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HomeMy WebLinkAbout1981-07-07 PZC MINUTES>., .... ' • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 7, 19 81 I. CALL TO ORDER. The regular meeting of t he City Planning and Zoning Commission was called to order by Chairman Judith B. Pierson at 7:05 P.M. Members present: Carson, Draper, McBrayer, Pierson, Senti, Tanguma, Barbre, Becker Romans, Acting Ex-officio Members absent: Allen Also present: Associate Planner Barbara S. Young II. APPROVAL OF MINUTES. Chairman Pierson stated that the Minutes of the meeting of June 16, 1981, were to be considered for approval. Carson moved: Tanguma seconded: The Minutes of June 16, 1981, be approved as written . AYES : Draper, McBrayer, Senti, Tanguma, Barbre, Becker, Carson NAYS : None ABSTAIN: Pierson ABSENT: Allen The motion carried. III. COTTONWOOD VILLAGE Subdivision Plat CASE :/n-81 Mrs. Pierson asked for a motion to open the Public Hearing on the Cottonwood Village Subdivision Plat. Tanguma moved: Barbre seconded: AYES: McBrayer, Draper NAYS: None ABSENT: Allen The Public Hearing on the Cottonwood Village Subdivision Plat, Case #7-81, be opened. Pierson, Senti, Tanguma, Barbre, Becker, Carson, The motion carried. ~ Mrs. Pierson asked for the staff report. Mrs. Dorothy Romans stated that this is an administrative he aring, and it would be the pleasure of the Commission whether or not persons speaking before the Commission should be sworn in before testifying. The Chair ruled that the Commission -2- would forego the swearing-in of those p e rsons speaking before the Commission in this Hearing . Mrs . Romans stated that Ms . Powers had a conflict and would not be able to be present at the meeting this evening. Mrs. Romans stated that the matter before the Commission is consideration of a Preliminary Plat of the proposed Cottonwood Village Subdivision. The site involved is on the north side of West Quincy Avenue in the 800 block west. Mrs. Romans stated that copies of the preliminary plat were submitted to the various City Departments and utility companies, and com- ments and suggestions on the proposed subdivision were requested. Mr. Bolton, the applicant, has received these comments and suggestions, has incorporated these revi sions into the proposed plat, a copy of which revised preliminary plat was given to the Commission members prior to the meeting. Mrs. Romans stated that the site is zoned R-1-A, Single-family Residence. The subject site is large enough to divide into three parcels, each of which would exceed the minimum lot area of 9,000 square feet as required in the R-1-A Zone Dis- trict. Mrs. Romans emphasized that the division of the land into the three parcels does comply with the minimum requirements of the Comprehensive Zoning Ordinance. Mrs. Romans stated that the Hearing this evening is not on rezoning, but pertains only to the division of the land into three separate sites. Mrs. Romans stated that the Subdivision Regulations require that notice of Public Hearing by certified or registered mail be sent to those property owners within 100 feet of the sub- ject site; this was done by a letter sent by certified mail on June 29, 1981, to property owners of record as shown in the Arapahoe County Assessor's Office. Mrs. Romans stated that the proposed subdivision indicates that access to the two inner lots will be by way of a private drive, which private drive will also be the location of utility lines to service the two interior lots. Mrs. Romans stated that Mrs. Young would point out those changes that have been made in the revised preliminary plat. Mrs. Young stated that the entire cul-de-sac is designated as an easement for utilities and as a private drive and emergency vehicle access . A separate driveway to the garage on the prop- erty at 825 West Quincy Avenue has been provided, and the pro- posed private access/drive will serve only the two interior lots. Mr. Bolton is to submit a covenant binding the owners of the two interior lots to the responsibility of maintaining the private drive. Mrs . Young stated that Mr. Bolton has also submitted street profiles and specifications for the utility lines. Chairman Pierson asked if anyone had questions of the staff? Mr. McBrayer asked about the City Ditch right-of-way; does the City own a 25 foot right-of-way through these properties, or is it an actual easement, with the property owner retaining title to the land? Mrs. Young stated that the property owner ' • • ' • • -3- has title to the land, and an ea sement is given for the Ditch. Mr. McBrayer asked if setbacks for buildings to be constructed along the Ditch would be from the property line or from the easement line? Mrs. Young stated that the setbacks would be from the property line; however, construction may not be allowed in the easement. Mrs. Pierson asked if the applicant wished to address the Com- mission? Mr. Bolton stated that he did not want to address the Connnission at this time. Mrs. Pierson