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HomeMy WebLinkAbout12/09/1971 MINUTES December 9, 1971 The one hundred and thirty-sixth regular meeting of the Wheat Ridge City Council was called to order at 7 30 P m by Mayor Albert E Anderson at 7390 West 38 Avenue Aldermen attending were Jack Bramble, Joseph Donaldson Robert Howard, Calvin Hulsey and Ray Pepe Alderman Dana Bowling was absent Also attending were Mayor Anderson, Deputy City Clerk Elise McMillen, City Attorney Maurice Fox, department heads, flood plain, zoning and liquor applicants and/or their representatives, interested citizens City Clerk Louise Turner arrived later. Citizen's Comments were made by the following Mr. Ben Love, President of the Wheat Ridge Chamber of Commerce read an open letter to Council, Mayor, elected officials and department heads which deplored the division and rifts which have become evident in the city government and urged subordinating personal differences and division for the welfare of the City It was signed by officials and Board of Directors of the Chamber of Commerce. The letter is filed in the General File. Mrs Clifford Morgan of 7430 West 48 Avenue stated she was appre- ciative for the additional bus line on 48 Avenue, that she felt there was a need for a Saturday bus and to extend service on 48 Avenue to Wadsworth, that she wants the Mass Transit Committee to meet regularly and to use citizens' suggestions tilLY receive, that their meetings should be publicized and she thinks they should meet twice a month. Motion by Alderman Bramble "I move that we hold a special Council Meeting next Tuesday on December 14, 1971 and that the follOWing items be deleted from tonight's Agenda 8,12,13,14, and 15." (It is understood that Item 15 - Zoning Ordinanc8 reading - be scheduled for the regular Council Meeting on December 16, 1971 I Motion was seconded by Alderman Donaldson. Attorney Maurice Fox stated that Item 12 - Vacation Ordinance WV-71-06 had been posted for this date and it would be best to go ahead with it. Motion was amended by Alderman Bramble "to omit Item 12, and have it on the Agenda tonight" The second agreed and Motion passed 5-0. WZ-71-19 Rezoning Case came up for decision Applicant Angelo La Porta had requested a change from Agricultural-One to Planned Unit Development at 4885 Garrison Street Mayor Anderson stated that in case of a tie vote he would not vote because he had been absent at the meeting held on November 23, 1971. He also stated that he had a sealed vote from Alderman Bowling Motion by Alderman Pepe "I move that Case WZ-71-19 requesting rezoning from Agricultural-One to Planned Unit Development/for the follOWing reaaons 1 This is a fine Planned Unit Development / /' " / 2 The Planning Department recommended approval 3. The Planning Commission accepted the final plan" Motion was seconded by Alderman Hulsey Attorney Fox stated that passage of the Motion does affect the zoning tonight Council was polled and Motion passed 3-1 with Alderman Howard voting "nay", Aldermen Bramble and Donaldson abstaining, and Alderman Bowlin~s sealed vote being "aye." The vote is attached to the Minutes The follOWing liquor and/or beer licenses came up for renewal 1. Dutch Pantry Restaurant at 10051 N 1-70 Service Road, 3-way liquor license. Owners Theodore Boerstler and Virginia Boerstler were present Mr Boerstler stated that he is is the process of getting a new manager -2- M?tion by Alderman Howard "I move that the 3-way hotel and restaurant llquor llcense be renewed for the Dutch Pantry Restaurant located at 10051 N 1-70 Service Road" Motion was seconded by Alderman Hulsey and passed 4-0 with Alderman Donaldson abstaining . 2 Paramount Lanes Snack Bar at 2625 Kipling Street, 3 2% beer llcense Owner Landon Murray was present Motion by Alderman Pepe "I move that the 3.2% beer license for Paramount Lanes Snack Bar at 2625 Kipling Street be renewed" Motion was seconded by Alderman Howard and passed 5-0. 