HomeMy WebLinkAbout03/22/1973
MINUTES
March 22, 1973
The one hundred and ninety sixth regular meeting of the Wheat Ridge
City Council was called to order at 7 30 p.m. at 7390 West 38 Avenue
bV Mayor Albert Anderson, and at 7 40 P m Mary Jo Cavarra was sworn
in as Alderman in Ward III to fill the vacancy caused by Jack Bramblels
resignation Judge C F. Johnson performed the swearing-in ceremony.
Other Aldermen present were Dr. Paul Abramson, Joseph Donaldson,
Robert Howard, Calvin Hulsey and Ray Pepe.
Others attending were Mayor Anderson, City Clerk Louise Turner,
City Treasurer James Malone, City Attorney Maurice Fox, applicants
and attorneys present for hearings, staff personnel and interested
citizens.
Motion was made by Alderman Donaldson, seconded by Alderman Pepe, and
passed 6-0 "That the reading of the Minutes be waived."
Motion by Alderman Abramson, seconded by Alderman Donaldson and passed
5-0 "That the Minutes of the meetings of February 1, 1973, February 8, 1973,
March 1, 1973 and March 15, 1973 be approved as written."
A Preliminarv Hearing was held for the location transfer of the 3.2%
Beer Package License for Safewav Store No. 232 from 7575 West 44 Avenue
to 7525 West 44 Avenue.
Louis Rizzo of 259 Muriel Drive, manager of the Safeway Store #232
was present
Motion by Alderman Howard "I move that a Public Hearing be set for
April 26, 1973 and that a one mile radius be established as the
neighborhood" Motion was seconded by Alderman Abramson and passed 5-0.
A Hearing was held for the transfer of ownership of the Twenties Restaurant
from Twenties Inc p corporation owned by Mr. and Mrs. Norman Markel to
Country Broker Inc., all stock of which is owned by Frederick Borra
Mr. Fred Borra, owner and manager was present. Also present were Mr.
Frank M. Folsom and Mrs. Harriett Spicer who were the other corporate
officers and Stanford Hertz, attorney. No one else appeared either in
favor or in opposition.
Complete proceedings were recorded by Court Reporter Randy York.
Motion by Alderman Pepe "I move for approval of the transfer of the
3-way liquor license for the Twenties Restaurant to Country Broker Inc."
Motion was seconded by Alderman Hulsey and passed 6-0.
A Hearing was held for the transfer of ownership of the House of Lords
from Wilbur Varra and Cosmos Lallas to Wendel Enterprises, Inc.
Attorney George Graber represented Mr. and Mrs. Herman Wendel - the
applicants - who were present. Mr. Lallas and Mr Varra also were present.
The following points were brought out that the trade name would remain
the same, that Wendel Enterprises was a new corporation, that the
applicants had never been charged with a felony, and that Mr. Wendel
was experienced in restaurant management.
No one else, but the applicants and Attornev Graber gave testimony,
either for or against the transfer.
Motion by Alderman Hulsey "I move that the transfer of the 3-way liquor
license of House of Lords at 4111 Kipling Street to Wendel Enterprises be
approved." Motion was seconded by Alderman Abramson and passed 5-0.
MINUTES - March 22, 1973 - Continued
-2-
Complete proceedings were recorded by Court Reporter Randy York.
WZ-72-36 Rezoning Case was heard. Robert Barr acting Planning Director
stated that Applicants Holt-Chew Motor Company and Frances Hawkins
had requested a change from Agricultural-One and Commercial-One to
Commercial-One for business and commercial uses. The pro~ty is at
44 Avenue and Kipling, southwest corner and is 4.26 acres.
The Planninq Commission by a vote of 2-1 with others abstaining because
they had not attended the Hearing, recommended approval "with a proviso
that a 50 foot dedication be made to tie in with a 50 foot property
dedicated previously made for a street alignment of 42 Avenue," and
they felt it was in keeping with the surrounding area and in compliance
with the Land Use Plan.
Mr. Barr added
1. The property had been properly posted and the notice published.
2. Mrs Hawkins owned the northeast corner which abuts a
corner piece of property, already zoned commercial and owned by Mr. Chew.
