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HomeMy WebLinkAbout06/08/1971 MINUTES June 8, 1971 The one hundred and eleventh regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen attending were Dana Bowling, Jack W. Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray C. Pepe. Others attending were Mayor Anderson, Clerk Louise Turner, City Attorney Maurice Fox, applicants and attorneys present for hearings and interested citizens. A Public Hearing for the transfer of ownership of the beer and wine license of Los Panchos Restaurant was held. Complete pro- ceedings were recorded by Court Reporter Harve Clements. The applicants and their attorney Issac Kaiser were present Motion by Alderman Howard "I move that the existing beer and wine license at Los Panchos Restaurant at 6351 West 44 Avenue be transferred into the names of Beatrice Juarez and Olga Sepulveda." Motion was seconded by Alderman Hulsey and passed 6-0. WZ-71-11 Rezoninq Case was heard. Applicants M.M. and A.L. Bacher requested a change from Residential-Two to Agricultural-One on one acre on 44 Avenue - Pierce Street to Quay Street to build a greenhouse. The Comprehensive Plan shows low density residential. The change would actually be a down~rading in zoning. It is a non-conforming use and has been used for agricultural use for a period exceeding twenty years and the construction of a green- house would only cause a structure to be built. A greenhouse is allowed only in Agricultural-One and Agricultural-Two Districts. The fact of the placement of the Agricultural-One District is such that it is not adjacent to any other property except that owned by Mr. Bacher The Planning Department recommended approval. The Planning Commission recommended approval for the following reasons It is in keeping with present use, Wheat Ridge is a greenhouse oriented City and there was no opposition. The applicants Mr. and Mrs. Bacher of 6815 West 44 Avenue were present and were represented by Attorney George A. Holley of 4315 Wadsworth. Mr. Holley explained the dimensions and placement of the area to be rezoned and placement of the greenhouse on it and stated 1. That one acre is required to build a greenhouse. 2. That the same owners had held the land prior to 1945. 3. That the use had been agricultural continuously since before the blanket rezoning in 1946. 4 The property is used for the residence of the applicants and for raising of and selling from the front of vegetables, flowers and bedding plants. It has been general farming purposes. 5. There are deeded streets on three sides. The south half of 45 Avenue is not deeded. There is a ditch in that area and Mr. Bacher would like to continue the use of the south half of 45 Avenue for the balance of this year. 6. That a deed could be prepared for the south half of 45 Avenue by the following day and also one for Quay Street if necessary. 7. That the parcel is well kept and that plants contribute oxygen. 8. That if rezoned the use would be conforming Mr Barr stated that maximum height is sixty-five feet and maximum size possible is limited only by setback regulations -2- No one appeared in opposition Motion by Alderman Bowling "I for decision on June 17, 1971." Howard and passed 6-0. move that Case WZ-71-11 be tabled Motion was seconded by Alderman WZ-71-12 Rezoning Case was heard. Applicants A.L. and M.M. Bacher requested a change from Residential-Two to Restricted-Commercial on the north side of 44 Avenue between Pierce Street and Quay Street for retail sales of potted plants etc. Robert Barr of the Planning Department said the following should be considered 1 The Comprehensive Plan shows comm8rcial and low density residential. 2 This parcel borders Restricted-Commercial-One or Restricted- Commercial on two sides and the remaining bordering property is owned by the owner of record. 3. There are no residences except the owners bordering said parcel. 4. Drainage and traffic are not of consequence with the drainage main adjacent to subject parcel and traffic lighting is cur- rently installed at 44 Avenue and Pierce Street 5. The Planning Department recommends approval. The Planning Commission recommended approval because '~.It is good zoning because the attendant usage is of such a nature of raising plants and 2. It is in an area where Restricted-Commercial is good zoning because of the surrounding existing zoning." Mr. Barr gave the dimensions as 200 feet north to south on Pierce Street, 90 feet on the west side and 216 feet on 44 Avenue. Attorney George A. Holley representing Mr. and Mrs. Bacher stated 1. Property lies south and east of that in WZ-71-11. 