • r( ( • • • • -4- 6 . That by the very nature of zoning, unlike dis- tricts in some instances must adjoin, and becaus this site will adjoin a residential district to the east, certai n conditions should be placed upon the use o f the site for industrial pur- poses which will create a buffer b etween the residenti al and industrial districts and will minimize the impact o f the in- dustrial use upon the residential. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the above described property which is the subject of a petition requesting annexation t o the City of Englewood, Colorado, be zoned I-1, Light Industrial, upon annexation, with the f ollowing conditions being made a part of such z oning : a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject prope rty or any portion thereof except in conformance with a Development Plan which has been approved and recorded in compliance with §22 .4A of the Comprehensive Zoning Ordinance . b. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell I sle Gardens Subdivision, Arapahoe County, which Lot is identified by street address as 1460 West Tufts Avenue. c . The east boundary of the subject property shall be screened as approved by a recorded Development Plan . d. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property; nor shal l any parking, storage of equipment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings . e. The maximum height of any structure or building shall not excee d 25 feet above the natural grade of the site, • I • • - l( • I ( • • • • -'-1- f. All out side storage on the subject propert y shall be e nclos e d by a solid fence or wall not less than six (6) nor mor e than eig ht (8) feet in he ig ht , all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. g. Li ghti n g facilities on the property or on any buildings or structure located on the subj ect property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties . Upon the vote on a motion made at a meeting of the City P lanning and Zoning Commission on Sept e mber 6, 1978 : Those members voting in favor of the motion: Mr. Draper, Mr . Lathrop, Mr . McClintock, Mr . Owens, Mr . Parker, Mrs. Pierson and Mr. Williams. Those memb e rs opposed to the motion : Mr. Smith. Those members absent: Mr . Tanguma . BY ORDER OF THE CITY PLANNING AND ZONING COM1.1ISS ION. EDWARD DRAPER J /1-c · Vice-Chairman • I • - ( ( • • • • l c . INTRODUCED AS A BILL BY COUNCILMAN~~-W_I_L=L~IAM,..o__S~~~~~~~~ BY AUTHORITY ORDI NANCE NO. , SERIES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CI TY OF ENGLEWOOD, ARAPAHOE COUNTY , STATE OF COLORADO , FRO M AN UNZONE D CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT . WH EREA S, the property described herein was annexed to the City of Engl e wood , by Ordinance No . , Series of 1978; and WHEREAS, pursuant to S ection 22.1-7 of the Comprehen - sive Zoning Ordinance any area of land annexed to the City after the effective date of said Compr ehensive Zoning Ordinace shall be considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classification , the City Planning and Zoning Commission held Public Hearings which concluded on September 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Commission has con sidered the proposed amendment and map change , and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zo ning Ordinance a Public Hearing was held before the City Council Octobe r 30 , 1978, 7:00pm to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of -1- • I n ( ( • • • • land , to I-1, Light Industrial District: A tract of land in the West 1 /2 of the So uthwest 1 /4 of the Northeast 1 /4 of S ec tion 9, Tow nshi p 5 South, Ran ge 68 West of t h e 6 th Principal Mer idian, described as follows : Commencing at th e Northwest Corner of the Southw est 1 /4 of the .ortheast 1 /4 of Section 9, Township 5 South, Rang e 68 West , thence East along the North line of the Southwest 1 /4 of the North east 1 /4 of S ec tion 9 , Township 5 South, Range 68 Wes t, a distance o f 33 0.0 feet more or l ess to the true point of beginni n g, said true po int o f beginning a l so being on the City Limits o f Englewoo d, Colorado; thence c on tinuing East a lon g sa id City Limi ts a distance of 1 65 feet mor e or less; thenc e South 0° East a l o n g the City Limits of Eng l ew ood , Color ado, a di stance of 660 feet more or l ess t o the center- line o f West Tufts Avenue; thence West and l ea ving the City Limits line of Englewood, Co lor ado, a dist ance of 16 5 feet more or less; thence North a distance o f 660 feet mor e or l ess to the true poin t of beginnin g, Sai d tract of l a nd containing 2.50 acres, mor e or l ess . Section 2. The Official Zo nin g Map of the City of Engl e wood , Colorado , hereby is amen ded acco rdingly . Introduced, read in full, and passed on first reading on the 2nd day of October, 1978. Published as a Bill for an Ordinance on the 4th day of October, 1978. Read by title and passed on final reading on the 30th day of October , 1978. Published by title as Ordinance No.~~~~' Series of 1978, on the day of November, 1978. ATTEST: Mayor ex officio City Clerk-Treasure r -2 - I • • • • • • I , William D. James, do h e r eby certify that the abov e and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -3- • • I . - ( • • • .. • INTRODUCED AS A BILL BY CO UNCILMAN ~~-W_I~L_L~I~AM~S~~~~~~~~ BY AUT HORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO , FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUS TR IAL DISTRICT. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to S e ction 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classification, the City Planning and Zoning Commission held Public Hearings which concluded on Septe mber 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Commission has considered the proposed amendme nt and map change, and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Sect ion 22.3 of the Comprehensive Zoning Ordinance a Public He a ring was held before the City Council October 30, 1978, 7:00pm to zone said newly annexed parcel of land according to the above classifica tion; and WHEREAS, public necessity, convenience , health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows : Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of -1- I • • - • ( • • • • land , to I-1, Light InnusLrial Dis trict : A tract of land in the Wes t 1 /2 of the Southwest 1 /4 of the North e a st 1 /4 of S e ction 9, Towns hip 5 South, Ran ge 68 Wes t of th e 6th Pr incipal Meri dian , des c ribed as fol l ows: Commencing at th e Northwest Corner of the Southw est 1 /4 of the Northeast 1 /4 o f Sect i on 9, Tow n s hip 5 South, Rang e 68 Wes t, th e nce Enst a long the No rth line of the Southwest 1 /4 of th e North east 1 /4 o f Section 9 , Township 5 South, Ra n ge 68 We st, a distance of 330.0 feet more or l es s to the true point of beg in ni n g , said tru e poi nt of beginning also b e ing on the City Li mits of Eng l ew ood, Colorado ; then ce continu ing East along said City Limits a dista n ce o f 1 65 feet mor e or l ess; thenc e So uth 0° East alon g the City L im its of Eng l ewood, Colorado, a di sta nce of 660 feet more or l ess t o the center- line of Wes t Tufts Av enue; thence West and l eaving t h e City L i mits line o f Englewood, Co lor ~do, a dist ance of 16 5 f eet more or l es s; th ence No rth a di sta nce of 660 fee t more or le ss to the true point of beg innin g, Said tract of land contnining 2.50 acres, mor e or l ess . Section 2. The Official Zoning Msp o f the City of Englewood , Co l o rado, hereby is amended accordi ngly. Introduced , read in full, and passed on first r eading on the 2nd day of October , 1978. Published as a Bill for an Ordinance on the 4th day of October , 1978. Read by title a n d passed on final reading on the 30th day of October , 1978. Published by title as Or dinance No.~~~-' Series of 1978 , on the day of November, 1978. ATTEST: Mayor ex officio City Cle rk -Treasurer -2- • I • • ( (. • • • • I, William D. James, do h e reby certify that the above and foregoing is a true , accurate and complet e copy of the Ordinance , passed on final r eading and published by title as Ordinance No . , Series of 1978. ex officio City Clerk -Treasurer -3- • I • • c • • • • INTRODUCED AS A BILL BY COUNCILMAN ~~-W_I_L~L~IAM~-S~~~~~~~~ BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY , STATE OF COLORADO , FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT IN DUSTRIAL DISTRICT . WHEREAS, the property des cri bed here in was annexed to the City of Engl e wood, by Ordinance No. , S erie s of 1978 ; and WHEREAS , pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Compr ehensive Zoning Ordinace shall be considered to be without zone classificat i on; and WHEREAS , said parcel of land, being without zone classification, the City Planning and Zoning Conunission held Public Hearings which concluded on Septe mb e r 6, 1978 to zone said newly annexed parcel to I-1, Light Indu str ial District; and WHEREAS, the Planning and Zoning Conunission has considered the proposed amendment and map change, and has submitted its favorable r econunendation to the City Council the refor; and WHEREAS, pursuant to Sect ion 22 .3 of the Comprehensive Zoning Ordinance a Public Hearing was held b efo re the City Council October 30, 1978, 7:00pm to zone said n e wly annexed parcel of l a nd according to the above classification; and WHEREAS, public necessity, convenience , health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The following described property s hall be zoned from an unzoned classification, as a newly annexed parce l of -1- • I • • (( • c • • • .. • land , to I-1 , Lig ht Ind ustria l District: A tract of land in the We st 1 /2 of the Southwest 1 /4 of the Northeast 1 /4 of S e ction 9, Tow nship 5 South, Ran ge 68 West of the 6 th Pi·incipal Me ridian, de s c rib e d as f ol l ows: Commencing at th e Northwest Corner of the Southwest 1 /4 o f the Northeast 1 /4 of Section 9, Township 5 South, Range 68 Wes t, thence East along th e Korth line of the Southw est 1 /4 of th e North east 1 /4 of Sec tion 9, Township 5 South, Ra n ge 68 We st, a distance of 330 .0 feet more or l ess to the true p oint of begi nnin g, said true point of beginning a l so be ing on the City Limits of Englewood, Colorado ; th e n ce continuing East a long said City Limits a distance of 1 65 feet mor e or less; thence So ut h 0 ° East along the City L im its of E n g l ewood, Colo rado, a di s tance of 660 f eet mor e or l ess to th e cent r- line of Wes t Tufts Av e nue ; thence West and l eavi ng the City Limits line o f E n g lewood, Co lor ado , a d i st ance of 1 65 f ee t more o r l ess ; th ence North a distance of 660 feet mor e o r le s s to the true point of begin n i n g. Sa id tract of land containing 2.50 acres, mor e or l ess. Section 2. Th e Officia l Zoni n g Map of th e City of En glewood, Colora do, h e reby is amended according ly. Introduced, read in ful l, and passed on first reading on the 2nd day of October, 1978 . Published as a Bill for an Ordinance on the 4th day of Octo b e r, 1978. Read by title and passed on final reading on the 30th day of October , 1978. Published by title as Ordinance No .~~~~' Series of 1978, on the day of November, 1978. ATTEST : Mayor ex officio City Clerk-Treasurer -2- • • I • - ( • ( • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -3- I • • ( ( • • • • IN TROD UC ED AS A BILL BY COUNCILMAN ~~-W_I~L_L~I~AM~-S~~~~~~~~ BY AUT HORI TY ORDIN ANCE NO. , SERIES OF 1 978 AN ORDINANCE ZONING A NEWLY ANNEXED PA RCEL OF LA ND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STA TE OF COLORA DO, F ROM AN UNZONED CLASSIFI CATION TO I-1 , LIG HT INDUSTRIAL DISTRIC T. WHEREAS, the prope rty d escr ibe d here in wa s a n nexed to the City of Engl e wood, by Ordin a n ce No. , S er i e s of 1978; and WHEREAS, pursuant to S e ction 22.1-7 of t he Comprehen- sive Zoning Ordinance any area of land annexed to t h e City after the effective date of said Compre h e nsive Zo n i ng Ordinace shall be considered to be without zone classifica t i on; and WHEREAS, said parcel of land, being without z one classification, the City Pl a nning and Zoning Co mmi ss ion h e ld Public Hearings which concluded on Se pte mb e r 6, 1978 to zon e said newly annexed parcel to I-1, Lig ht Ind ust r i al District ; and WHEREAS, th e Plann i ng and Zo n i n g Commission has considered the pro p o se d a me n dment and map change , and ha s submitted its favorable r ecommendatio n to the City Cou n ci l t h e refor; and WHEREAS, pursu a n t to S ection 22 .3 of the Co mpr ehe ns i v e Zoning Ordinance a Publ ic Hea r i n g was held before t h e C i ty Council October 30, 1978, 7:00pm to zone said newly a nn e x e d parce l of land a c cording to the above classification; and WH EREAS, p ubl ic necessity , convenience , heal th, s a f ety , t h e ge n e r al welfare and good zoning practice justi fy t h e pro p o sed ame n dment to the said Official Zoning Map , as hereinafter se t forth . NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. The fo l lowing described property shall be zoned from an unzoned classifica ion, as a newly annexed parcel of -1- • I . • • • • l a nd, to I-1, Li g ht I ndustr i a l District: A tract of land in the West 1 /2 of the Southwest 1 /4 of the Northea s t 1 /4 of S e ction 9, Township 5 South, Ra n ge 6 8 West of the 6th Principal Me ridian, des c ribed as f o ll o ws : Commencing at th e Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of S e ction 9, Township 5 South, Ran g e 68 Wes t, thence East along th e North line of the Southw e st 1 /4 o f the North east 1 /4 of Sec tion 9, Township 5 South, Ra n ge 68 We st, a d i stance of 330.0 f e et more or less to the true p oint of beg inn i n g , said t rue point of beginning also be ing o n t h e City Limi t s of E ngl e wood, Colorado; thence c ontinuing East along sajd City Limi ts a di stance of 165 f e et mor e or l es s; thenc e So uth 0 ° Eas t along the City Ljmits of Eng l ew ood , Colorado, a di s tan ce o f 6 6 0 f ee t more or l e ss to th e c ente r- line of We st Tu fts Av enu e; t h en c e West a nd l ea ving th e Ci t y L i mits line of E n g l ewo o d, Color ~d o, a dis tanc e of 16 5 f e et more or l e ss; th en c e North a di s tan c e o f 660 fe e t more or less to the true point o f beg innin g. Sa id tra c t of land containing 2.50 acres, mor e or l ess . Section 2. T h e O f ficia l Zo nin g Mep of t h e City of Englewood, Colo r a d o , hereby is ame n ded according l y . In trod u ced , r e ad in f ull, and pa ssed o n f ir st readi n g on t h e 2 nd day of Oc t o b er , 1978 . P ublished as a Bill for an Ordinance on the 4 t h day of October , 1978 . Read by title a n d passed on final reading on the 30th day of Oc t o b er , 19 78. Published by title as Ordinance No.~~~~' Series of 1978, on the day of November , 1978 . ATTEST: Mayor ex officio City Clerk-Treasurer -2- • I • - ( • ( • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. e x officio City Clerk -Treasure r -3- • I • • - Pri u ~E 798 0760 D.\Vl::J L "'ICH O LL JO Hi'•.,. J _ NICHOL L • Jh-lvn~ ( u _,_ 5443 SOUTH PRINCE ARAPAHOE SURVEYS ~P?rJ;y~ ;()-Jo-'1 g-. REGISTER E D SURVEYORS ~) SURVEYS MAP WORK () - LITTLETON . COLORADO N ll BOOK 1412 PAGE 17 W. + .,., ____ ur-----3 30 .o '-----i~o-----------0 \ " tJ 90° E 165 .o' STANFOR D AVE. • 'J \ 111 90°w NW Corner SW 1/4 NE 1/4 Se c t iun 9, T. 5 S., R.68 W. Shown in County Rood Book No.2 Page 1, os Lone Se e Note I Wo 0 • oO ,.., (/) U> I 03,950 Sq . F t . or 2 .38636 A c res 'QW ci 0 .., co ;z SC ALE , .. = 100' 112 " Steel Pins wi~h Pl astic Cop on Corn ers St. sign reads T u fts S Osage S 90° E 165.0' f w. -ro · ~ ---t- jJ West Tufts Ave . 'bl --~ TUFTS AVE. formerly called Columbine Ave., Count y Rood A 14 See Note 2 . N o te : I. Appears to be referred t o os priva t e lone in Book 107, Poge 140 ond B oolt 681, Page 15 4 ( Arapahoe County Records ) 2 . Appears to be referred to in Book 107, Page 140; Book 8<;9, Page 243 (old Den v er Reco rds), Book 681, See attached sheet tor Certificote Page 1541ond Book 972, Page I (Arapahoe County Records) SHEET I OF 2 • I • • REGION VII I • • • ( { / ?/1 -~ DEPARTMENT O F HOUSING AND URBAN DEVE LOPM t:NT REG ION AL orF ICE EXECU TIVE TO•ER l'OS CU RTIS STR EET DEN VE R , COLORA DO 80202 Sep te~ber ! .. 1 0 7(" D~PARn::::T OF CQ',i:Y1UNIT'f DEVCLOP1.1.:.~I r • NREWOQD, C0LOPt>DC IN Rf:.PLY REFER TO· -~ M ~·~~~~ ;0-<3D -'18 ~'.s. Dorothy l:L Romans, AIP i ssistant Director of Community Develo pment City of E:i.3let1?od 3400 Sout~ ~la ti ~treet La3lewood, Colorado 31110 llear Us. l'.oc:ans: In response to your request, ue have i3spected the site nor.th of 1'ufts Avenue anu west of the City Ditch. Consid.:!rill;; the present <l evelOJ.>u!ent, exist i nµ :;.ndus trial zoning,and use o n the n orth anct 11e st, and p robable future development, i t wo11ld c:~p ear t he n o s t r e asonab le and appro- pri a ::e use o :f thio n r ea would b .i i .or ot:1c r t han resi.ien::ial. Ple<:>s e let !"'.e kno" if y ou h a ve any auditi011al questions on this ;;iatter. Sin cere ly. Do nald J. Dirksen Director Offi ce of Re3io~al 11.ousing l n"uranK OHu-t"• REC F:lVED SE.P 11 · t ~ CC:IS\'1HL & P' TIERSON ( ll•P•r, Wyumln• • Dl'rt\l•r, Coh•rJ <I • f-wr~ "'lllrth 1llllt..1H..i · llt'lt-no"t , \I .mUu 'H• • :,.11! I .. k .. (·uv, l !ttth • Cili>U'< t,wlla, ~·'l .lh .Dwk Ct ta • I • • • • • • l c MEMORANDUM ---------- TO: City Manage /j ~C')/n FROM: DATE : Richard S. ~sfi~ Dire c t or o f Communi ty D velopment August 1, 1978 SUBJECT: Thurman Ann e xa t ion P etit io n The petition to annex the land owned b y P a ul Ro bert T hurman which is located b y address a t 1485 West Tufts Avenue, h as bee n reviewe d by th e City Departments wh i ch wo u ld b e responsible f or servicing th e s ubject property . Non e of t h e s e d epa r tmen t s have expressed opposi t ion to the anh~xa ti on a nd a ll o f th e City's services c an be exte nde d to this site . The Thurman prope rty i s in complianc e with all o f the s ta tutory requirements f or annexa t ion t o the City o f Eng l e wood, in that: 1. More than one-s ixth (1 /6 ) o f the p e rime t er o f th e subject propert y is con t i g uous wi th the bounda ry of t h e City of Englewood. 