3 A narrow strip on the north side of Mrs. Hawkinsl property
was commercial and the rest of the proposed area is agricultural.
4. The balance of the property - south, southwest, west and
northwest of Mrs. Hawkins' property is owned by Mr. Chew.
5. He also owns agricultural property west of the proposed
rezoning.
5. That the B~estion of a stop sign on 42 Avenue had been discussed
Mr. Barr was not certain1~@ned the property south of the area proposed
for rezoning.
7 That the possibility of a Planned Commercial Development
had been brought up but in order to file a request for a Planned Commercial
Development, the applicant must know what will be built.
Mr. Barr, on request read the Minutes of the Planning Commission Meeting
on December 18, 1972 as they pertained to Case WZ-72-36
David Deuben, attorney with offices at 4315 Wadsworth represented Mr. Chew
who was present and Mrs. Hawkins who was not present
Mr Deuben asked that Planning Commission Minutes of December 18, 1972,
January 15, 1973 and February 5, 1973 be made a part of the record They
are attached to the Minutes.
Mr Deuben distributed three maps, one a reproduction of the City Zoning
Map for the area, one showing ownership of parcels and a large map of the
area proposed for rezoning. He asked that all three be made a part of
the record. They are filed in the case folder in the Planning Department.
Mr. Deuben stated
1. This lent itself to commercial because of the interssection
of two thoroughfares.
2. Uses on 44 Avenue going west included a gas station, bar
and television center, to the south were apartments and then a cattery
and south of Clear Creek was House of Lords Restaurant, to the east are
a service station and used car lot, and to the north are apartments and
1-70 Highway
3 The change in the immediate area from Clear Creek to 1-70
had been toward more intensive use and toward high density.
4. Granting of the request would round-out a piece of commercial
land.
5. Development of the property was not feasible with the
ownerships involved.
6. That Mr Chew had owned the property at least 14 years.
7 That open land is ok but Dwners should have the right
to use the land
8. The question is where the commercial should stop, that
perhaps the Restricted-Commercial south of Clear Creek should be the buffer
g. That Commercial-One is the only feasible use of the area
proposed for rezoning.
MINUTES - March 22, 1973 - Continued
-3-
Mr DeubBn callBd Frank P. Callahan real Bstate broker whose business
address is 7020 West 3B Avenue as an expert witness. Alderman Hulsev
questioned the fact that the expert witnBss was also thB person selling
the property The chair ruled he could be heard and Council could
weigh the testimony.
Mr Callahan stated
1. That the agricultural land to the south is owned by
Mr. and Mrs Brown who plan to continue their present use.
2 That the character of the neighborhood has changed and
that the density of the area has taken place in the past two years
3. That traffic on West 44 Avenue had increased 14.8%.
4. That he did not have a user for the property at the
present time, but in the past interested people would not consider it
unless it were zoned Commercial-One They didnlt want to get involved
in a zoning action.
S. That the property doesnlt lend itself to agricultural
or to low density
5. To the south is pasture which is of no service to the
community.
7 That there is need for commercial development and need
for a shopette.
B That there was no way for it to be a Planned Commercial
Development.
9 That he would recommend, if it were rezoned, having one
developer who would lease it out and in this way avoid the problems of
dividing it and the subdivision regulations.
10 That there had been no opposition.
11. In answer to Alderman Howardls question to the propriety
of a piece of agricultural land with commercial on three sides, Mr. Callahan
said there would be no problem in getting it rezoned later.
12 That this proposal was ideally suited to Commercial-One
and in his opinion no other use was possible.
13 That an access road would help and that egress should be
only to the south on Kipling Street, and that a lane north to 44 Avenue
would provide ingress and egress.
In answer to questions from Alderman Howard, Mr. Holt-Chew stated the
Holt-Chew Motor Company is not actually in the auto business and was
not likely to put a motor company on this property if rezoned
Speaking in Opposition was
John Opie of 10235 West 33 Avenue who stated
1. Kipling is becoming another strip of commercial zoning
like Wadsworth and like 38 Avenue from Sheridan to Wadsworth.
