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
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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.
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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.
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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.
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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.
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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.
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VCO"uise F. Turner
City Clerk
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