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HomeMy WebLinkAbout1969-09-30 PZC MINUTESI I I Page 1197 MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 16, 1969 SUBJECT: Location of Columbine Freeway COMMISSION ACTION: Mr. Lone moved: Touchton seconded: The following resolution be approved by the City Planning and Zoning Commission and referred to the City Council: RESOLUTION WHEREAS, for some months the Planning Commission has carried on an extensive investigation and review of the matter of the alignment of the proposed Columbine Freeway (Englewood Express- way), and WHEREAS, to this end, this Commission has reviewed the Meurer, Serafini and Meurer report thereupon; has reviewed the Gingery report thereupon; has conferred with representatives of the State Highway Department and representatives of Von Frellick Associates, Inc.; has attended conferences and panel discussions thereupon and has solicited the views of surrounding governmenta 1 entities, .and WHEREAS , as noted in this Commission's report to Council of August 14, 1969, it was the in- tent of this Commission to have met with the Transportation Committee of the Englewood Chamber of Commerce, which has also carried on extensive studies of the problem, prior to rendering its recommendation thereon; and WHEREAS, the Transportation Committee of the Englewood Chamber of Commerce has, on September 12, 1969, made its recommendation to the Englewood Chamber of Commerce wherein it recommended that: "The State Highway Department be requested to: 1. Improve Santa Fe Drive by increasing it to a six lane arterial with a center turn lane, for the prime purpose of serving local area traffic, and 2. Construct the· Englewood Freeway (Columbine Freeway) on the recommended western alignment absolutely as soon as possible." WHEREAS, these steps solve not only the immediate, but the long-range, future traffic needs of the area, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Englewood, whose responsibility as set forth in the City Charter is to recommend to the City Council of the City of Englewood a comprehensive plan for the physical development of the City of Englewood, supports and endorses the recommendation of the Englewood Chamber of Commerce Transportation Committee, and BE IT FURTHER RESOLVED that the City Planning and Zoning Commission recommends to the Engle- wood City Council that inasmuch as the aforementioned two-step recommendation of the Chamber of Commerce Transportation Committee coincides with .the findings of the Commission, that it be the official position of the City of Englewood in the matte~ of the alignment of the Columbine Freeway." AYES: Carlsonl;:Lone; Touchton; Woods NAYS: Lentsch ABSENT: Parkinson The motion carried. By Order of the City Planning and Zoning Commission. Gertrude G. Welty RECORDING SECRETARY * * * * * * * * * * * * * * * * * * * * * * * * * * *' * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION SPECIAL SESSION September 30, 1969 The special meeting of the City Planning and Zoning Commission was called to order by Chairman Woods at 8:00 P.M. The members present acknowledged receiving notice of the meeting and the items to be dis- cussed on the agenda. Members present: Carlson; Lentsch; Touchton; Woods Romans, Ex-officio Members absent: Lone; Parkinson Also present: Messrs. Burt, Armstrong, Anderson Page 1198 II. MR. NATE BURT 5200 S. Broadway SUBDIVISION WAIVER CASE #40-69 Mr. Woods stated that Mr. Burt's request for subdivision waiver encompasses property east of Broadway, south of Dry Creek, and north of GEM parking lot. Mr. Woods asked Mr. Burt to present his case. Mr. Burt stated that Mr. Nicholl had prepared a survey of the property in question, and in- dicated on a copy of the map the location of the proposed dual-theater and the restaurants. The theater is proposed to be on the south end of the property must north of the GEM parking lot while the Pizza Hut and Taco Kid Restaurants are proposed to be on the northern portion ' of the property. Mr. Burt discussed drainage provisions that have been installed with the approval of the State Highway Department, and stated that he has discussed the matter with Public Works Director Waggoner also. With the ]ermission of the Highway Department, a curb and gutter have been installed along the west property line to the bridge at Broadway. Mr. Burt then discussed the theater that is proposed; he stated that it will be in one structure, but will have two "rooms", one of which will be for children's movies and the other for adult audiences. The parking for both these uses will be in the center of the subject property. Mr. Burt discussed the drainage in the parking lot also, stating that there is a "low spot" that