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HomeMy WebLinkAbout1968-07-17 PZC MINUTESI I I Page 1069 VI. FLOYD AVENUE AGREEMENT Mrs. Romans reported that Mr. Arthur Davis, Jr. has resigned as presiqent of New Englewood, and that a Mr. Davey is now in that position. Because of this change, there has been no further action on the landscaping of .the park•ay to this date. VII. OLIVER KINGSLEY SUBDIVISION W. Harvard -S. Tejon Street - - - - - - --- CASE #8-68B Mrs. Romans stated that attorneys on this suit have been in touch with the Planning Depart- ment. The attorney representing Mr. Gibbons, who bought the property Mr. Kingsley sold to Mr. Potts, and the attorney representing the title company, have discussed the .matter with Mrs. Romans. She pointed out that the City needs a 30 ft. dedication on West Baker, and has mentioned this fact to the attorneys. She asked what the feelings of the Commission would be if a waiver was applied for and the 30 ft. dedication was accomplished; would they still feel that the suit should be pressed, or would this be satisfactory to them? Mr. Lone .asked if this were the same property that was named in a suit against Mr. Kingsley in which he was requested to clean up the property? Mr. Criswell stated that the court case names several items, these two among them, but that they do not involve the same property. Mr. Criswell stated that he felt Mr. Kingsley could comply .with the Subdivision Regulations as they re- late to this property by filing a plat, or obtaining a waiver to the Regulations and that the City could not refuse to act on this one matter until he cleaned up property at another location. VIII. FIRST NATIONAL BANK Height Exception CASE #25-68 Mrs. Romans ptated that the Chief Building Inspector has referred the matter of the height exception for the First National Bank's proposed construction to the Planning Commission. The plans were displayed; the building is located partially within the B-2 Zone District, and partially withi n the I-1 Zone District. Discussion followed. It was suggested that perhaps the Zoning Ord in ance should be amended to · include provisions to exceed the maximum permitted height in the R-3-A, R-3-B, B-1, B-2 Zone Districts, and increase the permitted gross floor area in the I-1 and I-2 Zone Districts; all provisions should read alike. Touchton moved: Lone seconded: The Zoning Ordinance be amended to provide for height exceptions when approved by the Planning Commission and Council in the R-3-A, R-3-B, B-1, B~2 Zone Districts, and to increase the gross floor area in the I-1 and I-2 Zone Districts. Public Hearing on said amendment to be held on July 31, 1968 . The motion carried unanimously. - --- - - ----~ - - It was moved, seconded, and carried that the meeting adjourn. Meeting was declared adjourned at 11:35 P.M. Gertrude G. Welty Re cor ding Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZO NING COMMISSION JULY 17, 1968 The regular meeting of the City Planning and Zoning Commission .was called to order by Chairman Woods at 7:20 P.M . Members -present: Carlson; Lentsch; Touchton; Woods Romans, Ex-officio Members absent: Lone; Parkinson II. APPROVAL OF MINUTES. Chairman Woods stated the Minutes of July 10, 1968 were to be considered for approval. Lentsch moved: Touchton seconded: The minutes of July 10, 1968, be approved as written. The motion carried unanimously. Mr. Parkinson entered and took his place with the Commission. III. DR. FLOYD BRALLIAR 2800 Block S. Emerson SUBDIVISION Waiver CASE #26-68 Mrs. Romans reviewed Dr. Bralliar's request of last year to have the portion of the 2800 block of South Emerson which lies south of the ditch vacated. The Commission recommended Page 1070 this vacation; however, the City Council did not feel the vacation should be approved, but rather granted Dr. Bralliar an encroachment agreement to use this portion ct the street as an extension of his yard. Dr. Bralliar has now .requested a building permit to erect a house on the north end of this property. Because the property is not platted, it is the opinion of the Chief Building Inspector that to obtain a bu.ilding permit, the property must be sub- divided or a subdivision waiver obtained from the Planning Commission as provided in §21.3-4(b) of the Municipal Code. The following letter has been submitted by Dr. Bralliar requesti.ng a waiver from the subdivision regulations. 