asked if there were other persons in the audience who wanted to address the Connnission or had questions? Mr. Thomas Webb 4285 South Huron Street -asked the width of the existing utility easement on the east side of the property. Mrs. Young stated that the applicant will give a 25-foot ease- ment and the cul-de-sac for utility purposes; the existing ease- ment along the length of the subject property on the east side, is 16 feet in width and this will remain. Mr. Webb stated that he had always understood the easement was 10 foot in width. Mrs. Young stated that it is recorded in Book 805, Page 334, as a 16-foot utility easement . Mr. James Lee 835 West Quincy Avenue -asked if the dwelling units that Mr. Bolton proposes to develop on these sites would be two story, ranch style, or if this was an appropriate question at this point in time? Mrs. Pierson stated that the question is really outside the parameters of the consideration this evening. Mr. Bolton indicated that he was considering a bi-level con- struction, but that plans are not firmed up at this point in time. Mrs. Pierson asked if there were further questions or comments from the audience? There were no further questions or com- ments. Carson moved: Tanguma seconded: The Public Hearing on Case #7-81 be closed. AYES: Pierson, Senti, Tanguma, Barbre, Becker, Carson, Draper, McBrayer NAYS: None ABSENT: Allen The motion carried . Mrs. Romans discussed the procedure the Connnission should follow in consideration of the proposed Cottonwood Village Subdivision; she noted that the changes suggested by the various departments I • • -4- have been incorporated in the preliminary plat by the applicant . The Commission may approve the preliminary plat as presented ' this evening, or suggest further changes. The applicant will then submit a Final Plat for the consideration of the Commission; if the Final Plat is approved by the Commission, it will then be referred to the City Council, and if approved by the City Council it will be recorded with the Arapahoe County Clerk and Recorder. McBrayer moved: Carson seconded: The Planning Commission approve the·preliminary plat of the Cottonwood Village Subdivision as revised to July 7, 1981. AYES: Senti, Tanguma, Barbre, Becker, Carson, Draper, McBrayer, Pierson NAYS: None ABSENT: Allen The motion carried. IV. Mrs. Romans introduced Mr. Dan Valentine, Intern in the City Manager's office this summer. Mr. Valentine has agreed to address the Connnission on the redevelopment plans that are being implemented in Lowell, Massachusetts. Mr. Valentine stated that he is a native of Lowell, Massachusetts, and is a student at the University of Colorado at Denver. Mr. Valentine stated that his ambition is to become a City Manager. Mr. Valentine stated Lowell, Massachusetts, was incorporated in 1826, and is located 30 miles northwest of Boston. It is a manufacturing city, and has been since the earliest days. In the 1970's, it was realized that the city was in need of re- vitalization, and a unique process to accomplish this revitaliza- tion was instituted. It is a three-pronged effort, encompassing the State, Federal and local governments; a 17-member Commission has been formed to oversee the revitalization program. Each branch of the various governmental entities has a different responsibility; for instance, the National Park Service is over- seeing the preservation of the historic structures and restoring the canals, and the City is making the public improvements. Mr. Valentine presented slides of the Lowell, Massachusetts area, and noted that there are 5.6 miles of canals in this city. The canals were a very important feature to this municipality, and not only served as a means of transporting goods, but pro- vided water power to run the mills that were in Lowell. Mr. Valentine showed several slides of the "Gate House", which is situated over a canal; the various gates on the canals can be operated from within the structure, and t h ese canal gates have proved very beneficial in times of flooding. Mr. Valentine noted that other historic s t ructures such as the Ayer House has been refinished, and now se r ves as a day-care center. Mills have been remodeled and serve a s o ffice space, or as housing for the elderly and low-income familie s . Mr. Valentine pointed out that those mills that are being restored for residential purposes will have commercial outlets on the first floors and the resi- • • •• '·· ' • • -5- dential uses will be on the upper stories. Mr. Valentine showed a slide of an old fire house that has been remodeled into an attractive office building, and another of a parking garage that was constructed at a cost of $4,000,000, which no resident will use because they feel it is unsound. Mr. Valentine stated that throughout the revitalization process, attempts are being made to preserve the 19th-Century character of the city. He stated that Lowell was an "experiment" in the 1800's, in attempting to provide housing for its