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HomeMy WebLinkAbout1977-08-08 (Special) Meeting Agenda_City Council Meeting -August 8, 1977 Special • • - • - ( ( ( • SPE !AL MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWO OD, COLORADO August 8 , 1977 /6. The City Co unci l o f the City o f Englewood , Arapahoe Coun ty , Colo rado , met in special sessi on o n Au gust 8 , 1977 at 7 :00 p .m. Mayo r Taylor , presiding , called t he meeting t o order . The invocation was g iven by May or Pro tem Clayton . The Pledge o f Allegiance was l ed by Mayor Taylor . May or Taylor as ked f or r oll call . Upon the call of the r oll , the followin g we re pre s ent : Co uncil Members Williams , Smith , Br own , Mann , Clayton , Taylor . Absent : Council Memb er Sovern . The May or declared a quo r wn present . Also present were: Assistant City Manager Curnes City Atto rney Be rard ini Directo r o f Community Development Wanush Director o f Finance/City Clerk J ames ****** COUNCILMAN WILLIAMS MOVED TO OPEN A PUBLI C HEARING TO CONSIDER REZONING OF 3270 -80 SOU TH BANNOCK STREET FROM R-2 , MED I UM DENSITY , TO B-1 , BUSINESS . Councilman Brown seconded the motion . U n a call of the r oll , t he v o te resul ted as f oll ows: Ay es: Council Members Will iam s , Smi th , Br own , Mann , Clayton , Taylor . Nays : None . Absent : Council Membe r Sovern . The May o r declared t he mo ti on carried . Director of Community Dev elopment Wanush s tated that·a public hearing was held on June 21 , 1977 by the Planning and Zoning Co mmission on the rez oning o f 3270-80 South Bannoc k Street f r om R-2 t o B-1 . He presented the f ollowin g exhibit s : (1) Exhibit A -Certification o f Posting of said property ; (2 ) Exhib it B -Staff Report and rec ommendati on from the Planning and Zo ning Co mmissi on ; (3) Exhibit C -Finding s of Fac t f r om the Planni ng and Zo ning Commissio n . Mr . Wanush stated t hat this rezoning wo uld c onform with the Com prehensive Plan . He no t e d that no one appeared befo re the Planning and Zon ing Commissio n public hearing t o oppose the rezoning , and that the Planning and Zo ning Commission rec ommends the rezo ning fr om R-2 t o B-1 with a c onditional covenant that the use f or this property be limited t o the c onstruction o f an office building . • I • • August 8 , 1977 Page 2 • • • City Att o rney Berardini stated that restric ive covenan s canno t be used in rezoning ma ters . John Criswel l , Attorney for the applicant Donald Marshall , appeared and recommended that ity Council also receive az exhibits the minutes of the Planning and Zoning Commission meeting and tie etter whi ch he had addressed to the Planning and Zoning Commission or the City Attorney relating t this rezoning . Mayor Taylor stated that the exhibits are received . Attorney John Criswell stated that , in his opinion , City Council can impose certain conditi ons o n rezo ning matters . He further stated tha the present zoning for the area has never been proper and that the structures on said property have always been of a non-conforming use . Donald Marshall , 059 So th Elati treet , Littleton , owner of said property , appeared before Council and sta ed he has owned this property for approximately two and one-half years . May or Taylor asked if there was anyone in the audience wishing to speak in favor of this rezoning . No one appeared . Mayor Taylor asked if there was anyone in the audience wi shing to speak against this rezoning . o on e appeared . COUNCILMAJ BROWN MOVED 'ID CWSE THE PUBLIC HEARII G. Counc ilman Mann seconded the motion . Upon a call of he roll , the vote resulted as follows : Ayes : Cou nci l Members Wi liarns , Smith , Brown , Mann , Clayton , Taylor . Nays : Non e . Absent: Council Member Sovern . The Mayor declared the motion carried . Mayor Taylor declared a recess at 8 :25 p .m. City Council reconvened at 8 :35 p .m. Upon a call of the roll , the f ollowing were present: Council Members Williams , Smith , Brown , Mann , Clayton , Taylor . Absent: Council Member Sovern . The Mayor declared a uorum present . COUNCILMAN CLAYTON MOVED TO RECEIVE ALL EXHIBI'l'S , REPORTS , AND ALL OTHER MATERIALS RELATING TO THE REZONING OF 3270-80 SOUTH BANNOCK STREET . Councilman Williams seconded the motion . Upon a call o f the roll , the v ote resulted as follows: Ayes : Council Members Williams , Smi th, Brown , Mann , Clayton , Taylor . • • I • • ( • • • - August 8 , 1977 Page 3 Nays: None . Absent: Council Member Sovern . The Mayor declared the motion carried . INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO . 20 SERIES OF 1977 AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND IN ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-2 , MEDIUM DENSITY RESIDENCE , TO B-1 , BUSINESS, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY . COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO . 20 , SERIES OF 1977 , ON FINAL READING . Councilman Bro,'Tl seconded the motion . COUNCILMAN SMITH MOVED TO AMEND THE ORIGINAL MOTION TO READ AS FOLLOWS : "TO APPROVE CASE #7 -77 , FILED BY DONALD MARSHALL FOR A CHANGE OF ZONING ON 3270-80 SOUTH BANNOCK STREET FROM R-2 , MEDIUM DENSITY RESIDENCE , TO B-1 , BUSINESS , BASED ON THE FOLLOWING CONDITIONS : THAT THE APPLICANT WILL ENTER INTO A RESTRICTIVE COVENANT , RUNNING TO THE PLANNING AND ZONING CO MMISSION FOR A PERIOD OF TEN YEARS, RESTRICTING THE USE OF THE SUBJECT PROPERTY AS FOLLOWS: DEVELOPMENT AS IS PRESENTLY ALLOWED IN THE EXISTING R-2 ZONE DISTRICT ; THE USES CONTAINED IN THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .4-lOb (70) OFFICE BUILDINGS ; AND SECTION 22 .4-lOb (107) ANY SIMILAR LAWFUL USE WHICH , IN THE OPINIO N OF THE COMMISSION IS NOT OBJECTION - ABLE TO NEARBY PROPERTY BY REASON OF ODOR , DUST , FUMES , GAS , NOISE , RADIATION , HEAT , GLARE , OR VIBRATION OR IS NOT HAZARDOUS TO THE HEALTH AND PROPERTY OF THE SURROUNDING AREAS THROUGH DANGER OF FIRE OR EXPLOSION ; THE RESTRICTIVE COVENANTS SHALL MEET WITH THE CONCURRANCE OF THE CITY ATTORNEY THAT SUCH CO VENANT IS LEGAL AND BINDING ON BOTH PARTIES . 