2 . Inasmuch as a t l e as t sixty-t hr ee (63 ) p e r ce n t of t h e boundary o f th e Thur man p r o perty is contig uo us wit h t h e City of En g lewood, the l a n d i s of ur b a n c haracter, it i s capable o f b e i ng i nteg r ated with th e City , a nd a comm u n i t y of intere s t ex i sts between t h e su bjec t property and t h e City . 3 . Th e City can extend services to the subject property. 4. The petitioner is the owner of one hundred percent (100%) of the property to be annexed , exclusive of public rights- of-way, and the annexation will not cause a division of property owned by the petitioner. 5, The subject pro perty is l ess than twenty (20) acres in area and has a va lu ation for ad valo rem tax p u rposes which is less tha n tw o hundred thousand dollars . 6. The annexation will not change the schoo l district boundaries ---the prop rty will r main in th Engl wood School District . • I • " • • City Manager Mccown August 1, 1978 Page -2- • • • 7. The petitioner states that it is desirable and necessary that the property be annexed to the City of Englewood. 8. Proceedings are not underway to annex the subject property /"The ~t:~:::: :::'::::':::;fied through Mr. and Mrs. Cl i nton ~ K. Bush, persons who hold an option to purchase the subject property, that the north thirty (30) feet of the property will have to be dedicated for right-of-way for West Stanford Avenue. Mr. and Mrs. Bush have indicated their willingness to have the I right-of-way dedicated, inasmuch as they want access onto West / Stanford Avenue. _.... The dedication of the right-of-way for the south thirty (30) feet of West Stanford Avenue should he made a c ondition to the annexation. In anticipation of the City Council's favorable consideration of the annexation petition, a Public Hearing will be scheduled before the Planning Commission on September 6, 1978, to con- sider the zoning of the subject property. gw • I • • - • • • r • • • • 1485 W TUFTS PROPOSED ANNEXATION L w w. STANFORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CO. TUFTS ENGLEWOOD Scale I"= 200' • I . • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: September 6, 1978 1 SUBJECT : RECOMMENDATION: Zoning Designation -1485 West Tufts Williams moved: Draper seconded: The Planning Commission recommend to City Council that property identified as 1485 West Tufts Avenue be zoned 1-1, Light Industrial, upon annexa- tion to the City of Englewood for the following reasons: I 1, The trend of development in the area in which the subject property is located has been established by the industrial zoning and construction which has taken place to the north, south and west of the subject site during the past fifteen years and this trend is industrial rather than residential. Indeed, when the County introduced Heavy Industrial zoning into this area almost 20 years ago, this trend was established. It should be noted that under the County Zoning, both Heavy and Light Industrial Zone Districts abutted the property zoned R-3, Single-family Residence , 2. The subject property should not be developed for residential purpcses because of the proximity of the subject site to: a) existing industrial development ; b) to the Denver and Rio Grande and Santa Fe Railways, which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks ; and c) to Sou th Santa Fe Drive, which i s to be constructed as a Six-lane, major arterial serving an industrial corridor as well as mass transit. 3. The 1969 Comprehensive Plan does not project new single- fa mily residential uses in this area. 4. The recommendation of the Comprehensive Plan Review Com- mittee, which committee the Planning Commission assigned the respcnsibility of evaluating the Industrial areas in the City, was that the area which lies to the east of South Santa Fe Drive on both sides o f West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and developed for industrial use. • I • • • • • AYES: Parker, Pierson, Williams, Draper, Lath r op, McClintock Owens NAYS : Smith ABSENT : Tanguma The motion carrie d. By Order o f the City Planning and Zoning Commission. /'--··/·, • .. I . - • STAFF REPORT Page -1- STAFF REPORT RE: • • • ZONING DESIGNATION Case #12-78 Zoning of property at 1485 West Tufts Avenue DATE TO BE CONSIDERED: September 6, 1978 APPLICANT: Initiated by the City Planning and Zoning Commission. NAME OF PROPERTY OWNER: Paul Robert Thurman 14 A Landing Road Roslyn, New York 11576 LEGAL DESCRIPTION : A tract of land in the West 1 /2 of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West, thence East along the North line of the Southwest 1 /4 of the Northeast 1 /4 o f Section 9, Township 5 South, Range 68 West, a distance o f 330.0 feet more or less to the true point of beginning , said true point of beginning also being on the City Limits o f Englewood, Colorado ; thence continuing East along said City Limits a distance of 165 feet more or less ; thence South 0 ° East along the City Limits of Englewood, Colorado, a distance of 660 feet more or less to the center- line of West Tufts Avenue ; thence West and leaving the City Limits line of Englewood, Colorado, a distance of 165 feet more or less; thence North a distance of 660 feet more or less to the true point of beginning . Said tract of land containing 2.50 acres, mor e or less. LOCATION: The property lies between West Tufts Avenue and West Stanford Avenue, and is immediately to the west of th e Garrett property which was z oned I-1, Light Industrial, by Ordinance No . 13, of 1978. -~-------. I • - • STAFF REroRT Page -2- • • - PRESENT ZONE DISTRICT CLASSIFICATION: ZONING DESIGNATION Case #12-78 The property is zoned R-3, Single-family Residence, by Arapahoe County , This Zone District permits a single- family house to be constructed on a lot with a minimum front- age of 75 feet and a minimum lot area of 12,500 square feet . PROPOSED ZONE CLASSIFICATION: I-1, Light Industrial REASON FOR ACTION: The City Council has received a petition signed by the property owner, which requests annexation of the subject property to the City o f Englewood, Th e 1965 Annexation Act, as amended, requires that the propert y be zoned by the annexing municipality within ninety days following the ann exation. In order to comply with this time restri ction, it is necessary t o begin the zoning process as soon as pos sible after the annexa -tion petition is received. Clinton K. Bush, President of C.M. Distributors, has stated that his firm is interested in purchasing the subject property and requests that the land be z oned f or indu stria l use. It is their intention to relocate their business fr om 1470 West Thomas Avenue to this site in order that they can construct a larger building. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT : If the property identified as 1485 West Tufts Avenue is annexed to the City of Englewood, it is the opinion of the staff that it should be zoned I-1, Light Industrial, for the f ollowing reasons : 1. The trend of development in the area in which the subject property is located has been established by the in- dustrial zoning and construction which has taken place to the north, south and west of the subject site during the past fiftee n years and this trend is industrial rather than resi- dential. Indeed, when the County introduced Heavy Industrial z oning into this area almost 20 years ago, this trend was es- tablished. It should be noted that under the County Zoning, both Heavy and Light Industrial Zone Districts abutted the property zoned R-3, Single-family Residence. 2. The subject property should not be developed for residential purposes because of the proximity of the subject site to: a) existing industrial development ; b) to th Denver and Rio Grande and Santa Fe Railways which are destined to carry I • • STAFF REPORT Page -3- • • • ZONING DESIGNATION Case #12-78 an increasing number of coal trains in addition t o the other trains which us e the tracks; and c) to South Santa Fe Drive, which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit . 3. The 1969 Comprehensive Plan does not project new single-family residential uses in this area . 4. The recommendation of the Comprehensive Plan Re- view Committee, which committee the Planning Commission assigned the respansibility of evaluating the Industrial areas in the City, was that the area which lies to the east o f South Santa Fe Drive on both sides of West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and deve loped for industrial use , DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: With the exception of a small house, a ga rage and a shed located toward the Tufts frontage, the site is undeveloped , In the past, the north partion of the site has been used for the storage of construction material. The area to the north is zoned for and developed with industrial uses. The land adjoining on the east was recently z oned I-1 , Light Industrial, by the City Council, but no development has ta ken place to this time. Single-family residential unit s whi ch are in the unin- corporated area front on the south side o f West Tufts Avenue, South of these units, there is a continua tion of the light in-dustrial development. To the west of the subject sit e, the north one-third of the property adjoins a partion of the Friedman Paper plant which is zoned I-1, Light Industrial , Th e south two-thir ds of the site abuts land z oned R-3, Single-family Re sidence, alt hou gh the nor th partion of this land wa s z oned I-1, Light Industrial, during the time the area was considered to be in the City of Englewood several years ago, and an industrial building was constructed on this property during that time. The remainder o f the unincorparated property to the west of the subject site, is zoned I-2, Heavy Industrial, by Arapahoe County, and the land to the west which is i n the City is zo n ed I-1, Light In-dustrial. The properties to the south of the subject site at both 1470 and 1600 West Tufts Avenue are the s ubject of petitions to annex to the City of Englewood. • I • • STAFF REPORT Pag e -4- • • • ZONIN G DESIGNATION Case #12-78 BACKGROUND OF PREVIOUS ACTION RELATING TO THE AREA: The subject site is part of the original Santa Fe - Union Annexation Area which was annexed to Englewood in December of 1973. The Annexation was challenged in the c our ts by some of the affected property owners and as a result of this c ou rt action, the annexation was abandoned by the City o f Englewood and the area reverted to it's original sta t us as an unincorpo- rated part of Arapahoe County, Since then, the owners of two properties which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood. Both of these properties have been z oned I-1, Light Industrial. The owners of two other propertie s have p et itioned for annexation to the City o f Englewood and these petitions are being evaluated by the City Council at this time. RELATIONSHIP TO THE COMPREHENSIVE PLAN : The Comprehensive Plan plojects the use of the low land which is west of the City Ditch in t he vicinity o f West Tufts Avenue, for industrial p urposes. West Tufts Avenue, from Clarkson west to the Navajo Street alignment, is designated as a Collector on the Master Street Plan. The extension o f South Navajo S treet will b e adjacent to the subject property on the east. COMMENTS FROM OTHER DEPARTMENTS : No negative comments were received rel ative to the proposed zoning, The Public Works Depar t ment states that the north thirty (30) feet o f the subject property should be dedicated to the public for right-of-way for West Stanford Avenue ; how- ever, this is a matter to be considered as part o f the an n exa-tion, not the zoning. The Utilities Department has stated that water and sanitary sewer service is availab le to the subject area . site, Fire and Police service is also available to the DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: In the past fiftee n years, no permits have been issued by either the City of Englewood or Arapahoe County for any use other than industrial in the low area west of the City Ditch in the vicinity o f West Tufts Avenue. When the County zoned the unincorporated area in the early 1960's , they imposed both heavy and light industrial zoni ng on the land in the vicinity o f South Windermere Street, but left the existing houses along West Tufts Avenue in the R-3, Single family Residence, zone classification • I • • • STAFF REPORT Page -5- ,. • • • ZONING DESIGNATION Case #12-78 at the request of some of the residents. When the County intro- duced the heavy industrial district zoning into this area, they not only recognized that the trend of any new development would be other than residential, but established that trend by zoning land in the area I-2, Heavy Industrial . Because of the proximity to South Santa Fe Drive and the railway lines, and because of the elevation of the land to the west of the City Ditch, the subject area is no t conducive to residential development. On the other hand, uses o f a heavy industrial nature such as would be permitted under the County I-2 Zone District would not be compatible in the area. The I-1, Light Industrial Zone classification will allow the owners a reasonable use of the land and at the same time, will not permit industrial uses of intensity that would be permitted under the County I-2 Zoning. • .. I • • - - • • • • • • • Proposed Zoning L w STANFORD ENGLEWOOD /-/ w T-, light Ind . r- 1 I I lf-2 I I I CO. R-3 UFTS • - ~ Proposed,I-1 Zoning ~ City Zoning Pending I -/ ENGLEWOOD Scale I"= 200' I . • - • • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: September 19, 1978 SUBJECT: Findings of Fact: Case #12-78 l RECOMMENDATION: Pierson moved: Lathrop seconded: The Planning Commission accept th e Finding s of Fact on Case #12-78, and recomm e nd t ha t these Findings o f Fact b e f orwarde d t o Ci ty Council . AYES: Lathrop, Parker, Pierson, Draper NAYS: None ABSTAIN : Tanguma ABSENT : McClin t ock , Sm ith, Williams Th e mo t ion carrie d, By Order of the City Planning and Zoning Commission, • I • • n • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLO RA DO IN THE MATTER OF CASE NO. 12-78 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ZONING OF PROPERTY IDEN-) TIFIED AS 1485 WEST TUFTS AVENUE,) AN AREA WHICH IS THE SUBJECT OF ) PETITIONS REQUESTING ANNEXATION ) TO THE CITY OF ENGLEWOOD. ) The zoning o f the property identified as 1485 West Tufts Avenue was considered at a Public Hearing on Sept e mber 6, 1978, in the Council Chambers of the Englewood City Hall . The following me mb ers of t he Commission were present: Dr aper, Lathrop, McClintock, Ow ens, Parker, Pierson, Smith and Williams. Mr . Tanguma was not present durin g the meeting , FINDINGS OF FACT Upon review of the e vidence taken in the form of testimony, pres entations, reports and filed documents, the City Planning and Zoning Co mmi ssion makes the f ollowing Findings of Fac t: 1 . That a petition has been received by th e City Counc i l requesting the annexation of the subject property to the City of Englewood, and said petition is being considered by the members o f Council. 2, That the z oning of this area was initiated by the City pursuant to Sections 22,1-5 and 22 .1-7 of the Compre- hensive Zoning Ordinance, and Section 31-12-115 (2) of the Municipal Annexation Act of 1965, as amended , 3. That notice of the Public Hearing at which the zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentinel , 4 , That the land which was the subject of the Hearing on September 6, 1978, is described as follows: A tract of land in the West 1 /2 of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Rang e 68 West of the 6th Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West, thence East along th North line of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range • I • • • • • - -2- 68 West, a distance of 330.0 feet mor e or less to the true point of beginning, said true point of beginning also being on the City Limits of Englewood, Colorado ; thence continuing East along said City Limits a distance of 16 5 feet more or less; thence South 0 ° East along the City Limits of Englewood, Colorado, a distance o f 660 feet more or less to the center- line of West Tufts Avenue; thence West and leaving the City Limits line of Englewood, Colorado, a dis tance of 165 feet more or less; thence North a distance of 660 feet more or less to the true point of beginning. Said tract of land con-taining 2.50 acres, more or less . 5. That the land has been zoned R-3, Single-family Residence, by Arapahoe County, since the early 1960's. 6. That significant changes have occurred in the area since the subject property was z oned R-3, Single-family Residence, by Arapahoe County, which detract from f urther residential development on the subject property . 7. That the topography o f the land and the location of the site in proximity to industrially zoned land to the north, east and northwest, and to ·indus trial development to the north and west, as well as to the railways and t o South Santa Fe Drive, a major arterial, are such that any development on the site would more reasonably be for a use other t han single-family residence. B. That the I-1, Light Industrial Zone District, would be an extension of the z oning applied to the land ad- joining the subject site on the north, east and northwest, which land is within the City of Englewood. 