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HomeMy WebLinkAbout09/30/1971 MINUTES September 30, 1971 The one hundred and twenty-seventh 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 Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Also attending were Mayor Anderson, Clerk Louise F Turner, City Attorney Maurice Fox, staff personnel and interested citizens Citizen's Comments were made by John McElderr~ of 6 Hillside Drive, who stated that he, William McBride, Charles Hahn and Gerald Rose felt that the time had come to petition for home rule and had become a committee for home rule A meeting will be held at 6 Hillside Drive for those who are interested in circulating petitions which will be presented on the 6th of June, 1972 WZ-71~27 Rezoning Case came up for decision In response to a question Attorney Fox advised Council to refer to recommended use of Jefferson County Land Use Plan rather than "the one adopted after hearing the cass " Motion by Alderman Pepe "I move that Case No WZ-71-27, the application of Madison Properties for a change from Agricultural-One to Planned Unit Development at 4900 Independence be approved for the following reasons 1. The Planning Commission approved with modifications that have been followed. 2 Other developments in the area exceed the density of this one, and 3 This is a fine design as Planned Unit Development" Motion was seconded by Alderman Bowling and defeated 4-2 with Aldermen Bramble, Donaldson, Howard and Hulsey voting "nay" WZ-71-28 Rezoning Case came up for decision. Motion by Alderman Bramble "I move that Case WZ-71-28, a request for change from Agricultural-One at 4650 Kipling be denied for the following reasons (Request was to Commercial-One) 1. Applicants didn't prove reasons it should be changed 2 There was not adequate evidence to show it should be changed to Commercial-One. 3 The opposition was just as great as the reasons to approve it " Motion was seconded by Alderman Donaldson and passed 6-0 The zoning will remain Agricultural-One Public Hearing on WZ-71-22 and the annexation of a parcel at 32 Avenue and 1-70 - the northwest corner was held. Applicant Dwain Richter was re- presented by Attorney Thomas J Carney, of 1717 Washington Street in Golden Attorney Fox stated that evidence for both the rezoning and the annexation might be taken at this time and a Resolution for a Finding of Fact would be considered next week In regard to the annexation petition Attorney Carney stated the petition included evidence showing 1 That the applicant owns 100% of the property involved 2 That no less than 1/6 of the perimeter is contiguous with the City of Wheat Ridge 3. That a community of interest exists between the area and the City of Wheat Ridge 4 That the area will be urban in the future and is now, and that it will not be agricultural 5 That it can be served by services from the City 6 That the area is in undivided ownership Area map and plat plan and drawings of proposed development were displayed ;:-'/ / / / -2- In regard to the Rezoning, Mr Carney stated 1 That the general area will probably be annexed to something, with the exception of the gravel operations to the north belonging to Coors 2 That a Planned Unit Development is difficult on Commercial pro- perty unless leases are arranged in advance because the tenant deScribes the use in contrast to a Planned Unit Development on residential where the developer sets the use 3 In response to the Planning Commission recommendation, it has been amended to Residential-Three-A and the Residential-Dne-A is a buffer 4. That there is really no master plan for the area 5 Tm ten year old county plan does not consider 1-70 6 That a four to six lane high speed highway with an interchange at that point does change totally the character of the area Gravel pits to the north have added to the change 7 Jefferson County assumes it will be annexed and consequently has not revised or reviewed the plan 8. Access stated as not available can be made available 9 Proposal is opposed by Applewood Property Owners Association who are requesting a Planned Unlt Development residential. Opposition is mainly from the west on 32 Avenue 10 The Association as a group opposed Planned Unit Development when it was requested (Association was not unanimous then and is not now) 11 That the Johnson study shows noise decibels to be well above the maximum for residential (Specific reference was made to the Johnson Report) 12 When residential doesn't sell for residential, it no longer is residential. 13 To put houses along I-7o is not feasible. 14 Perhaps apartments would be, but still families would have the noise problem 15 That ~affic is as high at this intersection as at any intersection west of Sheridan except the intersection of Highway 5 and 40. 15. Traffic is not going to decrease with the highway, gravel pits, school buses etc Completion of Highway 58 may provide for some purposes but mainly to and from Golden. There is no way to go directly south from it 17. That Mr Richter will block or cul de sac 33 Avenue if it will help 18 That building is still going on which will increase traffic that goes back and forth on 32 Avenue. 