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HomeMy WebLinkAbout1988-08-02 PZC MINUTES- • • • I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MINUTES August 2, 1988 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vice-Chairman Barbre at 7:00 p.m. The meeting was held in the Coun- cil Chambers of City Hall. Members present: Member absent: Also present: Barbre, Fish, Schultz, Carson, Draper, Volkema, Such, and Tobin. Mr. Schultz entered the meeting late. Wanush, Ex-officio. Hanson Dorothy Romans, Assistant Director of Community Development Susan Hirsch, Senior Planner Harold Stitt, Planner II II. SWEARING IN OF NEW MEMBER. Patricia Crow, City Clerk, administered the oath of office to the new member, Helene Tobin . III. APPROVAL OF MINUTES. July 6, 1988. Mr. Barbre stated that the Minutes of July 6, 1988 were to be considered for approval. Carson moved: Fish seconded: The Minutes of July 6, 1988 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Barbre, Fish, Carson, Draper, Such, Volkema, and Tobin. None. Schultz and Hanson. None. The motion carried. IV. CASE #8-88. RIGHT-OF-WAY VACATION WEST 30 FEET OF 2400 BLOCK OF SOUTH PECOS STREET. The Chairman opened the discussion, and asked that the staff comment. Susan Hirsch said that the vacation request was initiated by Joseph P. Stengel, the owner of the property between West Wesley and West Harvard Avenue adjacent to the south half of the 2400 block of South Pecos Street on the west side. Mr. Stengel also owns all of the property on the east side of South Pecos Street in the 2400 block. South Pecos Street serves as the boundary between Engle- wood and Arapahoe County and the City and County of Denver. The west 30 feet of the right-of-way is in Englewood and Arapahoe County; the east 30 feet of the right-of-way is in the City and County of Denver. -1 - Ms. Hirsch said there is a dumping problem in this area because it is rather isolated and unlighted. The owner believes that the vacation would facilitate maximum use of the property. Denver, apparently, has no objection as they • have access to the area to the east only through Englewood, and there is dif- . ficulty in servicing the property. Public right-of-way can be vacated if it is demonstrated that it serves no public purpose. In this case the staff is recommending denial of the vacation because it contains utility lines and because it provides access to the busi- nesses in the area. If the vacation is approved, the staff would recommend that the following conditions be made: 1. Full cul-de-sacs should be provided by the applicant at the east ends of West Wes 1 ey Avenue and West Harvard Avenue. The cul -de-sacs are to be built to City specifications. 2. A 30-foot clear easement should be provided by the applicant for the ut i1 ity 1 i nes. 3.· The applicant should work with the Utilities Department to assure access to the easement for the maintenance of the utility lines. 4. The vacation should be conditioned upon the approval of the Arapahoe County Commissioners and upon Denver's granting the request to vacate the east 30 feet of right-of-way in the 2400 block of South Pecos. The City staff would coordinate with the City and County of Denver to assure that the full 60 feet of right-of-way for South Pecos Street in the 2400 block be vacated or the vacation should be denied. Mr. Fish expressed concern that the cul-de-sacs would inconvenience other • property owners. Mike Woi ka of the Ut i 1 it i es Department stated that there are three ut i 1 i ty lines running through the subject property. One belongs to Denver, which he believed Denver would be willing to abandon. The City of Englewood, however, has a 12" sanitary sewer line and a 6" water 1 ine in the west 30 feet of the right-of-way, and access is necessary to serve these lines. There are other areas nearby which cannot be properly serviced because the owners stack things over the lines. He recommended denial of the vacation request, and asked that if the vacation were approved, 25 to 30 feet of clear easement be required. Mr. Joseph P. Stengel, Jr. and his attorney, Richard Dittemore, addressed the Commission together. Mr. Dittemore said that his client is the owner of Universal Auto Parts Company located along the east and west sides of the sub- ject property. Mr. Dittemore said that Mr. Stengel would provide access to the property, would meet the requirements of the City staff. Mr. Dittemore said that his client is of the opinion that the constant dumping that is cur- rent 1 y taking p 1 ace on the property could be prevented if the right-of-way were vacated. It would be possible to install the cul-de-sacs using a com- bination of right-of-way and Mr. Stengel's property. Mr. Stengel said he will work with the City. He stated that he runs a clean operation and would maintain the area better than it is now being maintained. He is negotiating to buy the rest of the land which borders the north half of • the subject right-of-way, and would fence off both ends to end the dumping, but would provide access to the City to maintain the utility lines. He said -2 - • • • that, in his op1n1on, no one uses the street, for anything but dumping. The neighbor who owns the property abutting the right-of-way which is not owned by Mr. Stengel was notified of the meeting and has no objections to the request . It is possible that Mr. Stengel would wish to develop the property, but he would honor an easement. Mr. Vol kema expressed concern about the second property owner in the north half of the block who might incur expense if the right-of-way is vacated, and who would be re qui red to grant the easement as we 11 . Ms. Hi rs ch said the owner had been notified by Certified Mail of this meeting and Mrs. Romans said that the easement