2. Land Use Plan was to eliminate some of the strip zoning.
3. Present zoning on Kipling was a conglomeration including
agricultural and Residential-Two across the street and Residential-One.
4. Council had not allowed commercial rezonings on Kipling.
5. There was commercial land on 44 Avenue that was not developed
and there was no reason for the commercial to be extended until it was needed.
6. That if one considers the sellers - Mrs. Hawkins would leave
and have no more interest, Mr. Callahan was an Arvada resident doing
business in Wheat Ridge and he didn't know where Mr. Chew lived.
7. That the reason for the request was a profit motive.
8 That a shopette was not needed with one a short distance
to the east on 44 Avenue and with Safeway on 32 Avenue and Kipling.
9. That the Planning Commission recommendation was with
reservations
10. That the developers keep "Shoving in" more commercial
and more density and their profit is at someone else's expense.
11. The existing pasture which Mr. Callahan said served no
purpose, also was no cost to the CitV_ That possibly the area as it
exists now, might be the highest and best use. He noted that people to
the south were keeping their present use and in answer to Alderman Pepe's
question as to the best zoning for the area, stated that Residential-One
is out, Residential-Two is possible and there is presently far too much
Residential-Three.
MINUTES - March 22, 1973 - Continued
-4-
MoLion by Alderman
advisemenL for one
on March 29, 1973 "
Pepe "I move that Case WZ-72-35 be taken under
week with a decision to be rendered in these chambers
Motion was seconded by Alderman Hulsey and passed 5-0.
WZ-72-40 Rezoning Case was heard. Applicants Jim and Elizabeth Helbig
of Madison Properties requested a change from Agricultural-One to pro-
posed Industrial for "planned office - Industrial-Commercial Park" on
9 755 acres at 49 Avenue and Independence on the northeast corner.
Mr Barr stated that the Planning Commission by a vote of 4-1 with
Mr. Lewman voting "nay" had recommended approval "because it is in
harmony with adjacent districts and their uses even though it does
not conform with the Land Use Plan and it should not cause undue traffic
hazards and is an appropriate use for this parcel of land." Mr. Barr
stated the property had been properly posted and published and there
had been no opposition at the Planning Commission Meeting. In answer
to a question from Alderman Howard, Mr. Barr stated the Land Use Plan
indicated mid-density for this parcel.
Dwight Griggs, attorney represented Madison Properties Inc. or the
"Kipling 5000" Development which is owned by the Helbigs, Robert Williams
and Dwight Griggs. Mr. Griggs stated
1. This corporation has built many large developments in
other cities including Rapid City, South Dakota.
Ron Haisington, Planning Consultant with offices at 1601 Emerson stated
1. That he resided at 3281 Alkire Street (in Jefferson County.)
2. That a map distributed to Council was to be read into
the record. (The map is included in the Planning Commission folder of
Case WZ-72-40.)
3. That the Arvada homeowners still, as of a meeting Saturday
morning (March 17, 1973) were still recommending a road in the area to
the east, and this plan shows a ROWand future road on the north to
Independence on the east.
4. The plan shows two small exclusions - one is the water
tanks, and the second are some older residences to the south.
5. That Independence is a gravel road.
6. That the topography is flat with two ditches which are
the "Slough Ditch and the Sayer Lee Ditch."
7. That both ditches flow from west to east and can be piped.
8. That there is a gravel pit lake to the east.
9. That area zoning shows, 1-70 to the south, Kipling west of
a commercial property to the west, north of it is commercial and Residential-
Three and north of them is Residential-Three which is Olympia Ridge.
10. That south of 1-70 is Commercial-One with restaurants
and filling stations.
11. There is agricultural zoning and use south of the property
to the west.
12.
east of these
13.
14.
commercial on
15.
were present.
15. The owners had elected to go into a "planned office
industrial park" which would blend with the residential to the east and
the commercial to the west.
17. That this was an alternative to the Land Use Plan and not
in conflict with its intent.
18. That the statement of intent which was read in full was to
be a part of the record. This statement is attached to the Minutes.
19. That buildings would comprise/or cover 40% of the property.
20. Internal roads would be privately maintaned perpetually.
21 That the location justifies the use for it is not in
conflict and is a transition area
22. There would be no contribution to the overloading of schools.
The use recommended - that of mid-density - would add much loading to the
schools, but this would add none.
