Loading...
HomeMy WebLinkAbout08/24/1972 MINUTES August 24, 1972 The one hundred and seventy-first regular meeting of the Wheat Ridge City Council was called to order at 7 45 p.m. by Mayor Albert E Anderson Aldermen attending were Dr. Paul Abramson, Jack Bramble, Joseph Donaldson Robert Howard, Calvin Hulsey and Ray Pepe Also attending were Mayor Anderson, City Clerk Louise F Turner City Attorney Maurice Fox, staff personnel and interested citizens. Citizens' Comments were made by Mrs Phillvs Lancaster of 4010 Dover who stated 1. She appeared on behalf of citizens concerned for Crown Hill. 2. That these people opposed any high density development on the Crown Hill property. 3. That they were opposed to annexation of the area in exchange for high density zoning. Mrs. Lancaster presented to Council petitions containing 1780 names, and stated additional petitions were in circulation in Wheat Ridge, and that others were in circulation in Lakewood. The petitions are on file in the General File under "Petitions - Crown Hill 1972." WZ-72-03 Rezoning Case was heard. Karelin Investments had requested a change from Agricultural-One to Residential-Two for the construction of doubles in the 4500 block of Simms. The area is 28,770 square feet or .55 acres. Robert Barr of the Planning Department stated The Planning Commission had recommended approval because the change would conform to the Land Use Plan, would tie in with the surrounding area, would upgrade the zoning and not place undue burden on the schools. Mr Barr added 1. That the Land Use Plan shows low density residential. 2. That additional ROW is not required. 3. The parcel would be a continuation of existing Residential- Two to the north and west. 4. That two doubles would be allowed. 5. Property had been properly posted. 5. Only the applicants appeared and there was no opposition at the Planning Commission Hearing. Gerald Boatright of 4315 Wadsworth, attorney, was present representing the applicant. Frank Callahan of Karelin Investments stated 1. Property is south of and adjacent to Karelin Subdivision and is .55 of an acre fronting on Simms Street. 2. There is an easement for moving a ditch in order to have 100 foot usable frontage. 3 Blacktop and sidewalks would be put in. 4. All utilities were available on Simms. In answer to a question of whether or not Denver Metro Sewer had given approval - He said approval had been given by Fruitdale Sanitation District. In answer to the question of whether or not it was a subdivision, he said it was next to a subdivision and Mr. Barr said it was a minor subdivision and can't be signed until zoning is confirmed. No one else appeared in favor and no one in opposition. Motion by Alderman Bramble "I move that Case WZ-72-o3 be tabled for one week and a decision be rendered at that time." Motion was seconded by Alderman Donaldson and passed 5-0. / }.- MINUTES - August 24, 1972 - Continued -2- WZ-7Z-17 Rezoning Case was heard. John Haslam and Frank Callahan requested a change from Agricultural-One to Residential-Two for the construction of doubles north of 47 Avenue from Miller to Nelson. The area is 201,683 square feet. Mr. Barr stated The Land Use Plan shows low density and residential-two allows 6.97 units per acre and that additional ROW where required would be provided by subdivision plat to accommodate development. Gerald Boatright, attorney for the applicants stated that both Mr. Haslam and Mr. Callahan were present. Mr Callahan said: 1. There were 14 sites for two-family dwellings. 2. Zoning to the south and west was Residential-Two and Planned Unit Development. 3. The subdivision could use existing sanitation to the east. 4. Permission had been given to extend water mains. 5. This would furnish water to paople in the adjoining area now on wells who could not have extended lines themselves. 6. Fire plugs would be placed. 7. That the center line of Nelson Street had been determined and flagged by the City. In answer to question he stated this had gone to the County as a Planned Unit Development request at one time and had been withdrawn. Mr Gerald Birney of 10660 West 46 Avenue said he was in favor of doubles in this location. Motion by Alderman Donaldson "I move that Case WZ-72-17 be held over for one week and a decision made at that time." Motion was seconded by Alderman Abramson and passed 6-0. WZ-72-18 Rezoning Case was heard. Frank and Elmira Tubbs of Aggus Realty requested a change from Agricultural-One to Residential-Two for duplexes at 46 Avenue and Routt. Mr Barr said the Land Use Plan shows low density residential, and the parcel would be a continuation of existing Residential-Two to the north. He said the Planning Commission had recommended approval because it was in keeping with the Land Use Plan, it was not in the flood plain, and the cul-de-sac would be extended through that area when it is subdivided. Attorney George Graber of 5603 Yukon added that sanitation service had been ok'd by Fruitdale and that Valley water had indicated approval. In answer to question Mr. Graber said that though it is not a subdivision at this time, street improvements were guaranteed because the City