11 Mayor Taylor seconded the motion . Up on a call of the roll , the vote resulted as follovs: Ayes: Council Members Smith , Bro~, Taylor . Nays: Council Members Williams , Mann , Clayton . Absen Council Member Sovern . The Mayor declared the motion defeated. Upon a call o f the roll , the vote on the original motion resulted as f ollovs: Ayes : Council Members Williams , Bro~, Tay or . Nays: Council Members Sm ith, Mann , Clayton . Absent: Council Member Sovern . The Mayor declared the motion defeated . * * * * * * • I • • n • • • - August 8 , 1977 Page 4 COUHCILMAN MANN MOVED TO OPEN A PUBLIC HEARING ON THE PROPOSED USE OF REVENUE SHARING FUNDS . Councilman Clayton seconded the mo tion . Upon a call of the r oll , the vote resulted as f ollows: Ayes: Counc il Members Wi lliams , mith, Brown , Mann , Clayton, Taylor . Nays: No ne . Absent : Council Member Sovern . The May or declared the motion car ried . Assistant City Manager Curnes stated that the new revenue sharing regulations require a public hearing o n revenue sharing funds when a change in those funds is recommended after an original budget is approved . He stated that funds in the amount of $363 ,2 74 are being rec ommended to be transferred f r om Storm Drainage to Ri ver Development . May o r Taylo r asked if anyone in the audience wished to speak in favor of this transfer . Ruth Tromley , 3104 South Vine Court , appeared and stated she is in favor o f transferring revenue sharing funds from Storm Drainage t o River Development . Mayor Taylor asked if anyone in the audience wished to speak against this transfer . No one appeared . Councilman Brown stated that City Council has already started replacing money to the Storm Drainage account for 1978 t o complete the pro jects anticipated to be completed in 1977 . COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING . Co un cilman Mann seconded the motion . Upon a call of the roll , the vote r esulted as follows : Ayes: Council Memb ers Williams , Smith , Brown , Mann , Clayton , Taylor . Nays: None . Absent: Council Member Sovern . Th e Mayor declared the motion carried . City Attorney Berardini sta ted a resolution will be prepared for the next Council meeting to author ize this change . * * * * * * There being no further business , May or Taylo r adjourned the City Council meeting at 8 :55 p .m. City Clerk • I • • - - • • • • - 5 -2 2- / ~-4 ? 7J7 :??'3 -i-'] t( ~ AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 8, 1977 7:00 P .M. Call to order, invocation , pledge of allegiance , and roll call. 1 . Public Hearings . Y)e'K+ ord,·r1.Qt1U! .. ""'-m b -e.r -dl.O (a) To consider rezoning of 3270-80 South Bannock Street from R-2 (medium density) to B-1 (business). (Ordinance and staff reports enclosed.) • (b) To consider utilization of revenue sharing funds for the river redevelopment funding. 2 . Adjournment. f!:t~~"- City Manager • I • • In n - . ,. • • • - /o_ INTRODUCED AS A BILL BY COUNCILMAN WILL IAM S BY AUTHORITY• ORDINANCE NO.~ SERIES OF 1977 AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND IN ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLO RADO, FROM R-2, MEDIUM DENSITY RES IDENC E, TO B-1, BUSINESS, AND AMENDING T HE OFFICIAL ZONIN G MA P ACC OR DI NGLY. WHEREAS, pursuant to S ection 22.3 of the Comprehensive Zoning Ord i nance, a Public Hearing was h eld before the City Planning and Zoning Commission on June 21, 1977 to rezo ne a c ertain parcel of l a nd within the City from R-2, Me dium De n~ity Resid e nce, to B-1, Busin e s~ and WHEREAS, said Plann ing and Zoning Commission h a s c on- s i d e red the proposed amendment a nd map change and has sub- mitted its favorable r ecommend ation t o th e City Council the refor; and WHEREA S, p u rs uant to Sec tion 22.3 of the Compre h e nsive Zoning Ordinance, a Public Heari ng was h e ld before the City Council on August 8, 1977 to r ez one said parcel according to the above d e signation; and WHEREAS, public necessity, c onvenie nce, h e alth, safety, the g ener al welfare and good zoning practi c e justify the proposed amendment to the said Official Zoning Map, as h e r e inafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO , AS FOLLOWS: S e ction 1. The fo llo wing describe d property shal l be rezon e d from R-2 to B-1: Pa rt of the E 1/2 of the S 1/2 of the S 1/2 of the NE 1/4 of SW 1/4 of Se ction 34, Township 4 Sout h, Range 68 Wes t, more pa rticularly d e scribed as follows : • I • • , ( • • • - Beginning a t poi nt o n center line of South Bannock Stree t which is 1 40 f ee t South of the North line of said E 1/2 o f S 1 /2 of S 1/2 of NE 1/4 of SW 1 /4; thence East parallel t o sai d Nort h line a di stance of 163 f ee t, th e nce South paralle l to the ce nte r line of So u th Bannock Stree t 101 f ee t more or l es s t o a poin t 91 f ee t Nort h of the So uth line o f said E l /2 of S 1/2 of S 1/2 of NE 1 /4 of S W 1 /4, th e nce Wes t parallel t o sa id South l i ne a distance of 1 6 3 f ee t more or l es s to the ce n te r line of South Bannock Street , t h e nce North along the c e nter l ine of South Bannock Stree t, a dista n ce of 101 feet more or less t o t he point of beginning, County of Ar a p a hoe, State of Colo ra do. Section 2. The Official Zoning Map of the City o f Englewood, Colora do hereby is amended accordingly. Introduce d, r e ad in full and passed on first r e ading on the 18th day of July, 