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HomeMy WebLinkAbout12/17/1970 MINUTES December 17, 1970 The ninetieth regular meeting of the Wheat Ridge City Council Icas called to order at 7 3D P m in the Council Meeting Room at 7390 West 38 Avenue by Mayor Albert E Anderson Aldermen attending were Howard, Calvin Hulsey and later. Dana Bowling, Joseph M Donaldson, Robert Ray C Pepe Alderman Jack Bramble arrived Others attending were Mayor Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, applicants and attorneys for applicants present for Public Hearings and interested citizens Citizens' Comments were made by Mr Karl Hustede of 6097 West 40 Avenue in regard to turn lanes and signals, and Mr J L Whitchurch in regard to paving 28 Avenue from Ames to Chase Their comments have been sub- mitted as Citizen Requests to the Public Works Department Public Hearing was held for the transfer of the package liquor license of Hillcrest Liquors Applicant was Ronald Graebing represented by Attorney Michael Villano Motion by Alderman Bowling "I move that Council approve the Hillcrest Liquors transfer to Mr Ronald Graebing to be effective January 1, 1971 " Motion was seconded by Alderman Donaldson and passed 5-0 Alderman Bramble was absent WS~70-3 Carnation Gardens Subdivision was presented City Attorney Maurice Fox stated That notification had gone to surrounding residents That according to a letter from Clear Creek Valley Water and Sanitation District, the area is served by an eight inch sewer main That a letter from the R-1 School District indicated that the subdivision would add a total of twenty-five students to be absorbed among Pennington Elementary, Everett Junior High, Wheat Ridge High School That the proposed use was Residential-Two (R-2) That the fee had been paid Drainage had been approved A street vacation will be dedicated to the City Surrounding zoning is Residential-Three (R-3) to the East and South, and Residential-Two (R-2) to the We t Approval of the Plat has been recommended by the Planning Director and the Planning Commission Speaking in favor of the Plat Glenn Siever, surveyor short for a double, but could a single family home. ~9~ Jacobson, applicant who stated there would be one structure with two units per site on thirteen lots, and either one or two on Lot 7, that height of the buildings would follow zoning regulations and the street would be blacktopped if blacktopping is required were who stated that Lot 7 is 2,000 square be developed through an adjustment or feet with Motion by Alderman Bowling "I move we table the decision of Case WS-70-3 for January 14, 1971 at 7 30 pm" Motion was seconded by Alderman Don- aldson Motion was amended to change "January 14, 1971 to December 22, 1970 " Amendment was approved by the second and Motion passed 5-0 ~Z~]0-29 Rezoning Case was heard Applicant M S. Nunencamp requested a change from Residential-Two (R-2) to Residential-Three (R-3) for the purpose of constructing five apartment units at 44 Avenue and Moore City Attorney Maurice Fox stated that the Planning Commission had recom- mended approval for the following reasons / -2- That Residential-Three (R-3) is compatible with the surrounding area, proper water and sewer service is available and the proposed apartment would not create a traffic problem He said the record should indicate that notice had been properly given Mr M S Nunencamp applicant, said the surrounding zoning is North _ Agricultural with a non-conforming fruit stand, West - Agricultural with a single dwelling, South of which is Residential-Three (R-3) property with four units on it The reason for requesting a change is to conform with the surrounding properties Motion by Alderman Howard December 22, 1970 at 7 30 P seconded by Alderman Hulsey "I move we table Case WZ-70-29 until m and render a decision" Motion was and passed 5-0 WZ-7o-30 Rezoning Case was heard Applicant 'obert Mugele requested a change from Agricultural-One (A-1) to Residential-Three (R-3) for apartment development on Miller Street north of 44 Avenue. Attorney Maurice Fox stated that the Planning Commission had recommended denial for several reasons, among them that the present Plat did not conform to the surrounding Residential-Three (R-3) zoning, that fire protection would be inadequate and that traffic created would present problems that "could not be coped with" Mr Fox established that it had been properly posted and published and that the surrounding zoning is as follows North - Agricultural, East - Agricultural-One (A-1), Residential-Two (R-2) and Planned Development, West - across Miller Street, Residential-Two (R-2), Residential-Two (R-2), Residential-One (R-1) and a small piece of Commercial-One (C-1) Agricultural strip between this area and Miller Street south of 44 Avenue is Agricultural-One (A-1). There are small areas of Restricted-Commercial (R-C) and Commercial-One (C-1) on the South side of 44 Avenue, but not adjacent to the area