workers. Lowell is now the first Urban National Park in the country, having been so approved by Congress in 1978. Mr. Valentine stated that the population is around 90,000 and has been for the last 20 years or so. Mr. Valentine stated that there are a number of ethnic communities within the city of Lowell, and the various festivals of these ethnic groups have proven to be quite a tourist attraction. Mr. Valentine stated that the tourist trade is the aim of the revitalization efforts. The Commission expressed their appreciation to Mr. Valentine for his very interesting presentation. V. PUBLIC FORUM. There was no one present to address the Commission . VI. DIRECTOR'S CHOICE. Mrs. Romans stated that at the next meeting of the Commission, July 21st, Mr. Mike Haviland, the Director of the Downtown De- velopment Authority, would be present and that he and Ms. Powers would bring the Commission up-to-date on downtown development activities. Mrs. Romans reminded Commission members of the Planning Seminar on the Special Permit System which has been scheduled for July 10th at 9:00 A. M. at the Police/Fire Center. Reservations have been made for Mr. Senti, Mr. Carson, Mr. Barbre, Mrs. Pierson and Mrs. Becker. Mr. Draper indicated that he would try to at- tend at least part of the day. Mr. Tanguma stated that he could not attend, and Mr. McBrayer stated that he would be out of town on that date. Mrs. Romans stated that a memorandum regarding the Capital Im- provement Program requests for Handicapped Ramps and Bridge Repairs had been given to the Commission. This memorandum ex- plains these two requests in more detail as was requested by the Commission at the last meeting. Mr. Dra~er stated that regarding the Bridge Repair request, if the ~65,000 request was spread out over several years, he still felt that this should be in the general maintenance budget, and not considered as a Capital Improvement. Mrs. Romans reminded Mr. Tanguma that the City Council does expect a written report on his trip to Boston to attend the APA Conference. ·' . . - -6- VII. COMMISSION'S CHOICE. Mr. McBrayer stated that he had recently been in Hendersonville, ~ N.C., and had an apportunity to view improvements that this jurisdiction has made in the downtown area; he stated that they have converted a four-lane street with parking on both sides into a two-lane street with parking and landscaped areas; this street is now a "winding" street, and is most attractive. Mr. McBrayer stated that he had also recently been in Memphis, where they have "malled the entire downtown area". He also discussed the development of "mud island" where the history of the Mississippi River is being created on a small scale. The meeting adjourned at 8:10 P.M. Ge~~~ ff-~/eff-Re~ding Secretary • , • • City of Englewood July 15, 1981 Mrs. Judith B. Pierson, Chairman City Planning & Zoning Commission 3400 South Elati Street Englewood, Colorado 80110 Dear Mrs. Pierson: 3400 S . Elati Street Englewood , Colorado 80110 Phone (303) 761-1140 Recently, the members of the Board of Adjustment and Appeals have been discussing the handling of use variances with the Planning staff and the City Attorney. A use variance is one which would allow a use that is not permitted by right within a particular zone district. While the Comprehensive Zoning Ordinance does not now specifically exclude use variances from the jurisdiction of the Board, it would seem the intent was to do so because of the statement that: "Nothing herein contained shall be construed to empower the Board to change the terms of this Ordinance or to effect changes in the Zoning Map of the City of Englewood." This has not been sufficiently clear, however, to keep use variance requests from being referred to the Board, and anyone wishing to establish a use not permitted by right in a zone district can come before this Board to request a use variance. The Board feels that these variances have the effect of changing the terms of the Ordinance and altering the Zoning Map. Therefore, at the meeting of July 8, 1981, the members of this Board voted unanimously to request that the City Planning and zoning Commission begin the pro- cess of removing the hearing of use variance from the Board's jurisdiction. It is the opinion of the City Attorney that this would be best accomplished through an amendment to the Comprehensive Zoning Ordinance, specifically §22.2-6b. We feel that a section should be added clearly stating that the Board does not have the power to grant variances to allow a use not permitted by right within the zone in question • ' ~ • Mrs. Judith B. Pierson July 15, 1981 Page -2- This amendment to the Ordinance would then require any contemplated changes in permitted uses to be treated as rezonings with the necessary public hearing process. If this Board can be of any assistance to you in this matter, feel free to call on us. Cf~~ I ~ Chester Hallagin, Chai~ Board of Adjustment & Appeals gw cc: Members of Board of Adjustment & Appeals