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HomeMy WebLinkAbout09/09/1971 MINUTES September 9, 1971 The one hundred and twenty-fourth regular meeting of the Wheat Ridge City Council was called to order at 7 30 P m. at 7390 West 38 Avenue by Mayor pro tem Dana Bowling. Othe: Aldermen attending were Joseph Donaldson, Robert Howard, Calvln Hulsey and Ray Pepe. Alderman Jack Bramble and Mayor Albert E Anderson were absent. Others attending were Clerk Louise Turner, City Attorney Maurice Fox, Planning Department personnel and interested citizens. Citizen's Comments were made by Michael Ritz of 5115 Swadley who re- quested that a Public Hearing be held on the matter of a full-time or part-time Mayor. It was pointed out by Council that second reading on an Ordinance con- stituted a Public Hearing WZ-71-29 Rezoning Case came up for hearing Mr. Richard Highdraun, attorney, of 666 Sherman Street representing Applicant Boyd White stated that the option purchaser of the property and his attorney Mr. Joseph Berube were out of town and requested that the case be postponed until October 14, 1971. Motion by Alderman Howard "I move that Case WZ-71-29 be postponed until October 14, 1971 and a Public Hearing be held at 7 30 p.m. in these chambers and that the property be reposted to that effect." Motion was seconded by Alderman Donaldson and passed 5-0. WZ-71-2o Rezoning Case was heard. Applicant Myron E. Sands, the owner of record, requested a change from Residential-One and Agricultural- One to Planned Unit Development for the purpose of multiple units at 10300-10500 West 44 Avenue. Property involved is 19.5 acres. De- velopers of the property would be Lee and Harold Kunz. Mr be Barr of the considered 1 . 2. Planning Department stated the following factors should Comprehensive Plan shows low density and park land. Applicant's plan is for an overall density of 19 units per acre. 3 Clear Creek, 4 There is approximately 3.5 and Discussion is appropriate. acres of open space bordering The Planning Commission recommended denial on the basis that as stated in a Motion by Mr Roesener "It does not conform to the present Comprehensive Plan or to the proposed land use plan, the educational facilities could not adequately support the influx of new students and 44 Avenue is not at this point capable of handling the additional traffic load I would recommend a density in this ares of 10.5 units per acre." This Motion passed 3-0 with two abstinations Mr Barr pointed out that the area is in Travis Subdivision, that the west portion is presently zoned Residential-One and the east portion is Agricultural-One and that information from the various service authorities could be obtained. Darrell Skelton, attorney, of 4380 Harlan Street introduced Lee Kunz who plans to develop the area and who has developed an area at South Wadsworth and Amhearst called "Denver New Gate" the construction and design of which is comparable to that for the proposed Planned Unit Development Lee Kunz stated -2- 1. That environmental interests are demanding better use of the land. 2. That the proposed development conforms with every item of the Wheat Ridge Planned Unit Development Ordinance. 3 That it complies with the Flood Plain Ordinance in that floors are above the level of the 100 year flood as required. 4. That plans were submitted toandapproved by FHA. 5. That in the color diagram displayed, the brown areas were dwellings and light brown were parking. 6. Two for one parking has been rpovided 7. There will be 19 units per acre. 8. 3.5 acres have been designated as and will be given to the City for park land even though 2~ acres of it would have been usable 9. Five additional acres are to be in grass. 10. That the location was chosen because the proposed area is buffered in all four directions 11. That the vacancy rate in Jefferson County continues at 1.6% 12. That there would be a signed and recorded document al- lowing ingress and egress on the roadways of the project, even though ownership would be retained by and all repairs paid for by Kunz 13. That the mill assessment in this area is 105 mills re- sulting in $173,250.00 in taxes on the 5~ million dollar project or $115,500.00 to schools. 14. That by the year 2000 in order to house the existing people, every existing building would have to be duplicated. 15 That citizens would be paying for schools in other areas and that perhaps if there were more children here, we would get schools here. 16. That Fruitdale Sewage bypasses the plant and goes directly into Metro 17. That this would be "a shot in the arm" for the Valley Water Distirct. 18 That, if desired, construction could be exactly as the construction in pictures presented of the Denver Newgate. 19. That the fire department had been consulted as to the radius of turns in the streets 20. That hydrants will be provided as required in PUD ordinances. 