3 Safeway Store #302 at 10050 West 38 Avenue, 3.2% beer retail license Lloyd Moore, manager, was present. Motion by Alderman Hulsey "I move that the 3.2% beer retail license for Safeway Store #302 at 10050 West 38 Avenue be renewed " Motion was seconded by Alderman Donaldson and passed 5-0 4 Carefree Restaurant & Lounge at 4490 Ward Road, 3-way hotel and restaurant license. Norma Blickenstaff was present who is daughter of the owner Frances Blickenstaff and who presented a document stating she had power of attorney for her mother. It was attached to the application Frances Blickenstaff was too ill to attend. Upon a question on the number of lights in the parking lot she stated that there was one big spotlight Motion by Alderman Pepe "I move that the 3-way license for Carefree Lounge at 4490 Ward Road be renewed" Motion was seconded by Alderman Donaldson and passed 3-2 with Aldermen Hulsey and Howard voting "nay" 5 Jolly Jacks Liquor Store at 4141 Kipling Street, retail package liquor license. Owners Jack L Farrer Sr. and Jack L. Farrer Jr. were present Motion by Alderman Pepe "I move that Jolly Jacks retail liquor license at 4141 Kipling Street be renewed" Motion was seconded by Alderman Hulsey and passed 5-0 Rezoning Case WZ-71-30 came up for Public Hearing. The request was by Richard J. Rosehnal D D.S who requested a change from Residentisl- Two to Restricted-Commercial-One at the southwest corner of 38 Avenue and Estes for a profession office building (i.e. a medical-dental office expansion ) Robert Barr of the Planning Department stated that this rezoning was for 37 acres or an area of 15,973 square feet He also stated the following 1 The Wheat Ridge Comprehensive Plan shows low density residential for this parcel 2 Zoning amendment constitutes an extension of existing commercial district 3 Excluding adjacent commercial district, nearest other commercial district is in excess of % mile distance 4. Inasmuch as present adjacent commercial district is in itself a "spot zone", topographical, economical, and situation near collector street in this instance would substantially impair the development of residential use. 5 Inasfar as development in this area of residential uses has successfully been completed or blocked on the west side by Wide Horizon Hospital, it would preclude further commercial development in other directions, thereby causing a sub-community Restricted-Commercial-One District to be in existence at this area. 6 Zoning amendment does not lie in Flood Plain. 7 No additional Right-of-way is required at this parcel. 8 Planning Department would recommend approval. He also stated that the following Motion passed by a vote of 4-0 by the Planning Commission "That the zoning be granted for the follOWing reasons 1 It is in conformity with the existing neighborhood, 2. it would not create a traffic problem to any great extent, 3. The welfare of adjacent property owners has been taken into consideration in the design of the building." -3- Applicant Dr Richard J Rozehnal was present and was represented by Attorney David Deuben of 4315 Wadsworth. He stated the following That Dr. Rozehnal is an orthodontist and has his present office on the lot to the west of the request and he would like to erect a professiona~ o:fice building as a medical-dental office expansion. The bUlldlng plans are compatible to surrounding area, That on the lot due west is also located Allred Realty Co That the land use is appropriate and protective covenants were signed by the surrounding property owners, With this type of business there are no peak traffic problems Applicant Richard Rozehnal stated the following That he presently works on Lot 1, That the covenants require medical and dental use only and that the surrounding property owners signed similar covenants on his first bUilding and if he had misrepresented then, they would not sign now, and That the topography of the area is sloping. The following persore appeared in opposition Mrs A J Plute of 3818 Everett Street who presented petitions with signatures protesting the rezoning and she stated there would have been more but that she became aware of the proposed rezoning two days ago She stated the following She is across 38 Avenue from the area in Belaire Subdivision and that the signatures are from this area, That she has fought proposed rezoning before, That the Commercial-One zoning was originally spot zoning, That this is a low density area, That the traffic is very heavy now and will increase with the new building, That this will be isolated commercial zoning, That this is a bus stop where the bus turns around and that this would probably have to be moved, That there is no way to hold the applicant to the promise to build what is proposed once the zoning is passed and undesirable businesses may be built Mr. John Kline of 8989 West 32 Place who stated that no one had answered Alderman Pepe's question if there was any other suitable best use of the land Mr. Harrv Moffat of 4011 Estes stated that he lived in Belaire Sub- division, that he was against encroaching commercial