19 Motel traffic will not go back and forth on 32 Avenue, nor will commercial 20 Commercial does exist west of 1-70 at the old Rolling Hills Club. 21 Tests show that a motel is needed 22 John Claus, general manager of Royal Inn has written a letter stating that there is a shortage of motel rooms during summer months, that there are none in Wheat Ridge and that another is needed 23. That two motels would compliment each other 24 That the master plan recommended commercial for highway intersections. 25 That Council's question is whether or not the plan is correct. 26 That Council has the option of the southern part as commercial and the northern part as residential at the time of annexation. 27 That this plan is not speculative, it can be modified if Council likes It is in the best interest of the City, the citizens and the public welfare Applicant, Dwaine R. Richter of 2850 Berry Lane stated 1 That he is a real estate developer, his office is at 12503 West 32 Avenue 2 That he is the owner in fee not option and that he has other freeway property 3 That freeway intersections in Wheat Ridge other than at Wadsworth is ideal for development 4 That an area such as 32 Avenue and I-70 attracts national companies i e Wool co and Rexall as well as tourists 5 That the area proposed for annexation consists of 4 parcels, some of which were bought from the bank following foreclosure 6 The former owner had requested rezoning because lots were not selling as residential. Request was tabled because Commissioners were reluctant to / ~ -3- increase land values when condemnation for freeway acquisition was about to take place 7 The noise level reaches 90 decibels on the A Scale when gravel trucks go by, which far exceeds the recommended 50-55 for residential areas 8. The plan as proposed calls for A A Residential-Three-A area for 20 apartments or town- house units and a Residential-one-A house as a buffer. A soUd fence with perhaps a variance for additional height and mature trees. Bond would be posted to insure landscaping Street would be dedicated B. A mid-height, 7 to 8 story motel east of the apartment area and C South of it a retail type development Locations of The above Band C could be interchanged with the flexibility of commercial zoning instead of Planned Unit Development 9 That a former request for Planned Unit Development for 117 units was presented to the County 2 years ago. It was approved by the Planning Commission, opposed by the Applewood Association and denied by the Commissioners 10 That a community of interest exists between this area and Wheat Ridge Annexation would be beneficial to the area in question because of the manner in which the City is run, the responsiveness of the Council, and the stability and financial responsibility of the City, and 11 Annexation would be beneficial to the City from the standpoint of the size of the City and limited area for commercial zoning, that there would be property tax to the City in the estimated amount of $5,450.00 per year, and sales tax in the estimated amount of $35,500 00 per year. Also speaking in favor of the rezoning was Eugene Bowes of 818 17th Street, Denver whose business is "Valuation Counselling of Land Use" or land use advice He stated 1 That proper use complements the neighborhood, protects values, has reasonable acceptance and support and is successful 2. That at the time the highway purchase was being planned, it was felt that Youngfield to a depth of 450 feet would be commercial in 8 to 10 years time It was felt that the western side would be commercial in the sense of motels and office buildings, but not retail stores in 5 to 10 years 3 That over 800 feet of the proposed area adjoins the service road and roughly 300 feet borders 32 Avenue 4 That noise levels are high and neither commercial nor apartments will increase them 5. That traffic rate is 11,000 cars and trucks per day, and increasing at the rate of 100 per day County is considering widening the street from 50 to 80 feet and some land has been purchased 5 That motels but not retail stores can be supportive at this time The motel across the way is successful and owners feel similar use across the highway would be beneficial to both. Retail use when it comes in 4 or 5 years will not be a large center as the one across the highway. No service stations are planned It is too early for food and drug stores, with 6 others presently within the 1% mile radius 7 That proper use should include the following - a solid fence and planting where it abuts the single family homes, 33 Avenue should be im- proved to the service road and when it has developed the offset strip of Zinnia and 33 Place east to the service road should be dedicated At this point proper use would include vacation of the deeded half of Zinnia Street 8 Assuming these road details