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HomeMy WebLinkAbout11/11/1971 MINUTES November 11, 1971 The one hundred and thirty-third 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 present were Dana Bowling, Jack W. Bramble, Joseph M. Donaldson, Robert Howard, Calvin Hulsey, and Ray C. Pepe. Also present were Mayor Anderson, Clerk Louise Turner, Attorney Maurice Fox, staff personnel, applicants and their counsel present for hearings and interested citizens. Resolution No. 149 was introduced by Alderman Bramble and read Motion was made by Alderman Pepe, seconded by Alderman Donaldson and passed 6-0 "that the word 'Jr.' be stricken following the name 'Calvin o Hulsey.'" Motion by Alderman Bramble, seconded by Alderman Donaldson ~hat Resolution No. 149 (pertaining to the lawsuit against the Council, the Clerk, and the Treasurer and the appointment of an attorney for same) be adopted as read" Motion passed 6-0. Alderman Bramble announced that the resignation of Clyde Hobbs, Public Works Director had been accepted. Motion was made by Alderman Hulsey, seconded by Alderman Bowling and passed 6-0 "that Item No. 8 the second reading of Ordinance No. 96 per- taining to Annexation No. 2 be moved up on the Agenda because of the large crowd present for it." Ordinance No 96 was brought up for second consideration and the title read. Motion by Alderman Pepe, seconded by Alderman Hulsey and passed 6-0 "That the Clerk dispense with the reading of the balance of the Ordinance." Mr. Henry Nieto, attorney, representing opposition to the annexation asked if he might present petitions and other information. Maurice Fox, City Attorney, stated that the Public Hearing had already been held and no additional evidence or information should be taken in a matter of zoning or annexation. Motion by Alderman Pepe "I move that Ordinance No. 96 introduced by Alderman Pepe be adopted on second reading and be ordered published and posted." Motion was seconded by Alderman Howard and died in a tie vote 3-3 with Aldermen Bramble, Bowling and Donaldson voting "nay." Resolution No. 150 (withdrawal of fUnd~^E~lUmbia Savings) was introduced by Alderman Donaldson and read. Motion by Alderman Bowling "I move that Resolution No. 150 pertaining to the withdrawal of funds from Columbia Savings be approved as read." Motion was seconded by Alderman Donaldson and passed 6-0. Resolution No. 151 (Empire Savings withdrawal) was introduced by Alderman Bowling and read. Motion by Alderman Donaldson "I move that Resolution No. 151 (withdrawal of funds from Empire Savings and Loan) be adopted." Motion was seconded by Alderman Bramble and passed 5-0. Resolution No. 152 (withdrawal of funds from Midland Savings) was intro- duced by Alderman Hulsey and read. / / // -2- Motion by Alderman Donaldson "I move that Resolution No. 152 per- taining to the withdrawal of funds from Midland Savings and Loan be adopted." Motion was seconded by Alderman Bowling and passed 6-0. Resolution No. 153 was introduced by Alderman Bramble and read. Motion by Alderman Hulsey "I move that Reoslution No. 153 pertaining to withdrawal of funds from Key SaVings and Loan be adopted." Motion was seconded by Alderman Donaldson and passed 6-0. Public Hearing was held for the transfer of ownership of Camelot Liquors to be known as ftJolly Jacksft from Robert Gene Adcock to Jack L. Farrer Sr. and Jack L. Farrer Jr. Both applicants were present and were represented by Thomas Carney, attorney. It was established that the business location is 4141 Kipling, that both applicants had been cleared through the Police Department, that the bUilding had been completed and a certificate of occupancy had been issued and that Council would visit and check the premises prior to the actual issuance of the license to ascertain that construction is in substantial compliance with the plans presented at the original hearing. Motion was made by Alderman Pepe "I move that the transfer of the package liquor license at 4141 Kipling Street from Robert Gene Adcock to Jack L. Farrer Sr and Jack L. Farrer Jr. be approved." Motion was seconded by Alderman Hulsey and passed 6-0. Package 3.2~~~rmented malt beverage license of Safeway Store No. 234 came up for renewal. The Manager James Lung was present. Motion by Alderman Pepe malt package license be located at 5353 West 38 and passed 6-0 "I move approved Avenue." that the renewal of the 3.2% fermented for Safeway Stores Inc., Store No. 234 Motion was seconded by Alderman Howard The renewal of a 3.2 package license for Seven-Eleven Store No. 49 came up for consideration. Elmer Lynch, the current manager was present. Motion by Alderman Howard "I move that the 3.2 fermented malt package retail license for Southland Corporation - Seven-Eleven Store No. 49- District 1821 located at 6595 West 44 Avenue be renewed." Motion was seconded by Alderman Hulsey and passed 6-0. The 3.2% package retail license for Tenneco Store No. 150 came up for renewal. The manager Gary Deems was present. Motion by Alderman Bowling "I move that the fermented malt package license for Tenneco Store No. 150 located at 12700 West 32 Avenue be renewed." Motion was seconded by Alderman Pepe and passed 6-0. Vern Vohaska, owner of Vern's Restaurant was also scheduled for renewal but was not present Motion by Alderman Bowling "I move that the renewal of the liquor license for Vern's Restaurant be on the Agenda on November 18, 1971 unless he appears later this evening" Motion was seconded by Alderman Pepe and passed 5-1 with Alderman Hulsey voting "nay." WZ-71-23 Rezoninq Case was heard. Applicants Harold and Bessie Luebke requested a change from Residential-Three and Commercial-One to Planned Unit Development for apartments at 5550 West 38 Avenue. Mr Barr of the Planning Department said the following factors should be considered. 