1977. Publish e d as a Bill for an Ordinan ce o n the 20th day of July, 1977. Re ad by title and passe d on fin a l rea ding on the 8th day of August, 1977. Publishe d by tit l e as Ordin a nce No. 1977, o n the 10th day of August, 1977. ATTEST: Mayor e x officio City Clerk-Treasurer , Series of I, William D. Jame s, do hereby certify that the above and foregoi ng i s a true, accu rate and complete copy of the Ordinance , passed o n fina l r ea ding an d published by title as Ordin an ce No. , Se r ies of 1977. ex offici o City Clerk-Treas urer -2- • I • • n r, , ( ) r _) • • • • MEMORANDUM TO THE ENGLEWOOD CI TY COUNCIL REGARDING ACTION OR" RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: June 21, 1977 SUBJECT:, RECOMMENDATION: Recommende d Rezoning Request Don Smith moved: Wade seconded: The Planning CommissiQn recommend to City Council approval of Case #7-77, filed by Donald Marshall for a change of zoning on 3270 1 72, 74, 76, 78, and 80 South Bannock Street from R-2, Medium Density Residence, to B-1, Business, based on the following conditions: That the applic a nt will enter into a Restrictive Covenant, running to the Planning and Zoning Commission for a period of ten years, restricting the use of the subject property as follows: Development as is presently allowed in the existing R-2 Zone District; the uses contained in the Comprehensive Zoning Ordinance, §22.4-10 b (70) Office Buildings; and §22.4-10 b (107) Any similar lawful use which, in the opinion of the Commission is not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration or is not hazardous to the health and property of the surrounding areas through dange~ of fire or explosion. The Restrictive Covenants shall meet with the concurrence of the City Attorney that such Covenant is legal and ,binding on both parties. AYES: Pierson, Don Smith, Ed Smith, Tanguma, Wade, Lathrop, Parker NAYS: None ABSTAIN: Williams ABSENT: Owens The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty ~Recording Secretary • I • • n • STAFF REPOR T Page -1- STAFF REPOR T RE: • • • REZONING APPLICATION Case # 7-77 Req uest of rezo ning from R-2, Medium Density Residence District to B-l, Busines s. DATE TO BE CONSIDERE D: June 21, 1977 NAME AND ADDRESS OF APPLICANT: Donald L. Marshall 6059 South Elati Street Littleton, Colorado 80120 NAME AND ADDRESS OF PROPERTY OWNER: Donald L. Marshall 3290 South Bannock Street Englewood, Colorado 80110 LOCATION OF PROPOSAL: 3270, 72, 74, 76, 78, 80 South Bannock Street Englewood, Colorado 80110 See Vicinity Map. This property is legally described as: Part of the E l/2 of the S 1/2 of the S 1/2 of the NE 1/4 of SW 1/4 of Section 34 Township 4 South, Range 68 West, more particularly described as follows: Beginning at point on center line of South Bannock Street which is 140 feet South of the North line of said E 1/2 of S l/2 of S 1/2 of NE 1/4 of SW 1/4; thence East parallel to said North line a distance of 163 feet, thence South parallel to the center line of South Bannock Street 101 feet more or less to a point 91 feet North of the South line of said E 1/2 of S 1/2 of S 1/2 of NE 1/4 of SW 1/4, thence West parallel to said South line a distance of 163 feet more or less to the center line of South Bannock Street, thence North along the cente r line of South Bannock Street a distance of 101 feet mo re or l ess to the point of beginning, County of Arapahoe, State of Colorado. ZONE DISTR ICT: R-2, Med ium Density Residence • I • • n n / ) STA FF REPORT Pae -2- DESCRIPTI ON OF REQUES T: • • - REZ ON ING APP LICA TION Ca se # 7-77 The reasons the applicant has giv en for his requ es t to rezo ne hi s property from R-2, Medium Density Resid ence to 8-1, Busin e s s , are as follows: "This property is pre se ntly in the R-2 zon e , but is occupied by six units (3 duple xes) which must be at least 50 years of age. They are pre sently, and have been for so me time, non-confor ming with respe c t to lot fronta ge , lot area and size of dwelling units, among other things . The lot abuts the 8-1 zone district on its south and on its east, and cannot be exp ec t ed to be re-developed (which is sorely needed) within the R-2 ~one. Applicant presently inte nd s , if the request is granted,. to construct a profession a l office building similar to that constructed, and owned, by him on the lot to the south. Und e r these circumstances, applicant submits that the public necessity, convenien ce, health, safety, morals, general welfare and good zoning practice justified approval of this application." RECOMM ENDATION OF THE DEPAR TMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the request for rezoning from R-2, Medium Density Residence, to 8-1, Business District, be reco mm ended for the following reasons: 1. Jhe subject site is bordered on the south and east by 8-1, Business District and the requested rezoning would be an extension of that Zone District. 2. The proposed rezoning to 8-1, Business would encourage a redevelopment of this property. The present structures on the property are substandard and provide very minimal living conditions to the inhabitants. 