HomeMy WebLinkAbout1970-02-17 PZC MINUTESI
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I. CALL TO ORDER.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR SESSION
FEBRUARY 17, 1970
Page 1225
The regular meeting of the City Planning and Zoning Commission was called to order by
Chairman Carlson at 8:25 P.M.
Members present:
Members absent:
Also present:
Woods, Senti, Lentsch·, Carlson
Romans, Ex-officio
Walsh, Lone
Councilmen Schwab , Dhority, Lay, Brown; City Manager Dial; Mr. J. ~. Smith,
Executive Director of Council of Governments; Mr. J. Miles, State Planning
Director; Messrs. Herlinger and .Maldonado, Fair Housing Center; Mr. G.
Mason, Englewood Human Relations Council; and Mrs. Hildred Garrison,
League of Women Voters.
Introductions were made, and Chairman Carlson welcomed our guests to the meeting.
II. APPROVAL OF MINUTES.
Mr. Carlson stated that Minutes of February 3, 1970, were to be considered for approval.
Woods moved:
Lentsch seconded: The Minutes of February 3, 1970, be approved as written.
The motion carried unanimously.
III .. METRO FAIR HOUSING.
Mr. Carlson asked Mr. Dial for an opening statement for this discussion.
Mr. Dial stated that discussion of the Metro Fair Housing program had first begun several
months . ago, when a letter was received from Mr. Lapp. This letter requested consideration
of a resolution, which resolution would approve rent supplement housing in Englewood. Mr.
Shed Devers of Metro Denver Fair Housing, then spoke to the Urban Mayor's meeting, at which
meeting several representatives of Englewood were in attendance, and they were able to get
more information on ·the program .. The possibility of a meeting of the Council and Commission
with representatives of the Fair Housing was considered, and has culminated in the meeting
this . evening. Mr. Dial then turned discussion of the programs to Mr. Herlinger.
Mr. Herlinger stated that they appreciated the opportunity to discuss their programs with
the City of Englewood. Mr. Herlinger stated that Mr. Maldonado is the field representative
for Arapahoe County. Mr . Herlinger stated that the Resolution previously mentioned stems
from the 1964 Housing Act, which basically requires that housing units for rent supplement
cannot be built in a given area unless the political entity has approved the Resolution.
Adoption of the Resolution indicates permission by the local entity for construction of low-
income housing. Mr. Herlinger stated that in the Rent Supplement Program, low-income families
pay no more than 25% of their income for housing, and the difference between what they pay
and the market value is paid by the Government. He discussed the program undertaken by the
Archdiocese of Denver; they are committed to 300 units for rent supplement housing. They
have sites in Denver, and are attempting to secure sites in Boulder and Jefferson County.
They also have sites in Adams County. Mr. Herlinger stated the adoption of the Resolution
does not necessarily mean that there will be several units built in the municipality which
approves the Resolution, but it does mean that a non-profit group can build the units in
the municipality should they desire to do so. He emphasized that the non-profit developers
must adhere to the local zoning and building codes. Mr. Herlinger stated that HUD must ap-
prove a Workable Program for a community before funds may be obtained from the Federal Govern-
ment.
Mr. Herlinger stated that there are no plans now for construction of low-income housing in
Englewood; however, the Archdiocese must locate four or five additional sites to meet their
commitment of 300 units. Mr. Herlinger pointed out that the adoption of the Resolution will
not apply to only one project.
Mr. Schwab asked if there were limitations on rent subsidy. Mr. Herlinger stated there
were general income limitations which differed in each of the five counties in the Denver
metro area. In Arapahoe County, a family of five may make a maximum of $5940, and be
classified in the low-income bracket. A family of three may make $5200, and a family of
ten may make $7560 and still be eligible for rent supplement. These families will pay no
more than 1 /4 of their income toward rent; the government will pay the difference between
the payment of the renter, and the market value. Mr. Herlinger stated that under the Arch-
diocesan program, a five-bedroom apartment will rent for approximately $89 per month with
rent supplement; the market value is approximately $212 per month.
Mr. Dhority stated that in the previous discussion, there has been mention of "non-profit"
and "limited profit" corporations. He asked what a limited profit organization was? Mr.
Herlinger stated that a limited profit organization can make no more than 6 % on their in-
vestment per month. Mr. Herlinger stated there were also ways for private property owners
to become involved; the units are built by private enterprise. Mr. Herlinger stated that
the profit margin isn't great, but cited 400 units built last year by Premac.
Mr. Dial asked if the Council approved the Resolution, and there was a need for low-income
housing in any part of town, whether it would be possible to implement this program if the
zoning was not proper? Mr. Herlinger stated the zoning must be appropriate, or the area
must go through the procedure for rezoning.
