Loading...
HomeMy WebLinkAbout05/27/1971 MINUTES May 27, 1971 The one hundred and ninth regular meeting of the Wheat Ridge City Council meeting was called to order at 7 30 p.m. by Mayor Albert E. Anderson at 7390 West 38 Avenue. Aldermen attending were Dana Bowling, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Alderman Jack Bramble was absent Also attending were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, students from Wheat Ridge High School, applicants present for hearings and interested citizens. Shelly Allen briefed the Council on the activities of the Wheat Ridge High School Ecology Action Committee, presented a letter to Council on behalf of the Committee and with it a check for $1,000 00 for acquisition of land along Clear Creek from the students of Wheat Ridge High School Resolution No School Ecology and read 124 commending the students of the Wheat Ridoe High Action Committee was introduced by Alderman Donaldson Motion by Alderman Hulsey "I move that Resolution No 124 be approved." Motion was seconded by Alderman Bowling and passed unanimously by those present Mayor Anderson expressed appreciation to the members of the Ecology Action Committee on behalf of the City and copies of the resolution were presented to the students present A Public Hearing for the transfer of a fermented malt beverage carry- out license for Rally S S was held. Applicants Mrs Pauline Deem and Mrs Carolyn Carone were present and were represented by Attorney Michael C Villano Motion by Alderman Howard "I move that the carry-out Fermented Malt Beverage License at Rally S S at 4075 Kipling Street be transferred to the applicants - Mrs. Pauline Deem and Mrs Carolyn Carone." Motion was seconded by Alderman Hulsey and passed 5-0 Alderman Bramble was absent WZ-71-o6 Rezqning Case came up for hearing. Applicant Calvin Bacon requested a change from Residential-Two to proposed Planned Unit Development at 4605 Kipling Street. Proposed use is for multiple units Mr Bacon and two of the four land owners were present Mr. Fox, in keepinq with previous rulings that no case can be heard without the land owner or his attorney present, ruled that this case could not be heard unless the portion owned by Mr. and Mrs. Lee Hartz who were not present was excluded Motion by Alderman Howard "I move that Case WZ-71-o6 be rescheduled for June 24, 1971 at 7 30 p m to allow the owners or legal council for the owners to be present for that hearing." Property is to be reposted and legal notice to the new hearing date to be published. Mr Fox stated that the change of date would not invalidate whatever petitions might have been circulated in the matter Motion to re- schedule was seconded by Alderman Donaldson and passed 5-0 Alderman Bramble was absent WZ-71-o9 Rezoning Case was heard. Applicants Lee and Harold Kunz re- quested a change from Agricultural-One to Industrial-Three for a light industrial park on 7 1 acres at the northwest corner of Robb Street and the 1-70 Service Road. Mr. Lee Kunz was present ~ -2- Mr Robert Barr stated that the Planning Department felt the following factors should be considered 1 The Comprehensive Plan shows this parcel to be low density resi- dential 2 The trend in the area Northwest and Northeast of subject property has been to industrial use 3 Industrial-Three is the most restrictive of the industrial uses 4 If possible, the Planning Department would recommend a Planned Unit Development for this parcel to insure proper development. 5 Careful consideration must be given in this area to insure a viable and beneficial area. The Planning Commission recommended approval because "Industrial-Three is the most restrictive of industrial uses, it is in the proper area of our city for industrial uses, and it would not create traffic congestion " Mr Kunz stated 1 That this would be an upgrading of the present zoning because the Agricultural-One zoning allows greenhouses, arenas and dairy farms 2 That he and his brother intended to retain ownership. 3 That their own offices would be in it 4 That possibly they had one national tenant already. 5 Most buildings would be prefabricated steel 6 One building would be a focal point with a fountain and three flag poles 7 Trees and indirect lighting would be used. 8 That they are willing to put in restrictive covenants. 9 That there will be screening of storage areas and will be nothing offensive 10. That this development will be an upgrading in every respect 11 That one should listen to the Planning Department because it has knowledge and is objective 12 That it is logical to have industry along the interstate and near the railroad 13 That it should not be confused with undesirable industrial development 14 The Planned Unit Development is not practical in an industrial property because it precludes a change of owners and a developer doesn't know what size a future tenant will want. Speaking in opposition, on behalf of the recently formed Fruitdale Civic Association was Michael Ritz of 5115 Swadley who presented petitions opposing the rezoning signed by 294 of the 347 people living in the area and who stated 1 The rezoning would not be in the best interest 2 This would be spot zoning since there was no contiguous industrial zoning 3 Ingress and egress were inadequate - Robb Street is not paved in spots 4 Kipling is the only ingress and egress and is already overloaded 5 Comprehensive Plan shows low density residential 6 Fruitdale Civic Association would like the area which is now residential to stay residential 7. The Master Plan has not yet been approved. 8 The property could be sold. 9 Elected officials should be responsible to the people and in this case 85% oppose this rezoning. 