9. That the I-1, Light Industrial Zone Di strict classification would be compat ible with the Generali zed Land Use section of the Comprehensiv e Plan and the recommendation of the ad hoc committee appointed by the Planning Commission to review the Industrial section of the Comprehensive Plan. CONCLUSIONS 1. That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That because of changes which have occurred in the adjacent area since the subject site was z oned for single- family residential use by Arapahoe County, the highest and best use of the property is for other than residential; 3. That the subject property is bounded on the north, east and northwest by land which is in the City of Englewood, which land is zoned I-1, Light Industrial and which is either developed or planned to be developed with • I • • • • • .. • -3- industrial uses, making the extension of the industrial zoning to the subject site a reasonable and logical action; 4. The proposed I-1, Light Industrial Zone District will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned, I-1, Light Industrial, upon annexation . Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978: Those members voting in favor of the motion: Mr. Draper, Mr. Lathrop, Mr . McClintock, Mr. Owens, Mr. Parker, Mrs. Pierson and Mr. Williams. Those members opposed to the motion: Mr. Smith. Those members absent: Mr. Tanguma BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. • I . - • • • • • INTRODUCED AS A BILL BY COJN lLMl\N -CLAY'l'Ol'L ------ BY AUTHORITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CI TY OF ENGLEWOOD , ARAPA HOE COUN TY, STATE OF COLORADO , FROM AN UNZONED CLASSIFI CATION TO I-1 , LIGHT INDUSTRIAL DI STRTC T . J. WHEREAS, the property described her e in was annexed to the City of Engl e wood , by Ordinance No . , Series of 1978 ; an d WHEREAS , pursuant to Sec tion 22 .1-7 of the Compre h en- siv e Zoning Ordinance any area of land annexed to the City afte r the effective date of said Compr e hensive Zoning Ordinace shall b e considered to be wi hout zone classific a tion ; and WHEREA S, said parce l of land, being without zone classificat ion, the City Pl a nning and Zoning Commission held Public Hearings whi ch concluded on SPptember 6, 1978 to zone said newly a nn exed parcel to I-1, Light Indus rial District; an d WHEREAS , the Plann ing and Zoning Corrun issio n has co nsidered the proposed amendment and map change , and has su bmitted its favora ble r commend~ ion to th e Ci y Coun ci l hercfo r; and WHEREAS, pursuant to Sec i on 22 .3 of the Comprehensive Zo ning Ordinance a Publi c Hearin was held before the City Co uncil October 30, 1978 to zon said newly ann exed parce l of land accordin g to he aLove classific ation; and WHEREAS, public nc cssi y, conven i ence , health, s fety , the general we lfare nnd good zoning prac ti ce j ustify he proposed amendment to th· said Official Zoning Ma p, as hereinaf ter set forth. NOW, THEREFORE, B" J'l' ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows : Sect ion 1. The following descri ed property shall be zoned from a n unzoned classifi cation , as a newly annexed parcel of -1- • I • • • • • • land, to I-1, Light Industrial District: Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street ; thence East along the South line of We st Tufts Avenu e 127.3 f ee t to the true point of beginning; thence North 10 feet; th e nce West along a line parall e l with the South line of West Tufts Av e nue a distance of 396.13 feet more or less to a po int on the City of Englewood City Limits line; thence South 56 °0' East along the City Limits a distance of 17.88 feet more or less to the South line of West Tufts Avenue; thence South 11 °19 1 West along said City Limits line a distance of 254 .55 feet; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street; thence South 166.79 feet to a point on the City of Englewood City Limits; thence East along a curve to the left having a radius of 45 feet thru 215° and following the City limits a distance of 168.7 feet; thence North 35 ° West 52.1 feet to the East line of South Windermere Street; thence North along the City Limits a distance of 100.0 feet ; thence South 89 °46• West a distance of 10.0 feet more or l ess to the East ri g ht-of-way line of South Windermere Street; thence North a long said right-of-way line a distance of 250 fe e t more or l es s to a point on the South line of West Tufts Av e nue ; thence East along said South line a distance of 87 .3 feet to the true point of beginning; said parcel of land containing 2 .232 acres more or l e ss. Section 2. The Official Zoning Map of the City of Englewood, Colorado, h e reby is amended accordingly. Introduced, read in full and passed on firs reading on the~day of Octob r, 1978. Published as a Bill for an Ordinance on th e~day of October , 1978. -2- • I • • • • • • Read by title and passed on final reading on the 30thaay of October, 1978. Published by title as Ord inance No. , Series of 1978 , on the day of , 1978. Mayor ATTEST: e x officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published b y titled as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -3- • I • • n • • • • INTRODUCE D AS A BILL DY COU NC TLMAN -CLAYT.ON-... ____ _ BY AUTHORITY ORDIN ANCE NO . , SERIES OF 197 8 AN ORDINANCE ZONING A NEWLY ANNEXED PARC E L OF LAND TO THE CI TY OF ENGLEWOOD, ARAPAHOE COU NTY , STATE OF COLO RADO, FROM AN UNZONED CLASSIFI CATION TO I-1 , LI GHT INDUSTRI AL DI STRTCT . WHEREAS , he property d escribed herei n was annexe d t o the City of En glewood, by Ordinance No. , Series of 197 8 ; a nd WH ERE AS, pursuant to Se ction 22 .1-7 o f the Com p r ehe n- sive Zoning Ordinan ce any area of land annexed to the City afte r the effective date of said Comprehe nsive Zoning Ordinace shall be considered to be wi hout zone classifica tion ; and WHEREAS, said parce l of land , being wjthout zone classif ica tion , the City Pl a nning a nd Zoning Commission hel d Public Hearings wh ich conc luded o n September 6 , 1 9 78 to zone sa id newly annex e d parcel to I-1, Light In dustrial Dis t r ict ; and 1m ERE AS , th' Planning and Zoning Commission ha s co nsid e red the proposed amendmen t a nd map change , and has su bmitted its favorable recommendat i o n to th e Ci y Cou n ci l t herefor; and ~!EREAS , pursuant o S ec tion 22 .3 of the Comprehens ive Zo n i ng Ordin a nce a Public Hearing was held before the Ci ty Council Octo b er 30 , 1978 to 70ne said newly annexed p reel of land accordin g o the bove clas~1fica ion ; an~ WH EREAS , pub l ic nccpssi y , convenience , hea lth, safe y , the general welfare and good zonjng pra ice jus tify the proposed ame n dment to lhe Sdid Official Zoning Map, as hereinaf t e r set forlh . NOW, THEREFORE, BS IT ORDAI lED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , as follows : Section 1. The fo llow i n g describe d property shall be zoned from a n unzone d c l assification , as a newly annexed parcel of -1- I • • - • • • • • • land , to I -1, Light Industrial Distri c t: Beg inning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the We st line of South Windermere Street; th e nce East along the South line of West Tufts Avenu e 127.3 feet to the true point of beginning; th e nce North 10 feet; thence West along a line parallel with the South line of West Tufts Av e nue a distance of 396.13 feet more or less to a point on the City of Englewood City Limits line; th e nce South 56 °0' East along the City Limits a distance of 17.88 feet more or less to the South line of West Tufts Avenue; thence South 11 °19• West along said City Limits line a distance of 254.55 feet; thence North 89 °47• East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street ; thence South 166.79 feet to a point on the City of Engl e wood City Limits; thence East along a curve to the l eft having a radius of 45 feet thru 215° and following the City limits a distance of 168.7 feet ; thence North 35 ° West 52.1 feet to the East line of South Windermere Street; thence North a lon g the City Limits a distance of 100.0 feet; thence South 89 °16• We st a distance of 10.0 feet more or less to the East ri g ht-of-way line o f South Winde rmere Street; thence North along said right -o f -wa y line a distance of 250 feet more o r l ess t o a point on th e South line of West Tufts Avenue ; thence East a long sai d South line a distance of 87 .3 feet to the tru e point of beginning ; said parce l o f land containing 2 .232 acr e s more or l ess . Section 2. The Offi cial Zoning Map of the City of Englewood, Colorado, h ereby is amended accordingly . Introduced, read in full and passed on first reading on the...J.Rd--day of October, 1978 . Published as a Bill for an Ordinance on the.!!:!!.._day of October, 1978. -2- • , I • • • • • • Read by title and passed on final reading on the 30thaay of October , 1978 . Published by title as Ordinance No.~-=--=-=-~' 1978, on the day of , 1978. Series of Mayor ATTEST : ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance , passed on final reading and published by titled as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -3- • I . . / • • • • INTRODU CED AS l\ BILL BY COU N 1 LM/\N _er llYTO BY AUTHORITY ORDINA NCE NO . , SERIES OF 1978 AN ORDINANC E ZO NI NG A NEWL Y ANNEXED PARCEL OF LAND TO 'fHE CITY OF ENGLEWOOD, l\RAPA ll OE COU NTY , STATE OF COLORADO , FROM AN UNZONE D CLASSIFI CATION TO I-1 , LI GHT INDUSTRIAL DIS TRT CT . WHEREAS, the property des c ribe d herein was an ne xed to the City of Engl e wood, by Ordj na n ce No . , Series of 1978 ; a nd WH ERE AS , pursuant to Se ction 22 .1-7 of the Compr e hen- sive Zoning Ordinan ce any area of land annexed to the City af ter the effec tive d a t e of said Compre hensive Zoning Ordinace s hall be considered to be without zone classifi ca tion ; and WHEREAS, said parcel of land , being without zo n e classification, the City Pl a nning a n d Zoning Commission hel d Pub li c Hea rings which conclude d o n Sep t embe r 6, 1 97 8 to zone s aid newly a nn e x e d par c el to I-1 , Li g h t Indu s trial District; and WHEREA S, th e Plan ni ng an d Zo ning Comm is sio n h a s c onside r ed the propose d a me n dme nt a nd map c h ange , an d h a s s ubmitted its favorabl e r ecomme n da ion to the C i y Cou n ci l there fo r; and WHEREAS , pur s uant t o S e ctio n 22 .3 o f h e Comp re h e nsive Zoning Ordinance a Publi c ll ea r in g wus he ld before the C i t y Council October 30, 1978 to zone said new l y annexed parce l of l a nd a cco r ding o h0 a ave classification ; a,d WHEREAS , publi c nec0ssi y , conv e n ienc0 , health , sa f e ty, the gen e ral we lfa r e and good ?onjng prac ice jus tify the p ropos e d a me nd me n t to th· said Official Zoning Map , as herei nafter s e t for lh . NOW, THERE FORE , Br.: JT ORDAI lED BY T HE CI T Y COUNC I L OF THE CITY OF E NGLEWOOD , COLORADO , as fol lows : Sec tion 1 . Th e follow i n g described pro perty shall b e z on e d f r o m a n unzoned cl assification , as a newly an n e x ed p arce l of -1 - • I . ' , • • • • land , to I-1, Light Industrial Distric t: Be ginning at the North e ast corner of Plot 3, Be ll Isle Garde ns, Arapahoe County, Colorado, which is the point of intersection of the South line of We st Tufts Avenue and the We st line of South Windermere Street ; thence East along the South line of Wes t Tufts Avenue 127.3 feet to the true point of beginning ; th e nce North 10 feet; thence Wes t along a line parallel with the South line of We st Tufts Av e nue a distance of 396 .13 feet more or less to a p oint on the City of Englewood City Limits line; th ence South 56 °0' East along the City Limits a distance of 17.88 feet more or l es s to the South line of West Tufts Avenue; thence South 11 °19' West along said City Limits line a distance of 254.55 f ee t; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Winde rme re Street; thence South 166 .79 feet to a point on the City of Eng l e wood City Limits; thence East along a curve to the left having a radius of 45 feet thru 215 ° and following the City limits a dis ta nce of 168.7 feet ; thence North 35 ° West 52.1 fe e t to the East line of South Winderme re Street; thence North a lon g the City Limits a distance of 100.0 feet; th e nce South 89 °46' We st a di sta nce of 10.0 feet more or less to the East ri g ht-o f -way line of South Winde rmere Stree t; thence North a lon g said right-of-way line a distance of 250 feet more or l es s to a point on the South line of We st Tu fts Av enu e; thence East along said South line a distance of 87 .3 feet to the tru e point of beg innin g; said parcel of land containing 2 .232 acres more or l ess . S ec t ion 2. The Offi c ial Zo ning Map of the City of Eng l ewood , Colorado, hereby is a me nd e d a c cordingly. Introduced, read in full and passed on first reading on the --6fl4-day of Octobe r, 1978. Published as a Bill for an Ordinance on th e ~day of October , 1978 . -2- • I • - - 0 • , • • • ,. • Read by title and passed on final readi ng on the 30thaay of October, 1978. Published by title as Ordinance No. , S eries of 1978, on the day of , 1978. Mayor ATTEST: e x officio City Clerk-Treasurer I, William D . James, do here by certify that the above and foregoing is a true , accurate and complete copy of the Ordinance , passed on final reading and published by titled as Ordinance No. , Series of 1978. ex officio City Clerk-Treasure r -3- • I • • • • • • l"ITRODUCED AS l\ BILL BY COUN 1 LMJ\N -CLAY.T.Q.,._ _____ _ BY AUTHORITY ORDIN JINCE NO . , S ER IES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CI TY OF ENGLEWOOD , ARAPAHOE COU NTY , STATE OF COLO RADO , FROM JIN UNZONED CLJ\SSIFICATION ·ro 1-1 , LI GHT INDUS'l'RIAL DISTRTCT. WHEREAS , the property d e scri bed here in was a n nexed to the City of En glewood , by Ordinance No . , Series of 19 78; a nd WHEREAS , pursua nt to Sec tion 22 .1-7 of the Compre h e n- sive Zoning Ord inance any area of land annexed to the City afte r the effective date of said Compr ehe nsive Zoning Ordinace shall be considered to be without zone clas s ifi ca tion; and WH EREA S, said parcel of land , being without zone classificat ion, the City Pl a nning and Zonjng Commission he ld Public Hearings whic h concluded on Septembe r 6, 1 9 78 to zone said newly a nn exed p arce l to I-1, Light Industrial Dis trict ; an d WHEREAS , the Planning and Zoni n g Comm iss ion has c onside r ed the proposed a mendmen t and map change , and h a s su bmitted its favorable re ·ommendatio n to the C ity Council therefo r ; and WHEREAS , pursuant to Sec ion 22.3 of the Comprehensive Zo ning Ordinance a Public Hedring was held b efore he Ci ty Co uncil October 30, 1978 to zone sajd n e wly annexed parce l of land a co~din g o Lhe aLove classification; and WHEREAS , public necC'ssity , convenience , health , safety , the general welfare and good zonjng pra tice jus tify he proposed am nd mcn to the said Official Zoning Map, as hereinafter set forLh. NOW, THEREFORE, BE IT ORDA HlED BY T HE CI TY COUNCIL OF THE CITY OF Et GLEWOOD , COLORJ\DO , as follows: Section 1. The following describe d property shall be zoned from a n unzoned cla ssificaLion , as a newly annexed parcel of -1- • I • • • • • - l a nd, to I-1, Light Indust r i al Distr ic t: Beg inning at the North e ast corner of Plot 3, Bell I sle Garde ns, Arapahoe County, Colorado, which is the point of intersection o f the South line of We st Tufts Av e nue and the We st line of South Winde rmere Stree t ; th e nce East along the South line of West Tufts Av e nu e 1 27 .3 f ee t to t h e true point of beginning ; th e nce North 10 fee t ; th e n ce We st along a line parall e l with the South line of We st Tufts Av e nue a distance of 396 .13 f eet more or less to a p oint on the City of Englewood City Limit s line; th e nce South 5 6 °0' East along the City Limits a dis t a nce of 17.88 feet mor e or l e ss to the South line of West Tufts Av e nue; thence South 11 °19• West along said City Limits line a distance of 2 5 4 .55 fee t ; th e nce North 89 °47' East and leaving the City Limits of Eng l e wood a dis tance of 304.1 feet to the We st line of S o u t h Wi n derme r e Stre et ; th e nce South 166.79 f ee t to a point on the City o f E ng l e wood C i ty Limits; thence East along a curve to th e l ef t having a radius of 45 feet thru 215 ° and f ollowing the City limits a di s tance of 168.7 feet ; thence North 35 ° West 52.1 f eet t o the Ea st line of South Winde rm e re Street; th e nce North a lon g th e Cit y Limits a distance of 100.0 feet ; thence South 8 9 °1 6 ' We st a dis t ance of 10.0 feet more or less to the Ea s t ri g ht-o f -wa y line of South Winde rmere Street; thence No rth a l ong said r ig ht-of-way line a distance of 250 fe e t mor e or l es s to a point on th e South line of We st Tufts Av e nu e; the n ce Ea s t along s aid South line a distance o f 87 .3 feet to t h e tru e point of beginnin g; sa id parcel o f land containing 2 .23 2 a c r e s more or l e ss. S ec tion 2. The Official Zoning Map of the City of Englewood , Colorado , hereby is amended accordingly. Introduced , read in full and passed on first reading on the~day of October , 1978 . Published as a Bil l for an Ordi n a n ce on the_i!J:!._day of October , 1978. -2- • I • • - • • • • Read by title and passed on final reading on the 30thaay of October, 1978. Published by title as Ordinance No.