2 Zoning across 44 Avenue is Restricted-Commercial. 3. Three corners are commerclalized as to use. 4. Structure to be for commercial use would be in front of and adjacent to the greenhouse. Dimensions would be 30 feet by 66 feet and it would be used for selling plants and related items. 5. Sixty feet which is ample is allowed for parking 6. Restricted-Commercial would be good zoning for the rest that is included in the request for Restricted-Commercial, and 7. That Mr. Bacher would continue to use it until such a time as he would turn it over to his son. No one appeared in opposition. Mr. Holley in summary of the two requests together stated That the property is in top shape, that by good management the property is green spring, summer and fall, the rezoning, if granted, would increase the livelyhood of Mr. Bacher and his son, though not planned now, the greenhouse could be added to later, the zoning would be proper in respect to the rest of the neighborhood, a non-conforming use would become conforming and the highest and best use is the present use Motion by Alderman Bramble "I move that Case WZ-71-12 be tabled one week for decision on June 17, 1971 at 7 30 p.m in these chambers." Motion was seconded by Alderman Bowling and passed 6-0. WZ-71-13 Rezoning Case was heard. M.L. Gearhart of 4375 Moore Street requested a change from Agricultural-One to Residential-Three for multiple units Mr. Barr of the Planning Department said 1. The current land use plan shows low density residential. 2. The property contains a single family structure. 3. Majority of construction on Moore Street is multi-family. 4. Maximum would be five units plus the existing single, and the Department recommends approval. -3- The Planning Commission recommended approval because it would be compatible with the general climate of the area. Mr Barr said the property is 125 feet by 150 feet and that if the present structure were torn down nine units might be put on the existing Residential-Three properties surrounding this property. The use is across the street to the east - one-story multiples with one of five units and one of sixteen, to the south is a four- plex and to the north is vacant The applicant, Mr. Gearhart of 4375 Moore Street stated 1. That he had waited to see how the area was going to go. 2. He would put in five now and possibly later tear down the existing house and add the balance of nine. 3. There would be adequate room for parking front and rear. 4. There would be room for cars to go in and out from the rear and 5. It would conform with the rest of the zoning in the area Mr. Barr pointed out that there could be no parking in the front setback area or in the area designated for the single family unit. Motion by Alderman Hulsey "I move that WZ-71-13 be tabled to June 17, 1971 and a decision be rendered in these chambers at 7 30 p.m." Motion was seconded by Alderman Bowling and passed 6-0. WZ-71-14 Rezoning Case was heard. Applicant George A. Holley, attorney, requested a change from Agricultural-One to Commercial-One on the northeast corner of 49 Avenue and Kipling. Area is ten acres plus. Robert Barr of the Planning Department said the following factors should be considered 1. The current land use plan shows low density residential. 2. The parcel extends approximately 750 feet from Kipling Street. The average in this area is approximately 190 feet. 3. In consideration of the Public Service Company right-of- way and 49 Avenue, the total parcel as requested could be developed as any zoning district. 4. It is the opinion of the Planning Department that highest and best land use cannot be shown for the whole parcel. The basis of contiguous zoning (both past and recent) is not valid since the current land use for these differ from their zoning district in con- tiguous areas. 5. It is also the opinion of the Planning Department that this parcel, if developed, should be a Planned Unit Development to insure fulfillment of the intent of Ordinance No.11, Section 1 (Purpose). It also could insure open space perhaps as opposed to all asphalt and concrete. 