3. Because of the proximity of the site to the loading and parking areas of the Checker Auto Parts and Yellow Front store on the southeast, the property does not lend itself to redevelopment as a medium-density unit under the present zoning. DESCRIP TION OF SUBJEC T AR EA AND ADJACENT AREA: The prop erty requ e ste d for rezoning is developed with three sm a ll fra me , two -unit res id ential structures, which were constru c ted in 1925. The units have approxi mately 350 square feet in floor space and provid e a poor living environme nt for the occupants. These duplexes are on a 101' wide by 133' de e p par cel. Th e applicant own s a single -family residen ce to the north of the subjec t site which property is not included in th e re zonin g requ es t. There are also sin g le-farnily houses further north on t he east side of South Bannock Stree t and on the west side of South Banno c k Stree t as well. The land to the east of the subject site is zoned 8-1, Busine ss and is develop ed with small apartment units which are non-confor ming in the B-1 District. To th e sou th of the subjec t site is the architec tural office of the applicant and the pa rking lot and loading area for th e Yellow Front/Che c ker Auto Parts sto res . • I • • ST.A.F F RE PORT Page -3- • • • REZON IN G .~.P PL! CAT !ON Case #7-7 7 BA CKG ROUN D OF PREVIOUS CIT Y ACTION RELATI NG TO THE PROP ER TY: Th e subje c t si t e is pa rt of t he or i ginal City of Engl ew ood and as suc h, t he f i rst zone district of recor d wh ich was ap plied to this prop e r ty wa s R-1 Residenc e Di str i c t . This Di st rict pe r mitted single- f amily dwell i ng s , schools, Li bra ri es , Pu blic Parks and Playgrou nds and Fa r ming a nd Truck Gardening. In 19 55, t he Zoning Ordinance and Zoning Map were revised and the subject pr operty wa s zoned R-2-A Two-Family Resid ence. Unde r the R-2-A Zone District, a single-family home could be constructed on a 50 foot frontage or a duplex on a 75 foot frontage. The pro per ty ha s had that classification until last year when the R-2-A Zone Dist r i c t wa s re pealed and all areas whi ch were zo ned R-2-A, were reclassifi ed to R-2, Medium Density Residence. Mr . Donald Marshall and Mr. Norman Kasch, Mr. Ma rshall's former a ss oci a te, a ppea red at the Public Hearing before the Pl an ning Co mm ission on Oc t obe r 21, 1975, and asked that the property which is th e subject of t his ap pli ca tion not be zoned R-2, but that they be giv en a n oppor- t unity to ap ply for a more appropriate zone classifi eation at a later da te. The Ci ty could not leave the property unzoned and it was zone d R-2, along with most of the other pr operty which had bee n zone d R-2-A. REL ATIO NS HIP TO COMP REHENSIVE PLAN: The s ec ond phase Generalized La nd Use map in the Comprehe nsive Plan, suggests that this area will be come comm ercial in the f uture. CO MM ENTS FROM OTHER DEPARTMENTS: Dep artment of Public Works -No Obj ec tions Code Enforcement Division -No Obj ections DEPART MENT OF COMMUNITY DEVELOPMENT ANALYSIS : Th e s ubj ect pro perty is one that has potential for some sort of r ede ve l opmen t. The living units whi c h are there now are of poor con s truction a nd do not me e t the 650 squar e foot mi ni mum floor area r equirem ents of the Compre he ns ive Zonin g Or dinanc e. The units are about 350 square feet. The pr es ent de ns i t y a lso exceeds that permitted in the ·present R-2 Zone Distri ct. A max i mum of f ou r units, e ither two duplexes or one four- plex , would be permi t t ed on th is 101 f eet of f ronta ge if new construction wer e to t ake pla ce . If the re zoni ng app l ica t i on i s a pprove d, it is t he intention of the app l ican t t o r edevelop th e prop er ty under the B-1, Business District r e gu l ation s an d co nstruct a professional offi ce building similar to the one t ha t he cons tructed at 32 90 South Ba nno ck Str ee t . • I • ) ) • STAFF REPORT Page -4- • • • REZ ONING APPLICATION Case # 7-77 This would remedy the situation that exi sts at the present and would provide a new use that could be compatible with the surrounding neighborhood. • I • • RP.n1 JP.~t .. --. -· --- SIG N, • " I II I CONTINENTAL NATIONAL BANK I . I I x ! I ! " •,J ... I C/) 53 9 .8 • • • • L 1i T\""' II V - II 11 PARKING YELLOW FRONT • .. • DEPARTMENT OF COMMUNITY DEVELOPM ' 'T CITY OF ENGLEWOOD, COLO, ~\ \· '"'"~ ~ \ ~ -I --1 I • • In • • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following described property : ______ s_e_e_A_t_t_a_c_hrn_e_n_t __ r ______________ ~ Legal Descrip ti o n I hereby certify under oath that th e above de scribed proper ty was posted continuously f or a pe ri od of 18 days, f rom __ J_u_lY __ 2_2 ____ ~-- ______ , 19 77 , t o _______ A_u..:;g_u_s_t_B ___________ , 19 -22._ State of Colorado ) ) ss County of Arapahoe) Subscribed and sworn to before me this 8th 19 77 1.t; C,.,: • .n ... ~ fc: i,o .. Mar , 12,1978 da y of August A separate certi f i nti on sh all be presented to the Department of Community Development f or each Notice of Hearing sign, Such certification s hould be submitted to the Department prior to the Publ ic He arin g in order that it can be included in tije information pre se nted to the Public body before whom the Hearing is being held. • I • • - •• • • • • --:-::~==-==-~~---...,,,..-=--==c-=-~---c-------.- • ( C ATTACHMENT I Legal Description of Parcel to be Rezoned: Part of the E 1/2 of the S 1/2 of the S 1/2 of the NE 1/4 of SW 1/4 of Section 34 Township 4 South, Range 68 West, more particularly described as follows: Beginning at point on East line of South Bannock Street which is 140 feet South of the North line of said E 1/2 of S 1/2 of S 1/2 of NE 1/4 of SW 1/4; thence East parallel to said North line a distance of 133 feet, thence South parallel to the East line of South Bannock Street 101 feet more or less to a point 91 feet North of the South line of said E 1/2 of S 1/2 of S 1/2 of NE 1/4 of SW 1/4, thence West parallel to said South line a distance of 133 feet more or less to the East line of South Bannock Street, thence North along the East line of South Bannock Street a distance of 101 feet more or less to the point of begin-· ning, County of Arapahoe, State of Colorado . I • • - ( • V r • • • - C~6' " ~8777 MEMORAND UM TO THE ENGLEWOOD CI TY COUNCIL REG ARDING ACTION OR . RECOMMENDATION OF THE CITY PLANNING AN D