Property to the south and southwest is undeveloped and
is Caesar's Square which is an apartment development
To the east is undeveloped.
The proposed rezoning would provide a transition from
the west to the mid-density on the east.
That all owners of the development company "Kipling 5000"
MINUTES - March 22, 1973 - Continued
-5-
23. No addition to the decible level at the boundaries and
whatever reduction of ground absorption resulted would go into the ditches.
24. Engineers drainage study would be part of a later plan
and ponding would be provided for on the parking lots.
25. About half of the green area would be in the border,
and the other half around the buildings. There would not be a large
internal green area
26. That the decible level given did not apply to the trucks
at the 18 loading docks.
27. That traffic would be shown on a later plan if the zoning
were approved.
28. That coverage given as 159,000 square feet could be up
to 300,000 square feet because of height allowance.
29. That the development intended to set sufficient restrictions
so as to be acceptable to Council.
In answer to questions, Citv Attornev Maurice Fox stated this involved
concept of zoning, that the concept of use would come later and that
if this plan were approved, Council and the developer were bound by the
percentages presented. He added that the developer could require less
but not more
Robert Williams of 5844 Dover, Arvada one of the owners of Kipling 5000
stated
1. That the modular concept had been used in other developments
by the company.
2 That short term leases and small units had been used for
flexibility.
3. In answer to a question from Alderman Howard , he said
that no residences were close to its development at Stapleton, that
industry preceeded the residential there and that in the proposed locations
there were houses along 49 Avenue to the south and that higher density
residential was possible due to the zoning to the east and north.
4. That the investors intended to retain ownership.
Benjamin Love of 3785 Marshall, speaking for the board of the Chamber
of Commerce said the proposed development was environmentally good, was
the type of development the City had been seeking, would not add to school
or traffic problems, and had no noxious aspects. In answer to a question
from Alderman Howard he said he was not certain of the Chamber of Commerce
position as to this area in respect to the Land Use Plan. Mr. Barr stated
a former request for Planned Residential Development on the property had
been denied.
No one else appeared in favor and no one appeared in opposition
Motion by Alderman Abramson "I move that WZ-72-40 a proposal for an
Industrial Development Plan be tabled one week for a decision to be
rendered on March 29, 1973." Motion was seconded by Alderman Donaldson
and passed 6-0.
WZ-73-o1 Rezoning Case was heard. Mr. Barr stated
1. Applicants Charles and Martha Knouff had requested a change
from Agricultural-One to Residential-Two-A on 8.594 acres at 50 Avenue
and Independence, the northeast corner.
2. The Planning Commission by a vote of 4-1 recommended
approval because the denSity fell within the limits of the Land Use Plan,
it was an approved use for the parcel and the developer was willing to
make the proper dedications for right-of-way.
3. That Residential-Two-A would allow 10.89 units per acre,
and the Land Use Plan designation of mid-density would allow up to 14
units per acre.
4. Two people had appeared in opposition at the Planning
Commission hearing.
5. The property had been properly posted and notice published.
5. That though commitments had been made regarding dedication
of ROW this would not be done at the time of rezoning but rather at the
time of platting.
MINUTES - March 22, 1973 - Continued
-6-
Attorney Willard Humphrey representing the applicants stated
1. That Warren Cruise, holder of a contract with the owners
was present
2. That they had no objection to the proposed industrial
on the west.
3. That they would work out a roadway to the north by
dedication along the Public Service ROWand also on Indiana.
4. That zoning to the northwest is Residential-Three-A.
s. That he had submitted plans for annexation to the
north and that Arvada probably has plans for a highway there, but that
he had not been approached by Arvada regarding the road.
5. That he had received a commitment for water from Valley
Water District.
7 That he had submitted plans to Clear Creek Sanitation
District, but had not yet received an answer, but that Clear Creek
Sanitation District handles its own sewage and is not involved with
Denver Metro.
8. That drainage plans would be submitted at the time of
platting.
9. That this w~uld not be an apartment area, but would be
Residential-Two-A.