~~~~' 1978, on the day of , 1978. Series of Mayor ATTEST : ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance , passed on final reading and published by titled as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -3- • • I • • - • r ( • TO: F ROM : DATE: • • • l D City Managerf1J~~'Jtn Richard S . ;~h, Director of Co mmuni ty Development August 14, 1978 SUBJECT : Belle Isle Garde ns Annexation Petition The petition to annex the land owned by Thomas Pl at ing Co., D1 c . and Carl L. and Evelyn Y. Vaughn to the City of Englewood, has been reviewed by the City Departments which wo uld be responsible for providing service to the property. None of the Department Heads have expressed oppo sition to the annexation, and all of the City 's services can be extended to the property . This property i s located on the southwest corner of West Tufts Avenue and South Windermere Street a nd the ownership and legal description is as follows: Lot 1, Belle Isle Gardens, Arapahoe County, Colora do OWned by Thomas Plating Co., Inc. 4695 Sout h Windermere Street , Englewood, Colorado Lots 2 and 3, Belle Isle Garde n s, Arapahoe County, Co. Owned by Carl L. an d Evelyn Y . Vaughn 1600 West Tufts Avenu e En glewood, Colorado In reviewing the petition, this Department has determined that the property is in compliance wit h all of th e statutory requirements for annexation to the Ci t y of Englewood, finding as follows: 1 . More than one-sixth (1 /6 ) of the perime t e r of the property which is the subject of th e petition is contiguous with the boundary of the City of Englewood . 2. Inasmuch as at least forty-four (44) p rccnt of the boundary of the subject property is contiguous with the City of Englewood , the land is considered to be of urban character, capable of being integrated with the City, and having a community of interest with th City. 3. The City can extend services to the subject property • • I • • City Manager Mccown August 14, 1978 Page -2- • • • 4. The petitioners are the owners of one hundred percent (100%) of the property to be annexed, exclusive of public rights-of-way, and the annexation will not cause a division of property without the written consent of the owner. S. The subject property is less tha·n twenty (20) acres in area and has a valuation for ad valorem tax purposes which is less than two hundred thousand dollars. 6. The annexation will not change the school district boundaries ---the property will remain in the Englewood School District. 7. The petitioners state that it is desirable and necessary that the property be annexed to the City of Englewood. 8. Proceedings are not underway to annex the subject property to another municipality. The petitioners have been notified through Mr. James Norling, the person who holds an option to purchase the subject property, that right-of-way will have to be dedicated for the west ten (10) feet of South Windermere Street, and for the south twenty (20) feet of West Tufts Avenue. It would be the staff recom- mendation that the right-of-way dedications be made a condition to the annexation. In anticipation of the City Council's favorable consideration of the annexation petition, a Public Hearing has been scheduled before the City Planning and Zoning Commission on September 6, 1978, to consider the zoning of the subject property. gw • I . - • • • • 1600 W TUFTS PROPOSED ANNEXATION w. STANFORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CO. TUFTS AVE . ENGLEWOOD AVE . Scale I"= 200' • I . - - ( • • • • • l D MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 6, 1978 SUBJECT: Zoning Designation -1600 West Tufts Avenue RECOMMENDATION: Williams moved: MCClintock seconded; The Planning Commission recommend to City Council that property identified as 1600 West Tufts Avenue be zoned I-1, Light Industrial, upon annexation to the City of Englewood for the following reasons: 1. Because of the proximity of the subject site to existing industrial development; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks ; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned for in-dustrial use. 2. When Arapahoe County introduced the heavy industrial zoning into this area almost 20 years ago, the industrial trend was established. Since that time, all development in the area has been for industrial use. 3. The 1969 Comprehensive Plan projects industrial development in this area. 4. The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subject area should be zoned and developed for industrial use. AYES: Pierson, Williams, Lathrop, McClintock, Owens, Parker NAYS: Smith ABSTAIN: Draper ABSENT: Tanguma The motion carried. By Order of the City Planning and Zoning Commission. • I • ...... { ( • STAFF REPORT Pa ge -1- S TAF F REPORT RE: • • - ZONING DESIGNA T IO N Case #13-78 Avenue. Zoning o f proper ty i d e n tif ied as 1 6 00 Wes t Tu f ts DATE TO BE CONSIDERED: S e p temb er 6, 1978 APPLICANT: Initiated by the City Planning and Zoning Commi s s i on NAMES OF PROPERTY OWNERS : 1. Thomas Plating Company, Inc. 4695 South Winder me re Stre et Englewood , Colora do 80110 2. Lot 1, Be ll I s l e Ga rde n s Arapahoe Count y, Color a do Carl L. and Eve lyn Y. Vaughn 1600 West Tu f ts Av e nu e Englewood, Colorado 80110 Lots 2 and 3 Bell Isle Gar d e ns Arapahoe Count y, Colorado LEGAL DES CRIPTIO N: * Beginning at the Northeast corner of Lot 3, Be l l Is l e Gar d ens, Arapahoe County, Colorado, which is the point o f inter- section of the South line of West Tufts ftvenue and the West line South Windermere Street; thence Easterly along the South line of West Tufts Av e nue 127 .3 feet; thence North 10 feet to the centerline of West Tufts Avenue and the true Point of Beginning; thence Westerly along the centerline of West Tufts Avenue 396.13 feet more or less to the City of Englewo od City Limits line; thence So uth 56 °0' East along the City Limits a distance of 17.88 feet more or less to the south line of West Tufts Avenue ; thence South 11 °19' West along said City Limits line a distance of 254 .55 feet ; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street ; thence South 166,79 feet to a point on the City of Englewood City Limits ; thence East along a curve to the left having a radius of 45 feet thru 215 ° and following the City Limits a distance o f 168.7 feet; thence North 35 ° West 52.1 feet to the East line of South Windermere Street; thence North along the City Limits a distance of 100 .0 feet ; thence South • I • - - ( • STAFF REPORT Page -2- • • • ZONING DESIGNATION Case #13-78 89 °46' West a distance of 10,0 feet; thence North along the City Limits line a distance of 250,0 feet; thence Easterly along the City Limits line 87,3 feet; thence North 10 feet to the true point of beginning. Said parcel contains 2.232 Acres, more or less. LOCATION: The southwest corner of South Windermere Street and West Tufts Avenue. PRESENT ZONE DISTRICT CLASSIFICATION: County, The property is zoned I-2, Heavy Industrial by Arapahoe PROPOSED ZONE CLASSIFICATION: I-1, Light Industrial Zone District, REASON FOR ACTION; The City Council has received a petition requesting the annexation of the subject property to the City of Englewood. In order to meet time limitations set by the 1965 Annexation Act, as amended, and by §22.1-5 of the Comprehensive Zoning Ordinance, it is necessary to start the zoning process as soon as possible after the annexation petition is received , RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the subject property be zoned 1-1, Light Industrial, upon annexation to the City of Englewood, for the following reasons: 1) Because of the proximity of the subject site to existing industrial development; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned for industrial use. 2) When Arapahoe County introduced the heavy industrial z oning into this area almost 20 years ago, the industrial trend was established. Since that time, all development in the area has been for industrial use. 3) The 1969 Comprehensive Plan projects industrial development in this area, • I • • ( • STAFF REPORT Page -3- • • • ZONING DESIGNATION Case #13-78 4) The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subject area should be zoned and developed for in-dustrial use. DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: The subject site is bounded on the west by the A.T. & S.F. Railway right-of-way, on the north by West Tufts Avenue, and on the east by South Windermere Street , The railway lines and South Santa Fe Drive preclude development to the west of South Windermere Street north of West Tufts Avenue, and the property fronting on the east side of South Windermere Street is developed with industrial uses. There is a residence on the property immediately to the south of the subject site, with industrial uses to the south of that. The only develop- ment on the subject property is a house , garage and shed owned by Mr. and Mrs. Vaughn at 1600 West Tufts Avenue. The property to the northeast, east and south of the subject site is zoned for industrial development. BACKGROUND OF PREVIOUS ACTION RELATING TO TIIE SUBJECT SITE : The subject property was part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in December of 1973, The subject area was subsequently zoned 1-1, Light Industrial, by the City , Later, the annexation was challenged in the courts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Englewood and the area reverted to its original status as an unincorporated part of Arapahoe County. Since then, the owners of two properties which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood. Two other petitions requesting annexation of land in the vicinity of the subject site to the City of Englewood have been received by the City Council. A third annexation petition will be submitted to the City Council at the meeting on September 5, 1978, This petition involves land on the west side of South Mariposa Drive, which is adjacent to the Englewood reservoir . RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan projects the use of the land west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes. • • I • • ( • STAFF REPORT Page -4- COMMENTS FROM OTHER DEPARTMENTS: • • • ZONING DESIGNATION Case #13-78 No negative comments were received relative to the proposed zoning, and City services can be provided to the property. The Public Works Department states that the north twenty (20) feet of the property should be dedicated to the public for right-of-way for West Tufts Avenue and the east ten (10) feet of the property should be dedicated for South Windermere Street right-of-way. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The subject property has been zoned for heavy industrial use at least since the early 1960's, even though it has not been developed to this time. It abuts railway right-of-way, so it is attractive to the party who has an option to purchase the land because he will need a spbr for his business. The land is in the heart of an industrial area and should be zoned for industrial development upon annexation to the City of Englewood. • The annexation petition pertains to Lots 1, 2, and 3, Bell Isle Gardens, Arapahoe County, Colorado. The adjacent street right-of-way will be included in the annexing Ordinance and in the zoning ordinance. • • I • • - • r • • • • 1600 W TUFTS PROPOSED ANNEXATION w. STANFORD ENGLEWOOD r------- 1 I I I I I I CO. TUFTS AVE . 25 E~RT-n1~+--+--...._... ! • ENGLEWOOD AVE . Scale I"= 200' • I . • ....... • • c • • • • l 0 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: September 19, 1978 SUBJECT: Findings of Fact: Case #13-78 RECOMMENDATION: Pierson moved: Parker seconded: The Planning Commission accept the Findings of Fact for Case #13-78, and recommend that these Findings of Fact be forwarded to City Council, AYES: Parker, Pierson, Draper, Lathrop NAYS: None ABSTAIN: Tanguma ABSENT: McClintock, Smith, Williams The motion carried, By Order of the City Planning and Zoning Commission. • D I • • n ( ( ( • • • • CI TY PLANNING AND ZONING COMMISSIO N ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 13-78, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE ZONING OF AN AREA IDENTIFIED AS 1600 WEST TUFTS AVENUE, WHICH AREA IS THE SUBJECT OF A PETITION REQUESTING ANNEXATION TO THE CITY OF ENGLEWOOD. A Public Hearing was held in connection with Case No. 13-78 on September 6, 1978, in the Council Chambers o f the Englewood City Hall . Th e following memb ers o f the Com- mission were present : Draper, Lathrop, McClintock, Ow ens , Parker, Pierson, Smith and Williams . Mr . Tang uma was no t present . FINDINGS OF FACT Upon revi e w of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes th e f ollowing Fin dings of Fact: 1 . That a petition has been received by the City Council requesting the annexation o f the subject pro perty to the City o f Englewood, and said petition is being considered by the members o f the Council . 2. That the zoning of this area was initiated by the City pursuant to Sections 22.1-5 and 22 .1-7 of the Compre- hensive Zoning Ordinance and Section 31-12-115(2) of the Municipal Annexation Act of 1975, as amended. 3. That notice of the Public Hearing at which the zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentinel. 4. That the land which is the subject of the Hearing on September 6, 1978, is described as follows: Beginning at the Northeast corner of Lot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street ; thence Easterly along the South line of West Tufts Avenue 127 .3 feet; thence North 10 feet to the centerline of West Tufts Avenue and the • I • • n • • • • -3- true point of beginning; thence Westerly along the centerline of West Tufts Avenue 396.13 feet more or less to the City of Englewood City Limits line; thence South 56 °0' East along the City Limits a distance of 17.88 feet more or less to the south line of West Tufts Avenue; thence South 11 °19 1 West along said City Limits line a distance of 254 ,55 feet; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304 .l feet to the West line of South Windermere Street; th e nce South 166 .79 feet to a point on the City of Englewood City Limits ; thence East along a curve to the left having a radius of 45 f eet thru 215 ° and following the City Limits a distance of 168 .7 fe e t ; thence North 35 ° West 52 ,l feet to the East line of South Windermere Street; thence North along the City Limits a dis- tance of 100 .0 feet; thence South 89 °46' West a distance of 10 .0 feet ; thence North along the City Limits line a distance of 250 .0 feet; thence Easterly along the City Limits line 87.3 feet; thence North 10 feet to the true point of beginning. Said parcel contains 2.232 acres, more or less . 5. That the land has been zoned I-2, Heavy Industrial, by Arapahoe County. 6. That the proximity of the subject property to the railways, to South Santa Fe Drive and to industrial land on the north, east, south and west, is such that industrial zoning will permit the highest and best use of the land. 7. That there are no uses in the vicinity of an in- tensity normally associated with a heavy industrial area; rather the uses are of a type permitted in a light industrial district. 8. That the I-1, Light Industrial Zone District, would be an extension of the zoning applied to the adjacent land within the City of Englewood, 9 . That the I-1, Light Industrial Zone District would be compatible with the Generalized Land Use section of the Comprehensive Plan and the recommendation of the ad hoc committee appointed by the Planning Commission to review the Industrial section of the Comprehensive Plan , CONCLUSIONS 1. That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That the subject property has been zoned for industrial use by Arapahoe County , 3. That the subject site is well located for access to the railway and to South Santa Fe Drive, South Windermere Street and West Tufts Avenue, all of which makes it a desirable location for industrial development • I • • • • • -3- 4. That the subject property is adjacent to land which is in the City of Englewood, which land is zoned I-1, Light Industrial and is either developed or anticipated to be developed with light industrial uses, making the extension of the light industrial zoning to the subject site a logical action. 5 . The proposed I-1, Light Industrial Zone District, will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan, RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned I-1, Light Industrial, upon annexation , Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978. Those members voting in favor of the motion: Mr. Lathrop, Mr. McClintock, Mr. OWens, Mr . Parker, Mrs. Pierson and Mr. Williams . Those members opposed to the motion : Mr. Smith, Those members abstaining: Mr. Draper. Those members absent : Mr. Tanguma . BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. E Vice-Chairman • I> I . • CITY COUNCIL MEETING October 30, 1978 • • • Ordinanc e # 29, 30, 31, 32, 33 Resolution # 59, 60, 61, 62, 63 • 0 0 I . n - • • • v CERTIFICATION OF POSTING Attached is a phot ograph of a sign as it is erec t ed on the following described proper ty: 11JO tJ, TtJer;s ~ ?4JT IQ ... // J .R/ru. ;T<,µs &@~ ~ Legal Description I hereby certify under oa th that the above described property was pos t ed continuously for a per i od o f ~~~/--.~~-days, from~~~'"-" ....... '--~~~~~~ 13 , 19'2fi_, to ----1<'1t:::,...o-..i=q...____ ;?tfJ , 19 _Zfi__. ~'~ Sig a ure Date State of Colorado SS County of Arapahoe Subscribed and sworn to before me this __../h~_day of Ot!..fo-/x&! 19 llZ _(2tui1u6 cK. r le .1,,f /A( rU<b-.1 Notary he A separate certif i c ation shal l be presented to the Department of Commu nity Development for each Notice o f Hearing sign. Such certification should be submitted to the Department prior to the Publi c He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held • I • • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described proper t y :~~;lfl";f'2""'~~4~)~,;.......:;?;;,~v~FT.!S~:;____,,~· ~~='2L):::::..:.;;;;g~/~QL-~r~1 fwlr___/'------- ~ £~ ~/QI.JS &/B. Legal Descrip t ion I hereby certify unde r oa t h that t he above desc ri bed property was posted continuously f or a period of 17 days , from t<J:/ __ /_)_, 19 _::t!_, t o C)/: :ZO , 19-2£f.. j~~ S i gfilur e //) -/,i -7' Da t e Sta te of Colorado SS Co unty of Arapahoe Subscribed and sworn to before me this _ _..l ... 0:.-_day of OckfH.o _. 19 78 Notary Pu he A separate certif icat ion shall be presented to the Department of Commu nity Development for each Notice of Hearing sign . Such certification should be submitted to the Department prior to the Publ ic He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ;#o I), feP!:"i' k_ Legal Descrip t ion I hereby certify under oa t h that the above described proper ty wa s posted continuously f or a per i od o f -----days , from --~~~..._._'1ifl'~---- /3 . 