21 That recreational facilities within the complex include a clubhouse, a pool, badminton courts and playground equipment. 22. In response to questions from Council in regard to re- ducing the number of units per acre, Mr Kunz replied that it was hard to say, that Government 22104 forms have already been submitted, that it is laid out for 19 and cutting the number would also require cutting down on facilities, that it might be possible to cut to between 15 and 19 but that there was no way to cut down to the 10.5 units per acre re- commended by the Planning Commission 23. That rental rates would be 1 bedroom for $15o/month, 2 bedroom for $175/month, and 3 bedroom for $2oo/month. That in the Denver Newgate project rental rates are 1 bedroom for $175/month, 2 bedroom for $220 to $225/month, and 3 bedroom for $275/month and there are 22 units per acre in that plan. 24. That the project under consideration for Wheat Ridge would have a total of 350 units. Also supporting the project was Frank Callahan, realtor, of 7020 West 38 Avenue who stated that the owner of record had rejected other plans in the past but felt this one was proper for the community. Mr Skelton stated the school and traffic problems already exist and will have to be taken care of whether this project is built or not. He read Section #1 of the Planned Unit Development Ordinance No. 59 which explains the purpose of the PUD zoning and pointed out that the plan presented is in keeping with the intent of the Ordinance. Speaking in opposition were Darwin Brunke of 4750 Oak speaking for the Fruitdale Civic Association He presented petitions signed by 330 residents of the area who were opposed to the rezoning for the following reasons 1. It does not conform to the present comprehensive plan or the future Land Use Plan. 2. Traffic is already congested and the development would add to it. -3- 3. The schools are already overloaded and there are no funds for and no plan to build schools in the Fruitdale area for 1971 and 1972 4. There is n? need for the shopping area that was proposed to su~port the Planned UnIt Development since there are adequate ShoppIng areas nearby. 5. "There has not been shown good reason why this area should be rezoned which was the reason given by the Mayor for a pre- vious denial of rezoning." 6. This development would continue a creeping pattern of unwanted ~igh density development that has been previously and stren- uously objected to by the residents of this area. 7. This development would require a considerable increase in city services. 8. "We agree with those on the City Council who supported the idea in their election campaigns that the city's growth must be 'sensitive to the peoples' wishes. '" 9 Council should preserve the wishes of the people who live in the area, and not those who come in with a profit motive. In answer to questions Mr. Brunke stated he is not opposed to Planned Unit Development as such, but that he felt the best use of the land in question is low density residential. Also speaking in opposition was Gerald Birney of 10650 West 48 Avenue. He said the ratio of the land to be given to the number of units was .01 acre per unit and that the cost of services for the development would be an expense to other citizens. Motion by Alderman Hulsey "I move that Rezoning Case WZ-71-2o be tabled to September 16, 1971 for a decision at 7 30 p.m. in these chambers." Motion was seconded by Alderman Howard and passed 5-0. WZ-71-26 Rezoning Case was heard. a change from Agricultural-One to West 44 Avenue for the purpose of Applicant M.C. Williams requested Restricted-Commercial-one at 11460 building professional offices. Robert Barr of the Planning Department said the following factors should be considered 1. The Comprehensive Plan shows low density residential 2 Restricted-Commercial-one is most restrictive of the commercial districts. 3. Parcel is not directly contiguous to other commercial districts 4. Parking would be a 2-1 ratio and would allow for a building not exceeding 3500 square feet. 5. The use fronting 44 Avenue on the south side of ROW is generally commercial from a point commencing 2100 feet east and 2800 feet west of subject parcel. 5. Planning Department recommends approval. The Planning Commission recommended approval 5-0 because it would enhance the area, it is the best use of the land, there is access to Prospect Park and the building would be constructed to zoning regulations The area proposed for rezoning is 90 X 120 square feet and is adjacent to but does not include the road to Prospect Park. David Deubin, attorney, of 4315 Wadsworth representing the applicant stated That there is circular flow of traffic in and out of Prospect Park with a one-way road in - adjacent to this property and one-way out _ farther to the east. North across 44 Avenue is Restricted-Commercial and north of it is Restricted-Commercial-one. East of the area proposed for rezoning is the applicant's home and east of it