are accomplished, the areas then become 1 463 acres for apartments, 2 269 acres for motel, .28 acres for Residen- tial-one-A and 4.352 acres for remaining commercial or a total of 8 382 acres. Speaking in Opposition was Louis Bruno, attorney, at 14050 Foothills Circle appearing not in legal capacity, but as president of the Applewood Property Owners Association He said the Applewood area includes from Clear Creek and 1-70 south to 26 Avenue, 26 Avenue west to Eldridge, south to 20 Avenue and west to the hills and that the Board of Directors of the Association representing 400 families or 1450 people opposed the rezoning He said the board is responsible to the people most affected, but not limited to those contiguous /' -4- Arguments presented by him included 1 550-590 signatures on petitions had been presented to the Planning Commission, some of these were from east of Voungfield 2 That there is no necessity for commercial forms that are already adequately served in the vicinity at 38 Avenue and Kipling - 34 Avenue and Voungfield - and 20 Avenue and Voungfield and in between These ser- vices include food, drug, liquor, cleaning and especially gas stations of which there are 17 to 18 between 20 Avenue and 38 Avenue on Voungfield 3 There are no commercial operations west of Voungfield until Coors, all is single family residences - $35,000 to 40,000.00 homes 4 That the Planning Commission recommended Planned Unit Development on the whole plan not just on townhouse area. S If property is rezoned and annexed the applicant is not bound by the plan 6 There is a safety factor with children walking on 32 Avenue to and from Manning Junior High and the elementary school 7 The 11,000 traffic count is accurate and commercial will add to the present traffic problems 8. The county is willing to delay widening 32 Avenue until Colorado Highway 58 is completed because this will absorb much of the 11,000 cars per day and will reduce trucks A cloverleaf is planned at McIntyre which will provide better access to gravel pits. 9 Count is only 6,000 cars at Rolling Hills 10 With Woolco etc on the east side of Voungfield, small shops won't be successful, taxes will come in only if it is successful and that is several years away. 11 The interpretation of the motel letter is misleading. A motel would better be placed at 20 Avenue where commercial now exists 12 Traffic will go through the residential area north of 32 Avenue. 13 A 7 to 8 story building will be the largest structure in the area and doesn't conform to present use of area 14 Area is adequately served by motels. 15 Some city will annex this area, but to annex it piecemeal is not advantageous The City will be furnishing all services to an isolated area west of the highway. 15. Mr. Richter's reasons for wanting to annex are sound, past Tezonings have been denied Mr Bowes said it will be 8 to 10 years for successful commercial 17 That the Association wouldn't approve commercial even in a Planned Unit Development, that single-family houses are not feasible abutting the highway. 18. The Association would like to see a Planned Unit Development of townhouses at the rate of 14 units per acre. 19 It has no objection to the annexation of agricultural land, but opposes the plan to rezone It probably would not object to a high density residential townhouse plan. 20 The former plan for high density was approved by the people north of 32 Avenue andd opposed by those to the south. Now, the people are unified against commercial. In answer to the question "Would annexation or incorporation of Applewood preclude commercial?" Mr. Bruno stated if Applewood were to incorporate the area in question would obviously be commercial because there would be no other base Also speaking in opposition were Arthur Brunte of 13167 West 33 Avenue who said he lives in the house next to the Residential-one-A spot and 1 That this is and should be a cul~e-sac area 2 That traffic will bottle up in the residential neighborhood and be dangerous to children walking and on bikes. 3 That nine houses have been sold in the cuI de sac area and that there are large houses on the Valley Highway near Evans 4. That the residential lots several years ago didn't sell because of a raise in prices. Residents fought the Residential-Two rezoning bid and beat it / / / /~-/ -5- 5 That the previous Richter proposal was for a service station, a 7-11 Store and apartments This also was defeated by the neighborhood. 