ZONING COMMISSION. DATE: June 21 , 1977 SUB J ECT:. RECOMMENDATION: Recommended Rezonin g Reques t Do n Smith move d: .. Wad e seconded: he Planning Commission recommen d to City Council approval of Case #7-77, filed by Donald Marshall for a change of zoning on 3270, 72, 74, 76, 78, and 80 South Bannock Street from R-2, Medium Density Residence , to B-1, Business, based on the following conditions: That the applicant will enter into a Restrictive Covenant, running to the Planning and Zoning Commission for a period of ten years, restricting the use of the subject property as follows: Development as is presently allowed in the existing R-2 Zone District ; the uses contained in the Comprehensive Zoning Ordinance, §22.4-10 b (70) Office Buildings; and §22.4-10 b (107) Any similar lawful use which, in the opinion of the Commission is not ob jectionable to nearby property by reason of odor , dust, f umes, gas, noise, radiation, heat, glare, or vibration or is not hazardous to the health and property of the surrounding ar ea s through danger of fire or explosion. The Restrictive Covenants shall meet with the concurrence of the City Attorney that such Coven ant is legal and binding on both parties. AYES: Pierson, Don Smith, Ed Smith, Tanguma, Wade, Lathrop, Parker NAYS: None ABSTAIN: Williams ABSENT: Owens The motion carried. Respectfully submitted , By Order of the City Planning and Zoning Commission • (A,A ./-;/ ~/a , , ~-~ lg/- Gertrude G . Welty ,lecording Secr6tary • I • • • STAFF REP ORT Page -1 - STA FF RE POR T RE: • • • REZONING AP PLICATI ON Cas e # 7 -77 Request of r ez on ing fr om R-2 , Mediu m Dens i ty Residen ce Di strict to B-1 , Bu siness . DATE TO BE CONS I DERE~: J une 21, 19 77 NAME ANO ADDRE SS OF APPLICA NT: Dona l d L. Mar s hall 6059 South Elat i Street Li ttleton, Colo r ado 801 20 NAM E AND ADDR ESS OF PROPERTY OWNER: Donald L. Mars hall 3290 Sout h Bann ock Stre et Eng l ewood , Col orado 80110 LOCATI ON OF PR OPOSAL : 3270 , 72 , 74, 76, 78, 80 South Bannoc k Stree t Englewoo d, Co lorado 80110 Se e Vici nity Map. This property is l eg ally de s c r ib ed as: Part of the E 1/2 of the S l /2 of the S 1/2 of the NE 1/4 of SW 1/ of Sec tion 34 Township 4 South, Ran ge 68 West, more pa rt i cu l a rl y described as follow s: Beginnin g at point on center line of South Bann oc k Stree t whi ch is 14 0 feet South of the North line of said E 1/2 of S l/2 of S 1/2 of NE 1/4 of SW 1/4; th ence Ea s t para ll el to s a id North l ine a di sta nce of 163 feet, th ence Sou t h pa r a l l el to the cente r l in e of South Bannock St re e t 101 fe et more or less to a poin t 91 f ee t North of the South line of said E 1/2 of S 1/2 of S 1/2 of NE 1/4 of SW l /4, thence West par a ll el to said South li ne a dis tan ce of 163 feet more or les s t o the center l ine of South Bannock St ree t , t hence North along the center line of South Bannock Street a di stance of 101 feet more or l e ss t o th e poi nt of beginning , County of Arapahoe , State of Colo r ado . ZON E DI STRICT: R-2 , Mediu m Density Residence • I • ( ( STAFF REPORT Page -2- DESC RIPTION OF REQUEST: • • - REZONING APPLICATION Case # 7-77 The reasons the ap plicant has gi ven for his request to rezone his property from R-2, Medium Density Residence to B-1, Business, are as foll ows: "This property i s presently in the R-2 zone, but is occupied by six unit s (3 duplexes) which must be at least 50 years of age. They are presently, and have been for some time, non-conforming with respe ct to lot frontage, lot area and size of dwelling units, among other things. The lot abuts the B-1 zone district on its south and on its east, and cannot be expected to be re-developed (which is sorely needed) with in the R-2 zone . Appli ca nt presently intends, if the request is granted, to construct a profession al office building si mi lar to that constructed, and owned, by him on the lot to the south. Under these circumstances, applicant submits that the publi c necessity, convenience, health, safety, morals, general welfare and good zoning practice justified app roval of this application." RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the request for rezoning from R-2, Medium Density Residence, to 8-1, Business District, be recommended for the following reasons: l. The subject site is bordered on the south and east by 8-1, Bus iness District and the requested rezoning would be an extension of that Zone District. 2. The proposed rezoning to 8-1, Busine ss would encourage a redevelopment of this property. The present structures on the property are substandard and provide very minimal living conditions to the inhabitants. 3. Because of the proximity of the site to the loading and parking areas of the Checker Auto Parts and Yellow Front store on the southeast, the property does not lend itself to redevelopment as a medium-density unit under the present zoning. DESCRIPTION OF SUBJECT ARE A AND ADJACENT AREA: The property requested for rezoning is developed with three small frame, two-unit re s iden ti al structures, which were const ructed in 1925. The units have approximately 350 square feet in floor space and provide a poor li ving environment for the occupants. These duplexes are on a 10 1' wide by 133' deep parcel. The applicant owns a single-family residence to the north of the subject si te which property is not i ncluded in the rez oning request. There are also si ngle-family houses further north on th e east side of South Bannock Street and on the west side of South Bannock Street as well. The land to the east of the subject site is zoned B-1, Business and is developed with small apartment units which are non-conforming in the B-1 Distric t . To the south of the subject site is the architectural