owns one foot at the end of the present cul-de-sac and this guarantees that a minor subdivision will be filed. Motion by Alderman Abramson "I move that WZ-72-18 from Agricultural-One to Residential-Two be taken under advisement for one week with a decision to be rendered in the normal course of the meeting on August 31, 1972." Motion was seconded by Alderman Donaldson and passed 6-0. WZ-72-19 Rezoning Case was heard. Lee and Harold Kunz requested a change from Agricultural-One to Industrial for an industrial park on the northwest corner of 1-70 and Robb Street. Mr. Barr explained this was a request for a Planned Industrial Development and would be heard only once by Council and if approved would go later to the Planning Commission. /r l-.... MINUTES - August 24, 1972 - Continued -3- He said 1. The Land Use Plan showed industrial. 2. No additional ROW was required. 3 That development plans as submitted met criteria as stated in Ordinances pertaining to area, landscaping, parking area, setbacks etc. 4 The Planning Commission recommended approval on the basis that it conformed to the Land Use Plan needed no additional ROWand met all the criteria in the Ordinances 5. Only letters in file Were from Arvada Fire saying plan would meet stipulations and from Sam Gadalla saying he had reviewed the plan. 6 That the only other speaker at the Planning Commission meeting was Ivan Haun 7. That some alteration was needed in the drainage plan. 8 That he had no information on the load carrying capacity of the drainage ditches 9. Cost of providing services hadn't been broken down. 10. If buildings were made higher it would result in less lot coverage. 11 That approximately 1/3 would be in open space and would be landscaped. Freman Rader, architect spoke on behalf of Lee and Harold Kunz, the owners of record Lee Kunz was present and Attorney Fox ruled it was proper to proceed. Mr. Rader displayed drawings of the development. Mr. Rader stated 1. It conformed with the Land Use Plan. 2. It would comply fully with the drawn plan. 3 It would be fully landscaped. 4. It displayed continuity. 5 It would house the Kunz offices and Kunz was concerned about its corporate image and would be in first rate buildings. 6 Complex would include warehousing and light manufacturing, which would cause no disturbance to the neighborhood or to Kunz. 7. No open dock would show from 1-70. It would all be to the rear. 8. Buildings would be steel, masonry on front and glass. 9. Buildings would be modified to tenants wishes without changing outside appearance. 10 There would be 57,000 square feet of parking and development would be locked in to that amount by codes and not be able to expand and overcrowd. 11. All utilities had been checked and confirmed. 12. Kunz offices and parking would be built first and other buildings as tenants are obtained. In answer to questions from Aldermen Hulsey and Abramson regarding extra water because of the blacktop, Mr. Rader stated that an engineering study had been made, that water would drain to the east and that existing drainage ditches would not be used. Lee R. Kunz stated 1. He had hired an engineer, the plan had been submitted to and ap- proved by the City Engineer. 2. He had done everything that was required. 3. The property to the west was not asked for a study, but the drainage had apparently become a big problem when it reached his property. 4. Developers are bound to the plan even if tenant wants something else. 5. Few warehouses generate as much sewage as homes. 6. Pollution laws governed decibels of sound and controlled emissions. 7. The people to the west had no objection. 8. All outside storage would be fenced. Kunz yards would be in Arvada, not here, and 9. That he had a longtime good reputation in Wheat Ridge and would not jeopardize it. Alderman Abramson asked if a study of increased runoff as would be expected in an ordinary year had been made Aldermen Bramble and Pepe stated if this were wanted it should be stated in advance. Paul Walker, Planning Director on request read that portion of Ordinance No 98 which requires such a drainage plan in Industrial Zones. Mr. Kunz stated that the law says he cannot restrict natural drainage that comes onto his property and that he should be allowed to let it go on its natural course to the east. Mr. Kunz also stated that expected runoff had not been included in the engineering study. ~ c MINUTES - August 24, 1972 - Continued -4- 5peaking in Opposition were Ivan Haun of 4900 Robb who stated 1. He could 8ee nothing changed since the previous presentation. 2. The reasons for turning it down before were the same this time. 3. The only difference was its being filed under Planned Unit Development 4. That the issue was the rezoning for a purpose and eventual use, good or bad that the neighbors and Wheat Ridge would have to live with. 5. That 7.1 acres were to be rezoned industrial and the only firm committment was for a building to house the owner. 6 The rest is undefined including the type of construction, arrangement of buildings, noise, outdoor storage etc., and a large portion is being asked on faith. 