development, that he wants the area to keep a residential context, and that this is a prime area and is kept up and is not run-down. Alderman Howard stated that it be put on record that no one was in opposition in the audience whose property immediately adjoined the property in question. Attornev Deubin summarized his case with the following statements That the existing building has not de~ued the surrounding property and is not offensive, That a traffic problem is not resolved by denying a rezoning request and that the problem is more extensive and on a larger scale than caused by a small piece of property, That the land is adjacent to commercially zoned land, That this is the best use of the land because this area is not low density residential and the proximity to Lutheran Hospital makes it compatible Motion by Alderman Bramble "I move that Case WZ-71-30 be tabled until December 14, 1971, Tuesday, and that a decision be rendered at that time" Motion was seconded by Alderman Donaldson and passed 5-0. Rezoning Case WZ-71-31 was heard. Applicants Richard and Ellen Rozehnal were represented by Attorney David Deubin of 4315 Wadsworth. Request was a change from Commercial-One to Restricted-Commercial-One for a professional office building at 8852 West 38 Avenue -4- Robert Barr of the Planning Department said the following factors should be considered 1 The Wheat Ridge Comprehensive Plan shows low density residential. 2. The zoning amendment constitutes an upgrading of the present district 3. Present district is greater than % mile from other commercial districts and is a high intensity commercial district. It is therefore, reasonable to cause a lessening of the intensity to Restricted-Commercial- One in that it is in proximity of basically residential neighborhoods 4 Zoning amendment does not lie in Flood Plains. 5 Parcel meets requirements of Restricted-Commercial-One 6 No additional ROW is required 7 Planning Department recommends approval Mr. Deubin stated 1. That the property is lot 1 of Yousse Subdivision amended 2. That request is a downgrading of present use. 3. That it is compatible with the previous request, i.e WZ-71-30. 4 It is not necessary to rezone for the intended use - it could be used as it is. Rezoning to Restricted-Commercial-One would insure that a subsequent owner would not use it for a filling station or a liquor store or some other Commercial-One use at a future time. 5. The zoning allowed the building which has been built, but the protective covenants didn't 6 Owner obtained signatures to allow it. 7. That though he doesn t have to, he is voluntarily asking for a change of zoning. Motion by Alderman Bramble to December 14, 1971 for a Hulsey and passed 5-0 "I move that Case No. WZ-71-31 be continued decision" Motion was seconded by Alderman Flood Plain Special Exception Request, WF-71-04 came up for decision Kenneth Gantenbien and Daniel Aberle were present. Mr Walker stated that the completed structures are not shown on the map provided to Council but are lined up above No. 7 Motion by Alderman Howard "I move that the Finding of Fact of WF-71-04 be accepted by the City Council." Motion was seconded by Alderman Pepe and defeated 3-1 with Aldermen Donaldson, Hulsey and Pepe voting "nay" Alderman Bowling was absent and Alderman Bramble abstained because he had not been present at the hearing. Motion by Alderman Pgp~~ "I move that Flood Plain Special Exception Permit No WF-71-o1rnbt be approved for the following reasons 1. That all the necessary requirements of the Flood Plain OrdtrEnce have not been met, and 2. This will affect the natural flow of the water " Alderman Howard questioned denying an owner "the rightful use of his land " Council was polled and the Motion passed 3-1 with Alderman Howard voting "nay" and Alderman Bramble abstaining because he had not been present at the hearing Alderman Bowling was not present WF-71-05 Flood Plain Sepcial Exception Request came up for hearing Applicant Franklyn Streater was present Engineer Howard Lane was not present. Motion by Alderman Bramble "I move this request be postponed until the first hearing date in January which would be January 13, 1972 " Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Bramble "I move that we Plain Special Exception Requests be posted " add "for fifteen days prior to the hearing" Alderman Pepe and passed 5-0 set a policy that Flood Motion was amended to Motion was seconded by -5- Comments werB made by Nancy Snow who asked that the City hirB a good hydraulogist