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HomeMy WebLinkAbout03/23/1972 ML~L TES March 23, 1972 The one hundred and fifty-second 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 Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe Alderman Paul Abramson was absent Also attending were Mayor Albert E Anderson, Clerk Louise Turner, City Attorney Maurice Fox and approximately 35 interested citizens Resolution No 162 pertaining to development alternatives of Crown Hill Cemetery p:ropertY-was introduced by Alderman Pepe and read Alderman Hu)~~ expressed approval of the Resolution and Alderman Bramble stated the practical approach would be to meet with Lakewood and the County. Motion by Alderman Pepe "I move that Resolution rJo. 152 be approved" Motion was seconded by Alderman Donaldson and passed 5-0 with Alderman Abramson absent Alderman Howard reported that^\ Denver Regional Council of Governments Housing Meeting, the Council had reaffirmed its objective as adequate housing for everyone in the area of his ctuice. He asked for citizens interested in a housing task force to volunteer. A Fer~ntecL!la~LBeverage Licen_~I3--9.!:1__Eremises for Family Fun Center came up for decision Motion by Alderman Howard "I move that Council approve a 3 2% fermented malt beverage on premises license for the Family Fun Center at 5250 West 38 Avenue for the following reasons 1 Petitions circulated by the applicant had signatures of over 700 people in favor 2 More than 30 people present spoke in favor and no one spoke in opposition to the license." Motion was seconded by Alderman Pepe and passed 5-0 Public Hearing for a transfer of a 3-way hotel and restaurant liquor license for The Dutch Pantry Restaurant on the North 1-70 Service Road west of Kipling Street was heard Applicant Joseph Lombardi was represented by Alex Keller, attorney. Complete proceedings were recorded by Harve Clements Court Reporter Motion by Alderman Pepe "I move that a 3-way Hotel and Restaurant Liquor License at Dutch Pantry Restaurant at 10051 West 1-70 Service Road be transferred to Mr Joseph Lombardi." Motion was seconded by Alderman Hulsey and passed 5-0 Motion was made by Alderman Bramble, seconded by Alderman Donaldson and passed 5-0 "That Case WZ-72-o1 be moved ahead of the Ordinances on second reading on the Agenda " WZ-72-o1 Rezoni~Case was heard Myron E Sands had requested a change from Agricultural-One and Residential-One to Planned Unit Development for multiple units at 10300-500 West 44 Avenue The area is 19 5 acres or 830,253 5 square feet RnbRrt Barr of the Planning Department stated that the following factors should be considered 1 That the Land Use Plan shows low density (0 to 7 units per acre) for this parcel 2 That there is approximately 3.5 acres of open space adjoining Clear Creek 3 Applicants plan is for 13 9 units per acre The previous application (in WZ-71-20) was for 19 units and the Planning Commission had recommended 10 5 -2- 4. Applicants plann~d 2.5 parking spaces, the Planning Department recommended 2 1 and that the difference could better be used in open area 5 That properly used mid-density might encourage additional development of a similar nature or low density 6 That discussion is deemed appropriate and 7 That the Planning Commission, by a vote of 4-1, had passed the following Motion "I move that WZ-72-01 from Agricultural-One and Residential-One to Planned Unit Development be approved. The devel- opment is of medium density, development is necessary in the area, they are dedicating a road which will help alleviate any traffic congestion, and it is in harmony with and will be an improvement over the adjacent areas " Mr Barr indicated that letters had come from Fruitdale Sanitation, Valley Water Company, Consolidated Mutual and the Arvada Fire Department all indicating ability to service the area, and from R-1 schools which gave 54 as the number of students expected from the development He said the density had been reduced from 19 to 13 and that tErB~t dedication had been discussed but no dedication had been made^ano that 2 to 1 parking was in keeping with the new Zoning Ordinance Darrell Skelton, attorney, presented a letter from Myron Sands authorizing Mr Skelton to represent him He introduced Freeman Rader of 1688 Cody who represented Lee and Harold Kunz the developers Mr Rader stated 1 That Clear Creek flows 2 That an easement would property, that it might be left put in 3 That this and a roadway to the south constituted a large area to be contributed for public use. 4 That there is commercial use to the north and east and multiple units on the west and sanitation facilities to the south 5. That the area is 19 1 acres and 265 units or 13 9 units per acre would be built with 2 parking stalls per unit. 6 There will be pools, tennis courts and a clubhouse for