6. In consideration of the above, the Planning Department would recommend approval of the west 200 feet as Commercial-One but would recommend denial of the whole parcel as Commercial-One unless a Planned Unit Development is initiated. The Planning Commission recommended approval "since this would preclude spot zoning, the area on Kipling lends itself to commercial development, it would prevent spot zoning as it now exists and it would allow for full development of the property." George Holley, attorney, presented an ownership map to be Exhibit No.1 to Council. The map showed the following owners Madison Properties, Jim D. and Elizabeth Helbig, Russell John and Rubye P Heller, Robert L and Ann K Williams, and Public Service Company of Colorado. Exhibits No.2 and No.3 were presented showing maps of specific and general land use. Attorney Holley described the industrial and -4- commercial use5 along Interstate 70 and the acceS5 of Kipling to Interstate 70 He stated the following 1. That rezoning would be general upgrading. 2. That the value of the property became more than the value of the improvements on it 3 That permission had been granted to move ditches (which would be an enormous cost if done by individuals building homes.) 4. That there is commercial to the north and Residential- Three to the rest of the north. 5 That Public Service would allow use on a lease basis if structures were placed so that vehicles cannot damage towers. 5. That a roadway may possibly go in next year to the north. 7. That Commercial-One would constitute maximum use. 8 That 200 feet of Commercial-One as recommended by the planner would not get major stores with parking in front 9. That four parcels in three ownerships made commercial reasonable. 10 That the City is in a fortunate position in that there is a continuous traffic pattern from Ridge Road from Arvada, that there is access from Kipling and 1-70 and 1o~ acres for a shopping communi ty is ideal but zoning is needed to allow the development, and 11 That Commercial-One is the desired zoning. Mr. Barr stated that where there is a traffic problem commercial would tend to intensify it. That there is a rush only twice a day - south in the morning and north in the evening and the shopping trade would provide an increase at other times. Also that the Planning Department would want another 10 feet for public ROW but that additional ROW would help only to the funnel point Mr Holley felt the commercial use would alleviate the traffic problem. No one appeared in oppositon Motion by Alderman Bowling "I move that Case WZ-71-14 be tabled to June 17, 1971 and a decision be given at that time" Motion was seconded by Alderman Hulsey and passed 6-0. Rezoning Case WZ-71-15 was heard. Applicant George Holley requested a change from Agricultural-One to Residential-Three on 404,331 square feet for multiple units from Independence to a point midway to Kipling Street north of 49 Avenue. Robert Barr stated the fOllowing factors should be considered 1 The current land use plan shows this parcel to be low density residential. 2 This property extends approximately 530 feet from Inde- pendence Street. 3 It is the opinion of the Planning Department that highest and best land use cannot be shown for this parcel and said parcel could be used as any residential zoning district. The basis of contiguous zoning is not valid in that the uses of these zoning districts are not being utilized as the uses permit 4. If said parcel is developed, it would be the opinion of the Planning Department that it would be as Planned Unit Development. 5. Planning Department recommends denial. The Planning Commission recommended denial "on the basis that firm plans have not been drawn up, and there is a part of the land that is, at best, in the talking stages. Development would lend itself more to a Planned Unit Development because it is the best use of the land, under Residential- Three too many people go to a higher density, and Residential-Three would create an undue burden on services of the City if it is not properly handled." 4'1 ~--k- Mr Barr stated that the dimensions were }6 Avenue on the south, 281.8 feet on the north and 826 feet north to south, that 202 units would be possible and that the reason Planned Unit Development had not been suggested to the applicant was that the application had been made without requesting a recommendation. -5- Frank Callahan, real estate broker, stated That Planned Unit Development is good and avoids speculation but that it did not apply and the applicant felt that Planned Unit Development would be a hardship, that there are delays involved in a Planned Unit Development and that if a good use is being brought in Planned Unit Development is not necessary. Also appearing were Jim Helbig of 50 South 17 Avenue, Brighton who had obtained zoning for 25 acres to the north which is under development now north of the Public Service Company ROWand who was interested in squaring off his property and obtaining zoning for that portion which is south of the Public Service Company ROW. Glen Adams of 4139 