could be established through the vacating ordinance, not at the option of the adjacent owner. Mr. Dittemore said that the easement would go with the right-of-way and would not be affected by selling the adjacent property. Carson moved: Volkema seconded: That a recommendation be made to City Council to vacate the right-of-way for South Pecos Street which forms the boundary between both the City of Englewood and Arapahoe County and the City and County of Denver which is described as follows: The west 30 feet of right-of-way a di stance of 602 feet south from the south from the south right-of-way line of West Wesley Avenue to the north right-of-way line of West Harvard Avenue. The following conditions are recommended: AYES: NAYS: ABSTAIN: ABSENT: 1. Full cul-de-sacs are to be constructed to City stan- dards by the applicant at the east ends of West Wesley Avenue and West Harvard Avenue at their intersection with the proposed vacated right-of-way . 2. A 30-foot cl ear easement is to be provided for the utility lines. 3. The applicant is to work with the Utilities Depart- ment to assure access to the easement for maintenance of the utility lines. 4. The vacation of the right-of-way is to be conditioned upon the approval of the Arapahoe County Commissioners and upon Denver's granting the request to vacate the east 30 feet of right-of-way in the 2400 block of South Pecos. Volkema, Draper, Carson, Barbre, Such, Fish, Tobin. None. None. Schultz and Hanson. The motion passed, and that Chairman asked that the recommendation be for- warded to City Council. The Chairman ruled that the motion had passed, and that the recommendation for approval with the conditions be referred on to the City Council. v. CASE #10-88 RIGHT-OF-WAY VACATION 3300 BLOCK OF SOUTH ELATI STREET The Chairman opened the discussion for Case #10-88, and asked if the staff had any comments. -3 - Harold Stitt said that the City had received a request to vacate a small por- tion of the right-of-way on the east side of the 3300 block of South Elati Street. The small area had previously been part of the area reserved for the • RTD bus pull-out, and would no longer be required with the new development as planned by Lincor, and . Lincor had asked that the "notch" be vacated. There wi 11 be no actual building on the area, but an awning wi 11 extend over it. Mr. Stitt said the City would prefer to have Lincor responsible for the area rather than the City . Carson moved: Volkema seconded: That the portion of the right-of-way on the east side of the 3300 block of South Elati Street formerly reserved for RTD be vacated. AYES: NAYS: ABSTAIN: ABSENT: Volkema, Draper, Carson, Barbre, Such, Fish and Tobin. None. None. Schultz and Hanson. The motion passed, and the Chairman asked that the recommendation be forwarded to City Council. VI. CASE #11 AND 12-88. EASEMENT VACATION AND DEDICATION. GIRARD PLACE SUBDIVISION. Mr. Stitt stated that the storm sewer lines within the Girard Place subdivi- sion, also known as the Old King Soopers site, were being relocated, and new easements should be dedicated and the old easements vacated to reflect the changes. These changes were made at the request of the Department of En-• gineering Services. He noted that building would be permitted over the new easement, as it had been over the old, because the lines have been constructed to accommodate the weight of the building and access is provided to maintain the lines. Carson moved: Draper seconded: That the former easement for two storm sewer lines within the Girard Place Subdivision be vacated, and a new easement dedicated which reflects the new location of the relocated storm sewer lines. AYES: NAYS: ABSTAIN: ABSENT: Volkema, Draper, Carson, Barbre, Such, Fish and Tobin. None. None . Schultz and Hanson. The Chairman ruled that the motion passed, and asked that the recommendation be forwarded to City Council. VII. CASE #13-88 UTILITY EASEMENT AND RIGHT-OF-WAY DEDICATION. GIRARD PLACE SUBDIVISION. Mr. Stitt said that as part of the public improvements associated with the development of Phar Mor Plaza on the old King Soopers site, the City has re- quested that Lincor dedicate to the City a portion of the site for the realig-• ned intersection of West Girard Avenue, South Cherokee Street and Englewood Parkway. The proposed utility easement is for the accent lights that the City -4 - • has placed along the north side of West Girard. Its purpose is for access to maintain the lights . Carson moved: Such seconded: Thad dedications be accepted for the utility easement for accent lights along West girard Avenue, and for the right-of-way for the intersection improvements at South Cherokee Street and West Girard Avenue. AYES: NAYS: ABSTAIN: ABSENT: Volkema, Draper, Carson, Barbre, Such, Fish and Tobin. None. Schultz. Hanson. VIII. PUBLIC FORUM. None. IX. DIRECTOR'S CHOICE. Mrs. Romans said that at the August 16th meeting, Office Engineer Rick Kahm and Street Superintendent Wayne Oakley will give a presentation on different methods of maintaining paving. She called the Commission's attention to the study which had been included in the packet on bike routes. She distributed a letter submitted by Dr. Jess Gerardi asking for some relief for the owners of recreational vehicles during the summer months. This would require amendments to Section 16-4-1 and Title 11 of the Englewood Municipal Code. Mrs. Romans said she would distribute copies of Title 11 at the next meeting . • x. COMMISSION'S CHOICE. • Mr. Carson and Mr. Wanush discussed the appropriation of money by the City Council for the design of the bridge over Big Dry Creek on South Broadway. Mr. Carson asked that the changes in the ordinance proposed by Dr. Gerardi be put on the agenda. The meeting adjourned at 8:15 p.m . -5 -