Page 1226
Mr. Herlinger discussed public housing, and stated that houses may be leased from private
owners for up to five years, with a "guaranteed income" to the owner for that length of
time. Mr. Herlinger noted that a family on t~e rent supplement program may increase their
income, and they can purchase the home they have rented from the Housing Authority.
Mr. Dial asked to what extent the adoption of the Resolution would affect mobile homes and
prefab homes? Mr. Herlinger stated that it could affect it indirectly; that the codes would
have to be followed, and on the prefab homes, the building departments would have to give
approval.
City Attorney Berardini entered and took his place at the table.
Mr. Schwab asked Mr. Herlinger if he considered mobile homes low-income housing? Mr. Herlinger
stated that his personal viewpoint was that they were not low-income housing; they might be
"low-cost housing" but that was not necessarily "low-income housing". He pointed out that
"low-income" families didn't live in the mobile homes. Mr. Schwab stated that we have had
quite a few applications for mobile home park approval, and one of their strong arguments
is that it provides low-income housing. Mr. Herlinger discussed the mobile home park matter;
he noted that there is a national housing crisis, and that in the 1969 Housing Act, the FHA
can now insure loans on mobile homes for up to 10 ye~rs. Further discussion followed. Mr.
Schwab asked if the housing development in Sheridan was being done under the auspices of the
Denver Fair Housing? Mr. Herlinger stated that the project in Sheridan is an experimental
program by the American Investment Company; there will be 40 units, of which 20% will be rent
supplement units. It will be of modular construction, with families supposed to be able
to move into the units 18 days after the ground work has been completed. Mr. Herlinger stated
that this project was in no way connected with the Archdiocese projects.
Mr. Brown asked if there was uniformity of rent on these projects. He cited the fact that
the supply does not meet the demand in Englewood, and therefore, it seems that the rents
would be correspondingly higher than they might be in another part of the metro area. He
asked if the rent would be the same in the different locations of the metro area? Mr. Herlinger
stated that the proportion of payment by the tenant remains the same --1 /4 of the salary for
rent. He stated that the qualifications for rent supplement aid. in the five counties are
different and cited the following: for a family of five members, the maximum salary in the
following county would be:
Adams
Jefferson
$5,805.
$6,075.
Arapahoe
Douglas
$5,940.
$5,805.
Denver $7,155.
Mr. Lentsch asked if the government could pay the entire rent in some instances, such as when
a person is disabled? Mr. Herlinger stated that for disability, the person would get a pension,
and 1 /4 of that pension would go toward rent, with the government standing the remainder. Mr.
Lentsch asked if leased housing payments by the tenants would be on the same basis? Mr.
Herlinger stated that the Public Housing Authority would negotiate with the property owner
for the market rate, and if they agreed on $125 per month for instance, the property owner
would get the $125 per month from the Public Housing Authority .. Maintenance would be handled
by the Public Housing Authority. Mr. L~ntsch asked what the difference was between payments
made by the Urbpn Renewal Authority and payments made by the Public Housing Aµthor~ty. Mr.
Herlinger stated that the Urban Renewal Authority makes "relocation payments", but there has
been considerable controversy over this policy, in that a home in the Urban Renewal area may
be worth $8,000; but the displaced residents cannot buy another home for $8,000, and many
of these people are pensioners with limited incomes. Some adjustments have. been made, whereby
payments up to $5,000 over and above the market value may be made, but this still does not
make th.e program functional. If a person is a "tenant" in an Urban Renewal area, they wou]d
receive a "moving" payment up to $200.
Mr. Herlinger pointed out that the rent supplement units pay the regular real estate tax based
on assessment, and are not tax free in any way .. This is not -true with a Public Housing Authority,
which may ma$e payments in lieu of taxes based on gross income from rents.
Further brief discussion followed. Mr. Carlson thanked Mr .. Herlinger and Mr. Maldonado for
their attendance. Discussion of the proposed resolution followed.
Senti moved:
Lentsch seconded: The Planning Commission recommend to City Council that the following
Resolution be adopted:
RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS
IN THE FEDERAL RENT SUPPLEMENT PRCXJRAM
WHEREAS, under the provisions of Section 101 of the Housing and Uxban Development Act of
1965, the Secretary of Housing and Urban Development is authorized to enter into contracts
to make rent supplement payments to certain qualified housing owners on behalf of qualified
low-income families who are elderly, handicapped, displaced, victims of natural disaster, or
occupants of substandard housing; and
WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in
certain localities unless the governing body of the locality has by resolution given approval
for such participation in the Federal Rent Supplement Program;
NOW , THEREFORE, be it resolve.ct by the of the
Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified
housi~g owners of property located in ..
