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HomeMy WebLinkAbout04/08/1971 MINUTES April 8, 1971 The one hundred and second regular meeting of the Wheat Ridge City Council was called to order at 7:30 p.m. by Mayor Albert E. Anderson at 7390 West 38 Avenue. Aldermen attending were: Jack W. Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe. Alderman Bowling was absent. Others attending were: Mayor Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, applicants, lawyers and approximately ninety-five citizens interested in rezoning cases. Mayor Anderson announced that there would be public presentations of the proposed Wheat Ridge Comprehensive Plan on April 12, 13, 14, 21 and 28, and recommended that interested people attend. WZ-70-08 Rezoning Case was heard. Applicant L.C. Liley for the United Presbyterian Association (the owner of record) requested a change from Residential-Two and Residential-Three to Planned Unit Development on 240,000 square feet at 6340 West 38 Avenue, south of Highland West Apartments for the purpose of building a five story nursing home and two apartment houses. Mr. Robert Barr of the Wheat ---- the Planning Department felt considered: 1. 2. 3. Ridge Planning Department stated that the following factors ought to be That That That general discussion is appropriate. the Planning Department approves in concept, and a Planned Unit Development is best for the area. Mr. Barr also stated that the Planning Commission recommendation by a Motion passed 3-1 was for denial "on the basis that it is not compatible with the surrounding area and the density is too high." Other comments by Mr. Barr included: That drainage water would be taken care of. That each of the two apartment buildings would contain thirty- six units. That the nursing home would be five stories and 240 beds. That the first request called for 108 apartments, the second for 80 units and the present for 72 units. Donald__Lancaster, Vice President of the Board of Trustees of the United Presbyterian Association was present and authorized to represent the board. Mr. Lancaster read a prepared statement and brought out the following points: 1. That the Presbyterian Churches had endeavored to establish and had established a senior citizen's home. 2. That the aim of the board and the United Presbyterian Assn. was to f,~ter compatible development on the adjoining land. 3. That it supported the proposal by Mr. Liley. 4. That the question of compatibility with the neighborhood had been raised and he wondered what would be compatible amid a senior citizen's home, a nursing home, a greenhouse, a church and residences. 5. That a nursing home could provide nearby continuing care for senior citizens. 6. That apartments would also be compatible and that size of apartments did not lend them to be family type housing. 7. That the board understood that there would be adequate parking for the apartments and that there was excess parking around Highland West. 8. That adequate facilities were available for sewer and water. 9. That the drainage question had been answered. 10. That the assessed valuation of Highland West was $408,883.00 and that that of the proposed development would be $675,000.00. / ) -2- 11. That because of its physical location the property had limited opportunity for development. 12. That at present the property, having grown up in weeds, was unsightly, and 13. That the Board of Trustees strongly supported the proposal by Mr. Liley. A copy of his prepared comments is in the General File under "Citizen Comments - Rezonings." ~r~~GI~~ of 4055 Ammons, of the Wheat Ridge Presbyterian Church presented a petition with names of 45 people who favored the proposal. Names were obtained at the previous Sunday evening service. No one had refused to sign. Signers felt proposal was compatible. Mr.Lr_~~Lancas~EJr of 5340 West 38 Avenue, president of the tenants' council of Highland West presented a petition of names of 115 tenants of Highland West who favored the proposal because they considered it to be needed and ideal. Mr. Lancaster stated that Highland West has 114 parking spaces and only 62 cars. He also presented a photograph of the property. Mr.~.f~~ of Christopher House Nursing Home residing at 4595 Balsam stated the following: 1. That he wanted to stay close to the Christopher House operation but with a different type of care. 2. That apartments would be comparable to the "Marshall Apartments" or "Marlee Apartments" and probably have no children. 3. That the nursing home would have 240 beds and 100 parking spaces and the two apartment buildings would have 72 units and 120 parking spaces. 