will drain to the east-northeast and west-northwest. Mr. Burt stated that access to these uses will be from the west, and there will be curb cuts for access at the north end for the restaurant and at the south end for the theater. Mr. Carlson asked if there would be left-turning movement at these curb cuts? Mr. Burt replied that there would be left-turn lanes, which the state has approved for the north cut, and there is now a left turn lane at the south end of the property. Mr. Burt stated that the theater is owned by Highland Theaters, and that Mr. Carlin Smith of Cheyenne National Bank is president of this chain. Mr. Burt stated that it is a sub- stantial business with a net worth of $1,000,000 and that they operate other theaters throughout the area, notably the Denver Theater in downtown Denver, plus two or three drive- in theaters in the Denver area. Mr. Lentsch asked about the seating capacity of the theaters. Mr. Burt replied that there would be 800 total capacity. Mr. Lentsch then asked about parking spaces. Mr. Burt stated that he did not know the exact number at this time, but that there would be more than enough to meet the requirements of the City Zoning Ordinance. He pointed out that there will be almost two acres of land, with most of it devoted to parking. Mrs. Romans stated that she had written letters to Public Service Company, Mr. Shepherd of the State Highway Department, Director of Utilities Carroll, and to Public Works Director Waggoner asking that the City be notified if they had any objections to the proposed waiver, or if there were any conditions which they wanted placed on the waiver, were it to be gran1B d. Mr. Carroll had replied that there was nq objection from his Department, and that water ser- vice would be extended 800 ft. from the north over Dry Creek bridge, and sewer service would be provided through South Englewood Sanitation District. Mr. Waggoner had replied that he did not object to the waiver for the property, but did question the drainage of the area. Mr. Lone entered and took his place with the Commission. Mrs. Romans stated that she then wrote a memorandum to Mr. Waggoner suggesting that he and Mr. Burt discuss the matter of drainage and in verbal conversation it was noted that the drainage from the area where the theater will be located will be across and around the lo- cation of the restaurants. Mr. Waggoner stated that he is of the opinion that this can be handled at the time the building permits for the theater and restaurants are issued, and does not feel any conditions need to be placed on the waiver. Mr. Waggoner told the Planning Director that he has talked to Mr. Burt and to the Highway Department and that he has no objection to the waiver. Further discussion followed. Mr. Carlson moved: Mr. Lentsch seconded: Brief discussion followed. The Subdivision Waiver requested by Mr. Burt, (Resolution #5, 1969) for the following property be approved and recorded: That part of the NE 1 /4 of Section 15, T. 5 S., R 68 W of the 6th Principal Meridian described as follows: Commencing at the SW corner of the NE 1 /4 of said Section 15, Thence N 89 °49' E 50.0 feet, Thence North 870.0 feet to the true point of beginning, Thence North 304.0 feet, Thence S 75 °00'00" E 217.43 feet, Thence S 31 °19 1 56 11 E 247.56 feet, Thence along the arc of a curve to the left for a distance of 40.88 feet, the radius of said curve being 600 feet and the delta of said curve being 3 °54 1 14 11 Thence S 89 °40' W 361.10 feet to the point of. beginning. Upon the call of the roll, the motion carried unanimously. III. MRS. L. M. BOWEN 201 West Chenango SUBDIVISION WAIVER CASE #41-69 Mrs. Romans stated that Mrs. Bowen owns property in the 4800 block of South Bannock Street at West Chenango Avenue, and that Mrs. Bowen's home is on the south portion of the property. The property is some 300 ft. deep along South Bannock, and Mrs. Bowen is requesting permission to sell off the north 150 ft. Mrs. Romans noted that the· property is located across from the Baptist Church which is on the east side of South Bannock Street; the .Layto·n Arms apartmenm ~re.to the northe~st; the Reems Nursing Home is on the north; and Sinclair Junior High School is .in the ~outh.side of West Che~ango A~enue~ The property is zoned R-4 '(Residential-Professional) which permits single and two family residential uses, in addition to other. limited uses. Mr. Armst~o~g and Mr. Ander~on who have an interest in the north 150 feet, would like to further divide that parcel into two 75 ft. parcels, and are going before the Board of Adjust- ment and Appeals.on October 8, 1969, to gain approval to construct one triplex on each of the 75 ft. lots. This would total the same number of units