11 2828 S. Emerson Englewood, Colorado July 16, 1968 R. G. Woods, Jr., Chairman Englewood Planning Commission Englewood, Colorado Dear Mr. Woods: You may recall that late last year I requested the City of Englewood to vacate a portion of South Emerson Street north of East Bates Avenue in order that I might build a home on a rather large parcel of unplatted ground which I own on the east side of South Emerson Street in the 2800 block. The City Council did not vacate the right-of-way as I had re- quested, but they did enter into an encroachment agreement with me and I plan to landscape that area as part of my yard as I had originally discussed with you. I am now in a position to start the construction of my home on this site, and find that it is first necessary for me to r~quest the Planning Commission to pass a resolution waiving the necessity of the preparation, approval, and filing of a subdivision plat as required in §21.3-3 and pursuant to the provisions of Section 21.3-4(b). The parcel will be devel~ped for the use of one residence located toward the north end as shown on the accompanying plans. Access to the property will be provided from South Emerson Street off of East Amherst Avenue, and all of the utilities are available. I have no plans to divide this .parcel and I am of the opinion that no substantial benefit would be gained by the City or by the public from requiring a subdivision plat to be filed. I do, therefore, request the City Planning and Zoning Commission to waive the necessity for subdivision of this parcel. gw" /s / Dr. Floyd Bralliar DR. FLOYD BRALLIAR Mrs. Romans pointed out that all utilities are in and access is available; she does not, therefore, feel the City would gain anything by subdividing the property. She suggested that perhaps the waiver, if approved, would be subject to the restriction that no portion of the property could be sold or no permit be obtained for additional dwelling units on the property unless a plat were filed. Discussion followed. Mr. Parkinson asked if it was felt that any further restrictions should be placed on the property? Mr. Carlson stated that he thought the sale of any portion of the land should very definitely be restricted. Parkinson moved: Lentsch seconded: Inasmuch as Dr. Floyd Bralliar has made application for Subdivision Waiver on the property at the northeast corner of South Emerson and East Bates Avenue, and there would not seem to be any benefit gained by the City were a subdivision plat to be filed, the Planning Commission grant approval to Resolution #3, Series of 1968, granting a waiver from the Subdivision Regulations to Dr. Floyd Bralliar, subject to the following conditions: 1) prior to the issuance of any additional building permit for any separate structure other than those shown on the plans revised 11 March, 1968 and revised 17 March, 1968, a subdivision plat must be submitted for approva, or another waiver granted; 2) prior to the sale, lease, or division of any part of the subject property, Dr. Bralliar must submit a subdivision plat for approval, or obtain approval of another waiver. The motion carried unanimously. ------ --- --- - - - - - --- - IV. CAPITAL IMPROVEMENT PROGRAM -1969 -1975 The Capital Improvements program was discussed. An additional memorandum from City Manage:' Dial, dated July 17, 1968, was given members for their consideration. Mr. Carlson noted the memorandum set forth that there would be approximately $340,000 available for the pro- gram, of which $50,oqo will go to the Parks Department. Mr. Woods pointed out that Mr. Dfu 1 has asked that the monetary factor not be considered in the Commission's recommendation -- only the priority factor. Mr. Carlson stated he didn't feel that a recommendation could be made for 1969 without some consideration of the financial situation· he stated that he would put the Police and Emergency Operating Center, paving districts, ae~ial apparatus housing . and conversion of Police Station to Fire Station as the matters to receive consideration in 1969. Discussion followed. Mr. Parkinson stated he also considered the Police Department as the No. 1 priority; storm s~w~rs was se~ond; sidewalk and paving programs were third and fourth; the Broadway traffic divider was fifth; _and aerial apparatus housing was sixth, with the two additional pumpers requested by the Fire Department as seventh. Further discussion followed. I I I I I I Page 1071 Parkinson moved: Touchton seconded: The matter be tabled for further . consideration. The motion carried unanimously. V. DENVER REGIONAL COUNCIL OF GOVERNMENTS. J. K. Smith, Executive Director Mr. Lone entered and took his place with the Commission. Mayor Schwab, Councilman Dhority, Chamber Manager Peterson, John. Jameson, Editor of the