office of the applicant and the parking lot and loading area for the Yellow Fron t/Che cker Auto Parts stores. • I • -- • STAFF REPORT Page -3- • • - REZONING APPLICATION Case # 7-77 BAC KGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY : The subject site is part of the origina l City of Englewood and as su~h . the first zone district of record which was applied to this property was R-1 Residence District. This District permitted single- family dw ellings, schools, Libraries, Public Parks and Playgroun ds and Farming and Truck Gardening. In 1955, the Zoning Ordinance and Zoning Map we re revised and the subject property was zoned R-2-A Two -Family Residence. Under the R-2 -A Zone District , a single-fam ily home could be constructed on a 50 foot fro ntage or a duplex on a 75 foot frontage. The property has had that classification until last year when the R-2-A Zone District was r epeal ed and all areas which were zoned R-2-A, were reclassified to R-2, Medium De nsity Residence. Mr. Donald Marshall an d Mr. Norman Kasch, Mr. Marshall 's former associate, appeared at the Public Hearing before the Planning Commis sion on October 21, 1975 , and asked that the property which i s the subject of this application not be zoned R-2, but that they be gi ven an oppor- tunity to apply for a more appropriate zo ne classification at a later date. The City could not leave the property unzoned and it was zoned R-2, along with most of the other property wh ich had been zoned R-2-A. RELATIONSHIP TO COMPRE HENSIVE PLAN: The second phase Generalized Land Use map in the Comprehensive Plan, suggests that this area will become commercia l in the future . COMMENTS FROM OTHER DEP ARTME TS: Department of Public Works -No Objections Code Enforcement Division -No Objections DEPARTMENT OF COMMUNITY DEVELOP MENT ANALYSIS: The subject property is one that has poten tial for some sort of redevelopment. The living units which are there now are of poor co nstru ction and do not meet the 65 0 square foot minimum floor area requirements of the Comprehensive Zoning Ordinance. The units are about 350 square feet. The present density also exceeds that permi tted in the present R-2 Zone District. A maximum of four units, either two duplexes or one four- plex, would be permitted on this 101 feet of frontage if new construction were to take place. If the rezoning applicati on is approved, it is the intention of the applicant to redevelop the property under the B-1, Busines s District reg ul ations and construct a professional offi ce bui lding similar to the one that he constructed at 3290 South Bannock Street . • I • • ( ( • STAFF REPORT Page -4- • • • REZONING APPLICATION Case # 7-77 This would remedy the situation that exists at the present and would provide a new use that could be compatible with the surrounding neighborhood. • I • • • \...... • • - I Request for Rezoning r ~ ) PARKl1NG a<o '°)4j I __./ ) ~ W. j- I' I PARKING ] CONTINENTAL NATIONAL BANK 5 " I X I ;J~ I Cf) • ,.,,.,,\ : ,( SIGN , • I i X I crj 53 98 • -~ . PARKING • YELLOW FRONT """"' I J! ~ . ) '~- \ SCALE : t ": 10 0 ' ---.J_. ' DEPARTMENT OF COMMUNITY DE\IELOP1r ·•r 1 CITY OF E N GLEWOO D, COLO. . -~ \:"""I~ • I • • -- - ( ( • • ( • • • • -10- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING A CT ION OR RECOMMENDATION OF THE C ITY PLANNING AND ZONING COMM ISSION. DATE: July 19, 1977 SUBJECT: Findings.of Fact: Rezoning of 3270, 72, 74, 76, 78, and 80 South Bannock Street. RECOMMENDATION: Tanguma moved: Smith seconded: The City Planning Commission accept and recommend to City Council the Findings of Fact on Case #7-77, the rezoning request filed by Mr. Donald L. Marshall. AYES: Parker, Pierson, Smith, Tanguma, Wade, Lathrop, Owens NAYS: Williams The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. 1elty .•Recording Secretary • I • • • • • - CI TY PLANNING AN D ZONING COM1!1SSION CI TY OF ENGLE WOOD, COLORA DO IN 'lliE MATTER OF CASE NO. 7 -7 7, ) F INDI NGS OF FACT, CONC LUS I ON S, ) AN D RE CO 1MENDATIO S RELATING TO ) THE APPLICATION OF DONAL D L. ) MARS HA LL TO RE ZONE A CE RTA IN ) ARE A OF THE CI TY OF EN GL EWOOD ) FR OM R-2, ME DI UM-DENSITY RE S!-) DE NCE, TO B-1, BU SINESS, P UR-) SU AN T TO §22.3-2 OF THE COM-) P REHEN SIVE ZONING ORDINAN CE OF ) T HE CI TY OF ENGLEW OOD, COLOR ADO. ) -11- A Public He aring wa s h e ld i n conne c tion with Case #7-77, o n J un e 21, 1977, in th e Ci t y Co unc il Ch a mb e rs at the E n g l e wood C i t y Hall. A qu o rum of t h e City Pl a n n in g and Zo n ing Co mmi s sion was pr e s e nt, those b e ing : Mr. Lath ro p, Mr. P arke r, Mrs . Pie r s on, Mr. Do n S mith, Mr. E d Smith, Mr. T a n guma , Mrs . Wa d e a nd Mr. Will i a ms . Thos e me mb e rs of t he Colllln ission wh o we r e abs e nt : Mr. Ow e ns . F INDINGS OF FACT --- Upo n r e v i e w o f th e e vide nce taken in th e form of tes timony, pre s e n tatio ns, r e port s a nd fil e d do c um e nts, t h e Co llllni s s i on ma k e s t h e f o l lowi n g findi n g s o f f a ct: 1. T h a t prope r notice of the He aring to c ons ide r the requ es t e d re z oni ng was given by posting the prope rty and by pub l is h ing a n o t i ce of th e Hea ring in the of f i c ial Ci t y n e ws- p a p e r, the En g l e wo od He r a ld S e ntine l. 2. That t h e ar e a in q u es tion i s d escribe d as f ollows: Part of th e E 1 /2 o f t he S 1 /2 of t he S 1 /2 of t h e NE 1 /4 of SW 1 /4 of Sec tio n 34 Townsh ip 4 Sout h, Range 6 8 Wes t, mo r e particu l a r ly describ e d as fo l lows: Beginning at po int on ce nter l ine o f South Bannock Sr et which is 140 f et So u t h of th e Nort h line of s aid E 1 /2 of S 1 /2 o f S 1 /2 of NE 1 /4 of S W 1 /4 ; th e nce East paralle l t o sai d ~rth line a distance o f 163 fee t , t h e nc e South p aralle l to he c nte r l ine of S ou t h Ba nnock Stree t 1 0 1 f ee t more o r 1 s to a point 9 1 f eet No rth of th e S o u t h l in e of said E 1 /2 of S 1 /2 of S 1 /2 o f NE 1 /4 of SW 1 /4 , the n ce We st paralle l t o s id Sou th lin e a dista n c e of 163 fe e t mor e or l e ss t o the c nter line of S ou th Bannock , th e nce No rt h a l o n g t h e c e nter line of South Ba nnock Str ee t a distance of 101 f ee t more or 1 ss t o the po int o f b e ginnin g , Cou n t y o f Ar ap a hoe , S tate o f Co l or ado. • I • • n • • - -12- 3. That the application for re z oning was fil e d by Donald L. Marshall, 60 59 South Elati Street , Li tt l e ton, Colorado 80120, who, together wi t h his wife, He l e n, is the owner of the above descr ib ed property and th at the applicant was repr e sented by Attorney John A. Criswel l. 4. That the area which is the s ubject of this application was zoned R-1, Sing le-fami ly Residence from 1 940 to 1955 and it was zoned R-2-A, 'l\vo-family Res idence, by Ordinance No. 45, Series of 195 5, which z one district permitted a maximum d e nsity of two units on a building site having a minimu m density of 9,000 square f ee t, and that the property having frontage on South Bannock Stree t which lies to the south of the s ubject site was rezoned fro m R-2-A to B-1 in 1963. 5. That the R-2-A Zone District was repealed by Ordinance No. 30 of 1975 and an R-2, Medium Density , Zone District was e nacted by said Ordinance No. 30 of 1975. 6. That the subject property , together with a majority of the other property in the City which had been zoned R-2-A, was zoned R-2, M dium Densit y Re sidence, by Ordinance No. 50 , S e ries of 1975. 7. That the owners of the subject property were represe nted at a public hearing on that re z oning, with testimony being given that the property should be c onsidered separate ly rather than being included with property which was in other parts of the Cit y, and that it should be considered for a different zo ne c la ssification. 8. That thr ee times since 1940, z oning has b een imposed on the subject prop rty which made the existing use non-conform- ing rather than impos ing a zoni ng on t he property which re- flected the use of the land. 9 . That the property to the north and west of the subj e ct site is zone d R-2, Me dium-Density Residence and that the property to the east, south and southwest is z oned B-1, Business, and that the requested r ezoning would exten d the boundary of that B-1 District to include the subject parcel of land. 10. That the subject property has 101 foot of frontage on South Bannock Stree t and a d e pth of 133 feet. 11. That th e re are three small frame, two-unit residential s tru c tur es approximate ly 50 years old, on the subj e ct property, ea ch unit having 350 square feet of floor area. 12 . Tha t th ese units are in poor r ep air an d do not meet the minimum standards of the R-2 Zone District as to density or floor area and they could not be brought into compliance with the pres e nt r g ulations without reducing the density and th ere by depriving the owne r of the income from two units. • I • • n • • • - -13- J.3. Tha t th e southeas t po rtion of th e s ubj ec t pro p e rty abuts th e park ing lot fo r th e Ch eck e r Auto Parts a nd Ye llow Fron t ~us in esses , wh ich u ses adv e r se ly affe ct th e s ubj ec t proper ty a s a me dium-dens ity r e side ntial site. 14. That the Ge neralize d Land Use Map of the 1969 Compre- h e nsive Plan, p roj ec ts that the busipe s s z oning wh i ch is to the e ast and s outh of t he subject site will, in the future, ex t e nd west to South Bannock Street and north to We st Eastman Av e nue, encompassing the property which is the subj e ct of this application . 15. That the applicant plans to remove the six substandard units which are on the subject property and to construct a s mall office building, if the rez oning is a pproved . 16 . That b e cause of limit e d access to the site, and be- cause of its proximity to a r e side ntial area , an office build- ing could be compatible with adjacent development while more intense retail uses would not be compatible . 17. That Couns e l for the applicant stated that his client plans to construct an office building on the site and that his client would agree to limit the use of the subject property to the following uses by cov e nants or by any oth e r me ans approved by the City Attorney: Any use permitted pres e ntly by the Comprehensive Zoning Ordinance in the R-2 Me dium Density Re side nce District, as the property is .presently d e signated; plus the following us e s from the B-1 Zone District: §22.4-10 b ( 4) (11) (12) (15) (24) (35) ( 41) (57) (5 9) (7 0 ) (7 1 ) (72) (7 7 ) (7 8 ) (79 ) (86) (94) (107) Any use intended t o provide health tre atme nt for the payment of a fee; Barber shops; Beauty shops; Book stores; Clinics, dental or medical; Educational institutions; Floral shops; Laboratories, d ~ntal or medical; Library or reading rooms ; Of fice buildings; Op t ic ians ; Op ti c al and scientific instrument sho p s ; P icture fr a ming; Ph o togr aph ic studios ; Ph o tost ating and blueprinting Pu b l i c building s; Studios ; Any s imilar lawful use which, in the op i nion of the Co mmission is not object io nabl e t o n arby property by reason of odor, du st , fu me s, g as, noise, radiation, heat, g l a re or vibra tion or is not ha z ardous to the h e alth and p rope rty of the surrounding areas th r ou gh dan ger of fire or ex plosion. • ) I • • - • • • - -14- 18, That the r ecommenda tion of the Planning Commissi on does not bin d the Cit y Council an d that if the Commissio n a tta ches a co ndition to its re comm e ndatio n rel ative to t he rezo ning case , s uch r ecommendation is a dvi sory .on ly, CONC LUSIONS 1, That proper n o tice of the Pu bl ic Hea ring on Case No . 