19 /t _. t o ___ @:.....,.....Y~---__ s~12._ 19:zfi_. Sig~ __ /cJ-/6-78 Date State o f Co l o r ado SS Coun ty of Ar ap ahoe Subscribed and swo rn to befo re me this _./~h'--_d ay o f (Kfnf.c<A./ 19 7f3 No a ry 1 c A separate certifi ~ti on shall be presented to the Departme n t of Community Development for each Notice of Hearing sign . Such certificat i on should be submitted to the Department p rior to the Public Hearing in order that it can be included in the information presented to the Public body before whom the Hearing is being held • • I • • - • • • • CERTIFICATION OF POSTING Attached is a photog raph of a sign as it is erected on the follow i ng described proper t y : ///15'" ;.}, 7ijrr~ Al/€. Legal Description I hereby certify under oa t h that the above described continuously for a period o f _ ........ !~';?~~days, from _.......,.;3 ___ , 19_.._:zt_, to --~~6,,,...&~-------=-3""""-CJ-, 19-4.f_. -Signature Date State of Col o r ado SS County of Ar a pahoe Subscribed and swo rn to befo re me this __,./..,.la'--_day o f &fa Uvt / 19 18 No t a ry bliC A separate certifjc ati on shall be presented to t h e Department of Community Development for each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ i Hearing in order that it can be included in the information presented to the Public body before whom the Hearing is being held. • I • • - • • • ~?'U)fl ti J">~j_)~ ~ 10'3D-f.g ~ 1 CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described proper ty: /~ID I./. lkFB ;/v,c , Lovs I -3 I Bz-..u. .1--sJ.£ fueerili ..5vfl Legal Description I hereby certify under oa th that the above described property was posted days , from _ __.,~......,"'-4'--~~~~~ continuously for a period o f ~ ,L 3' , 19 ~· to ---~----------__.....:'.?i_._._<J.,,___, 19 ~. State of Colorado ) ) SS County of Arapahoe ) ~~ Signature Date' - Subscribed and sworn to before me this _ ..... l ... h'--_day of Oe.fo WA J 19 1' Notary Pu ic A separate certift c a i on shall be presented to the Department of Community Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ ic He aring in order that it can be included in the information presented to the Public body before whom the Hearing is being held • I • • • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : /6/P /.) lifr....s ...<'...oz;s /-3 3nL L.c;1 .e ?Mpl)/fN..s $}13 / Legal Description I hereby certify under oath that the above described property was posted days, from ~-~~'""""~r~~'------~ continuously for a period of :?2 1'5 , 19::;;1_, to --....i.(JL.:..<->.(,n/-,,.. ________ ~3'~'0..___, 19~. ~ Sign~ ...--.--/0 -/6 -?cf Date State of Colorado SS County of Arapahoe Subscr ibed and sworn t o before me this _ _.t...,b'--_day of Oe /n {J-t.d.../ 19 7~ A se parate certifi ~ ion sh all be presented to the Department of Community Development f or each Notice of Hearing sign. Such certification should be submitted to the Department prior to the Publ ic Heari ng in order that it can be included in the i n fo nnat i on prese nted to the Public body before whom the Heari n g is being held. • I • n - • • • • - '-1;1,l.J,'fUL,IJ~.~ ~ /0 -30-/S' MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGAR DI NG AC T IO N OR RECOMMENDATION OF THE C I TY PLANNING AND ZONING COMM ISSION . DATE : September 6 , 1978 SUBJECT: Zoning Designation -1470 West Tufts Av e nue. RECOMMENDATION : Parker moved : McClintock seconded : Th e Plannin g Commission recomme nd to City Council that prope rty identi f i e d as 1470 West Tufts Avenue be designa ted a s I-1, Lig ht I n du s tria l, upon annexation to the City of Eng l e wood f or the f ollowi ng reasons: 1. The I-1, Light Industrial Zone Distric t , woul d b e an e x - tension o f the I-1 Zone classi f ica t ion whi ch ha s bee n applied to l a nds within the Cit y o f Eng l e wo od, which lands adjoin the subject ar e a and ar e adj acent t o the su bject area to the southwest. 2 . Because o f its proximity to existing i ndustri a l d e v elopment, major railway lines and South S a nt a Fe Dr i v e, the s ubject area does not l e nd itse lf to f urther r e si den tial d e v e lo p ment. 3 . That th e propose d I-1 Zone classifica t ion will c on f orm to the Gene rali z ed Land Use Plan f or tha t a r e a a s set f orth in the City's Comprehe nsive Plan. The Planning Commis s ion f urth e r recommends th at t h e f ollowing conditions be impos e d on this zone d e signa t ion : a. No Bu il d i n g P e rm it s h all b e i ssu e d f o r the cons tr uction or insta llat io n o f a n y building o r structure o n t h e s u b- ject p r o pert y o r any portion thereo f exce p t in c on f o r ma n ce with a De v e lo pment Plan which has bee n appro ve d a nd re- c o r d ed in c om pliance with §22 .4A o f the Compr ehensive Zo ning Ordinance . b. There shall be a minimum setback of 25 feet from the west pr operty line o f Lot 12, Bell Isle Gardens Su bdivisio n, Arapahoe County , which Lot is identified by street address as 146 0 West Tufts Aven ue. c. The east boundary of the s u bject pro perty shall be screene d as approved by a reco rded Development Plan . d. No entrance, exit or l o ading dock shall be permitted o n the east side of any b uilding which is constructed on the subject property ; n o r shall any parking , sto rage of equip- ment, materials or trash, or access oth r than for e mergency vehicles b e p e rmitted in the area east o f said bui l dings • • I • ...... • • • • • • -2- e. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site • f. All outside storage on tbe subject property shall be en- closed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. g. Lighting facilities on the property or on any bui lding or structure located on the subject property, shall be so arranged that they will neither shine nor be re f l ected on the adjacent residential properties. AYES: McClintock, Owens, Parker, Pierson, Williams, Draper, Lathrop NAYS: Smith ABSENT: Tanguma The motion carried. By Order of the City Planning and Zoning Commission. • I • • • • STAFF REPORT Page -1- STAFF REPORT RE: • • - ZONI NG DESIGNATION Case #8-78 Zoning of 1470 West Tufts Avenu e annexation . DATE TO BE CONSIDERED : July 5 , 1978 APPLICANT: Initiated by the City of Englewoo d, Colorado, as the annexing municipality . NAME OF PROPERT Y OWNER: Antonio Bovenzi 3942 South Lipan Street Englewood, Colo rado 801 10 LOCATION: Southeast corner o f West Tufts Avenue and Sou th Beverly Drive, described as follows : Beginning at the Northe ast corner of Tract 11 , Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colora do, also being a poin t o n the City Limits of Englewood, Co lor ado ; Thence West along said City Limi ts, also being the North line o f Tract 11, and also being t h e South righ t -of-way line o f West Tufts Avenue a distance of 69 .3 feet more or less ; Thence North along City Limits line a distance of 20 feet more or less to the centerline of West Tufts Avenue; Thence West along said centerline of West Tufts Avenue a distance of 98.7 feet more or l ess to the centerline of South Beverly Drive ; Thence South along the cent erline of South Beverly Drive a distance of 145 feet more or less ; Thence West a distance of 25 feet to a point on the City Limits of Englewood, Colorado ; Thence South along said City Limits a distance of 125 feet ; Thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract 11; Thence North and leaving the City Limits along the East line of Tract 11 a distance of 250 feet mor e or less to the point of beginning , Said tract o f land containi n g 1.08 acres more or less. PRESENT ZONE DISTRICT: The subject property is zoned R-3, Single-family Residential, by Arapah o e County. • I • • • • STAFF REPORT Page -2- PROPOSED ZONE DISTRICT: • • • ZONING DESIGNATION Case #8-78 The property has been posted and published to be zoned I-1, Light Industrial, upon annexation to the City of Englewood . REASON FOR ACTION: A petition has been fi led with the City of Englewood for the annexation of the subject property by Mr. Antonio Bovenzi, which petition was presented to the City Council on June 19, 1978. The 1965 Municipal Annexation Act, as amended, requires that the annexing municipality zone any annexed land within 90 days following the annexation . In order to comply with the time restriction set forth in the Annexation Act, the zoning process necessarily has to be commenced before the City Planning and Zoning Commission as soon as possible after the City Council receives the annexation petition . REC OMMENDATION FROM THE DEPARTME NT OF COMMUNITY DEVELOPMENT: It is the recommendation of the staff that the property identified as 1470 West Tufts Avenue be zoned I-1, Light In- dustrial, upon annexation to the City of Englewood, for the following reasons: 1 . The I-1, Light Industrial Zone District, would be an extension of the I-1 Zone classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject area to the southwest . 2. Because of its proximity to existing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further residential development. 3 . That the proposed I-1 Zo ne classification will conform to the Generalized Land Use Plan for that area as set forth in the City's Comprehensive Plan . DESCRIPTION OF SUBJECT SITE AND ADJACENT AREA: There is an o ccupied single-family house on the subject site which is located toward the south portion of the property along with a garage and a small shed . The trees have not been pruned and the property has a rather unkept appearance. The property is approximately 1 .08 acres in area. The sit is bordered by West Tufts Avenue on the north, South Beverly Drive on the west, and West Thomas Avenue on the south . West Tufts Avenue is designated as a Collector I • • - • • STAFF REPORT Page -3- • • - ZONING DESIGNATION Case #8-78 Street in the Master Street Plan and has a forty (40) foot right-of-way; while South Beverly Drive has a f ifty (50) foot right-of-way, and West Thomas Avenue has a forty (40) foot right-of-way . There is a nice single-family home on the property immediately to the east which is in unincorporated Arapahoe County. It is proposed that th e east boundary of the subject property serve as the boundary b etwee n the Light Industrial District and the single-family district to the east. For this reason, it will be necessary to provide an a dequate "screen" or "buffer" on the east side of the Bovenski property at such time as it is developed with a use oth er than resi-dential . The land to the south and southwest of the subject site is in the City of Englewood and is zoned for and developed with the industrial uses . The fronta g e along the south side of West Tufts Avenue to the west o f the subject site is also in unincorporated Arapahoe County. There are three single- family homes in this area between South Beverly Drive and the industrial property in Englewood on the s ou theast corner of Windermere and Tufts. The property at 1485 and 1501 West Tufts Avenue, and at 4545 West Osage Avenue, which is in Arapahoe County, is zoned R-3, Single-family Residence and there are two single-family hom e s in this area . The land behind the houses is undeveloped and used for a gar d e n and for storage . The Count y has z oned the land to the west of this R-3 area, I-2, Heavy Industrial, and it is developed f or industrial purposes . The land in Englewood which is to the north of West Tufts Avenue and west of the City Ditch is zoned I-1, Light Industrial and is developed with industrial uses including many warehouses and the Fri dman and Sons paper processing plant . The City Council just recently passed an ordinance zoning the property at 1451 West Tufts Avenue conditional I-1, Light Industrial . The area to the east of the City Ditch which lies at a higher elevation, is d veloped with single-family homes . BACKGROUND OF PREVIOUS ACTION RELATING TO THE AREA: The subject site is part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in December of 1973 . The subject ar a was subs quently zoned • I • • • • • STAFF REPORT Page -4- • • • ZO ING DESIGNATION Case #8-78 1-1, Lig ht Industrial by the City . Later, the annexation was challenged in the co urts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Englewood and the area reverte d to it's original status as a n uni ncorporated part o f Arapahoe County . Since then, the owners of two properties wh ich were included in th e Santa Fe/Union annexa tion have successfully petitioned for annexation to the City of Englewood . Both of these proper ties have b een zoned I-1, Light Industrial .* RELATIONSHIP TO THE COMPREHENSIVE PLA N: The Comprehensive Pla n pro jects the use o f the land west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes . West Tufts Avenue fr om Clarkson west to the Navajo Street alignment is designated as a Collector on the Master Street Plan, The only q u estion at this time is the relationshi p o f the subject site to the South Navaj o Street extens ion tying into West Union Avenue, When the City Council amended the Master Street Plan by Resolution No. 39 in 1 975, they design ated the S outh Navajo Street alig nment rather than South Windermere Street as an Arterial between West Tufts Avenue and West Oxford Avenue . Because the o ff-set Tufts /Union/Santa Fe intersection has been s o very hazardous , it was recommended that West Union Avenue should be extended east across South Santa Fe Driv e making a transi tion to the extended Sou th Navajo Street via West Thomas Av e nue and this property, whi ch is just east of South Bever ly Drive . There are alternatives to this proposal, however, and it would be appropriate at this tim to decid wh e ther or not this plan or another rout e will b implem nted. The staff would recommend that South Navajo Street no b extended south of West Tufts Avenue. At such tim as th Tufts Union/Santa Fe intersection is realigned, a transition from Sou th Windermere Street to South Navajo Street can be d sig ned which will accommodate the traffic using this route . COMME NTS FROM OTHER DEPARTMENTS: No negative comm nts were rec ive d relative to the proposed zoning, The Public Works Departm nt did state that an additional 20 feet should bo d e dicated to tho public for * Mardesen Annexation: Friedman Annexation : Ordinance No . 20 of 1976 Ordinance No. 36 of 1976 • I • • • STAFF REPORT Page -5- .. • • • ZONING DESIGNATION Case #8-78 right-of-way for West Tufts Avenu e from the land proposed for annexation. In prior actions, the Utilities Department has stated that: "Water and sanitary sewer ser vic e is a vailabl e to t he s u bject area . A six (6") inch wa t er main exists on West Tufts Avenue o n the north and also a six (6 11 ) inch water mai n ex ists on West Thomas Ave nu e." Also an e ight (8") inch sanitary sewer line is located on West Thomas Avenue. This line is the property o f the South Englewood Sanitation District; there- f o re , the property own er would have to petition to the Dis- trict for inclusion . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: In the past fifteen years, no permits have been issued by either the Ci ty of Englewood or Arapahoe County for any us e other than industri al in the area west of the City Di tch in the vicinity of West Tufts Avenue . Wh n the County z oned the unincorporated area in the early 1960's, they i mposed heavy industrial zoning on the l and in the vicinity o f South Winder- mere Street, but left the existing houses along West Tufts Avenue in the R-3 , Single -fami ly Residence zo n e c lassification at the request of some of the residents . When t h e County intro- duced the heavy industrial district z oning into this area, they not only recog ni zed that the trend of any new development would be other than residential, b u t established that trend by zoning the land with frontage on South Windermere Street I-2, Heavy Industri a l . At the time the City annexed land in this area, the ordinance provided that upon annexation, all land was auto- matically zoned R-1-A, the most restrictive single-family z one classification. The r easoning was that the City c ould go ba ck later and change the zoning, but until they had time to do this, nothing very bad could be built under the R-1-A zoning. Following th e annexation, Bob Cummings, Moore and Hansen Manufacturing, Jeff Armstrong, and other owners in the area applied for industrial zoning and their properties were zoned I-1, Light Industrial, rather than the heavy industrial classification imposed by Arapahoe County. Because of the proximi ty to South Santa F Drive and the railway lines, and because of the elevation of the land to the w st of the City Ditch, the subject area no longer lends its lf to residential development. On the other hand, us s of a heavy industria l natur e such as would be permitted und r the County I-2 Zone District would not b compatible in th area . Tb I-1, Light Industrial Zon classificatio n will allow th owners a reasonable use of th land and at the same tim , will not p rmit industrial uses of an intense nature • I • • • • STAFF REPORT Page -6- • • • ZONING DESIGNATION Case #8-78 The critical issue in developing the subject property will be to require an adequate screen on the east property line to protect the single-family home at 1460 West Tufts Avenue. • I . • STAFF REPORT ADDENDUM • • - ZO I G DESIGNATION CASE #8-78 RECOMMENDATION FROM TIIE DEPARTMEN T OF COMMUNITY DEVEI.DPMENT: (ADDENDUM) In the second para graph on Page 3 of this staff report, it is pointed out that the east property line of the subject site is viewed as a boundary between the I-1, Light Industrial District, and the single-family district to the east which is on the south side of West Tufts Avenue . For this reason, it is stated that it will be necessary to provide an adequate "screen" or "buffer" on the east side of the subject site at such time as it may be developed with a us e other than resi-dential. The staff is of the opinion that this situation, the proximity of the property to a residential area, is not unlike the Garrett case which was recently approved by the City Council. It is proposed, therefore, that the Planning Commission consider recommending that the followi n g conditions be placed on the zoning of this property to an I-1, Light Industrial, zone classification: a. No Building P ermit shall be issued for the construction or installation o f any building or structure on the subject property or any portion thereof except in conformance with a Development Plan which has been approved and recorded in compliance with §22 .4A of the Comprehensive Zoning Ordinance . b. There shall be a minimum setback oi 25 feet from the west property line of Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, which Lot is identified by street address as 1460 West Tufts Avenue. c . The east boundary of the subject property shall be screened as approved by a recorded Development Plan. d . No entrance, exit or loading dock shall be per- mitted on the east side of any building which is constructed on the subject property ; nor shall any parking, storage of equipment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings. e. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site • I • • • • • STAFF REroRT ADDENDUM ZONING DESIGNATION CASE #8-78 f. g. All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be o f a covered type and no ou tside storage shall create litter, be a fire or health hazard or create any other form of public nuisance, Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. These conditions are comparable to those imposed on the Garrett rezoning and, again, are recomme nded to provide a strong buffer and boundary between an existing residential area and this proposed industrial area. • I • • - • • • - VICINITY MAP L W. STAN FORD ENGLEWOOD I-/ 1-2 1 -/ R3 I l ENGLEWOOD I PRQDOSED .!-!,ZONING . 1- w ENGLEWOOD LEGEND I -I, Light Industrial (Eng/ewoodZcning) R-0 Sinr;le Family :res( Arapahoe Co.) l -2, Heavy lndustna/ Scale I"= 200' • I . - • • • ' ' ' ', • • • I w. STANFORD AVE . ENGLEWOOD Wllll1-IN ANNEXATION PROCEEDIN , , , , PETITIONED FOR ANN An 11111111 -JULY 17, 1978 w. _______________ -_-:._-_-________ I-' :-:-:-:-:-:-=-= V'l -:-:-:-:-:-:-.:-:-:-:-:-:-:-:-: _______________ :=:.::=:=:~:=: ------_-_-:,_-_-:_ ------:..-_ ------_______________ _______________ ---------------------- \ \ \ I ' ./ 0 V'l co TUFTS ENGLEWOOD f:_::_::_:3-PROPOSED ANNEXATIONS ENGLEWOOD AVE . !5 K(((((((~:((((((m ~ ~ AVE. Scale I"= 200' • I • • • • • ZONING TO CONFORM WITH RECOMMENDATION OF COMPREHENSIVE PLAN REVIEW COMMITTEE W. STANFORD ENGLEWOOD I-I ENGLEWOOD • I-l " ~-R+C, Sirqle Family Res . 0-I -I , Light Industri al ENGLEWOOD I-I R+A Scale I"= 200' I . • ... • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE; September 19, 1978 SUBJECT : Findings of Fact: Case #8-78, #9-78, and #10-78 RECOMMENDATION: Pierson moved: Parker seconded : The Planning Commission accept the Findings of Fact on Case #8-78, #9-78 and #10-78, and recommend that these Findings of Fact be forwarded to City Council. AYES: Draper, Lathrop, Parker, Pierson NAYS: None ABSTAIN: Tanguma ABSENT: Williams, McClintock, Smith The motion carried. By Order of the City Planning and Zoning Commission. • I • • - • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATI'ER OF CASES NO. ) 8-78, 9-78, AND 10-78, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ZONING OF PROPERTY ) IDENTIFIED AS 1470 WEST TUFTS ) AVENUE, AN AREA WHICH IS THE ) SUBJECT OF PETITIONS REQUESTING ) ANNEXATION TO THE CITY OF ) ENGLEWOOD . ) The zoning of the property identified as 1470 West Tufts Avenue was considered at a Public Hearing on July 5, 1978, as Case No . 8-78. This matter was reconsidered at the next regular meeting of t he City Planning and Zoning Commission on July 25, 1978, and was continued until September 6, 1978 , The zoning of the subject property was considered further at Public Hearings on September 6, 1978, through Case No. 9-78 and Case No . 10-78. The following members of the Commission were present at the meeting on July 5, 1978 : Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Tanguma . Mr. Williams was not present . The f ollowing members of the Commission were presen t at the meeting on September 6, 1978: Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Williams. Mr. Tanguma was not present. FINDINGS OF FACT Upon review of the evidence taken in the f orm of testimony, presentations, reports and filed documents, the City Planning and Zo ning Commission makes the following Findings of Fact: 1. That a petition has been received by the City Council requesting the annexation of the subject property to the City of Englewood, and said petition is being considered by the members o f Council. 2. That the zoning of this area was initiated by the City pursuant to Sections 22 .1-5 and 22 ,1-7 of the Com- prehensive Zoning Ordinance and Sections 31-12-115(2) of the Municipal Annexation Act of 1965, as amended • • I • • • • • -2 - 3. That notic e o f the Public He a rings at which the z oning of the subjec t p ro pert y was considered, was g i ven by posting the proper ty an d by publication in th e o ff i cial City newspaper , the Englewoo d Hera ld Sentinel . 4. Th a t the land which is the subject of th e Hearings on July 5, 1978, and on September 6, 1978, is d es - c r ibed as follows : Beginning at the Northeast corner of Tract 11, Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado , also being a point on t he City Limits of Eng l e wood, Colorado ; Thence West along said City Limits, also b e ing the North line of Tract 11, a nd also being the South rig h t -of-wa y l i ne o f West Tufts Avenu e a distance of 69.3 feet mor e o r l e ss ; Thence North along City L i mits line a distance o f 20 f eet more or less to the centerline o f West Tufts Av enue ; Thence West along said centerline of West Tufts Avenue a distance of 98 .7 feet mor e or less to the centerline o f South Beverly Drive ; Thence South along the centerline o f South Beverly Drive a dis t ance o f 145 feet more or less ; Thence Wes t a dis t ance o f 25 fee t to a point on the Ci ty Limits o f Englewood, Cdlbrado ; Thence South along said Ci ty Limits a distance o f 125 fe e t; Th e nc e East along Cit y Limits a dis t ance o f 193 f eet mor e or l e ss to the Southeast cor ner o f Tract 11 ; Th e nce Nor t h a nd l ea ving the City Limits along the East line o f Tract 11 a dis t anc e o f 250 fee t more or l e ss to th e point of b eginnin g . Said trac t o f land containing 1.08 a c res more or l e s s . 5. Tha t the l a nd has b een z one d R-3, Single -f amily Re sidence, by Arapahoe Count y . 6. That sig ni f i c ant changes have occurred in the area since the s ubj ect property was z one d R-3, Sing l e -f amily Res idence , by Ar apaho e County , whic h det rac t from further residential deve lo pment on the subjec t p r ope rt y. 7 . That those properties t o the wes t o f t h e sub- ject site which are used for residential p u r poses have already been impacted by industrial zoning and d eve lopme n t in the area and the zoning of the subject site for other than residential use will not by that act initiate the impact. 8 . That the topography of the land and the l o catio n of the site in proximity t o industria l d eve lo p me n t, railways and South Santa Fe Drive, a major arterial, a re such that any new development on the site would more reaso nably be for a use other than single-family residence. 9. That the I-1, Light Indu stria l Zone District, would be an extension of the zoning applied t o t h e adjacent land within the City of Englewood and would be compatible with the Generalized Land Use section of the Co mprehensive Plan and the recommendation of the ad hoc comm ittee appointed by the Planning Commission to review the Industrial section of the Comprehensive Plan . • I • • • • - -3- 10. That a zone district boundary line should not be drawn which will divide land under one ownership, leaving part of the land subject to one set of restrictions, and part subject to another . 11. That the subject site is contiguous to property on the east which, because of its location, is more properly identified with the residential neighborhood to the east than to the industrial area. 12. That by dividing the City into Zone Districts, each district must begin and end somewhere and the very nature of the zoning ordinance can result in unlike zone districts abutting one another, in which event certain protections are warranted which will screen or buffer the more restrictive district from the development in a less restrictive district. 13. That the development on the subject property can be screened from the property adjoining on the east by imposing certain conditions upon that development including, but not limited to restrictions as to the location of the storage of equipment, m~tprials, or trash; access, loading and parking areas; the maximum height of structures and lighting facilities. CONCLUSIONS l, That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That because of changes which have occurred in the adjacent area since the subject site was zoned for single- family residential use by Arapahoe County, the highest and best use of the property has changed to other than residential ; 3, That the subject property is bounded on the south and southwest by land which is in the City of Englewood, which land is zoned I-1, Light Industrial and is developed with industrial uses, making the extension of the industrial zoning to the subject site a logical action; 4 , That the proposed I-1, Light Industrial Zone District will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the In- dustrial section of the Comprehensive Plan; 5. That the site will be increasingly affected adversely by its proximity to the railway lines and South Santa Fe Drive; both of which are projected to generate a more intense volume of use; • I • • • • • • -4- 6 . That by the very nature of zoning, unlike dis- tricts in some instances must adjoin, and because this site will adjoin a residential district to the east, certain condition s should be placed upon the use of the site for industrial pur- poses which will create a buffer between the residential and industrial districts and will minimize the impact of the in- dustrial use upon the residential. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned I-1, Light Industrial, upon annexation, with the following conditions being made a part of such zoning: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof e~cept in conformance with a Development Plan which has been approved and recorded in compliance with §22.4A of the Comprehensive Zoning Ordinance . b. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, which Lot is identified by street address as 1460 West Tufts Avenue. c. The east boundary of the subject property shall be screened as approved by a recorded Development Plan . d. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property ; nor shall any parking, storage of equipment, materials or trash, or access o t her than for emergency vehicles be permitted in the area east o f said building s . e . The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site. • I . - • • • • - -b- f, All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. g, Lighting facilities on the property or on any buildings or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978: Those members voting in favor of the motion: Mr. Draper, Mr. Lathrop, Mr . McClintock, Mr . Owens, Mr . Parker, Mrs. Pierson and Mr. Williams. Those members opposed to the motion: Mr. Smith . Those members absent : Mr . Tanguma . BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. • • I • -• • • MEMORANDUM TO TIIE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 19, 1978 SUBJECT: Findings of Fact: Case #12-78 RECOMMENDATION: Pierson moved : Lathrop seconded: The Planning Commission accept the Findings of Fact on Case #12-78, and recommend that these Findings of Fact be forwarded to City Council . AYES: Lathrop, Parker, Pierson, Draper NAYS: None ABSTAIN: Tanguma ABSENT: McClintock, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. I • I , • n < • • • • CITY PLANNIN G AND ZONING COMMISSION ENGLEWOOD, COLOM DO IN THE MATTER OF CASE NO. 12-78 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE ZONING OF PROPERTY IDEN-) TIFIED AS 1485 WEST TUFTS AVENUE,) AN AREA WHICH IS THE SUBJECT OF ) PETITIONS REQUESTING ANNEXATION ) TO THE CITY OF ENGLEWOOD, ) The zoning of the property identified as 1485 West Tufts Avenue was considered at a Public Hearing on September 6, 1978, in the Council Chambers of the Englewood City Hall . The following members of the Commission were present: Draper, Lathrop, Mcclintock, Ow e ns, Parker, Pierson, Smith and Williams. Mr . Tanguma was not pr esen t during the meeting . FINDINGS OF FACT Upon review o f the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fact : 1 . That a petition has been received by th e City Council requesting th e annexation of the subject property to the City of Englewood, and said petition is being considered by the members of Council. 2, That the z oning of this area was initiated b y the City pursuant to Sections 22,1 -5 and 22.1-7 of the Compre- hensive Zoning Ordinanc e, and Section 31 -12-11 5 (2) of the Municipal Annexation Act of 1965, as amended . 3. That notice of the Public Hearing at which t h e zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentine l . 4. That the land which was the subject of the Hearing on September 6, 1978, is described as follows: A tract of land in the West 1 /2 of the Southwest 1 /4 o f the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, described as fol low s: Commencing at the Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 Sou th, Range 68 West, thence East along the North line of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range I • • • < • • • - -2- 68 West, a distance of 330.0 feet more or less to the true point of beginning , said true point of beginning also being on the City Limits of Englewood, Colorado; thence continuing East along said City Limits a distance of 165 feet more or less; thence South 0 ° East along the City Limits of Englewood, Colorado, a distance of 660 feet more or less to the center- line of West Tufts Avenue; thence West and leaving the City Limits line of Englewood, Colorado, a distance of 165 feet more or less; thence North a distance of 660 feet more or less to the true point of beginning. Said tract of land con- taining 2.50 acres, more or less. 5. That the land has been zoned R-3, Single-family Residence, by Arapahoe County, since the early 1960's. 6. That significant changes have occurred in the area since the subject property was zoned R-3, Single-family Residence, by Arapahoe County, which detract from further residential development on the subject property . 7 . That the topography of the land and the location of the site in proximity to industrially zoned land to the north, east and northwest, and to industrial development to the north and west, as well as to the railways and to South Santa Fe Drive, a major arterial, are such that any development on the site would more reasonably be for a use other than single-family residence . 8. That the I-1, Light Industrial Zone District, would be an extension of the zoning applied to the land ad- joining the subject site on the north, east and northwest, which land is within the City of Englewood. 9. That the I-1, Light Industrial Zone District classification would be compatible with the Generalized Land Use section of the Comprehensive Plan and the recommendation of the ad hoc committee appointed by the Planning Commission to review the Industrial section of the Comprehensive Plan. CONCLUSIONS 1. That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That because of changes which have occurred in the adjacent area since the subject site was zoned for single- family residential use by Arapahoe County, the highest and best use of the property is for other than residential; 3. That the subject property is bounded on the north, east and northwest by land which is in the City of Englewood, which land is zoned I-1, Light Industrial and which is either developed or planned to be developed with • I • • r • • • • ( -3- industrial uses, making the extension of the industrial zoning to the subject site a reasonable and logical action ; 4 , The proPosed I-1, Light Industrial Zone District will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan . RECOllMENDA TI ON Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned, I-1, Light Industrial, UPon annexation. UPon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978: Those members voting in favor of the motion: Mr. Draper, Mr . Lathrop, Mr . McClintock, Mr. OWens, Mr. Parker, Mrs. Pierson and Mr. Williams . Those members OPPosed to the motion: Mr. Smith. Those members absent: Mr. Tanguma BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION . • I • • D ( • • • • ( td:l J1ALJt.__,J_ "fW/U_,;_A. )~~ /UUI.£. -tO-.Jo-7~ ? MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 6 , 1978 SUBJECT: Zoning Designation -1485 West Tufts RECOMMENDATION: Williams moved: Draper seconded: The Planning Commission recommend to City Council that property identified as 1485 West Tufts Avenue be zoned I-1, Light Industrial, upon annexa- tion to the City of Englewood for the following reasons: 1. The trend of development in the area in which the subject property is located has been established by the industrial zoning and construction which has taken place to the north, south and west of the subject site during the past fifteen years and this trend is industrial rather than residential. Indeed, when the County introduced Heavy Industrial zoning into this area almost 20 years ago, this trend was established. It should be noted that under the County Zoning, both Heavy and Light Industrial Zone Districts abutted the property zoned R-3, Single-family Residence . 