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
)
./