Upon the call of the roll, t~e mo~ion carried unanimously.
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IV. RELATION OF LOCAL PLANNING AGENCIES TO REGIONAL AND STATE PLANNING OFFICES.
Mr. Carlson stated that Mr. J. K. Smith, Executive Director of Denver Regional Council of
Gov~rnments, and Mr. James Miles, State Planning Director, were present to discuss the re-
lation of the Englewood Planning office to the Regional Council f G
Pl · ff. o overnments and the State anning 0 ice. Mr. Carlson asked Mr. Smi"th t k h" · o ma e is presentation.
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Mr. Smith stated that a jurisdiction can expect to get as much out of the Council of Govern-
menvs as they put into it, not from their financiai contributions , but from the parti~ipation
of its members on the various committees. He .stated that there are several communities that
are deeply involved in the programs of the .Council of Gov.ernments, and these communitie.s feel
they are getting something in return. Mr. Smith stated that the Council has not been too
successful because of the lack of participation by the member municipalities, and because
of this lack of success of the Councils of Governments over the nation, he stated that he
could see a gradual transfer ,of power to Federal agencies. Mr. Smith discussed legislation
proposed in the Colorado Legislature, which would provide for the assumption of local powers
by the State. Mr. Smith then briefly discussed the Land Use Commission, which would establish
zoning for the entire State of Colorado. He cited this as another example of the State
feeling they are fa~ enough removed from the local scene to step in. Mr. Smith ,stated that
the local jurisdictions must take the responsibility and participate in the programs of the
Council of Governments, and gi;ve guidance to those Councils, or !.'s o me o ne -else will do it
for us.·"
Mr. Miles stated that .we must face problems of domestic, docial and governmental nature.
These problems exist at all levels. Mr. Miles stated that if the local governments are
to survive, they must work together, and work closely .with the Council of Governments. Mr.
Miles stated that he felt the principal relationship is between Englewood and the Council
of Governments rather than the State at this point. He pointed out that the State Planning
Office operates primarily outside of the metropolitan areas.
Mr. Schwab stated that he didn't feel COG had had sufficient time to really function properly
if it is to be the answer to our problems. Mr. Smith stated that the Denver Regional Counci 1
of Governments was originally formed in 1955, as the Inter-County Regional Planning Commission,
and has been operating as a Council of Governments since 1967. Mr. Schwab commented that
there must be an educational program aimed at everyone involved showing what it can mean to
that municipality.. He commented that he felt the State has been lax in funding for the
Council of Governments, and that if the State assumed these -responsibilities, they might get
more funds.. Mr. Miles commented that the State Planning Office hadn't done too well · on funds
to this point. Further discussion followed. Mr. Smith stated that additional entities are
created rather than give additional power to the entities existing. Mr. Smith mentioned
the special .districts in the metropolitan area, of which there are now 280 in existence;
these include water districts, sewage districts, etc. Mr. Smith stated that he felt the
fragmentation into these special districts results from the concept of "we" and "they" when
reference is to COG. He pointed out that COG is composed of representatives of the various
jurisdictions in the metro area, and that it must be realized COG is "all of us" rather than
"something out there."
Mr. Dial asked if one of the real problems for the Council of Governments wasn't lack of
financing? Mr. Smith stated that it was a proQlem; he stated that .local participation has
been very good, and that the Council has gotten 99% of what it has asked for. He stated
that legislation providing for adequate funding has been proposed, but then it is expected
that the staff of the Council of Governments should sell it to the Assembly, when it should
be the responsibility of the membership of the Council of Governments. Further discussion
followed. Mr. Miles commented that financial problems and lack of authority are some of
the problems of the State Planning Office, and that the State Planning Office is not
structured or financed to take over the responsibilities of the Council of Governments.