Englewood Herald, and Denver Regional Council of Governments representatives Smith and Rall were in attendance for this discussion. Mr. Woods introduced members of the City Council, Commission and guests. Mr. Woods referred to a speech made by Mr. Jameson in 1964 on metropolitan cooperation, and asked Mr. Jameson to review this speech. Mr. Jameson stated this speech was made before the Metropolitan Affairs Committee, Governor's Committee of 100 on Local Government in 1964. He stated that he felt there was a form of metropolitan government at that time by the cooperation between the various municipalities, but no one realized .it. He discussed the Urban County system which was proposed, and stated that he feels the Council of Governments makes more sense than the other proposals of Metro government. He stated it has been tried, and it does work. He feels it is better for two reasons: 1) this system makes use of governments already in existence; 2) it keeps everything at a local government level --he noted that if an Englewood citizen wishes to speak to the Mayor, he may do so with considerable ease, whereas to try to do so in a city the size of Denver even, one must make numerous efforts. He felt these were two outstanding advantages of the Council of Governments. Mr. Jameson cited cooperation in the police, fire and library functions of the municipalities, and he felt there was need for a central organization. Mr. Woods thanked Mr. Jameson for this report, and asked Mr. Smith, Executive Director of the Denver Regional Council of Governments, to discuss the budget and programs of the Council. Mr. Smith stated that the Council was a very complex organization and was, therefore, difficult to explain. He stated they were attempting to provide a framework that will not become "cluttered" when legislative recognition is given to the Council of Governments. Mr. Smith discussed the proposed 1969 budget for the Council. He stated that during the drafting of the 1969 budget and work program, new planning requirements for metropolitan planning agencies were received. These requirements are not included in the work program as has been presented, nor does the work program include other activities that have been under discussion, such as law enforcement and man power studies. Mr. Smith noted that the bulk of budget funds come from HUD. Mr. Smith stated that approval of grants may take from one month to one year or longer. He stated that at the present time, the Council of Governments has three grant-in- aid programs that are running in over-lapping programs; by this over-lapping process, it is hoped that the Council will not be out of Federal ,funds at any time. He discussed the general fund budget, which is for staff participation in the programs. The assessments which the counties and municipalities pay were discussed. Mr. Smith stated that in 1968, the City of Englewood will pay $3457.90 in assessment, and in 1969, the City can expect to be assessed $3,518 on the general fund budget. Special assessment on studies are not included in this. Mayor Schwab stated that it was his understanding that any grants that the City might apply for must be reviewed by the Council of Governments. He asked if his understanding was correct. Mr. Smith replied that there are 36 grant-in-aid programs, 34 of which the City of Englewood might be interested in that the Council of Governments must review. Mr. Smith stated that the 1968 Housing Act contained two points of interest: 1) it contains an amend- ment to remove the review procedure from requirements of the housing act; and 2) the initial appropriation was $55,000,000 which was cut to $38,000,000. The House is attempting to have the original appropriation of $55,000,000 reinstated. Mr. Smith stated that this might have an affect on the Council of Governments program. Mr. Lone mentioned the Metropolitan Sewer Study, and asked if the City were paying for a portion of that study, and asked what benefit the City would obtain from such study? Mr. Smith stated that the Federal Regulations specify that there shall be an area wide sewer plan prior to the application for a~d approval of funds. He pointed out that all elements must be completed on an area wide basis, or federal funds cannot be obtained for any of them. There is a restriction in the program that stated that after July 1, 1968, no further funds for any program may be obtained until area wide plans are completed on all programs. He stated that a bill is being considered tQ extend this time restriction to October or November of 1969. Mr. Smith then