4. That parking spaces could be increased but they preferred to keep the green area. 5. That a road that would pass city code would go from 38 Avenue to 35 Avenue on the East of the property and would be dedicated. 6. That there would be no problem with utilities and no problem for police or firemen. 7. That this development would eliminate the problem of a vacant area and be a benefit to all of Wheat REge. 8. That surrounding land use was a senior citizens home, a church, a greenhouse and houses. 9. That a map of elevations showed the property to be higher on the Southwest corner dropping to the East and North and that drainage would go to 38 Avenue. 10. That an eight inch drain would go to the storm drain. 11. That one apartment building and the nursing home faced each other. He presented a picture of the area as it now looks and petitions signed by forty people who were residents of Wheat Ridge who live in or had visited Christopher House Nursing Home who favored the proposed development as being needed and ideal. Also speaking in favor of the proposal were: Mr. Stuart Boulter of 16 Avenue and Raleigh, Administrative Consultant from St. Anthony's Hospital who spoke of a transfer agreement between St. Anthony's and Christopher House and also Lutheran Hospital. He said that as a representative of St. Anthony's that he found Christopher House to be excellent. Dr. Gerald Marsico of 3940 Balsam, Mr. Liley's partne~ who said he would like the opportunity of living up to the good name that Christopher House has. Mr. _Michael B. Coyne of #701 at Highland West who stated he could picture a yard, flowers and quiet neighborhood and objected to the weeds on the property at the present time. -3- Ald~rma~ Howard asked if a release of property already committed was necessary before reuse. Maurice Fox, City Attorney answered that if first approval was granted a Board of Adjustment hearing and approval would be necessary before the next hearing. Speaking in opposition to the proposal on behalf of people living in the neighborhood was Lucille Tomppert of 3675 Marshall Street who presented to Council petitiorn containing signatures of 306 residents. She also presented copies of her prepared statement which she read and which included the following points: 1. That when Highland West was built Jefferson County re- quired 5.5 acres (of the 8.4 acres) owned by the United Presbyterian Assn. to be kept as supporting land. 2. That twice the Assn. tried unsuccefffully to have the county set the requirement aside. 3. That Wheat Ridge adopted the county requirements. 4. That the present proposal is to sell for development not only the unused portion but also 2.6 acres of the used or supporting land. 5. That this involves extreme non-conforming use. 6. That the existing non-supporting land is 2.9 acres and would allow eight multiple units on Residential-Three and eight doubles on Residential-Two. 7. That Mr. Liley proposes to buy 5.5 acres, to dedicate approximately one acre as a street and to build a five story, 240 bed nursing home, two - thirty-six unit apartment houses and a parking lot "comparable to a shopping center." 8. That this is in an area mostly zoned for low density. 9. That this proposal of a high rise and density complex is incompatible with the existing single family residences. 10. That drainage, already a problem on Marshall Street, will be aggravated unless water goes to 38 Avenue and also that a 10 inch line on 38 Avenue is now overloaded. 11. That other circumstances that may be problems and/or points that should be considered are: Vast amount of blacktop for parking, Possible overloading of sewer system, Overcrowding of schools, Pollution generated from density traffic, Added responsibility for fire and police departments, and The effect of a high water table on a high rise structure. 12. That a number of families had checked when buying in the area and relied upon the low density zoning to protect them from future high density development on the Residential-Two property. A copy of the complete statement is in the general file under "Citizens Comments - Rezonings." Also speaking in opposition was Mr. Kenneth Adams of 3505 Marshall Street, a professional engineer who stated: 1. That a 240 bed nursing home was equal to 100 ~artment units or conservatively to 85 units which added to the 72 apartment units makes the equivalent of 157 apartment units and equals 1,250 square feet of land per ~artment equivalent or a density of 35 units per acre. 2. That most ~aratments in the area are based on 2000 square feet of land per unit and that the typical home on Marshall Street is on 16,000 square feet. 3. That 35 units per acre is comparable to density in the Capitol Hill section of Denver and not compatible with the area for which it is planned. 