as could be built on three 50 ft lots, but would give more open space between the • units and wider side yard setbacks. Mrs. I I I I I I Page 1199 Romans pointed out that the abutting streets are in and paved, Bannock having been just recently paved in the last paving district; the utilities are available, and there would appear to be nothing gained by the City if a subdivision plat were to be required. Dis- cussion followed. Mr. Armstrong stated that he and Mr. Anderson are interested in the north portion of the land and that they would like to get permission for Mrs. Bowen to sell the north 150 ft. of the land to them, and then get permission to divide that 150 ft. into two 75 ft. parcels, each of which will accommodate a triplex under their proposed plan. Mr. Armstrong noted that garages will be provided for the units, and that there will be no heavier density than would be permitted in the R-4 District. Mr. Anderson displayed a drawing of the proposal; the tri- plexes would front each other across a landscaped open space, there would be garages for each unit just off of Bannock Street ; and a wall along the Bannock Street side will give tre oc c upants of the units some privacy in the "court". Mr. Armstrong stated that the triplexes might or might not be sold to one buyer, and that the wall along Bannock Street might or might not be connected, depending upon the sale. Mr. Armstrong ~ointed out there will be 36 ft. between the buildings under their proposed plan. Mrs. Romans noted that two separate applications have been filed; ane by Mrs. Bowen for permission to sell the north 150 ft. of the land, and the second by Mr. Armstrong for per- mission to divide the north 150 ft. into two 75 ft. parcels. Discussion followed. Touchton moved: Lentsch seconded: The Planning Commission approve Resolution #7, Series of 1969, wherein the requirements of Section 21.3-3 of the Subdivision Regulations be waived as provided in Section 21.3-4(b), for the following three parcels: (1) That part of the South 1 /2 of the North 1 /2 of the SW 1 /4 of Section 10, Township 5 South, Range 68 West of the 6th P.M. described as follows: Beginning at a point 652 feet west of the northwest corner of the intersection of South Broadway and West Chenango Avenue; thence west 145 feet; thence north 152.6 feet; thence east 145 feet; thence south 152.6 feet to the point of beginning. PARCEL 2077 10 3 00 005A: That part of the South 1 /2 of the North 1 /2 of the SW 1 /4 of Section 10, Township 5 South, Range .68 West of the 6th P. M. described as follows: Beginning at a point 652 feet west and 152.6 feet north of the Northwest corner of South Broadway and West Chenango Avenue; thence West 145 feet; thence North 76.3 feet; thence East 145 feet; thence South 76.3 feet to the point of beginning. PARCEL 2077 10 3 00 005B: That part of the South 1 /2 of the North 1 /2 of the SW 1 /4 of Section 10, Township 5 South, Range 68 West of the 6th P.M. described as follows: Beginning at a point 652 feet west and 228.9 feet north of the Northwest corner of South Broadway and West Chenango Avenue; thence west 145 feet; thence north 76.3 feet; thence east 145 feet; thence south 76.3 feet to the point of beginning. The Resolution is to be recorded with the County Clerk and Recorder at the applicant's expense. This waiver is granted for this parcel because of its location and relationship to presently existing streets, utility rights-of-way and other neighboring development , and no substantial benefits are to be gained by the City or public from requiring a subdivision plat to be prepared, approved and filed therefor. The motion carried unanimously. Further brief discussion followed. IV. APPEAL OF COURT DECISION City of Englewood vs. Kingsley City Attorney Criswell, who had entered the meeting during the above discussion, stated that approximately one year ago, the City Planning Commission had recommended that legal action be instituted against Mr. Oliver Kingsley for improper division and sale of land in the 1900 block of West Harvard Avenue without having first complied with the provisions of the Subdivision Regulations. The City Council concurred with the Planning Commission recom- mendation, and action was started against Mr. Kingsley to have this conveyance declared void. The Arapahoe District Court has ruled that the portion of the Subdivision Regulations, both the former regulations and the present regulations, which states that land may not be con- veyed without benefit of subdivision or waiver, is invalid. The Court decision also stated that nothing in that judgement would effect the validity of the remainder of the Subdivision Regulations. The Court did not say that the City may not deny building permits