proposed for rezoning Mr Don Snow representing the buyer and seller said the purchaser was presentaswell as the attorney for the seller He stated that a Planned Unit Development had been drawn up a long time before, but that the Planned Unit Development Ordinance had not yet passed He stated that the proposal of the applicants is to request Residential-Three (R-3) and then restrict themselves to conform as with a P U D He suggested an Ordinance to show willingness to comply with restructions. Specific things with which he expressed willingness to comply were two parking spaces per unit, dedication of Rights of Way, and a height limitation on the North of twenty-five feet Attorney David Haun, representing owner Robert Mugele said they wanted to sell a concept to Council not just Residential-Three (R-3) zoning They would have preferred Planned Unit Development Plan calls for 384 units and any restructions or waivers that would be acceptable to the planners or Planning Commission would be enforceable by means of the Ordinance. City Attorney Maurice Fox said Council should consider their proposal "the total package being a request for Residential-Three with restrictions " Attorney Haun stated that the existence of Agricultural-Two (A-2) land within the City is a contradiction and the fact that it is included in the corporate limits indicates an urbanization plan and is just- ification for a change from agricultural zoning David Barbour of 1420 North Webber, Colorado Springs, architect for the proposed plan explained details of the plan including location of buildings and parking areas and restated the concept of Residential-Three (R-3) with waivers and restrictions / -3- Lt Chuck Dodson, technical representative to Wheat Ridge and Arvada Fire Departments, having reviewed the plan stated that thirty foot width streets are not adequate, two buildings are inaccesible, parking facilities do not allow for good positioning of equipment, access to all bUildings is limited to one side, and fire department would prefer plugs closer together Mr Don Snow stated that the final site plan would be submitted to the fire department Motion by Alderman Donaldson "I move we table Case WZ-70-3o until December 22, 1970 for further discussion with a decision to be ren- dered on January 14, 1971 " Motion was seconded by Alderman Pepe. Motion was amended to add "no additional testimony from tl-B proponents to be at that time, only comments from the staff and the City Attorney" The amendment was approved by the second and Motion passed 3-2 with Aldermen Howard and Hulsey voting "nay " Ordinance No 68 - the Flood Plain Ordinance was brought up for second consideration and the title read Motion by Alderman Bramble, seconded by Alderman Donaldson and passed 6-0 "that the Clerk dispense with the reading of the balance of the Ordinance " Motion by Alderman Bramble, seconded by Alderman Donaldson and passed 6-0 "I move that Section 4 32 (page 4) be amended to read I No struc- tures (temporary or permanent), fill, including fill for roads and levies, deposit, storage of materials, or other flood plain uses which, acting alone or in combinations with existing or future flood plain uses,' " Motion by Alderman Howard, seconded by Alderman Hulsey "that words , or basement floor' be omitted in Paragraph 2 of Section 4 52" Motion was amended to add at the end of the paragraph "'Basements of any such structures shall be flood proofed per Section 5 45 (1) of this regulation '" Motion by Alderman Donaldson, seconded by Alderman Bowling, passed 6-0 "I move that in Section 9 4 (page 12) we strike out the word 'ocean.'" Motion by Alderman Hulsey seconded by Alderman Pepe and passed 6-0 "that 'and other recreational uses' be added after 'hiking areas' in Section 4 43 " Motion by Alderman BoWing, seconded by AldermanBrambl~nd passed 6-0 ;'1 move that Section 9.5 (Page 13), following 'administrative purposes' be changed to read 'the flood plain may be defined as the area that would be inundated by the 100-year flood, (U.S Corps of Engineers "Flood Plain Information Report, Vol. 3 - Tech appendix, Bear and Clear Creek and South Platte River Basin Report of January, 1966) '" Motion by Alderman Bramble, seconded by Alderman Donaldson and passed 6-0 "I move that the following typographical errors be corrected to read Section 9 19 (page 14) change to 'tends to' and Section 9.22 (Page 15) change to 'a purpose '" Motion by Alderman Bramble "I make a Motion that the Ordinance estab- lishing Flood Plain Zoning for the City of Wheat Ridge be approved as amended on second reading and be published and posted" Motion seconded by Alderman Bowling and passed 6-0 Clyde Hobbs was directed to contact the Corps of Engineers to see if additional information could be obtained from it which when combined with work done by the City would enable the City to establish a "meets and bounds" description of the Flood Plain Comments were made by Debbie Motoyama of 