South Xavier Way, Denver whose background was in banking and finance and who was interested in putting in "garden-level type apartments". The project would not be for speculation but for people who want a permanent investment. There was discussion of projects which Mr. Adams is undertaking in Littleton, Colorado Springs, Aspen etc. and comparison of Littleton's Residential-Five zoning and Wheat Ridge zoning Mr Adams plans 150 apartments on his property or 200 apartments with the combination of his and Mr. Helbig's. Mr Holley pointed out that there are modest houses to the east with a reservoir behind them and south of 49 Avenue to the southeast is commercial property. Motion by Alderman Donaldson "I move that Case WZ-71-15 be tabled until June 17, 1971 and a decision be rendered at that time." Motion was seconded by Alderman Bowling and passed 6-0. WZ-71-16 Rezoning Case was heard. Applicant George A. Holley requested a change from present zoning of Residential-One A to proposed Commercial-One on 35,000 square feet at 49 Avenue and Kipling, northwest corner for business uses. Robert Barr stated the following factors should be considered 1. The current land use plan shows low density residential 2. The parcel in question extends 250 feet from Kipling and the average distance for commercial is 180 feet or a plus difference of 70 feet 3. There is currently no access corrider to the area bounded by Kipling Street, Miller Street, 49 Avenue, and Public Service Company right-of-way 4. The property is not contiguous with any commercial districts 5. In the opinion of the Planning Department, the depth should not exceed 180 feet from Kipling Street. 6 Planning Department recommends approval of the East 180 feet and recommends denial on the remainder. Planning Commission recommended approval because it is compatible to the development of Kipling Street and it appears to be the best use of the property Mr. Holley, 1 2 representing all of the 300 feet has been set That this property is land owners said by Wheat Ridge in other areas. being held for development for the best use. 3. 4 That 40 feet by 200 feet is not adjacent to commercial property. That a 40 foot strip between this and the Standard Station to properties to the rear which are opposite to proposed allows access commercial. 5. That there is excellent visability. 5. That there are excellent traffic patterns, and traffic is necessary to and often a deciding factor in choice of locations for commercial development. 7. That there are many commercial zonings to the south and southeast and all utilities are available. -6- Applicant is willing to give 18.5 feet of road for acceleration and deceleration lanes but more than one week will be needed to execute the deed. In summation of Cases WZ-71-14, WZ-71-15 and WZ-71-16, Mr. Holley said The proposed zonings are logical, that the Residential-Three to the north and commercial to the south almost commits this land to Residential-Three or Commercial-One in order to have reasonable contiguity. The liabilities of the area are not bad in terms of a large development. That 18.5 feet will be deeded on either side of Kipling, that Arvada will put in a highway soon, and that Public Service Company threw in the entire ROW for access. Mr. Holley said also that the proportions of zoning are proper and this would fit into the surrounding zonings, that what he proposed was the best and only reasonable use of the land and would be an asset to the community Motion by Alderman Pepe WZ-71-15 on June 24, 1971 Donaldson and passed 5-0 "I move the Council render a decision on Case at 7 30 p.m." Motion was seconded by Alderman Maurice Fox, City Attorney, announced to Council that in the matter of a liquor license for Frank Granato, the Colorado Court of Appeals had dismissed the Wheat Ridge appeal and the District Court order stands. Motion by Alderman Bowling "I move that because of the excellent performance of Robert Barr as Acting Planning Director ahd his obvious qualification, and also the increased demand for Planner-Draftsmen, that we authorize Planning Technician III at the same grade as Engineering Aide III, and designate Mr. Barr as Step C from June 1, 1971." Motion was seconded by Alderman Bramble and passed 5-0. The following appointments were made to the Mass Transit Task Force By Alderman Bramble - Mr A.W Tschannen of 9737 West 32 Avenue, and By Alderman Donaldson - Mr. Ben Chastain of 3250 Marshall. Meeting was adjourned at 11 00 p.m. ) ----'" - -./ _/ 1-r.r2-(,(~.:::1_\: T ~~L~L--7'.L<-r ) Louise F. Turner City Clerk ~pproved ~ "?/L/ , ,~?//t 7/ /