Mr. Smith further discussed the Denver Regional Council of Governments, and stated it was
a unique organization, because of the participation asked of the member jurisdictions. He
also discussed the difficulty that has existed in staffing the Council of Governments to
meet the programs they are committed to. Mr. Carlson asked Mr. Smith for an estimate of
Englewood's funds as a participating member since the organization began? Mr. Smith stated
that he would estimate it to .be in the neighborhood of .$25,000, whereas our benefits from
federal aid is close to $1,000,000. Mr. Schwab asked how these funds would have been obtained
if COG had not been in existence? Mr. Smith replied that the funds would not have been ob-
tained, and also pointed out that if any jurisdiction with 25% of the population in the metro
area should decide they do not wish to be a member of the Council of Governments, the Council
is "dead",and the funds from HUD will be .stopped. Mr. Smith stated that the organization
has tremendous potential, and can play a very dynamic role in the metro area if the membership
wishes it to do so. Mr. Schwab asked if the State Planning Commission could qualify to assume
the responsibilities of COG if necessary? Mr. Smith stated that they could not assume the
responsibilities within the metro area. Mr. Miles stated that the State Planning Office
could not qualify either. Further discussion followed. Mr. Smith stated that he has ap-
preciated the participation of the City of Englewood, both financial participation, and the
participation of our staff members. Mr. Smith stated that the land use study published by
the Englewood Planning Office was a · v ·ery fi·ne-piece of wo-rk, and that other Planning Depart-
ments should be doing such studies.
Mr. Carlson expressed the appreciation of the City for the attendance of Mr. Smith and Mr.
Miles and commended Mr. Smith on his new position in the Lake Tahoe region of California
and Nevada.
V. WORKABLE PROGRAM FOR COMMUNITY IMPROVEME NT.
Mr. Carlson reviewed an outline of procedures for the Workable Program. He noted that we
have pretty well accomplished steps to see that proper Le o de Enforcement is maintained; we
have accomplished the Planning and Programming step, and are well into the Housing and Re-
location phase of the requirement. He stated that this now brings us to the fourth step --
that of getting citizen involvement. Mr. Carlson discussed the possibility of various com-
mittees to aid the City in the improvement of our community. He cited the Storm Drainage
Committee as an existing Committee which is helping the City solve a problem. He stated
that he felt a committee on such issues as the golf course, for instance, would b e helpful
and would accomplish "citizen involvement". Mr. Carlson asked that the Councilmen and Com-
mission members come up with a list of names of citizens they feel should be included on
these committees. Mr. Lentsch questioned whether it was th~ responsibility of the Planning
Commission to appoint a citizens committee --he felt that Council had the authority to
appoint such committees, and they should do so. Mr. Carlson stated he didn't feel it made
too much difference who appointed the people to the committees, and if the Council wanted
to appoint them he saw no problem. Mr. Dhority stated that the Council had discussed this
Page 1228
very matter about a year ago, and talked about having two people from each precinct on the
committee. This committee would be advisory, and would study the budget and other problems.
He stated that he felt this would be a good thing, and .would utilize the talents of the
citizens. Further discussion followed. Mr. Schwab commented that the idea of the committees
was fine, and suggested that possibly the committee should .be named ·the "goals committee"; he
felt a liaison between the people and the government was needed, and that the committee might
accomplish that. Further discussion followed. Mr. Dhority commented that the Council has
talked about the matter but has not gatten the committee appointed, and that if the Commission
could get the group together, it was OK with him.
Mrs. Romans pointed out that the City has been divided j,nto six "neighborhoods" in the Com-
prehensive Plan, and that five areas of concern were identified in the Plan. She stated
that she felt citizens from these five areas were needed on the committee, and asked that
this be kept in mind when appointments are made. Members of minority groups and low-income
families living in the City of Englewood should be represented on the citizen committees,
also. She stated that support of all the people was needed for this program, and stated
that an educational effort will have to be undertaken to get this support. Mr. Schwab stated
he felt it would be well for both the Council and Commission members to come up with a list
of names of prospective committee members, have discussion together on these lists, and then
decide who should be appointed, and how the appointment should be made. He commented that
possibly if the committee were to be appointed by City Council it would carry more weight.
Mr. Carlson commented that he didn't feel it would be an easy task to appoint such a committee.
Mrs. Romans asked that we keep in mind that the Workable Program must be certified, and re-
certified within two years of certification. She pointed out that an action program must
be adopted and a time table must be set to carry out this program and followed to warrant
recertification. Further discussion followed. City Attorney Berardini suggested that the
Planning Commission might certify a list of names for appointment to the Committee, and the
City Council could confirm them. Further discussion on the proposal followed. Mr. Lentsch
reiterated that he felt the committee must be under the jurisdiction of the Council. Mr.
Schwab discussed the possibility of having the "goals committee" of about 15 members, and
one or two of those members become leaders of other committees concentrating on specific
problems. Mr. Carlson stated that he felt it would be better to keep the membership of the
committee under 20, if possible. Further discussion followed. No action was taken.
V. MOBILE HOME PARK ORDINANCE CASE #5-70A
February 3, 1970
Mr. Carlson stated that discussion of the proposed ordinance would be postponed until the
next regular meeting when Mr. Lone and Dr. Walsh, our new member, could be present.