9335 West 53 Avenue from Wheat Ridge High Ecological Action Committee, R~ert Eckhardt of 7400 West 34 Avenue, Clyde Hobbs, Assistant City Engineer, Edgar Johnson of 3700 Benton, and Richard. Traveler of 3049 Dudley '" -4- .QL~na_nce_No _52 pertaining to Planned Unit Development was brought up for second consideration and the title read Motion by Alderman Pepe "I the rest of the Ordinance " and passed 4-0 with Aldermen move that the Clerk Motion was seconded Bowling and Bramble dispense with reading by Alderman Donaldson temporarily absent M[Jtion by Alderman Bowling "I move that in Section 1 following 'for the community' add 'but in any even~ final regulations shall be estab- lished by City Council when determined to be in the best interests of the public and overall development of the City.'" Motion was seconded by Alderman Pepe and passed 6-0 Motion by Alderman Hulsey "I move that in Section 3. Area~ei9.b! an~e~b~ck Regulation~ 1 (Page 1) be changed to read '1 To qualify for consuderation for Planned Development District zoning, the proposed development area shall approximate one acre or more under unified control '" Motion was seconded by Alderman Bramble and defeated 2-4 with Aldermen Bowling, Howard, Donaldson and Pepe voting "nay" Motion by Alderman Bramble "I move that Section 3 Area.,.::..Jiel.g.b! and Setback ~elLulations 1 (Page 1) be changed to read '1 To qualify for consideration for Planned Development District zoning, the proposed development area shall approximate two acres or more under unified contro1.'" Motion was seconded by Alderman Hulsey and passed 4-2 with Aldermen Howard and Donaldson voting "nay" Motion by Alderman Pepe "I move that B. BEP~(Jval of Preliminary Qe'yBo"pme_n_~_Plan a (Page 3) read 'After filing the preliminary development plan, the Planning Commission shall hold a public hearing before forwarding the plan to the City Council with a written report recommending that the plan be either disapproved, approved, or approved with modifications Notice of public hearing shall be given as required by law', and "in B. b (Page 3) delete the following ',said hearing to be held not less than thirty (30) days nor more than ninety (90) days after the receipt of the Planning Commission's report and the preliminary plan' Delete 'after the hearing,' and substitute 'and'" Motion was seconded by Alderman Howard and passed 4-2 with Aldermen Bramble and Bowling voting "nay " Motion by Alderman Bowling and seconded by Alderman Pepe "I move that Section B b. be amended to read 'reviewed by the Planning Commission and approved by the City Council'" Motion passed 5-1 with Alderman Howard voting "nay " Motion by Alderman Bowling and seconded by Alderman Bramble "I move that 5 (Page 4) read 'The fee to file for a Planned Unit Development shall be two hundred and fifty dollars ($250 00) plus a fee f~ten dollars ($10 00) per sheet to cover recording costs at the time of such recording.'" Motion passed 4-2 with Aldermen Hulsey and Pepe voting "nay " Motion by Alderman Bowling, seconded by Alderman Donaldson that Section 4 (Page 2) be changed so that the incorrectly word 'provision' be spelled correctly" Motion passed 6-0 "I move spelled Mot~o~ by Alderman Pepe "I move that Ordinance Number 69, an Ordinance to amend Zoning Ordinance Number 11, as amended, by the addition of a new subsection establishing Planned Unit Developments numbered Section 39, be approved as amended on second reading and be published and posted " Motion was seconded by Alderman Hulsey and passed 6-0 Citizen's Comments were made by Calvin Bacon, developer Ord~nanc8~~g on dog control was brought up for second reading and the title read Motion by Alderman Bramble "I move that the Clerk dispense with reading of the rest of the Ordinance" Motion was seconded by Alderman Bowling and passed 5-0 with Alderman Pepe absent " -5- Motion by Alderman Bowling "I move that in the title after the word 'control, in line one the words 'and protection' be added n Motion was seconded by Alderman Bramble and passed 6-0 Motion by Alderman Donaldson "I move that 'running at large' in Section 1 should read 'running at large off the premises of the owner and not under control of some responsible person '" Motion ["as seconded by Alderman Howard and defeated 4-2 with Aldermen Bowling, Bramble, Howard and Hulsey voting "nay " Motion by Alderman Bowling, seconded by Alderman Bramble and passed 6-0 "I move that the words 'City Council' be added after 'Mayor' in d of Section 2 " Motion by Alderman Bowling "I move that in Section 3 b it should be changed to read 'neutered males and spayed females - $1 00, un- altered males and un spayed females $3.00.'" Motion was seconded by Alderman Pepe and passed 5-1 with Alderman Bramble voting "nay" Motion by Alderman Pepe, seconded by Alderman Bowling and passed 6-0 "I move that we change thirty (30) day to ten (10) day everywhere it is used pertaining to licensing and inoculation." Motion by