residents' through the be given to as it is or south end of the City for walkways and the property use of this picnic areas use 7 That all services can be provided in compliance with the Planning Department, parks, Building Department, Fire, Traffic Engineering, Public Works and Planning Commission 8 That buildings would cover 10% of the area 9 That proper development involves a contribution to the area with the least burden to the City 10. That agricultural use is no longer possible because the water rights were sold 11 That single family homes are a tax drain and a school burden This area would support 60 single family houses 12 That higher density is less of a school burden - single family homes on this property would yield 60 students as opposed to 54. 13 Single family developments are poorly planned and a detriment 14 This Planned Unit Development is attractive and well-planned It has its own park land and provides the most revenUe for the City and County (an estimated $136,000.00 per year) with the least tax burden 15. They will provide its own maintenance and street lights 16 It is near transportation arteries, people won't have to drive through other areas 17 It will be a contribution to the City and the area 18 It would be similar to Newgate other than exterior appearance. 19. Rentals in Newgate are $160-225 per month for one and 2 bedroom units 20 Two acres would be in buildings, 3.3 acres in parkland, 7 acres in parking and 7 acres in open green area 21 Streets within the complex would be 25 feet, the street to the south when dedicated would be 50 feet 22 That alternatives to the development would generate more students. 23 That this plan is best for the developer, the area, the people and the government / -3- Mr. Frank Gallahan of 7020 West 38 Avenue, realtor and selling agent for said a ditch goes through the property, sanitation lines go through it, water rights were sold to the City taxes are $800 00 per year with no of Golden, 10 years ago, and revenue. Lee Kunz developer stated 1 That he had lived in Wheat Ridge since 1940 2 That life expectancy of buildings was set up for 40 years as far as IRS was concerned, but was intended for longer perhaps 60 years. 3 That he was willing to donate the 3.3 acres of parkland and had intended to but the Planning Department had recommended a recreational easement Others speaking in favor were James Russell of 10258 West 44 Avenue who felt a development such as Newgate would be nice next door, that more children would result from 3 and 4 bedroom homes, that the time is here that this property must be developed and that with the busy street and the apartments already existing to the west, people wouldn't want to build single- family homes on this property Fred Gillner of 9000 West 44 Avenue who said the sewer and water -.--...- companys can handle the development and it would be better than weeds. Bill McGaughey of 4495 Kipling who said the school population had grown very little, it had gained 40 students in 6 years, that the Planned Development is needed for getting streets and lights, that it will pay more taxes than homes. He said many opposing the development have lived in the area no more than 5 years and that many old-timers want development He referred to petitions which later were entered into the record He said development is needed and this is a good place to start. Speaking in opposition Barbara Kline of 10580 West 47 Avenue who presented petitions on behalf of Fruitdale Civic Association. She stated they were opposed to a 254 unit complex on 19 acres, and asked that the request to rezone be denied She stated 1. The request is not in accordance with the Land Use Plan. 2 That anything in excess of singles and doubles will exceed the capacity of the schools 3 That increased traffic is hazardous to children walking to school 4 That ingress and egress are not adequate 5 That apartment dwellers are often not permanent 6 That 8 permits for doubles have been issued 7 That 4 units per acre are sufficient 8 That sufficient high density already exists in the area and more is not needed 9 That the petitions opposing the rezoning were signed by 172 people out of 193 contacted Gera~g__Bjrnev of 10650 West 48 Avenue who stated his figuring indicated a density of 16 8 not 13.9 per acre, and that the absence of wate~rights was a self-imposed hardship Mr De Feyter of 10265 West 46 Place who felt that streets were adequate within the complex but that exiting onto 44 Avenue was not proper and that traffic access throughout the area, including inter- sections and ramps to 1-70 were not adequate, that they presently present congestion problems, that they were designed for low density, and that perhaps this is why this area is designated as low density on the Land Use Plan He said the road to be deeded on the south depended on future development which would be more of the same, and the area could become like Green Mountain, literally smothered in population -4- A show of hands indicated 14 people were present in favor of the re- zoning and a like number in opposition Motion by Alderman Pepe "I move Case WZ-72-01 be taken under advise- ment for one week and a decision be rendered at that time" Motion was seconded by Alderman Donaldson and passed 5-0 A Floo.E._-.!"llO_in_._~~_cial_~xc~.E.