upon property that is not a part of a subdivision or for which a waiver has not been obtained; nor did the Court Decision say that the City may not prosecute the person in Municipal Court. Mr. Criswell stated that he is of mixed feelings on the question of appeal; however, inasmuch as the old Subdivision Regulations were in effect when Mr. Kingsley first sold the property, that the decision is technically based on the former ordinance. Mr. Criswell stated that he would rather appeal a case based on the present Subdivision Regulations, were he going to make an appeal. For another reason, he does not feel the Court decision hurts the enforcement of the regulations, in that there is nothing that states the building permits may not be withheld on the parcel sold until there is compliance with the Subdivision Regulations. Discussion followed. Lone moved: Touchton seconded: The Planning Commission recommend to City Council that no appeal be taken from the decision of the Arapa hoe County District Court in the case of the City of Englewood vs. Oliver Kingsley and Joey Potts relative to the sale of a portion of a parcel of land· in the 1900 block on West Harvard Avenue. The motion carried unanimously. Page 1200 Mr. Carlson asked if it would be possible in the future for the City Council in asking for a recommendation from the Commission, to also specify a date by which the Council expected a reply . The Commission agreed this would be a proper procedure for Council to follow. The meeting adjourned at 8:45 P.M. Gert r ude G. Welty Recording Secretary . . MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 30, 1969 SUBJECT: Arapahoe County iDistrict Cour.t Decision RECOMMENDATION: Lone moved: Touchton seconded: The Planning Commission recommend to City Council that no appeal be taken from the decision of the Arapahoe County District Court in the case of the City of Englewood vs. Oliver Kingsley and Joey Potts relative to the sale of a portion of a parcel of land in the 1900 block oa West Harvard Avenue. The motion carried unanimously, By Order of the City Planning and Zoning Commission. Gertrude G. Welty Recording Secretary * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 11, 1969 The special meeting of the City Planning and Zoning Commission was called to order at 8:00 A.M., Chairman Woods presiding. Members present: Woods; Carlson ; Touchton; Lone; Parkinson Romans, Ex-officio Members absent: Lentsch II. COMMISSION BUSINESS. Mr. Lone asked to bring a matter before the Commission which he felt should be given considera- tion. Mr. Lone indicated that he is concerned that there should possibly be closer coordina- tion between the Building Department and the Planning Department specifically relating to building permits which are issued subject to compliance with the Comprehensive Zoning Ordinance. As an example, Mr. Lone cited sketch plans which were recently presented to the Building De- partment for an addition of a second floor to the Medical Clinic at 3515 South Delaware Street. The parking for the remodeled building is shown to be on land which was previously approved as part of the required parking for a multi-family unit planned to be constructed on property adjoining the Medical Clinic on the south. In the case referred to, a Resolution was passed by the City Council in July of 1968 approving the plans for the construction of a 13 story apartme nt house which would exceed the maximum permitted height in the R-3-B Zone District. Mr. Lo n e p ointed out that it was apparently only b y chance that the plans for the addition to the Medical Clinic had been referred to the Planning Department by the Acting Chief Building Inspector. Had they not been, and had tpe permit for the addition and the parking lot been issued without calling to the attention of the applicant that it would not be possible to use the same parking area for both the Medical Clinic and the apartment house, Mr. Lone felt that a mi sunderstanding could have arisen when a permit was sought for the apartment house at a la t er date. Mr. Lone explained that in Denver , the Building Permits are not issued until all of the conce r ned City Departments have reviewed and approved the application for permit, a n d indicated that he felt that the City of Englewood ought to consider referring the applica- t io n s for building permits to the Planning Department to be checked for compliance with the Comprehensive Zoni n g Ordinance, as well as to the Departments that now review them. There would then be coordination between the Departments in the case of any variations t .o the Com- prehensive Zoning Ordinance which might have been approved by the Commission or by the City Council. Discussion followed. · I I I