2. The subject property should not be developed for residential purposes because of the proximity of the subject site to: a) existing industrial development; b) to the Denver and Rio Grande and Santa Fe Railways, which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks; and c) to South Santa Fe Drive, which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit. 3 . The 1969 Comprehensive Plan does not project new single- family residential uses in this area. 4. The recommendation of the Comprehensive Plan Review Com- mittee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, was that the area which l i es to the east o f South Santa Fe Drive on both sides of West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and developed for industrial use. • I • • - • • ( • • • • ( AYES: Parker , Pierson, Williams, Draper, Lathrop, McC lintock Owens NAYS: Smith ABSENT: Tanguma The motion carried. By Order of the City Planning and Zoning Commission • • • • I • • ...... ( STAFF REPORT Page -1- ( STAFF REPORT RE: • • - ZONING DESIGNATION Case #12-78 Zoning of property at 1485 West Tufts Avenue DATE TO BE CONSIDERED: September 6, 1978 APPLICANT: Initiated by the City Planning and Zoning Commission. NAME OF PROPERTY OWNER: Paul Robert Thurman 14 A Landing Road Roslyn, New York 11576 LEGAL DESCRIPI'ION: A tract of land in the West 1/2 of the Southwest 1/4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest 1/4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West, thence East along the North line of the Southwest 1/4 of the Northeast 1 /4 of Section 9, Township 5 South , Range 68 West, a distance of 330.0 feet more or less to the true Point of beginning, said true paint of beginning also being on the City Limits of Englewood, Colorado; thence continuing East along said City Limits a distance of 165 feet more or less; thence South 0 ° East along the City Limits of Englewood, Colorado, a distance of 660 feet more or less to the center- line of West Tufts Avenue ; thence West and leaving the City Limits line of Englewood, Colorado, a distance o f 165 feet more or less; thence North a distance of 660 feet mor e or less to the true paint of beginning. Said tract of land containing 2.50 acres, mor e or less. LOCATION: The property lies between West Tufts Avenue and West Stanford Avenue, and is immediately to the west of the Garrett property which was zoned I-1, Light Industrial, by Ordinance No . 13, of 1978. • I • ( • STAFF RERJRT Page -2- ( .. • • • PRESENT ZONE D STRICT CLASSIFICATION: ZONING DESIGNATI ON Case #12-78 The property is zoned R-3, Single-family Residence, by Arapahoe County . This Zone Dis trict permit s a single- family house to be cons tructed o n a lot wi th a min imum front- age of 75 feet and a minimum lot are a o f 12,500 square feet. PROPOSED ZONE CLASSIFICATION: I-1, Light Industrial REASON FOR ACTION; The City Council has received a petition signed by the property owner, which requests annexation of the subject property to the City of Englewood. The 1965 Annexation Act, as amended, requires that the property be zoned by the annexing municipality within ninety days following the annexation. In order to comply with this time restriction, it is necessary to begin the zoning process as soon as possible after the annexa- tion petition is received. Clinton K. Bush, President of C.M. Distributors, has stated that his firm is interested in purchasing the subject property and requests that the land be zoned for industrial use. It is their intention to relocate their business from 1470 West Thomas Avenue to this site in order that they can construct a larger building. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: If the property identified as 1485 West Tufts Avenue is annexed to the City of Englewood, it is the opinion of the staff that it should be zoned 1-1, Light Industrial, for the following reasons: 1. The trend of development in the area in which the subject property is located has been established by the in- dustrial zoning and construction which has taken place to the north, south and west of the subject site during the past fifteen years and this trend is industrial rather than resi- dential. Indeed, when the County introduced Heavy Industrial zo ning into this area almost 20 years ago, this trend was es- tablished. It should be noted that under the County Zoning, both Heavy and Light Industrial Zone Districts abutted the property zoned R-3, Single-family Residence. 2. The subject property should no t be developed for residential purposes because of the proximity of the subject site to : a) existing industrial development; b) to the Denver and Rio Grande and Santa Fe Railways which are destined to carry • I • ( • STAFF REPORT Page -3- • • - ZO NING DESIGNATION Case #12-78 an increasing n umber of coal tr a ins in addition to the other trains which use the tracks; and c ) to South Santa Fe Drive, which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass tran sit. 3. The 1969 Comprehensi ve Plan does not pro jec t new single-family residential uses in this area . 4. The recommendation o f the Comprehensive Plan Re- view Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, was that the area which lies to the east of South Santa Fe Drive on both sides of West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and developed for industrial use. DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: With the exception of a small house, a garage and a shed located toward the Tufts frontage, the site is undeveloped . In the past, the north portion of the site has been used for the storage of construction material. The area to the north is zoned for and developed with industrial uses. The land adjoining on the east was recently zoned I-1, Light Industrial, by the City Council, but no development has taken place to this time. Single-family residential units which are in the unin- corporated area front on the south side of West Tufts Avenue. South of these units, there is a continuation of the light in- dustrial development. To the west of the subject site, the north one-third of the property adjoins a portion of the Friedman Paper plant which is zoned I-1, Light Industrial . The south two-thirds of the site abuts land zoned R-3, Single-family Residence, although the north portion of this land was zoned I-1, Light Industrial , during the time the area was considered to be in the City of Englewood several years ago, and an industrial building was constructed on this property during that time. The remainder of the unincorporated property to the west of the subject site, is z oned I-2, Heavy Industrial, by Arapahoe County, and the land to the west which is in the City is zoned I-1, Light In-dustrial. The properties to the south of the subject site at both 1470 and 1600 West Tufts Avenue are the subject of petitions to annex to the City of Englewood. • I • • ( • STAFF REPORT Page -4- • • - t ZONING DESIGNATION Case #12-7 8 BACKGROUND OF PREVIOUS ACTION RELATING TO THE AREA: The subject site is part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in December of 1973. The Annexation was challenged in the courts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Englewood and the area reverted to it's original status as an unincorpo- rated part of Arapahoe County. Since then, the owners of two properties which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood. Both of these properties have been zoned I-1, Light Industrial. The owners of two other properties have petitioned for annexation to the City of Englewood and these petitions are being evaluated by the City Council at this time, RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan projects the use of the low land which is west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes. West Tufts Avenue, from Clarkson west to the Navajo Street alignment, is designated as a Collector on the Master Street Plan. The extension of South Navajo Street will be adjacent to the subject property on the east , COMMENTS FROM OTHER DEPARTMENTS: No negative comments were received relative to the proposed zoning. The Public Works Department states that the north thirty (30) feet of the subject property should be dedicated to the public for right-of-way for West Stanford Avenue; how- ever, this is a matter to be considered as part of the annexa- tion, not the zoning. The Utilities Department has stated that water and sanitary sewer service is available to the subject area , Fire and Police service is also available to the site. DEPARTMENT OF COMMUNITY DEVEU>PMENT ANALYSIS: In the past fifteen years, no permits have been issued by either the City of Englewood or Arapahoe County for any use other than industrial in the low area west of the City Ditch in the vicinity of West Tufts Avenue. When the County zoned the unincorporated area in the early 1960's, they imposed both heavy and light industrial zoning on the land in the vicinity of South Windermere Street, but left the existing houses along West Tufts Avenue in the R-3, Single family Residence, zone classification • I • ' • STAFF REPORT Page -5- • • • ZONING DESIGNATIO N Ca se #12-78 at the request of s ome of the res ide nts. When the County intro- duced the heavy industrial district zoning into this ar ea, they not only recognized that the trend of any new development would be other than residential, but es ta blished that trend by zoning land in the area I-2, Heavy Indus tr ial , Because of the proximity to South Santa Fe Drive and the railway lines, and because of the elevation of t he la nd to the west of the City Ditch, the subject area is no t c onducive to residential development. On the other hand, uses o f a heavy industrial nature such as would be permitted under the County I-2 Zone District would not be compatible in the area. The I-1, Light Industrial Zone classification will allow the owners a reasonable use of the land and at the same time, will not permit industrial uses of intensity that would be permitted under the County I-2 Zoning. • I • • ...... .... • .... .... ... • • • Proposed Zoning W. STANFORD ENGLEWOOD 1-1 w. I -, Light Ind . r- 1 I I II -2 I I I CO . R-3 UFTS • l ~ Proposed ,I-I Zoning ~ City Zon ing Pend in g I-I ENGLEWOOD Scale I"= 200' , I . . • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: September 19, 1978 SUBJECT: Findings of Fact: Case #13-78 RECO.lrl.MENDATION: Pierson moved: Parker seconded: The Planning Commission accept the Findings of Fact for Case #13-78, and recommend that these Findings of Fact be forwarded to City Council. AYES: Parker, Pierson, Draper, Lathrop NAYS: None ABSTAIN : Tanguma ABSENT: McClintock, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. • I • • < • • • .. • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, CO LORADO IN THE MATTER OF CASE NO. 13-78, FINDI NGS OF FACT, CO NC LUSIONS AN D REC OMMENDA TIONS RELATING TO THE ZONING OF AN AREA IDENTIF IED AS 1600 WEST TUFTS AVENUE, WHICH AREA IS THE SUBJECT OF A PETI T ION REQUESTING ANNEXATION TO THE CITY OF ENGLEWOOD. A Public Hea ring was held in connection with Case No. 13-78 on September 6, 1978, i n the Council Chambers o f t he Englewood City Hall . The following members of the Com- mission were present: Draper, Lathrop, McClintock, Ow e ns, Parker, Pierson , Smith an d Williams . Mr . Tanguma was not present. FINDINGS OF FACT Upon review of the e vidence taken in the form o f testimony, presentations, reports and filed documents, the Cit y Planning and Zoning Commission makes the following Findings of Fact: 1 . That a petition has been received by the City Council requesting the annexation of the subject property to the City of Englewood, and said petition is being considered by the members o f the Council . 2. That the zoning of this area was initiated by the City pursuant to Sections 22 .1-5 and 22 .1-7 of the Compre- hensive Zoning Ordinance and Section 31-12-115(2) of the Municipal Annexation Act of 1975, as amended . 3. That notice of the Public Hearing at which the zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentinel. 4. That the land which is the subject of the Hearing on September 6, 1978, is described as follows: Beginning at the Northeast corner of Lot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street ; thence Easterly along the South line of West Tufts Avenue 127 .3 feet; thence North 10 feet to the centerline of West Tufts Avenue and the • , I • \_ • • • • -3- t rue point o f b eg inning; thence We sterly along t he centerline o f We s t Tu f ts Avenue 3 9 6 .13 fe e t more or l e ss to the City o f Englewood City Limi ts l i n e ; t hence South 5 6°0 ' Eas t along the City Limi t s a dist ance o f 17.88 f eet more or less to the south line o f We st Tu fts Avenue ; t h e nce Sou t h 11 °19' West along said Cit y Limits line a distance o f 254 .55 feet; thence North 89 °47 ' East and leaving the City Limits of Englewood a dis t ance o f 304 .1 f eet to t h e West line o f South Winde rmere Street ; thence South 1 66 .79 f e e t to a point on the Ci t y o f Eng lewood City L i mit s; thence East along a curve to the left having a radius o f 45 feet t hru 215 ° and f ollowing the City Limits a distance o f 1 6 8 .7 feet; t he nce North 35 ° We s t 52 .1 f e et to the Ea s t line o f Sou th Wi ndermere Stree t; thence North along the City Limi t s a d i s - tance o f 100 .0 feet ; t h e nce South 89 °46' West a distance o f 10 .0 fe e t ; the nce Nor t h along the City Limits line a di sta n ce o f 250 .0 fe et ; t h ence Eas t erly along the City Limits line 87 .3 feet ; thence No rth 10 f e et to th e true point o f b eg inning . Said parcel contains 2 .2 3 2 a c r e s, more or less . 5. Tha t the l and h as b e en zoned I-2, Heavy Indust ria l, by Arapahoe Coun ty. 6 . Tha t the proximi t y o f t h e subject prope rt y t o the railways, t o South Santa Fe Drive and to industrial land o n the north, e as t , south and west, is such that industrial z oning wil l permit t he h i ghest and best u se o f t he land. 7. Tha t there are n o u ses in the vicinity o f an i n- tensity normall y asso cia ted with a he avy i n dustrial a r ea; rather th e uses are o f a type permi tte d in a light indus t rial district. 8. That the I-1, Lig ht Industrial Zone District, would b e an ex te ns i o n o f t h e z oning a pplie d to the adj acent l a nd wi t h i n t h e City o f Engl ewood . 9 . That the I-1, Light Indust r ia l Zone Di s tr i ct would be compatible with the Generalized Land Use sectio n o f the Comprehensive Plan and the reco mmendation o f t he ad hoc committee appointed by the Planning Comm ission t o review the Industrial section of the Comprehensive Plan. CONCLUSIONS 1. That proper notice of the Public Hearin gs t o consider the zoning of the subject property was given; 2 . That the subject property has been z o ned f o r industrial use by Arapahoe County . 3. That the subject site is well located f o r access to the railway and to South Santa Fe Drive, South Windermere Street and West Tufts Avenue, all of which makes it a desirable location for industrial development • • I • • < • • • • -3- 4. That the subject property is adjacent to land which is in the City o f Englewood, which land is zoned 1-1, Light Industrial and is either developed or anticipated to be developed with light industrial uses, making the extension of the light industrial zoning to the subject site a logic al action. 5 . The proposed 1-1, Light Industrial Zone District, will conform with the Generalized Land Use Plan for that ar ea as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City o f Englewood, Colorado, be zoned 1-1, Light Industrial, upon annexation . Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978 , Those members voting in favor of the motion: Mr. Lathrop, Mr. McClintock, Mr. OWens, Mr. Parker, Mrs . Pierson and Mr. Williams , Those members opposed to the motion : Mr . Smith . Those members abstaining: Mr. Draper , Those members absent : Mr. Tanguma , BY ORDER OF THE CITY PLANNING AND ZONING COM.MISSION. • I • • - ( ( • • • • c MEMORANDUM TO THE ENGLEWCX>D CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE : September 6, 1978 SUBJECT: Zoning Designation -1600 West Tufts Avenue RECOMMENDATION: Williams moved: MCClintock seconded: The Planning Commission recommend to City Council that property identified as 1600 West Tufts Avenue be zoned I-1, Light Industrial, upon annexation to the City of Englewood for the following reasons: 1. Because of the proximity of the subject site to existing industrial development; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned for in-dustrial use. 2, When Arapahoe County introduced the heavy industrial zoning into this area almost 20 years ago, the industrial trend was established. Since that time, all development in the area has been for industrial use. 3, The 1969 Comprehensive Plan projects industrial development in this area. 4, The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subject area should b e zoned and developed for industrial use. AYES : Pierson, Williams, Lathrop, McClintock, Owens, Parker NAYS : Smith ABSTAIN: Draper ABSENT: Tanguma The motion carried. By Order o f the City Planning and Zoning Commission. • , I • n ( STAF F REPOR T Pa g e -1- STAFF REPORT RE : • • • ZONING DESIGNA T ION Ca s e #13-78 Avenue. Zoning o f property identified as 1600 We st Tu f ts DATE TO BE CONSIDERED; September 6 , 1978 APPLICANT: Initiated by the City Planning and Zoning Commission NAMES OF PROPERTY OWNERS: 1. Thomas Plating Company , Inc. 4695 Sou t h Windermere St ree t Englewood , Colora do 80110 Lot 1, Bell Isle Gardens Arapahoe County , Colora do 2. Carl L. and Evelyn Y. Vaughn 1600 Wes t Tu f ts Avenu e Englewood, Colorado 80110 Lots 2 and 3 Bell I s l e Gardens Arapa ho e Count y , Color ado LEGAL DES CR I PTION: * Beginning at the Northeast c o r ner o f Lo t 3 , Be ll I s l e Gardens, Arapahoe County, Colorado, which is the po int o f inter- section of the South line of West Tufts Avenue and the West line South Windermere Street; thence Easterly along t h e South line of West Tufts Avenue 127 .3 feet; thence North 10 feet to the centerline of West Tufts Avenue and the true Point of Beginning ; thence Westerly along the centerline of West Tufts Avenue 396.13 feet more or less to the City of Englewood City Limits line; thence South 56 °0' East along the City Limits a distance of 17.88 feet more or less to the south line of West Tufts Avenue ; thence South 11 °19' West along said City Limits line a distance of 254 .55 feet ; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street; thence South 166,79 feet to a point on the City of Englewood City Limits; thence East along a curve to the left having a radius of 45 feet thru 215 ° and following the City Limits a distance of 168.7 feet ; thence North 35 ° West 52.1 feet to the East line of South Windermere Street; thence North along the City Limits a distance of 100.0 feet ; thence South • I • • ( ( • STAFF REPORT Page -2- • • - ZONING DESIGNAT ION Case #13-78 89 °46' West a distance of 10 .0 feet; thence North along the City Limits line a distance of 250.0 feet; thence Easterly along the City Limits line 87.3 feet ; thence North 10 feet to the true point of beginning . Sa i d parcel contains 2 .232 Acres, more or less. LOCATION: The southwest corner of South Windermere Street and West Tufts Avenue. PRESENT ZONE DISTRICT CLASSIFICATION: County. The property is zoned I-2 , Heavy Industrial by Arapahoe PROPOSED ZONE CLASSIFICATION: I-1, Light Industrial Zone District. REASON FOR ACTION: The City Council has r eceived a petition requesting the annexation of the subject property to the City of Englewood. In order to meet time limitations set by the 1965 Annexation Act, as amended, and by §22.1-5 of the Comprehensive Zoning Ordinance, it is necessary to start the zoning process as soon as possible after the annexation petition is received. RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the subject property be z oned I-1, Light Industrial, upon annexation to the City of Englewood, for the following reasons: 1) Because of the proximity of the subject site to existing industrial development; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number o f coal trains in addition to the other trains which use the tracks ; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned for industrial use. 2) When Arapahoe County introduced the heavy industrial zoning into this area almost 20 years ago, the industrial trend was established. Since that time, all development in the area has been for industrial use. 3) The 1969 Comprehensive Plan projects industrial development in this area. • I • • • STAFF REPORT Page -3- .. • • • ZONING DESIGNATION Case #13-78 4) The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subject area should be zoned and developed for in-dustrial use. DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: The subject site is bounded on the west by the A.T. & S.F. Railway right-of-way, on the north by West Tufts Avenue, and on the east by South Windermere Street , The railway lines and South Santa Fe Drive preclude development to the west of South Windermere Street north of West Tufts Avenue, and the property fronting on the east side of South Windermere Stree t is developed wi t h industrial uses. There is a residence on the property immediat e ly to the south o f the subject site, with industrial uses to the south of tha t . The only develop- ment on the sub ject property is a house, garage and shed owned by Mr. and Mrs. Va ughn at 1600 West Tufts Avenue. The property to the northeast, east and south of the subject site is z oned f or industrial development. BACKGROUND OF PREVIOUS ACTION RELATING TO THE SUBJECT SITE: The subject property was part of the original Santa F e - Union Annexation Area which was annexed to Englewood in Decembe r of 1973. The subject area was subsequently zoned I-1, Ligh t Industrial, by the City . Later, the annexation was challe n ge d in the courts by some of the af f ected property owne rs and as a result of t his cour t action, t h e annex at ion was abandoned b y the Ci ty o f Eng l e wood a nd th e a re a rever te d t o its o riginal s ta t u s a s a n uni nco r pora ted p a r t of Ar a pahoe Coun t y. Since t hen, the o wn ers o f two pro perties which we r e i n c lude d in the Sa n ta Fe/Un i o n annex atio n have succe s sfu lly p et i t ioned for a n nexatio n t o the City o f Englewood. Tw o o t h e r p etitions requesting annexatio n of land in the vicinity o f the subject site to the City of Englewood have been received by the City Council. A third annexation petition will be su b mitted to the City Council at the meeting on September 5, 1978. This petition involves land on the west side of Sou th Mariposa Drive, which is adjacent to the Englewood reservoir . RELATIONSHI P TO THE COMPREHEN S IVE PLAN: The Comprehensive Plan projects t h e u se of the l and west of the City Ditch in the vicini ty of West Tufts Av enu e, for indu strial purposes. • I • • - ( • I ( • STAFF REPORT Page -4- ( COMMENTS FROM OTHER DEPARTMENTS : • • • ZONING DESIGNATION Case #13-78 No negative comments were received relative to the proposed zoning, and City services can be provided to the property. The Public Works Department states that the north twenty (20) feet of the property should be dedicated to the public for right-of-way for West Tufts Avenue and the east ten (10) feet of the property should be dedicated for South Windermere Street right-of-way . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The subject property has been zoned for heavy industrial use at least since the early 1960•s, even though it has not been developed to this time, It abuts railway right-of-way, so it is attractive to the party who has an option to purchase the land because he will need a spur for his business. The land is in the heart of an industrial area and should be zoned for industrial development upon annexation to the City of Englewood. * The annexation petition pertains to Lots 1, 2, and 3, Bell Isle Gardens, Arapahoe County, Colorado. The adjacent street right-of-way will be included in the annexing Ordinance and in the zoning ordinance. • I • ( • • • • 1600 W TUFTS PROPOSED ANNEXATION ' ' -.. --.-... - L w. STANFORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CO. TUFTS ENGLEWOOD AVE. ENGLEWOOD AVE . Scale r"= 200' • ) I . • n ·" ---- I . -. ( . ' ... : . . : ... ..... -.. ·'. -; I -. ~-· .. . . • - .. .. f ·· ~-·. -' . .. .. . \.-~ ... ·=· -. I • A.. ) ·---· -. '· -.. .. ··. ·"" .. ·~ ----'""'!""""' • ( I •. !T' I - ( I I I ( I / I ., t ( • ( • • • .. • ~~~~~F~1tJ-z_.,1 ~Ma~ 10-"f-"tf INTRODUCED AS A BILL BY COUNCILMAN ~~~~~~~~~~~~~~~ A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; an d WHEREAS, pursuant to Section 22.1-7 of the Comprehen - sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehens ive Zoning Ordinace shall be considered to be without zone classif ica tion; and WHEREAS, said parcel of land, being without zone classification, the City Planning and Zoning Commission held Public Hearings which concluded on Septem ber 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS , the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Or~ce a Public Hearing was held before the City Council ~ t:I .J, / 'l1f to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health, safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned from a n unzoned classification, as a newly annexed parcel of -1- • I • • - ( ( • • • • land, to I-1, Li ght I ndus trial District : Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street; thence East along the South line of West Tufts Avenue 127.3 feet to the true point of beginning; thence North 10 feet ; thence West along a line parallel with the South line of West Tufts Avenue a distance of 396.13 feet more or less to a point on the City of Englewood City Limits line; thence South 56°0' East along the City Limits a distance of 17.88 feet more or less to the South line of West Tufts Avenue; thence South 11°19' West along said City Limits line a distance of 254.55 feet; thence North 89°47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street; thence South 166.79 feet to a point on the City of Englewood City Limits; thence East along a curve to the left having a radius of 45 feet thru 215° and following the City limits a distance of 168.7 feet; thence North 35° West 52.l feet to the East line of South Windermere Street; thence North along the City Limits a distance of 100.0 feet ; thence South 89 °46' West a distance of 10.0 feet more or less to the East right-of-way line of South Windermere Street ; thence Nor t h along said r i ght-of-way line a distance o f 250 fe e t more or less to a point on the South line of West Tufts Avenue; thence East along said South line a distance of 87 .3 feet to t he true point of beginning ; said parcel of land containing 2 ,232 acres more or less, Section 2. The Off ic ial Zon i ng Map of the City of Englewood, Colorado, hereby i s amen ded a c~ordingly. on the Introduc ed, read in full and passed on f i rst reading day of October, 1978. Publishe d a s a Bi l l for an Ord i nance on the day o f October, 1 978 . Mayor ATTEST: ex officio city Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of October, 1978. ex officio city Clerk-Treasurer -2- • • I • • ( • ( • • • • ~aoa~-M'1~~ ~ .a<Ja ~ 1o_-~-1J' (f" INTRODUCED AS A BILL BY COUNCILMAN~~~..,,r.J-&!AR~f~~~0.~~~~~·4~/.._~~~~ A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT . WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; an d WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification; and .. , WHEREAS,·said parcel of land, being without zone :. classification, the City Planning and Zoning Commission held Public Hearings which concluded on September 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS , the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorable recommendation to the City Counci l therefor; and WHEREAS, pursuant to Section 22 .3 of the Comprehensive Zoning Ordinance a Public Hearing was held before the City Council (!)~ rl.3 1 ll/11' to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health, safety , the general welfare and good zoning practice justify the proposed amendment to the said Officia l Zoning Map , as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The following described property shall be zoned· from an unzoned classification, as a newly annexed parcel of -1- .. • I • ( c • • • • land , to I-1 , L igh t Indus tr ial Distric t: A tract of land in the West 1 /2 of the Southwest 1 /4 of t he Nor t h e ast 1 /4 of S e ction 9, Township 5 South, Range 68 Wes t of the 6th P r incipal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 Wes t, thence Ea st along the North line of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 6 8 We st, a distance of 330.0 feet more or less to the true point of b e ginning, said true point of beginning also being on the City Limits of Englewood, Colorado ; thence continuing East along said City Limits a distance of 165 feet more or l e ss; thence South 0 ° East along the City Limits of Engl ew ood, Colorado, a distance of 660 feet more or less to the c e nt e r- line of We st Tuf t s Av e nue ; thence West a nd leaving the City Limits line of En g lewood, Color a do , a dis tance of 165 feet more or l e ss ; th e nce North a distance of 660 feet more or less to the true point o f beginning . Said tract of land containing 2.50 acres, mor e or less, Sec tion 2. Th e Offi c ial Zoning Ma p of the City of En g l ewood, Colo r a do, h ere by i s amende d a c c ordingly. In t roduc e d, read in full and passed on fi rst r ea ding on the cJntJ.. day of October, 1978. P ubli she d as a Bi ll for an Ordinance on the ~tA day o f Oc tober , 1 978. ATTEST: Mayor 'f',u \j;YY\ ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full and passed on first reading on the Jflll day of October, 1978. ex officio City Clerk-Treasurer -2- • I • • ( • • • • INTRODUCED AS A BILL BY COUNCILMAN~-~~~_,,=~.l..-·=£~~~·-.... ....... _..1'--~~~~- A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONING MAP I N ACCOR DA NC E THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. WHEREAS, pursuant to Section 22 .3 of the Comprehensive Zoning Ordinance, public hearings were held before the City Planning and Zoning Commission on July 5, 1978, September 6 , 1978, to zone a certain parcel of land annexed by Ordinance No. to the City of Englewood, I-1, Light Industrial District; and WHEREAS, on october 2, 1978 , said Planning and Zoning Commiss ion submitted its Findings of Fact, Conclusions and recom- mended that I-1 Industrial Zoning be imposed with conditions; and WHEREAS, the City Council directed that a public hearing be he l d before it on o~ o1J, 19 11' with regard to said zoning application; and WHEREAS, at said hearing on said date the Council shall receive all reports, maps , drawings, memoranda, minutes, findings and all evidence and other matters theretofore previously con- sidered by the City Planning and Zoning Comm i ssion, and in add- ition receive further testimony from the owner and applica nt as wel l a s othe r interested parties; and WHEREAS, the City Council hereby adopts and incorporates herein paragraphs No. 1 to 13 inclusive of the findings of fact and a. through g., inclusive, of the recommendation of the City Planning and Zoning Commission adopted September 19, 1978, a copy of said findings and recommendation is attached hereto and made a part hereof by this reference. WHEREAS, City Council finds and determines that the public necessity , convenience, health, safety and good zoning practice justify the proposed amendment, subject, however, to a certain waiver and Conditions hereinafter contained . • I . - ( • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO as follows: Section 1. Zone Classification. That the following described real property shall be zoned I-1 Light Industrial District: Beginning at th e Northeast c orn er of Tract 11, 13lock 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point 011 the City Limit8 of Englt•wood, Co lorado ; thence' West along said City Limits, also being th e North line of Tract 11, and also being th e South 1·ight-of-way line of West Tu1ts tivenue a distan ce o f 69.3 feet more or less ; thence North along City Limits line a distance of 10 feet more or less ; thence West along a line parallel to the South line of West Tufts Avenue a distance of 98.7 J eet more or less to the centerline of South 13everly Drive; lh <'n<·e South along the centerline of South 13everly Driv e a distance of 145 feet more or less ; thence West a tlistance o1 25 feet to a point on the City Limits of Englewood, Colo1ado:' thence South along said City Limits a distance of 125 feet; thence East along City Limits a distance of 193 feet mor e or less to the Southeast corner of Tract 11 ; thence North and leaving the City Limits along the East line oJ Tract 11 a distance of 250 feet more or less to the point of beginning , Said tract of land con- taining 1 ,05 acres more or less. Section 2. Conditions. The conditions established and approved by the City Council and imposed upon the above described real property classified as I-1, Industrial District, shall be as follows: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in con- formance with a Development Plan which has been approved and recorded in compliance with S22.4A of the Comprehen- sive Zoning Ordinance. b. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site. c. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, which lot is identified by street address as 1460 West Tufts Avenue. d. The east boundary of the subject property shall be screened as approved by a recorded Development Plan. -2- • ... I • • ( ( • • • • e. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. f. No entrance, exit or loading dock shall be permitted on the east side of any builidng which is constructed on the subject property; nor shall any parking, storage of equipment , materials or trash, or access, other than for emergency vehicles, be permitted in the area east of said buildings. g. All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash coll- ection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. Section 3. Zoning Map Amended. The official zoning map of the City shall be and is here- by amended to conform to the provisions of Sectionsl arrl 2 of this Ordinance. Section 4. Waiver and Conditions Binding On Heirs, Administrators, Executors, Successors And Assigns. That the foregoing chan~e in zoning classification is based upon the Findings of Fact as herein adopted and upon the representation by the owner and applicant for annexation that he will waive those certain rights which may be available to him and in lieu thereof agrees to the Waiver and Conditions set forth herein, which said Waiver and Conditions shall be binding upon the owner, his heirs, administrators, executors, successors and assigns. Section 5. Ordinance To Be Recorded. That this Ordinance shall be recorded by the Department of Community Development with the office of the Clerk and Recorder of Arapahoe County, Colorado. Introduced, read in full and passed on first reading on the day of October, 1978. Published as a Bill for an Ordinance on the October, 1978. MAYOR • day of I • • • • • • ATTEST: ex officio City Clerk-Treasurer I William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced, read in full and passed on first reading on the day of October, 1978 . ex officio City Clerk-Treasurer • • I • •