1 Land Use Plan shows commercial for north portion and low density for remainder of site. 2. The additional site (31,200 square feet) of 24 units causes a density factor of 33 4 units/acre for that site. -3- 3. There would be approximately in the new site A. 1,600 square feet of grass (5% of total area). B. 10,800 square feet of structure (35% of total area.) C 18,800 square feet of parking (60% of total area.) 4. In consideration of the above facts, the Planning Department recommend denial. must Mr. Barr also stated that the following Motion had been passed 3-0 by the Planning Commission "that the request for a Planned Unit Development at 5550 West 38 Avenue be forwarded to City Council with recommendations of denial on the basis that 60% or more is already planned and we don't have any jurisdiction in assisting a plan for that portion that is already built and the density is too high for the undeveloped land that would be included in this Planned Unit Development." Also that the building would be on lots 1,2, and 3, the Planned Unit Development would include all 15 lots, density would equal 33.4 units per acre on lots 1,2, and 3, or a total of 24 units on those 3 lots, density for total lots 1-16 would be 233units per acre and the total number would be 85 units on 3 63 acres. Applicants were represented by Benjamin Loye, attorney of 3785 Marshall Street. Mr. Loye stated 1. Property is in the Anderson Subdivision. 2 The picture shows 61 units in existing buildings and shows the Anderson house which is to be removed. 3 That the total units under a Planned Unit Development would be 85. 4. That from Commercial-One to Planned Unit Development is a downgrade 5. That perhaps Commercial-One such as filling stations or office space would be the highest and best use but that this is an unusual situation and the Luebkes are desirous of continuing the apartment concept and feel that in this instance continuity makes for the highest and best use. 6. In the opinion of the Attorney it would be best for the Luebke's and for the City for the apartment concept to be continued. 7. That the Planning Commission denial was based on the fact that there would be no control over the units already built but that these units could well have been approved under Planned Unit DevelopmeDt 8 The apartments are undersized even for the existing zoning. 9 The area for buildings is 36%. 10. 64% would be open including parking. 11. Parking allowance is two spaces per unit well within the Planned Unit Development limits. 12. The situation is unique. 13. Construction would be compatible, only the density would be increased. 14. It would be comp~t~Rle with public safety. 15. It would do awaYAspot commercial zoning. 15. It would be compatible with the character of the neighborhood and the growth of the City. 17. The pictures on the stand, those passed out to Council and the aerial map were to be exhibits. In answer to a question by Alderman Howard, Attorney Fox said there is nothing in the Planned Unit Development Ordinance that says whether or not existing buildings can be considered and no case in point. Mr. Harold Luebke, the applicant stated 1. That lots 3-16 were Residential-Three and lots 1 and 2 were Commercial-One at time of purchase. 2. That existing buildings complied with county regulations for Residential-Three. 3. That there are two persons per unit in the existing units. 4. That the reason for Planned Unit Development would be to utilize the rest of the land and increase the density. // -4- Frank Callahan, realtor and land appraiser at 7020 West 38 Avenue said that 1. There are units on commercial land on 38 Avenue such as Marla Manor and Marshall Manor at 38 and Marshall, the high rise at 6340 West 38 Avenue, a 6 unit bUilding at 38 Avenue and Jay and some units connected to offices at 38 Avenue and Harlan. 2. Commercial-One to Planned Unit Development is a downgrading. 3. There was a sign up for a commercial buyer for two years and the property did not sell. 4 The legal description shows south of Rocky Mountain Ditch another 1000 feet which would make the total 160,000 square feet. 5. The ditch would be open space. 6. There is a need in this part of Wheat Ridge for this type of unit. 7. 8 9. the present The quality fits in with the residential neighborhood. The cost would be $11-12000.00 per unit. Full amount of the traffic has been on Depew Street, but plan would probably utilize 38 Avenue. In answer to questions, Mr. Barr said the size of lot 3 was 60 feet X 155.4 feet and that reports on water, sewer and fire services are usually shown on the second hearing. Speaking in opposition was Mrs. Clifford Morgan of 7430 West 48 Avenue who said that 5% is a very small amount to be shown as landscaping when many developments show 25% left for landscaping and ecology, and this one shows 35 % for buildings and 60% for parking. Motion by Alderman Bowling "I move that WZ-71-23 be tabled for one week for a decision on November 18, 1971 in these chambers." Motion was seconded by Alderman Donaldson and passed 6-0. WF-71-o2 Flood Plain Exception Request by PCC came up for consideration. James Phillips explained that PCC was the contractor and that