Alderman Bowling "I move that we change 'January l' to 'November l' in line 4, Section 8" Motion was seconded by Alderman Pepe and passed 6-0 Mo_tion by Alderman Pepe "I move that the word 'domesticated' should be struck out wherever it is used in b of Section 8" Motion was seconded by Alderman Donaldson and passed 6-0 Motion by Aldf-"rman c)onaldson "I move we add the following to b in Section 5 'Injured animals, the owners of which are unknown shall be destroyed humanely, if injuries are termed irreparable by the attending veterinarian '" Motion was seconded by Alderman Pepe and passed 6-0. Motion by Alderman Bowling, seconded by Alderman Pepe and passed 6-0 "I move that Section 3 f be changed to read 'The yearly fee for kennels shall be twenty-five dollars ($25.00). Kennel license fee replaces need for individual licenses '" Motion by Alderman Bowling, seconded by Alderman Pepe "I move that in Section 6 h 'Ten dollars ($10 oo~ be stricken and replaced with 'five dollars 1$5 00) '" Motion passed 5-1 with Alderman Bramble voting "nay " Motion by Alderman Bowling, seconded by Alderman Pepe "I move that the last sentence of Section 6 h should read 'a boarding fee to be estab- lished by the Mayor and City Council shall also be assessed.'" Motion passed 6-0 Motion by Alderman Donaldson, seconded by Alderman Bowling and passed 6-0 I move that the following be added to paragraph d Section 8 'Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed '" Motion by Alderman Bowling "I move that we add g. to Section 8 to read 'It shall be unlawful to buy, sell or offer for sale exotic animals or any animals not considered domestic animals.'" Motion was seconded by Alderman Pepe and was defeated 4-2 with Aldermen Bramble, Donaldson, Howard and Hulsey voting "nay" Motion by Alderman Donaldson "I move that we add to Section 8 a para- graph to read 'In case of an outbreak of rabies, constituting an emergency situation, the Mayor and City Council shall be authorized to impose strict regulations pertaining to animals within the City'" Motion was seconded by Alderman Pepe and passed 6-0 -6- Motion by Alderman Bowling "I move that the word 'willfully' in Section 15, sentence one before the words 'in violation.'" was seconded by Alderman Donaldson and passed 5-0 be put Motion Motion by Alderman Howard "I move an additional section be added to read as follows 'Section 18 Sev~~ability If any section, sub- section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held or decided to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions The City Council of the City of Wheat Ridge hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof even though anyone or more sections, sub- sections, sentences, clauses or phrases might be declared unconstitu- tional or invalid '" Motion was seconded by Alderman Donaldson and passed 6-0 Motion by Alderman Donaldson, seconded by Alderman Bowling and passed 6-0 "I move that in Section 6 a after the words 'City Council' be changed to read 'Direct the City Clerk to make arrangements with a public or private agency for facilities to be used an an animal shelter or pound for and on behalf of the City - to be approved by the City Council '" Motion by Alderman Howard "I move that a statement from a licensed veterinarian must be submitted as proof of neutered males and spayed females where applicable" Motion was seconded by Alderman Donaldson and passed 4-2 with Aldermen Hulsey and Pepe voting "nay " Motion by Alderman Bramble "I move we take Citizens' Comments and vote on the Ordinance." Motion was seconded by Alderman Howard and passed 6-0 Citizens' Comments are as follows Nancy Snow of 11568 West 39 Avenue stated she was opposed. Earl Walker of 4211 Upham stated there is not sufficient recourse for a person whose dog is declared vicious. Mr Lubke stated barking dogs are a nuisance and have made some of his renters leave Mr Hustede stated that dogs should be confined Motion by Alderman Pepe "I move that Ordinance No 70 pertaining to dogs be passed as amended on second reading and be published and posted" Motion was seconded by Alderman Bowling and passed 4-2 with Aldermen Bramble and Donaldson voting "nay " Ordinance No 70 will be effective thirty (30) days after publication. Ordinance No 72 pertaining to annexation Number One came up for second consideration. Mr Dwight Griggs, attorney for owners of the property to be annexed, stated that a deed conveying sixty-five (65) feet right of way along side the Public Service right of way had not been drawn up but that he had a letter from Mr Helbig on the matter He suggested that if Council wanted to pass the Ordinance on second reading that pub- lication might be witheld pending rEceipt of the deed. Motion by Alderman Bramble "I move we table this mater until Tuesday, December 22, 1970" Motion was seconded by Alderman Pepe and passed 6-0. Meeting was ajuourned at 1 50 a.m , L( ..J, :/ ._J ~ ~'"" Louise F Turner City Clerk '1''';''' I'{;