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HomeMy WebLinkAbout08/17/1972 MINUTES August 17, 1972 The one hundred and seventieth 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 Dr Paul Abramson, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also present were Mayor Anderson, Clerk Louise Turner, Treasurer James Malone, City Attorney Maurice Fox, Planning Director Paul Walker, and interested citizens. Motion by Alderman Bramble "I move that the words 'in opposition' be deleted from no.3 of Comments by Robert Barr on Page 3. of the Minutes (of August 10, 1972)." Motion was seconded by Alderman Hulsey and passed 5-1 Alderman Howard voted "nay." Citizen's Comments were made by Benjamin Love, representative of the Marshall Street Bridge Committee, who thanked City Council for prompt action resulting in the reopening of the bridge on August 16, 1972. WZ-72-o1 Rezoning Case for Planned Unit Development came up for final decision Motion by Alderman Donaldson "I move the Council approve the final plan of WZ-72-o1 Planned Unti Development at 11300-11500 West 44 Avenue for the following reasons 1. It is in substantial compliance with the preliminary plan as presented to and accepted by the City Council, and 2. All specifications and requirements of the City have been met." Motion was seconded by Alderman Bramble and passed 6-0. WZ-72-07 Rezoning Case came up for decision. Motion by Alderman Pepe "I move that Case WZ-72-o7 be denied for the following reasons 1. On the west the courts have granted 384 units. 2. The highest density in the City is to the north. The area is saturated by high density apartments. 3. Additional high density in this area would cause congestion of traffic, and 4. At the present time, I do not agree with the Land Use Plan in this location. It possibly could be commerciaL" Motion was seconded by Alderman Howard who stated but could not make the following Motion because he had seconded the Motion. Motion by Alderman Abramson "I mOVe that the Motion be amended by deleting 'it possibly could be commercial' from No.4 of the Motion." Motion to amend was seconded by Alderman Howard and passed 5-1 with Alderman Bramble voting "nay." Question was called on amended Motion, and Motion was defeated 4-2. Aldermen Hulsey, Abramson, Bramble and Donaldson voted "nay." Motion by Alderman Abramson "I move that Case WZ-72-07 - a request from Residential-Two to Residential-Three be approved because the Court has set precedent for high density in that area, and there was no opposition at the hearing." Motion was seconded by Alderman Bramble. Alderman Pepe stated that he disagreed with the first reason, and that it should not be approved just because the Court ruled on another case in the area, and that the lack of opposition didn't mean approval. , ~ MINUTES - August 17, 1972 - Continued -2- Alderman HulseV said it would save the City money because it would lose in Court. Question was called and Motion passed 4-2. Aldermen Pepe and Howard voted "nay." WZ-72-o8 Rezoning Case to Planned Unit Development for Mountain Vista Nursing Home came up for approval of compliance of final plan. Motion by Alderman Donaldson "I move for approval of WZ-72-08 as it conforms to the preliminary plan, there was no opposition and people who were not affected appeared and spoke in favor of it, and it conforms with the surrounding area." Motion was seconded by Alderman Hulsey and passed 6-0. WZ-72-16 Rezoning Case came up for decision. Motion by Alderman Howard "I move that Case WZ-72-16 from Agicultural- One to Planned-Industrial-District be approved for the following reasons 1. The requested rezoning conforms to the Land Use Plan. 2. The Planning Commission r~ommended approval. 3. The majority at the hearing were for approval. 4 The only opposition was in regard to traffic on Tabor Street and this doesn't justify denial." Motion was seconded by Alderman Donaldson Motion by Alderman Abramson "I move the Motion be amended by adding that 'approval of the plan be subject to the plans being modified to reflect inclusion of curb and gutter and sidewalks.'" Motion to amend was seconded by Alderman Donaldson and passed 4-2. Aldermen Pepe and Bramble voted "nay." Motion by Alderman Abramson "I move that the Motion be amended by addition of 'along public ROW.'" Motion to amend was seconded by Alderman Hulsey and passed 5-1. Alderman Pepe voted "nay." Question was called on the twice amended Motion and Motion passed 6-0. Approval of issuance of license of 3-way liquor license was discussed. Alderman Howard stated the facility was not ready to open for business. Motion by Alderman Donaldson "I move we table approval of issuance for one week." Motion was seconded by Alderman Howard and Motion to table passed 4-1. Alderman Bramble voted "nay" and Alderman Pep e abstained. The City Clerk was directed to notify Council when the outlet is ready for business. Bud et and A ro riation Re ort for July was given by Treasurer James Malone. He reported that 69.20 of the year's anticipated revenue had been received and 56% of the appropriation had been expended. Complete report is filed in the office of the City Clerk. Police Pension Fund Semi-Annual Report was given by Treasurer James Malone. Investments as of June 30 totaled $70,558.84. Complete report