4. That the plan is excellent but with the crowded conditions could become an unwholesome area. 5. That Highland West is a non-profit operation but that the nursing home probably would not be. 6. That if weeds are objectionable to Highland West residents, the owners of record could remove them. -4- 7. That the Planning Commission had voted for denial. Whea~~Eg~ Fire Chief Jack Willis said that the Fire Department neither favored nor approved the1Proposal. A show of hands revealed that of those present approximately half favored and half opposed tha proposal. Motion by Alderman Bramble: "I move that WZ-70-08 be tabled for one week and a decision be rendered in this room at 7:30 p.m. on April 15, 1971." Motion was seconded by Alderman Donaldson and passed 5-0. WZ-1J:::.9-.2..Hezoning Case was heard. Applicant Pearl Walsh of 6055 West 46 A~BR~e requested a change from Residential-Two to Restricted- Commercial to erect a dental office on 16,815 square feet. Robe~t Bar~ of the Planning Department said the following factors should be considered: 1. The Comprehensive Plan shows area to be commercial. 2. Rezoning would improve current land use. 3. Due to topographic features, i.e., 200to 300 slope, reconstruction of dwelling may never occur. 4. Restricted-Commercial is basically for professional occupations and might preclude problems related to land use such as drainage. 5. The Planning Commission recommended approval on the basis of surrounding zoning and land use. The surrounding zoning is as follows: "to the North is commercial, South is vacant and commercial, East is commercial and it would serve as a buffer between the commercial areas and the residential area to the West." Mr. _Edward~lmon, attorney, of 2004 Security Life Building represented the applicant who was not present. Mr. Almon stated that the two doctors who proposed the clinic were present, that the lot was 95 feet by 177.4 feet, and that due to the fact that his client was an invalid the prop arty would remain rental property if not rezoned. He presented a petition in favor of rezoning signed by fourteen neighbors, and pictures of the present structure on the property, the car wash to the East and the parking lot of the theater to the North. Speaking in opposition was: Mr. Richard Woodard of 4620 Jay Street who presented a petition with signatures of 28 people who opposed the rezoning. He said only one refused to sign of those asked. He stated: That the corner of 46 Avenue and Harlan is unsafe and will be more so, That increased commercial will have an adverse effect on the residential properties, That use is not a question, That people maintaining residences object to commercial penetration, That so far all the commercial fronts on Harlan and they would like to keep it that way, That the house on the property is livable and there is a com- mercial lot available across the street, And any increased commercial makes it harder to maintain a residence in the area. Motion by Alderman Pepe: "I move that Case WZ-71-05 be continued to April 15,1971 and a decision be given here at 7:30 p.m. on that date." Motion was seconded by Alderman Hulsey and passed 4-0 with Aldermen Bowling and Bramble not present. Ordi~?~ce ~2..-22 was brought up for second consideration and the title read. -5- Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 4-0"that the reading of the balance of the Ordinance be dis- pensed with." Motion by Alderman Pepe: "I move that Ordinance No. 77 pertaining to Improvement District No. 9 be passed on second reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 4-0 with Aldermen Bowling and Bramble absent. Q~~in~~g~N~_-12 was brought up for second consideration and the title read. Motion was made by Alderman Pepe, seconded Alderman Donaldson and passed 4-0 "that the Clerk dispense with reading the Ordinance." Motion by Alderman Howard: "I move that Ordinance No. 79 pertaining to the City Seal be passed on second reading and be published and posted." Motion was seconded by Alderman Donaldson and passed 4-0 with Aldermen Bowling and Bramble absent. Ordinance ~~80 was brought up for second consideration and the title read. Motion by Alderman Donaldson, seconded by Alderman Pepe and passed 3-1 "that the Clerk dispense with reading the Ordinance." The "nay" vote was cast by Alderman Hulsey. Motion by Alderman Donaldson: "I move that Ordinance No. 80 pertaining to the Lena Gulch Flood Plain be passed on second reading and be pub- lished and posted." Motion was seconded by Alderman Pepe and passed 4-0 with Aldermen Bowling and Bramble absent. Meeting was adjourned at 11:40 p.m. J -? -/' .~-;;'h12~ ;I ~+7u-J VCO"uise F. Turner City Clerk ^ ""r()\'rd b7 _ /' /:s- /7/