10 Railroad development as it is known in other cities is not desirable It was established that the boundaries of the Fruitdale Civic Association are Kipling to Ward Road and Clear Creek to 52 Avenue and that only two of the persons who passed petitions were not present Petitions were accepted and numbered "1" through "21". Also speaking in opposition were -3- Gerald Birney of 10660 West 48 Avenue who objected to the Planning Commission statement that proper use of the lcation is industrial and stated that this was a nice residential community with a good tax base and should be for families with no greater density than Re- sidential-Two would be desirable for the people in the area, and that they did not feel that industrial in this area would be a bett- erment to the City And Ivan Haun of 4900 Robb who was opposed to setting a trend that can't be reversed He said that residents don't know what the zoning will be in six months and the people who have it under use now and are paying taxes on it should be considered, that the best use would be Residential-One or Residsntial- Two, that a buffer isn't needed because the area in question is separated from the bottle plant area by the Public Service Company ROW He mentioned the statute - Chapter 139, Article 59 - which says if 20% of the residents oppose a rezoning that it ta~es a 3/4 vote of Council to pass it He also stated that maintaining the rural character of the area and preventing premature urban development, a concern of officials in another area, was important here also Motion by Alderman Howard "I move that be continued for one week and a decision night June 3, 1971 at 7 30 P m in these seconded by Alderman Donaldson and 5-0. present Rezoning Case WZ-71-o9 be rendered next Thursday chambers" Motion was Alderman Bramble was not WZ-71-10 Rezoning Case was heard. Aubrey L Fleming requested a change from Residential-Three to Commercial-One on 045 acres (or 1,974 square feet) at Sheridan Blvd for lumber storage Mr Robert Barr of the Planning Department said that the department recommends approval and the following factors should be considered 1 Comprehensive Plan sho~ low density residential 2. Area would abut and be used by Woodside Lumber Company 3 Rezoning would not affect existing dwelling nor cause secondary problems The Planning Commission recommended approval because it is compatible with the area, it is the best use of the land, there would be no additional traffic problems, and it does not change the neighborhood to any degree. Mr Barr said this involved a 21 foot strip and after removing it there is still adequate land at 3829 Sheridan for its present use. Mr Fleming of 3829 Sheridan, the applicant, said that on the West is commercial, 11 feet of the 21 feet to the North is commercial, 11 feet of the 21 feet to the South is commercial, to the East is his residence, the 10 feet on the North and South adjoined residential belonging to neighbors who were not concerned and not present Also speaking in favor of the rezoning was Larrv Schutt of 2555 Cody Court, manager of Woodsider Lumber Company, who stated that the area though small would be helpful to the lumber company, it would be used for storage and access would be through the Lumber Company. Speaking in opposition were Mr Walter Stites of 3857 Sheridan who owned a double and felt the rezoning would cut off the view and lessen the desirability of the double, and ten nt f Mr. C J Keister of 3851 Sheridan,^~he ~ouble owned by Mr Stites who objected to noise from the lumber company and felt that a fire hazard might be possible Clarification was made by Mr Barr the the property adjoining Mr Stites' property is already Commercial-One and that the property to be rezoned is next to it / -4- Motion was made by Alderman Donaldson, seconded by Ald8rman Howard and passed 5-0 "that th8 rezoning be continued to June 3, 1971 and a decision be rendered at that tim8 " WV-71-o4 Vacation request was heard The reQU8st involved a portion of"47 Avenue and Route Street in Karelin Subdivision The Planning Commission recommended approval. Mr. Barr explained the reason for th8 vacation is that the area is platted for singles and will be replotted for doubles Also that the Planning Commission is holding a quit claim deed for the streets as they 8xist and in the event a new street pattern was not dedicated it would revert to the present pattern The Arvada Fire Department, the Public Service Company, City Traffic Department, Chi8f Pinson of the Police Department and the City Engineer had all been consulted and there were no objections. ~dinance No 86 pertaining to the vacation of streets in Karelin Subdivision was introduced by Alderman Bowling and read. Motion was made by Alderman Hulsey, seconded by Alderman Donaldson and passed 5-0 "that Section 2 be deleted and Section 3 be renumbered Section 2 " Motion by Alderman Howard "I move that Ordinance No 85 be approved on first reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 5-0. Alderman Bramble was not present Meeting was adjourned at 11 DO p.m /) 7 --r- ///)t.-c..:U..--..d,..,.x:. c-~J ~i=Se F Turner City Clerk Approved /':-j 7"" ~ ~..J_ c./)~/ ~ / WHEAT RIDGE SENIOR HIGH SCHOOL 9505 West 32nd Avenue Wheat Ridge, Colorado 80033 ay J..--;" .:--.- I, 71 fro: 'Inp .J.. 1c" 1- i (:'~ \-~itl '"tnUi18il e, J 1 O. l c 1,oon.(iO ['or hP L ~irl rd 0 r Ii ,c1lno , "- i~v ~ ra 0 " I 11'~- ns:? n r "' n:1 . . -1-' on I 0 r ..Irl,--~~k . :;rllJlSl ulon J 1 1:" i-lll "')""1 L1his -j 11 bp m , . , 1)1 --: '1en tho:: Cle .1'" dY'PP1", IlJru -, 1 11F1 G ;;[1.l !. , havp (, I~T2. i l 1 'T 1- st bi i Lee. to r~;:; )j_vt) i ,~ t-; .J.__L, :,. ~n Je'!ll.Lcf jlpt id. r, j .;cho(]l i1h ,c' 1 i..C iCIJ Co l[llitt2C j Cl. ( l~ l ! I I ulc!C