to reprBsent the City in Flood Plain matters so Council has more than the evidence from the applicant to consider. She recommended that Leonard Rice be consulted for advice. Aldermen Bramble and Hulsey agreed one should be hired, Alderman Pepe said several should be con- sidered Dr David Snow said Kenneth Wright might be in a position to advise the Council WV-71-o6 Vacation Request came up Robert Barr relayed comments from the following people Police Chief E. Pinson - that the street is not used, it is not the proper width and the entry is unsafe Ralph Johnson - that he disapproved the vacation and a water line would be placed in 36 Avenue in the near future Neil Gornerburg of Public Service Gas - that the vacation could be approved without an easement John Fenellv - Public Service Electric - that it be approved without an easement. Clyde Hobbs - Public Works Director - that a fully developed street would cause congestion at 36 Avenue and Wadsworth, that the street would not be accepted unless fully constructed and that it was too close to 38 Avenue for a traffic signal A representative of the Methodist Church had said the church would like 36 Avenue retained and improved. He said the vacation would result in a cuI de sac of large size and asked that it be denied. The Planning Commission recommended approval of the vacation. The Planning Department recommended approval and said if a full street were to be there, additional ROW would probably have to come from lots 27 and 26 to the South Applicants Alex and Sue Kahre were represented by David Deubin, attorney, from 4315 Wadsworth who said That applicants own property to the north. That the Yz road had been dedicated to the County in 1957 and had been inherited by the City. That it is in limbo now, the City won't maintain it because it is only Yz street. That Mr. Hobbs had said a road there was not desirable and would be a traffic hazard Police Chief Edward Pinson said that it might be safer to channel the traffic back to 38 Avenue but that it is acceptable as it is now used and would be safer with one-way and no left turn onto Wadsworth He said the state would not allow a signal so close to 38 Avenue Speaking in opposition was John Kline of 8989 West 32 Place who said he used the road regularly, That he believed that it was considered a serious matter to close any road or trail that has been and still is used by the public, That where large groups congregate good planning calls for more than one exit, That possibly Vance Stre~ should be cut through to 35 Avenue, That the condition is bad, but those who use it do so by choice Ordinance No 101 pertaining to vacation of a portion of 36 Avenue (WV-71-06) was introduced by Alderman Howard and read. Alderman Donaldson stated he opposed the vacation and would vote against the Ordinance. Alderman Hulsey asked if the City had a policy of non-maintenance on all Yz streets Alderman Howard stated some gravel Yz streets are maintained, and Mayor Anderson said some paved Yz streets are maintained. J /9;: -6- Motion by Alderman Howard I move that Ordinance No. 101 pertaining to street vacation WV-71-06 be passed on first reading and be pub- lished and posted" Motion was seconded by Alderman Hulsey and was defeated 4-1 with Aldermen Bramble, Donaldson, Howard and Hulse~ ,voting "nayll and Alderman Bowling absent. -< Alderman HulseV asked for information regarding the installation of curb and gutter at City expense at 32 Avenue and Sheridan Blvd. Mayor Anderson said upon recommendation of Clyde Hobbs and John Kr ling that the curb be replaced to prevent deterioration of the paving the City did replace a piece of curb and gutter and that no other such projects are anticipated in the future. Alderman Hulsey recommended that Council members act as liaison personnel to the city departments. Motion by Alderman Donaldson "I move that we establish a liaison to each department as follows Alderman Bramble to Police Department, Alderman Pepe to Building Department, Alderman Bowling to Planning Department, Alderman Donaldson to Public Works Department, Alderman Hulsey to Parks Department, and Alderman Howard to Personnel Department." Motion was seconded by Alderman Hulsey and passed 4-1 with Alderman Howard voting "nay " Meeting was adjourned at 11 45 p.m. "- ,<---I" /{ //( I, . . . Helen Elise'M~Mill~n Deputy City Clerk /-/1 -/---" t;;~ri~;"F . '~u;n~-~)- ;?h~/ City Clerk \ppi-U . .I l-< c~ ./ / , , fe- ~e. ~;:~ \ I Jf c-- e:r s T r?111 f'~ fPe,.~tJl1 /;tL C-ct Se. vJ 7-- 71-/9 q-r-