is in the General File. Types of investments allowed to the Police Pension Fund were discussed. Resolutions No. 178, 179 and 180 pertaining to withdrawal of funds were introduced by Alderman Donaldson and read. Motion by Alderman Abramson "I move that Resolutions No. 178, 179 and 180 be approved as read." Motion was seconded by Alderman Bramble and passed 6-0 MINUTES - August 17, 1972 - Continued -3- Motion by Alderman Bramble "1 move that the matter of Ward and Precinct boundary changes be tabled indefinitely." Motion was seconded by Alderman Donaldson and passed 6-0. An arborist progress report was requested by Alderman Howard Mavor Anderson stated that the bucket truck and chipper had arrived and that when a crew has been trained, work will begin and that equip- ment for stump removal would be rented. Meeting was adjourned at 9 30 p.m. / Louise F Turner City Clerk 7:> ' / ,) i./ c_) c;-- ....... . MINUTES August 10, 1'372 The one hundred and sixty-ninth regular meeting of the Wheat Ridge City Council was called to order at 7 40 p.m. by Mayor Albert E. Anderson at 7390 West 38 Avenue. Aldermen attending were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Also attending were City Attorney Maurice Fox, Deputy City Clerk Elise McMillen, staff personnel and interested citizens. Citizen Comments were made by Mr. Karl Hustede of 6097 West 40 Avenue who stated the Midget Races at Lakeside were extremely noisy and he wanted the City to take action in eliminating it. Mayor Anderson stated that it is in the town of Lakeside and the City had no jurisdiction. The following 3.2% beer licenses came up for renewal Woods Super Market of 10019 West 26 Avenue 3.2% beer by the package license. Owner Bill Chisum was present. Motion by Alderman Donaldson "I move that Woods Super Market 3.2% malt beverage application for license renewal be approved." Motion was seconded by Alderman Abramson and passed 6-0. Wheat Ridge Lanes of 6595 West 38 Avenue 3.2% malt beverage on premises license came up for renewal. Owner Richard B. Hanscom was present. Motion by Alderman Howard on premises be renewed for Alderman Hulsey and passed "I move that the 3.2% malt beverage license Wheat Ridge Lanes." Motion was seconded by 6-0. Wheat Ridge Ranch Market of 6920 West 38 Avenue 3.2% beer by the package license came up for renewal. Owner Kay Nitta was present. Motion by Alderman Hulsey "I move that the 3.2% fermented package license for Wheat Ridge Ranch Market be renewed." seconded by Alderman Donaldson and passed 6-0. malt beverage Motion was WZ-72-o1 Rezoning Case came up for Public Hearing. The request was from Agricultural-One and Residential-One to Planned Unit Development at 10300-500 West 44 Avenue to build multiple units. This was the second Public Hearing to determine compliance with the previous plans presented at the first Public Hearing held on March 23, 1972 which had passed by a vote of 3-2. Robert Barr of the Planning Department stated the following 1. The property had been properly posted and published. 2. That the Planning Commission had recommended "that it be accepted and approved." 3. That a ROW of 50 feet had been dedicated which will be West 42 Avenue. 4. That the buildings are specifically designated and the plan is in compliance with the original plan. Mayor Anderson stated the plan showed that there was dedication of land to Fruitdale Sanitation District, Metro Sewer District and the City of Wheat Ridge which may cause some confusion on the title. Darrell Skelton, attorney representing the applicant M.E. Sands stated that the plan has complied with all requirements and that if there is some confusion as to the dedication the names of the sanitation districts could be stricken. Attorney Fox ruled that the plan could be amended, and if passed, the Mayor could not sign it unless it was changed. Mr. Ivan Hawn of 4900 Robb Street stated that it was his understanding before, that Council couldn't pass and endorse something with the provision that changes will be made to it in the future. , MINUTES - August 10, 1972 - Continued -2- Attornev Fox stated the plan is not being changed in a substantive manner, and only the jurisdiction of a ROW is needed to be clarified, but the intent is obviously to deed it to a government entity. He stated Council has the alternatives of tabling the matter, or they can act on the plan and if they want the wordage changed it can be stipulated into the record and it can be enforceable. Motion by Alderman Pepe "I move the Hearing for Case WZ-72-o1 be continued for one week for additional facts as deemed necessary with a decision to be rendered at that time, and that the wording on the plan to be changed as agreed upon." Motion was seconded by Alderman Donaldson and passed 6-0. WZ-72-07 Rezoning Case was heard. The zoning change was from Residential- Two to Residential-Three at 4551-81 Kipling Street for multiple units. Robert Barr of the Planning Department stated the following 1. Planning Commission had recommended approval because "it is within the requirements of the Land Use Plan and is an appropriate use for the land in this parcel." 2. That the original request had been for Planned Unit Development but had been amended to Residential-Three. 