Development Properties was the owner. He said in regard to the solution of problems for which the matter had been tabled that the drainage problem to the east of his development would be taken care of by a curb which would be put in according to specifications by Engineer Ken Fenwick. Also, that the problem of the irrigation ditch had been solved by putting polyethelene lining into a flume and that Mr. Walker and Mr. Prose con- sidered this fulfilling his obligation. Ken Fenwick, engineer for Development Properties stated that the fall on the parking lot is 1% and uniform and that only a 6 inch concrete or asphalt curb was needed to keep the water off the property to the east. In answer to the question by Council as to his background, Mr. Fenwick stated he had received a mining engineering degree from School of Mines in 1936 and had worked in hyd~~ics since graduation, in flow design relative to the copper mines in Nevada, and gold mines in South Dakota, that he had been Laramie City Engineer and Jefferson County Engineer and had engineered mountain subdivisions. Mr. Fenwick said that a 100 year flood would equal 6 inches of water in 15 minutes, a 25 year flood would equal 4 inches, that the rate of a 10 year flood would be 10 cubic feet per second. That drainage from the east half would go to the curb and then out to 38 Avenue; that the west half would drain to Quail Street which slopes down to Lena Creek. Mrs. Walter Williams from 11100 West 38 Avenue questioned that a 6 inch curb would carry the water in a heavy rain. She asked why the fence is not on the ground and why the curb couldn't go up to the fence. She said that whatever had been done on the ditch had been done just that day and that lining a ditch with plastic would not work long and was not satisfactory. Walter Williams of 11100 West 38 Avenue said that the ditch had been put in dirt that was placed on branches and lining it with plastic would not work -5- Mrs. Clifford Morgan asked to whom the Williams would have recourse _ the City or Mr Phillips. She was ruled out of order Dr. Paul Abramson asked if the influence of the obstruction on upstream properties had been established. He was ruled out of order. A Finding of Fact pertaining to the special exception permit for Dev- elopment Properties was read. Motion by Alderman Pepe "I move that Council accept the Finding of Fact (Development Properties Flood Plain Request) as read by the City Clerk." Motion was seconded by Alderman Howard and passed 4-2 with Aldermen Bramble and Hulsey voting "nay." Motion by Alderman Pepe "I move that we grant a special exception permit (Flood Plain Request) to Development Properties Inc." Motion was seconded by Alderman Howard and tied in a 3-3 vote with Aldermen Donaldson, Bramble, and Hulsey voting "nay." Mayor Anderson voted "aye" to break the tie and pass the Motion. Motion by Alderman Bowling of Gantenbein be tabled for 1971." Motion was seconded "I move that the special exception request two weeks and be set on the 23rd of November by Alderman Pepe and passed 6-0. The Flood Plain request for Bill Frame, contractor in Haas Subdivision came up for consideration. Mr. Emmett Lane of 2030 Applewood Drive, Lakewood in answer to the question as to his background in hydm~ics stated he had received his B.S. degree in Civil Engineering in 1940 from C.S.U., that he had worked in all facets of drainage and irrigation, road, structures, sanitation and water supply. He had spent 4 years with the Army Engineers and had returned to practice in the state first from an office in downtown Denver and then 20 years in Lakewood. He had worked with irrigation in the Arkansas Valley and design of flood control, hydm~ics reports for Jefferson County subdivisions and Lakewood subdivisions. George A. Holley,attorney for W. Hildenbrand developer of Haas Subdivision was present. It was stated that the finding of fact had passed 4-2 a week before. Motion by Alderman Pepe "I move we approve the request in WF-71-o3." (Flood Plain request for special exception permit.) Motion was seconded by Alderman Howard and vote tied 3-3 with Aldermen Bramble, Donaldson and Hulsey voting "nay" Mayor Anderson voted "aye" explaining that the finding of fact had been approved - to break the tie and pass the Motion. A deed for a triangular piece of property at 44 Avenue and Kipling was presented to Council for approval. Motion by Alderman Hulsey "I move we accept the deed as presented (44 Avenue and Kipling - southeast corner)." Motion was seconded by Alderman Bramble and passed 6-0 Mr. Walker announced that he had prepared a in the Flood Plain without Council action. for Flood Plain Cases. partial list of items allowable He requested a review board Ordinance No. 99 was introduced by Alderman Bramble and read. Motion by Alderman Bramble "I move that Ordinance No. 99 - clarifying the effective date of the Ordinance setting the salary of the Mayor, be approved on first reading as read and be ordered published and posted." Motion was seconded by Alderman Pepe and passed 5-1 with Alderman Howard voting "nay " Alderman Howard quastioned the fact that the Ordinance had not been in the hands of the Council a week before action was taken in accordance with earlier policy. Alderman Pepe said he would like to make a public apology for the fact that the engineers had been questioned as to their qualifications and said their word should be good enough. Meeting was adjourned at 11 35 p.m. Lou~se 1>: Turn:..~ City Clerk '" J- /' /'.r" ,/f7/