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
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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
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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
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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
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///)t.-c..:U..--..d,..,.x:. c-~J
~i=Se F Turner
City Clerk
Approved
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WHEAT RIDGE SENIOR HIGH SCHOOL
9505 West 32nd Avenue
Wheat Ridge, Colorado 80033
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