7. Area is agricultural which is low density and is progressing in that direction 8. There is no adjoining industrial zoning, none in the immediate vicinity, in fact, none within 2000 feet. 9. Loading docks indicate truck traffic and access is restricted. Phone Company even keeps trucks out because of this difficulty. 10. Radius of turns is inadequate. 11. Robb to the north of this development is not a dedicated street and condemnation would be contested. Even if Quail goes through traffic would not be helped, one access may even be cut off. 12. 1-70 and Kipling according to the Denver Post was the sight of more traffic accidents than anywhere else in the City in 1971. 13. Alternative routes would be down Tabor or through Ridge Home both of which are residential. 14. Because of elevations there is no way to screen the nursing home and no screening is indicated between the home and heavy truck use. 15 The drainaqe on sheet 3 should be examined. 16 The compa1Olity of this use with the nursing home previously approved adjacent to it is questionable. 17. Drainage is of great concern, contours indicate there would be ponding on the nursing home boundary. There is indication of funneling to the northeast where there is no place to go. Ponding would result. Neighboring property owners are not aware of plan for culverts under Robb. Putting water into existing ditches would be a cause for concern by ditch companies because of oily water in summer and salty water in winter. Mr. Haun read from the State Statutes the section (53-139-60(5)) which indicates that if 2&0 of those immediately adjacent oppose, a favorable vote of 3/4 of the legislators is needed to approve and read a letter of opposition from Lee H. and Joyce Lichtenbahm and Mr. D.L. McVeigh whose property comprises 100% of the east boundary of the proposed development. Mr. Haun stated he had been sent by the Fruitdale Civic Association and that this parcel is and will continue to be of interest to the association. Also that had he not been sent he would have appeared as an individual because of the proximity of his house to this Planned Industrial Development (a distance of 180 feet.) In answer to questions he said he felt the best use of this landwo~d be open space or nice residential development as on the south side of 1-70. In answer to questions from Attorney Fox, Robert Barr said county records show the west Y2 of Robb adjacent to proposed development is dedicated and this would affect the matter of the 3/4 vote. Also speaking in opposition was Gerald Birnev of 10660 West 46 Avenue who said that 1. Specific use was important to the citizens. 2. The PID presented 2 weeks ago laved out specifics. 3. This PID was not compatible with development to the west. 4. That unless water problems were solved now, taxpayers would have to solve them later. . MINUTES - August 24, 1972 - Continued -5- Motion by Alderman Pepe "I move that WZ-72-19 be taken under advisement for one week and a decision be rendered at that time." Motion was seconded bV Alderman Donaldson and passed 6-0. WS-72-02 Fruitdale Vista Subdivision Case was heard. Mr. Barr stated 1 The property was at 47 Avenue and Miller and had been posted. 2. Adjacent owners had been notified by certified mail. 3. The Planning Commission had recommended approval 4-0. 4. That $34,000.00 had been set aside for curb gutter and streets. 5. That $2,900.00 had been placed in a fund in Lakeside Bank for storm drainage improvements and an agreement signed allowing the City to draw on the fund. 5. That a cashiers check for $2,100.00 had been written for acquisition of park land in lieu of donating 5% of the land. 7. That one person Gerald Birney had spoken at the Planning Commission hearing. Gerald Boatright attorney for the applicants stated that both Mr. Haslam and Mr. Callahan were present. Frank Callahan stated 1. That there were 14 sites for doubles. 2. That each had 12,500 square feet or more. 3. That subdivision regulations would be followed in every respect. 4. That approval had been given by Public Works. 5. That the amounts in the fund were determined by bids and are in excess of needs by 15%. 5. That a rear line easement shows where water from the development would be absorbed. 7. Water mains would be extended in the road to the south and from the west. 8. Area would be upgraded by quality homes and subdivision would be completed in 18 months. No one appeared in opposition. Motion by Alderman Pepe advisement for one week Motion was seconded by "I move that Case WS-72-02 be taken and a decision to be rendered at that Alderman Donaldson and passed 5-0. under time." Deed were presented by Robert Barr for acceptance by Council. Motion by Alderman Donaldson "I move that deeds from James and Martha Spease at 45 Avenue and Hoyt Court, Wheat Ridge National Bank at 44 Avenue and Wadsworth for deceleration lanes and two from Safeway for deceleration lanes at 44 Avenue and Wadsworth be accepted." Motion was seconded by Alderman Abramson and passed 5-0. Alderman Bramble was absent. Meeting was adjourned at 10 15 p.m. >~ (. -~>'~'&,~-f /V-C~-t---:VL,<t/'-/ Louise F. Turner City Clerk J' /.~/ h ~J- ,k -.,..- ./ v',- /' <.L/ '\ '"