3. That the property had been properly posted and published. Dave Deubin, attorney of 4315 Wadsworth Blvd. representing the applicants stated the following 1. He presented Exhibit No.1 to be added into the case which was a legal description of the land involved by Lane Engineering. 2. He~esented Exhibit No.2 to be added which was a photocopy of the zoning map and he stated the surrounding zonings. 3. He presented Exhibit No.3 to be added into the record which was a copy of the Future Land Use Plan superimposed over the Zoning Map which showed high density residential for this area. 4. He stated the land is best suited to this use and that they would construct multiple family units in compliance with Residential- Three zoning. Mr. McGaughev of 4595 Kipling was present and stated he owned 3 acres of the property and Mr. Hartz owned .375 acres. Calvin Bacon is the contract purchaser. No one appeared in opposition. Motion by Alderman Abramson "I move that Case WZ-72-07 requesting a zoning change from Residential-Two to Residential-Three be tabled for one week for a decision to be rendered in these chambers during the normal course of the meeting." Motion was seconded by Alderman Donaldson and passed 6-0. WZ-72-0B Rezoning Case was heard. The request was for a zoning change from Agricultural-One and Two to Planned Unit Development at northeast corner of 1-70 and Robb Street by Mountain Vista Nursing Home for a retirement home community. This is the second hearing to determine general compliance with the original plans presented on April 13,1972 and passed with a vote of 5-0. Robert Barr of the Planning Department stated the following 1 Planning Commission recommended approval because "it conforms to the preliminary plan as submitted to the Planning Commission." 2. All requirements had been met. Clay Cormack of 7115 West 33 Avenue, Executive Director of Mountain Vista Nursing Home was present. Ivan Hawn of 4900 Robb Street stated speaking as Chairman of the Fruitdale Civic Association that the members are in favor of this rezoning and that it is adjacent to a similar existing use. ") - MINUTES August 10, 1972 - Continued -3- Motion by Alderman Donaldson "I move that Case WZ-72-oB requesting a zoning changE to Planned Unit DEvelopmEnt be approved as stipulated." Motion was seconded by Alderman Abramson. Alderman approval Hearing. Hulsey questioned the deviation from usual procedure by granting tonight instead of making a decision one week after the Public Aldermen Bramble and Pepe agreed. Alderman Abramson stated this was a special circumstance, that there never had been any opposition, that the plan presented tonight conformed with the preliminary plan and that this would save time. It was determined there was no urgency for approval from the applicant. Alderman Donaldson withdrew his Motion and the second withdrew. Motion by Alderman Donaldson "I move that Case WZ-72-oB requesting rezoning from Agricultural-One and Two to Planned Unit Development be tabled for one week with a decision to be rendered at that time." Motion was secondEd by AldErman Hulsey and passed 5-1 with Alderman Abramson voting "nay." WZ-72-16 Rezoning Case was heard. One to Planned-Industrial-District industrial building The rezoning request was from Agricultural- at 1-70 and Oak for building an Robert Barr of the Planning Department stated that this is a new zoning district under Ordinance No. 98 and the procedure shall be as follows The case is heard before Planning Commission and they forward a recommen- dation to Council, Council hears the plans and if they approve of it the plans go to the Planning Commission for approval of compliance and then sent to the Building Department for permits. The plans do not come back to Council a second time. Alderman Abramson made a procedural request by requesting that Council receive a copy of the plans in their folders. Robert Barr stated the following 1. Planning Commission had made the following Motion "That the Preliminary Development Plan be forwarded to City Council with recommendations of approval changing the zoning from Agruculture-one to Industrial subject to landscaping as outlined by the Planning Department and subject to re-evaluation of the fire hydrants and subject to access to the proposed site." 2. That these recommended changes are agreed to be done but have not been changed on the plan yet because Council might have additional changes and the total changes will be on the final plan. 3 That the following people appeared at the Planning Commission meeting Mr. McGaughey, Gerald Birney and Ivan Hawn. AttornEY Fox stated that Council has the authority to make recommendations and add conditions and requirements, and that it is not the intent of the Ordinance that Planning Commission oVErrule Council's restrictions or stipulations. Alderman Howard questioned whether under this zoning Council had the power to change the sign restrictions. Paul Walker, Planning Director stated this was possible but tha~~~ould utilize the existing sign code for fairness and uniformity. He also stated that under this zoning the structures may cover 50%, parking 25% and landscaping 25%, that the general concept can be presentEd now, and the specific plans for development are shown to the Planning Commission. , '- / ,J~_ MINUTES - August 10, 1972 - Continued -4- The landowners - John Villano, Roxie Villano and Don Byers - were present. Dennis Wyatt, architect representing the contract purchaser Craddock Development stated the following 1. The surrounding area is undeveloped. 