~io~Re9.ues..! for Serena Builders was called for and it was determined that no one was present for the case Motion by Alderman Bramble hearing at another time " and passed 5-0 "I move that the applicant refile for a Motion was seconded by Alderman Howard Ordinance rJo 105 pertaining to the adoption of the National Electric Code ,. 197-f edition was broUghtX~or second consideration and the title read Motion by Alderman Pepe, seconded by Alderman Donladson and passed 5-0 "The title having been read that the Clerk dispense with the reading of the remainder of the Ordinance " Buildj~Inspect~r~3ck P~os~ recommended passage of the Ordinance Motion by Alderman Donaldson "I move Ordinance No 106 be passed on second reading and ordered published and posted" Motion was seconded by Alderman Pepe and passed 5-0 with Alderman Abramson absent. Ordinance No 107 pertaining to the adoption of the Uniform Fire Code 1971 edition waS-brought up for discussion Ivan Haun of 4900 Robb stated that in the Ordinance "Fire Department, Fire District and Fire Chief' are specified as "Wheat Ridge Fire Department, Wheat Ridge Fire Protective District and Wheat Ridge Fire Chief" and there is no mention of the Arvada District which services the northern part of Wheat Ridge. He also said that the Section 27.101 regarding outdoor burning would rule out annual weed control burning of ditch lands and fence rows, and that there are adequate state and county provisions for such burning without another level of control In response to Mr. Haun's comments, Jac~ Prose, Building Inspector stated that Arvada is presently working on adopting this Code, and that since the Ordinance also allows powers to the Building Department, the entire City would be covered. Jack_.~~l~is, Chief of the Wheat Ridge Fire Department urged passage of the Ordinance The title of Ordinance No 107 was read Motion was made by Alderman Pepe, seconded by Alderman Hulsey and passed 5-0 "that the Clerk dispense with reading the balance of the Ordinance " Motion by Alderman Hulsey "I propose that the following amendment be made to Ordinance 107 Add in Section 6 i , Section 27 101. after' . prohibited' the following 'Fires built in fireplaces used for non- commercial or recreational purposes, fires necessary for agricultural operations and fires used for fire department training purposes shall be exempt from these regulations if an appropriate air pollution permit has been obtained and if such fires are not hazardous in the opinion of the Fire Chief '" Motion was seconded by Alderman Donaldson and passed 5-0. Mavor Anderson explained that with such an amendment, no would be required for outdoor agricultural burning, that are handled now and would continue to be handled through Air Pollution Control Officer City permit such matters the County -5- Chief_~_~lis said this amendment was both acceptable and appreciated. Motion by Alderman Pepe as amended and be ordered by Alderman Donaldson and "I move that Ordinance No 107 be passed published and posted." Motion was seconded passed 5-0 with Alderman Abramson absent Action ill be taken on Improvement Districts No. 8 and 15 was brought up and discussed Motion by Alderman Pepe "I move that we table the matter before us until we can get a recommendation from Glen Taylor, Director of Public Works." Motion was seconded by Alderman Bramble and passed 5-0. Petitions for Home Rule were discussed. City Clerk Louise Turner read a report prepared by Deputy City Clerk Elise McMillen who had verified 792 names on the petitions as being valid; -this number being in excess of the 664 required by Statute. In answer to a question by Alderman Pepe, Attorney Fox said no provision for districts was provided by the petitioners and the election of Com- missioners would be "at large." Motion by Alderman Bramble "I move that We call the election to be held July 18, 1972 for the purpose of whether a Charter Commission shall be formed and electing members to form a charter for the municipality, and City Council shall direct the City Clerk to provide for the publication 60 days prior to the election." Motion was seconded by Alderman Donaldson and passed 5-0. Alderman Abramson was absent. Meeting was adjourned at 11 25 p.m. L>" , --- ~J,d~....:J-< C::~,f,.-.c. '<:'--1- ~7L...-<::"-\.._.. L&oise F. Turner City ClerJ<; -~ ~- , j __J /".;.-1 -) /"--' ~-Jft~ /J'Z ) ./