discussed programs available to rural areas under the Department of Agriculture. Again, to obtain funds, there must be a plan for every county in the state. He pointed out that there are three municipal areas designated in Colorado --Denver, Pikes Peak area, and Pueblo. Mr. Parkinson asked about the cooperation of the cities in the metro area, and asked what percentage must be represented? Mr. Smith replied that membership of agencies must represent 90% of the total population. He stated that in 1968 the towns of Bow-Mar and Longmont were the only two that didn't participate. Mayor Schwab stated he understood the various studies would enable an organized rather than a "hodge podge" development. He asked Mr. Smith if general participation was expected in 1969? Mr. Smith stated that the Federal Government felt that an organized development made sense, and replied that he did expect general participation in 1969. Mr. Lentsch asked if these plans and reports which the Council is working on and has completed will be outdated within three years? Mr. Smith replied that they would not be; they will be monitored and kept up to date. Mr. Peterson asked why the mill levy was being considered? Mr. Smith replied that some of the municipalities felt they were being subjected to double taxation, in that the county paid and the city itself paid. He stated this was only a proposal. Further discussion on federal aid programs ensued. Page 1072 Mr. Woods expressed the appreciation of the Commission to Mr. Smith and Mr. Rall for their taking of their time to discuss the matter. A recess was called. The meeting was called to order at 9:50 P.M. Mr. Woods asked if there were any further business to come before the Commission? Lone moved: Lentsch and Carlson seconded: The meetjng be adjourned. The motion carried unanimously. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JULY 24, 1968 Members present: Carlson; Lone; Parkinson; Touchton Romans, Ex-officio City Attorney Criswell Members absent: Lentsch; Woods Parkinson moved: Lone seconded: Mr. Carlson be elected temporary chairman for the evening. The motion carried, and Mr. Carlson assumed the Chair. The meeting was called to order at 8:25 P.M. by Mr. Carlson. II. APPROVAL OF MINUTES. No action was taken on the minutes of July 17, 1968, inasmuch as they have not been returned from the printer. III. EASEMENT VACATION Mr. Wm. Malone CASE #5-68D(2) Mrs. Romans stated that on April 3, 1968, the Planning Commission recommended the vacation of the following two alleys, with the retainment of easements for utilities: 1. That certain alley or street, approximately 16 feet, more or less, in width, lying approxi- mately 133 feet North of the intersection of the westerly line of South Jason Street and the northerly line of West Hampden Avenue and between the said westerly line of South Jason Street (as extended) and the easterly right of way line of the Atchison, Topeka and Santa Fe Railway Company right of way. 2. That certain alley or street, approximately 16 feet, more o~ less, in width, lying be- tween the northerly right of way line of West Hampden Avenue and the southerly boundary line of the alley or street described in the preceding paragraph, the easterly boundary line of which alley or street lies approximately 225 feet westerly of the westerly boundary line of South Jason Street. The City Council subsequently passed Ordinances, No. 18 and 19, Series of 1968, vacating these alleys, and retaining an easement for utilities. Mr. Malone has contacted the Planning Department on behalf of his client, and has requested the vacation of easements retained in the alley described in Paragraph No. 2 above. Mr. Malone's client has a contract to purchase land on both sides of this easement, subject to its vacation. Mrs. Romans stated she has checked with the Utility companies and departments, and there are no utilities existing in this easement, and there is no objection on their part to the vacation. Discussion followed. Mr. Parkinson asked whether or not this parcel would have to be subdivided before a building p ermit could be issued? Mr. Criswell stated that if it was .a part of an approved subdivision, it would not require the filing of a plat; if, however, it were not .part of an approved sub- division, then a plat would have to be filed or a waiver applied for. Further discussion en- sued. Lone moved: Touchton seconded: The Planning Commission recommend to City Council the easement retained In Ordinance #18, Series of 1968, be vacated. The motion carried unanimously. -- -- - - --- - --- -----.- I I I