7 -7 7 was g iv e n by posting the proper ty and by lega l notice in the official City n e wspaper. 2. That b e cause of the proximity of the subject area to l and z oned fo r busin ess use an d to business deve lopme nt, the land does not l e nd itself t o medium-density residential use. 3. The dev elopmen t which has b e en on the subject property for approxi mat ely 50 y ea rs has b e come substandard and the units do not meet the density or floor area requirements of the exist- ing z oning regulations, and to demolish the units and to re- develo p the land under the existing z onin g , would d e prive the owner of the use of the land which existe d at the time of its purchase . 4 . That the land was d e veloped at its present density prior to t he first Englewood Zoning Ordinance of record, the 1940 Zoning Ordinan ce , a nd since that time z oning has been imposed on t he property which did not reflect the actual use o f the l and. 5. Thai since the units we re constructed, the land ad- joining the subject property to the south has been z on ed and d e v elope d for commercial use. 6. That the exte ns i on of the B-1, Busine ss Di strict to include the subject property would be in conformance with the 1969 Compre h e nsive Plan. 7. That th e re are certain u ses permitted in the ,B-1, Business District which would permit the propert y to be re- d e v e lope d co mpat ibly with the adjacent pro perties; while other uses permitted in th e B-1 Zone Distri ct would not be comp atible with the adjacent d eve lo pmen t. 8. That the applicatio n of the B-1, Business, zo ne classification to the subject property, will conserve and stab ilize the va lue of propert y in the subject area and will not ca u se undue conce ntration of population, traffic or stress upon communi t y utilities an d services and will promote the h ea lth, safety, morals and ge neral welfare of all in ac o rdance with a comprehensive plan . • , I • • - • • • • • - -15- RECOMMENDATION Th e refore, it is the recommendation of the City Planning and Zoning Commission to the City Council of Engl ew ood that the above d e scribed area be z oned B-1, Busine ss based on the following conditions: That the applicant will enter into a Restrictive Covenant, running to the Planning and Zoning Commission for a period of ten years, restricting the use of the subject property as follows: Development as is presently allowed in the existing R-2 Zone District; the uses contained in the Comprehensive Zoning Ordinance, §22.4-10 b (70) Office Buildings, and §22.4-10 b (107) Any similar lawful use which, in the opinion of the Commission is not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, h e at, glare, or vibration or is not hazardous to the health and property of the surrounding areas through danger of fire or e xplosion. The Restrictive Covenants shall meet with the concurrance of the City Attorney that such Covenant is legal and binding on both parties. Upon vote at the meeting of the Commission on June 21, 1977: Those members voting in favor of the motion : Mr. Lathrop, Mr. Parker, Mrs. Pierson, Mr, Don Smith, Mr. Ed Smith, Mr. Tanguma, and Mrs. Wad~. Those members voting in opposition to the motion: None. Those members abstaining: Mr. Williams. Those members absent: Mr. Owens, By Order of the City Planning and Zoni~ Commission • I • • - • • • • • • ROLL CALL Moved Seconded Ave Nav Abstain Wf111ams V Sovern Sn,fth V, Mann v srown V, c1ayton V V Mayor Tav1or 1/ ~ (t&/#£ ~ -;i; ,?)~ {;?~~- /-~ /J',t/ ~ r!?I-J?---' • Absent / --- • I . • • - • • - ROLL CALL Moved Seconded Ave Nav Abstain Absent v Williams V Sovern [/ :,mnn l/ Mann v ,/ Brown V 1,;1avton I./ _/ Mayor 1aylor )/ • • I . • • • • • • • ROLL CALL Moved Seco d d n e Ave Wi 11 i ams Nav Abstain Absent Sovern ~mitn Mann Brown Cl avton Mayor laylcr ?k~p_±_:_. -~f---/c2 t:~\ ~-4~~~~· {!,A , tfi'~~ ?--~~fa-- ~~~ ?)1/:1 l PJ1f~ ,,~---x ~~ ~th~ 3;z_g7 <~£>~7 ~~ ~~ /UL~~ ~ d/ C?l =,z_ ~ 0 ~/">' ~~-~ ~ / ~z_ oZ.- <!J; ~ • I . • • • • ROLL CALL Moved Seconded 1ve Nav Abstain Absent Wi 11 iams A Sovern ::im1t:n Mann Brown Clayton Mayor Tayler {}~~~~~ ~ ~~?-7o-oc_) ~ ~~~ ftt .d,,J~-~__;_ ~ ~~_/ c-~ ~~ . JJ~ H-= ~~.~~~ - -~~u-~(_~, • • • , n • • • Rl i ~ I AU Moved Seconded A e Na Abstain Absent Wil 1 i ams ~Cltl"I\,. ~ 'b 'SY Sa . ~ ( "<.:C l~i -«-{ Q fov\.., <CF I': cc ~ 2 7 0 So ~a. /J /1 c...>c. ~ 9---r ~J_ &wH .l ~~~ _£.,z_ ~ ;t.e-~ frJt~, ~~ --~ ~0- ~~ -0?~ ~:; • • r~Mf~,2-~ - ~c-f D --, 1fi~ i) ,p)fi-,C~ ~ (!,L ~ i:J~ ~~~J~JL~ ~ ~ ~ c---~~-r-- }) ~~ ~ "1 ~ ~~ • • I . • • • • ROLL CALL Moved Seconded A e Na Abstain Absent or . '- ~~~J)~~E ~~7-~- {!_/7/;: • • I . . • - • • ROLL CALL Na Abstain • • I • • • • • • - ROLL CALL M d S d d ove econ e Ave -Nav Abstain Absent -Williams y Sovern /L--~ :im1th f7/ Mann /- Brown /< / - '~ Clayton ";if / Mayor Tavlor V 41fl~ ~ ~/~-zL c----0 ~ ~~~ • • I . . • • • ROLL CALL A N Ab t i Abs t Moved Seconded 1ye ay s a n en ~ Wi 11 iams V Sovern :>m1sn I/' ,_Mann I.;' ~ Brown v" L1ayton _,,.t,../ Mayor 1aylcr (,/ I • • • • - • • - • I . • • • • - • • ROLL CALL M d S d ove econ ed Ave Nav Abstain Absent Wi 11 iams Sovern Smlth Man n Brown c1ayton Mayor Taylor • I • • • • - • • • • . ~ o~/f::iP Moved Seconded ROLL CAL\ Abstain Absent • ,p/~~~ ~~ 3/c~£. //~~ 2~--~?-e~~' ~7r~~~ • I . • • -• • ROLL CAL~ M d S ove d d econ e A ,ve N av Ab sta n Ab sent Wi 11 iams r · Sovern .......___ .___.--- v---Sm1th I L---Mann I t:1rown I c1avton '-Mayor Tayler " • • I . • • • • • - ROLL CALL M d S ove d d econ e A we N av Ab stain Ab sent Williams Sovern Smith Mann Brown Clayton -Mayor laylor • • I • • • •