Mr. Schwab commented that he felt mobile home park owners and mobile home owners should
contribute more for the services that the City provides.
VI. CONFERENCES.
Mr. Carlson stated that the Annual Planning Conference is scheduled in Boulder the 19th
and 20th of March. Members were urged to attend if possible.
Mrs. Romans announced the American Society of Planning Officials convention is to be in
New York, April 4th thru the 8th. Funds have been budgeted for the attendance of one Com-
mission member and the Planning Director. No designation was made.
Woods moved:
Senti seconded: The meeting be adjourned.
The motion carried; the meeting adjourned at 10:40 P.M.
Gertrude G. Welty
Recording Secretary
MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY
PLANNING AND ZONING COMMISSION.
DATE:
SUBJECT:
RECOMMENDATION:
Senti moved:
Lentsch seconded:
February 17, 1970
Resolution for Rent Supplement Program
The Planning Commission recommend to City Council that the following
Resolution be adopted:
RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT
PROGRAM.
WHEREAS, under the prov1s1ons of Section 1-1 of the Housing and Urban Development Act of
1965, the Secretary of Housing and Urban Development . is authorized to enter into contracts
to m~ke rent s~p~lement payments to certain qualified housing owners on behalf of qualified
low-income fam1l1es who are elderly, handicapped,.displaced, victims of natural disaster,
or occupants of substandard housing; and
WHERE~S, the ~r<:>visions of said Section 101. cann~t be made available to housing owners in
certain local1t1es unless the governing body of the locality has by resolution given approval
for such participation in the Federal Rent Supplement Program;
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NOW, THEREFORE, be it resolved by the
Approval is hereby granted for participation in the Federal Rent . Supplement Program by
qualified housing owners of the property located in
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
MARCH 3, 1970
The regular meeting of the City Planning and Zoning Commission was called to order by
Chairman Carlson at 8:00 P.M.
Members present: Woods, Senti, Lentsch, Carlson
Romans, Ex-officio
Members absent: Walsh, Lone
Also present: City Attorney Berardini, Neil Richardson, Rex T. Garrett
II. APPROVAL OF MINUTES.
Chairman Carlson stated that the Minutes of February 17, 1970, were to be considered for
approval.
Lentsch moved:
Senti seconded: The Minutes be approv~d as written.
Mr. Carlson directed attention t o Page 5 o f these Minutes, and suggested that the last
portion of the following sentence be deleted: "He stated that he felt a committee on
such issues as the golf course, for instance, would be helpful and would accomplish
"citizen involvement", (but he also noted that the golf course matter could involve people
living outside of Englewood, inasmuch as they would use the golf course also.)" Mr. Carlson
noted that he had tried to set forth the idea that if people outside of Englewood would benefit
fr om something such as the golf course, that we should possibly look to Federal Aid, and not
try to solve the problem by ourselves. Brief discussion followed.
Mr. Lo~e entered and took his place with the Commission.
Woods moved:
Lentsch seconded: The motion to approve the Minutes o f February 17, 1970, be amended by
amending the Minutes, Page 5, Section¥, by deleting: " ••• but he also
noted that the golf course matter could involve people living outside
o f Englewood, inasmuch as they would use the golf course also."
Mr. Carlson called f or the vote on the motion to amend the Minutes.
AYES: Senti, Woods, Lentsch, Carlson
NAYS: None
ABSTAIN: Lone
Mr. Carlson called f or the vote on the motion, as amended.
AYES: Woods, Senti, Lentsch, Carlson
NAYS: None
ABSTAIN: Lone
III. DR . ROBERT CAMPBELL
3500 S. Delaware St.
CASE #22-68B
8 /7 /68
Mr. Neil Richardson was present to discuss Dr. Campbell's proposed apartment building in
the 3500 block of South Delaware Street with the Commission on behalf o f Dr. Campbell.
Mrs. Romans stated that Mr. Richardson has been asked to handle the negotiations for the
apartment house by Dr. Campbell and his associates, and that Mr. Richardson wished to dis-
cuss the preliminary plans with the Commission.
Mr. Richardson stated that there are 10 lots under consideration f or the development, 4-1 /2
of which are owned by Dr. Campbell, and 5-1/2 of which are owned by Mr. Brinkerhoff, but
which are now under option for purchase by Dr. Campbell. Mr. Richardson stated that Architect
Wilson has been asked to prepare a new design for the apartment house which will have 86
units. The first three or four floors are being considered for offic~ use, with apartment
units on the several stories above the offices. They are planning 130 of f-street parking
spaces, which will be approximately 1.5 to 1. The building will cover 25% of the gr ound