5 That Wheat Ridge children cross to go to school at Manning and Maple Grove Schools and ther were 11 accidents in the intersection last year 7. That the people are in opposition to commercial and would favor a Planned Unit Development And D M. Peters of 3100 Zinnia Court, a realtor, who said the proposal is not good for the people or for the property, that people will object to a 7 story building, that there are too many service stations, that land can be sold as residential and that he recommended a definite plan for townhouses Alderman Howard requested a show of hands of people present who lived in the houses immediately against the property. Mr and Mrs. Arthur Brunte of 13167 West 33 Avenue were present Mrs Brunte explained that many were attending back to school night at Manning. Motion by Alderman Pepe "I move that Case WZ-71-22 be taken under advise- ment for one week and render a decision and make a Finding of Fact on the annexation at that time." Motion was amended to read "for three weeks and render a decision and make a Finding of Fact on the Annexation on the 21st day of October 1971 " Motion as amended was seconded by Alderman Donaldson and passed 5-0 Public Hearing was opened for purpose of assessing expenses in the destruction of a condemned bUilding at West 32 Avenue against the property No one was present. Building Inspector Jack Prose stated a hearing had been held on March 25, 1971 Certified letters to the owner Daniel Verges had been returned unopened City Attorney Maurice Fox directed the Clerk to notify the Assessor's Office in the matter of assessing the amount of $625 00 on the tax roles Ordinance No 95 pertaining to a one cent increase in the cigarette tax was introduced by Alderman Donaldson and read Citizen's Comments were made by William Mc Bride of 4240 Iris Court. E.D. Mattox of 4050 Zephyr William Poltera of 3880 Dudley owner of Prk N Pik Liquors and David Perry of 4015 Ammons owner of Lakeside Liquors. Concensus of opinions was that an increase in the cigarette tax would be detrimental to sales of cigarettes and other related items in the City causing more people to go to Lakeside and other areas where there is no tax Finance Officer Walter Grande stated that $41,000.00 would be expected from the one cent increase Motion by Alderman Howard "I move that Ordinance No 95 as introduced by Alderman Donaldson be passed on first reading and be published and posted " Motion died for lack of a second. Ordinance No 87 (pay scale) was brought up for second consideration and the ti Ue read. Motion was made by Alderman Pepe, seconded by Alderman Bowling and passed 6-0 ''that the Clerk dispense with reading the remainder of the Ordinance" Motion by Alderman "that Ordinance No Ordinance shall be Hulsey, seconded by Alderman Bowling and passed 5-0 87 be amended by the addition of 'Section 5. This subject to Federal Guidelines in force '" Motion by Alderman Pepe, seconded by Alderman Bowling "I move that Ordinance No 87 (pay scale) be passed on second reading as amended and be ordered published and posted" Motion passed 6-0 -5- Ordinance No. 88 lpeTtaining to 1972 pay scale) was brought up for second consideration and the title read Motion by Alderman Hulsey, seconded by Alderman Donaldson and passed 6-0 "that the Clerk dispense with the reading of the Ordinance." Motion by Alderman Donaldson and seconded by Alderman Pepe Ordinance No. 88 be amended by the addition of 'Section 13 shall be subject to Federal Guidelines in effect.'" Motion "I move that This Ordinance passed 6-0 Motion by Alderman Donaldson III move that Ordinance No. 88 pertaining to pay scale be passed on second reading as amended and be ordered published and posted" Motion passed 6-0 Ordinance No. 89 (setting the salary of the Clerk and Treasurer) was brought up for second consideration and the title read. Motion by Alderman Hulsey, seconded by Alderman Donaldson and passed 6-0 "that the Clerk dispense with the reading of the Ordinance." Motion by Alderman Bowling, seconded by Alderman Hulsey and passed 5-0 "That Ordinance No. 89 be amended by the addition of 'Section 6. This Ordinance shall be subject to Federal Guidelines in effect ,,, Motion by Alderman Pepe "I move that Ordinance No 89 setting the salary of the Clerk and Tr3asurer be passed as amended on second reading and be ordered published and posted." Motion was seconded by Alderman Hulsey and passed 5-0 Motion by Alderman Howard "I move that the Treasurer be authorized to pay the supplemental premium of $9,705.00 to the Gallaher Agency for automotive insurance until September 1972 to be charged to Account No. 503 " Motion was seconded by Alderman Hulsey and passed 5-0 with Alderman Pepe not present Motion by Alderman Hulsey "I move that the Park Land agreement contract be approved and the Mayor authorized to sign the contract." It was explained that approval of the contract would allow Wheat Ridge to get the money from Federal Funding Motion was seconded by Alderman Donaldson and passed 6-0 Resolution No 141 intended to give the City's blessings to the merger of two fire departments was introduced by Alderman Bowling and read. Motion by Alderman Pepe "I move that Resolution No. 141 be adopted " Motion was seconded by Alderman Donaldson and passed 6-0 Alderman Hulsey requested that day with items being added on the day of the meeting Final Agendas should not be changed day to to the final Agenda Meeting was adjourned at 12 30 a m. (;) / - ClA/vr~ ,1- ~.Qt.J Louise F. Turner City Clerk -7" ~ 1\ i.~ t ~/l /,tl /~ / ;/