2 The proposed plan is a two building concept with an office in the front and a warehouse in the back and the operation is to be entirely enclosed 3 The tenant is to be Fire Alert Company, with a 7 year term contract (Alderman Abramson stated this was irrelevant.) 4. He confirmed that they planned to put in the Planning Com- mission's recommendations, and that the Planning Commission shall review all plans that are to be submitted to the Building Department. 5. That this is adjacent to a major thoroughfare making this a desirable location with easy access. 6. That this would be a buffer to heavy industrial use. Mr. Bvers owner of Craddock Development stated that they will build the building as presented because they want to build a building that will be used and they have come up with this satisfactory plan with their prospective tenant. Also, that it will be the tenant's respon- sibility for landscaping and maintenance. Frank Callahan, realtor of 7020 West 38 Avenue stated he is Chairman of the Zoning and Planning Committee of the Chamber of Commerce and speaking for them he stated they are for approval of this rezoning, it is an ideal industrial location being close to 1-70, it will benefit the economy, and that the City must police the provisions of the zoning. Speaking in Opposition Mr. Tex Junker of 4615 Swadley who stated that access to the company will be on Tabor Street and it is too noisy now and would like to see the street closed to truck traffic. He also felt this could increase crime in the area. Mr. Phillip 5imms of 4610 Tabor also felt there was too much car and truck traffic now on Tabor Street and was opposed to any increase. Ivan Hawn of 4900 Robb Street stated he was not speaking in opposition and felt this was a high quality industrial district, but also stated this may be the gateway to other less desirable uses. Motion by Alderman Bramble "I mOV8 that Case WZ-72-16 requesting rezoning from Agricultural-One to Planned Industrial District be tabled for one week with a decision to be rendered at that time." Motion was seconded by Alderman Donaldson and passed 6-0. W5-72-o1 Subdivision Plat was scheduled for Public Hearing. The area involved the southwest corner of 38 Avenue and Robb Street called Marin Estates Subdivision. Robert Barr of the Planning Department stated the land is owned by Mr Banzhof and is under option contract to sell to Feliciano Marin, and that Mr. Marin had contacted him requesting that the Case be tabled approximately 4 weeks. Motion by Alderman Bramble tonight's Council Meeting." and passed 6-0. "I move Case WS-72-o1 not be heard at Motion was seconded by Alderman Abramson Ordinance No. 114 pertaining to amending Zoning Ordinance No. 98 came up for second reading. The Ordinance was read in full. Motion by Alderman Abramson "I move that the title be amended as follows after the words 'to amend' add the words 'Section 18 and 26 of' before the words 'Ordinance 98.'" Motion was seconded by Alderman Donaldson and passed 6-0. ) MINUTES - August 10, 1972 - Continued -5- Motion by Alderman Pepe "I move that Ordinance No. 114 (amending Ordinance No. 9B) be paosed on second reading as amended and be posted and published." Motion was seconded by Alderman Hulsey and passed 5-0. It was clarified that the intent of Section 2.b. of Ordinance No. 114 is that to be legal a portable device which is licensed must be used for hauling of materials etc. in the pursuit of a regular day to day business. The question of when the Moratorium on signs would be lifted came up. Mayor Anderson stated that according to State Statutes the effective date of Ordinance No. 114 would have to be 30 days after final publication instead of 5 days because there was no emergency clause. Motion by Alderman Bramble "I move that the effective date of Ordinance No. 114." Alderman Abramson and passed 5-0. the Moratorium be lifted on Motion was seconded by Issuance of the already granted 3-way license of Village Inn Pancake House at 4700 Kipling came up. Alderman Howard stated he had inspected the building and that the lounge is an empty room - not ready for service - and that he felt Council could not act until the plans are met. Motion by Alderman Donaldson "I move that we table the matter of the issuance of the license for Village Inn Pancake House for one week." Motion was seconded by Alderman Hulsey and passed 5-0. Paul Walker, Planning Director announced that the Planning Department was planning to move to Public Works since they work closely with that department and asked if Council had any objections. No objection @as voiced. Attorney Fox stated tract no. 8 - some land owned by Ann Edens had been appraised by Ralph Barhar for $3,500.00 and that the owner was asking $4,500 00. This land is for the Green Belt acquisition program and that Council could authorize procedure for condemnation. Motion by Alderman Abramson "I move that the City authorize a second appraisal of this land." Motion was seconded by Alderman Donaldson and passed 5-0. Meeting was adjourned at 11 00 p.m. rJ ' L ' / \ 'Ie .t.-(. c '- ,~ // {7 /{/-, -p/7 ..V....../.