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
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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.
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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
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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."
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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.
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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.
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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.
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Louise F. Turner
City Clerk
~pproved
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