is Commercial-One. This is a small portion of the property owned by the applicant and there are no plans to rezone the rest of it. / -4- That the request is for the most restrictive zoning and the most desirable use of the zoning. Mrs. Martha Williams of 11460 West 44 Avenue, the applicant, stated in answer to questions that she had no plans for the rest of the pro- perty and that she intended to continue living there, and that she did not see how she could donate land to add to the park road. Mrs Edith Conrad of 3215 Nelson Court, the option buyer, said She is presently doing business in a trailer at 9459 West 45 Avenue. That she intends to build a building like one at 38 Avenue and Kipling, an "L" shaped building The back of the "L" would be to the other property. There would be 90' on 44 Avenue for an entrance. Building would be brick. There would be proper parking according to zoning. There is a 30 foot setback. If land were given to widen the road it would not allow the necessary room for the building. Other properties available on 44 Avenue were either too large or had undesirable buildings that would have to be removed. Also speaking in favor of the rezoning were William McBride of 4240 Iris Court and Gerald Birney of the Fruitdale Civic Association. Motion by Alderman Pepe "I move that Case WZ-71-25 be taken under advisement for one week and a decision be rendered on September 16, 1971." Motion was seconded by Alderman Howard and passed 5-0. A proposal for an Ordinance to amend Ordinance No. 11 by the adoption of a single zoning map to replace the four maps adopted as part of Ordinance No. 11 was presented. Evidence presented by Robert Barr of the Planning Department included the following 1 1-70 is not shown on the four maps adopted. 2 Three parks and one reservoir have no zoning on the adopted maps and have been zoned Residential-One on the revised map. They are Randall, Panorama and Paramount Parks and Ash Land Reservoir. 3 A small piece of Residential-Two was made Restricted- Commercial because of existing conditions. 4 A twenty foot piece of Restricted-Commercial-one became Restricted-Commercial. 5. A correction was made along Clear Creek in the northeast corner where the creek has changed course. 6. The new map includes Annexation No.1, "It includes new dedications for streets and has been updated " 7 The department would be able to make its own changes and make its own maps Mr. Barr stated that a Motion "For the adoption of the modified zoning map" was passed 5-0 by the Planning Commission. City Attorney Fox said that the Ordinance calling for deletion of the old maps and adoption of the new maps would be acted on next week, Council having considered evidence presented tonight. Motion by Alderman Pepe "I move that this be continued to next Thursday, September 16, 1971 and the City Attorney draft an Ordinance in accordance with the wishes of the Planning Commission and Planning Department." Motion was seconded by Alderman Donaldson and passed 5-0. -5- WV-71-05 Street Vacation was presented. Applicants Clarence and Eva Farmer requested that Reed Street from Rocky Mountain Ditch north to 32 Avenue - a half street - be vacated The other half had been dedicated only south of the ditch approximately 15 years ago and applicants felt it was not likely the street would ever be put in. Planning Commission recommended approval of the vacation John Kreiling of the Engineering Department recommended approval, Public Service Gas recommended approval without an easement, Public Service Electric recommended approval without an easement, Edward Pinson, Police Chief recommended that any ROW deeded in this area should remain. Others speaking in favor of the vacation were Mr. Clark Moder of 5970 West 32 Avenue owner of property to the east, and Robert Dow of 3125 Reed just south of the Farmer property. City Attorney advised that no action be taken on a vacation ordinance at this time, but be delayed one week. He stated that the half street had been dedicated by Mr. Farmer and should it be vacated it would go half to Mr. Farmer and half to Mr Moder according to State Statutes He felt one week would allow time for a quit claim deed to be effected and to assure that the area to be vacated would only go back to Mr. Farmer Motion by Alderman Donaldson "I move we postpone the Ordinance for WV-71-o5 for one week to settle problems on the recommendation of Maurice Fox, City Attorney." seconded by Alderman Howard and passed 5-0. reading of the of deeding, Motion was Motion by Alderman Howard "I move that the Treasurer be authorized to pay Denver Metro Transit $17,352.32 as invoiced from Account 490. I further move that the Treasurer be authorized to pay Denver Metro Transit monthly as invoices are received." Motion was seconded by Alderman Hulsey and passed 5-0. Meeting was adjourned at 11 05 p.m. - =- -.'L ......~ / ./'.--(:--- Louise F. Turner City Clerk ~ '~r " / /