10. That Residential-Two-A would be the highest and best
use of the land and would compliment the development to the west and
surrounding properties.
Speaking in Opposition was
Mrs. Irene Gimeno of 5075 Garrison who said
1. That she had lived there 25 years and that she objected
to a change that would allow multiples.
2. The area had reached a high saturation point with apartments
that eitheP;ftruilt or in process to the north, west and to the south, and
this would be to the north.
3. The Olympia Ridge Apartments were three story buildings
with 48 families per building, contributing some 300 cars to the area.
4. The proposed rezoning would cause more families, more
cars and more traffic congestion.
5. That the area doesn't need more apartments, that there
is no place for the children. Field Park is the nearest park and not
accessible to them.
6. That if the City wanted the best use for the proposed
area, it should be a park, or if not that, it should be single family
homes which would bring stable rather than transient people and be
more beneficial to Wheat Ridge.
7. That another family also is opposed but was not able to
come.
8. The density that has already been put in the area has
created the need for parks and also sidewalks because of the traffic.
9. That the children should be considered and what they need
is parks, not additional congestion.
Also speaking in opposition was Ben Gimeno of 5075 Garrison who stated
1. The present denSity has affected education by necessitation
of double sessions and triple sessions at Arvada High School.
2. That apartment dwellers are not taxpayers and will not
be involved in the area's problems.
3. That parking has become a problem at the school.
4. That additional densitv would lessen the quality of
education.
Motion by Alderman Pepe "I move that Case WZ-73-01 be taken under ad-
visement for one week with a decision to be rendered in these chambers
at 7 3D p.m." Motion was seconded by Alderman Abramson and passed 5-0
Motion by Alderman Abramson "I move that the City Council of the
City of Wheat Ridge respectfully request that the Jefferson Countv
Commissioners obtain a study of the effects of the proposed development
by the Adolph Coors Company in the Clear Creek Flood Plain upon the
other residents of the Flood Plain." Motion was seconded by Alderman
Cavarra and passed 4-2. Aldermen Pepe and Howard voted "nay."
Meeting was adjourned at 11 15 p.m
,
Louise F. Turner, City Clerk
ATTACHMENT TO CITY COUNCIL MINUTES - 3/22/73
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ATTACHMENT TO CITY COUNCIL MINUTES - 3/22/73
STATEMENT OF INTENT
The intent of this plan is to provide specialized office, light
industrial or commercial opportunities to selected clientel whose
needs range midway from identity or want to be in a large
industrial park or large office center We wish to cater to
the smaller tenant users who wish close proximity to arterial
highway systems along with a pleasant environmental setting
related to other commercial and residential activities A
secondary intent of this plan is to accommodate users who
blend with the character of this location for a pleasant mix of
existing and proposed land uses in the area It is not the intent
of this plan to isolate itself from this neighborhood but to be
part of and have a sense of belonging to this neighborhood The
sense of place in this neighborhood is more particularly described
in the regulations governing this plan, as attached
DEVELOPMENT REGULATIONS
1
Total Land Area
9 7 Acres :t
or
422,500 square feet
2 Maximum Bui lding Height - 30'
3 Maximum Stories - 2
4 Setbacks
Front
to Bui lding 50'
to Parking Bay 20'
Side
to Building 25'
to Parking Bay 20'
West Property Line
to Parking 5'
(with privacy fence)
NOTE Specific interior setbacks between structures to
be shown on Preliminary Development Plan
5 Land Utilization
Use
Sq Ft
10 Land Cove rage
Buildings
Loading
18 docks X 900 sq ft
Parking for Bui ldings
2 cars per 1,000 sq ft
or 338 X 350 sq ft
Open Landscaped Area
169,000
40 0
18,000
4 3
118,300
1 1 7, 200
28 0
27 7
TOTALS
422,500
100 0
6 Landscaping
Landscaping shall be installed by the developers in all setback
areas to provide screening and buffering of interior uses
Further landscaping shall be placed at key locati::ms adjacent
to buildings to provide artistic landscape effects consistent
with the plan intent All landscaping and screen planting shall
be of standard available indigenous plant materials and wi II
be completely installed during the first growing season after
completion of any phase of this plan Plant Materials to
be used will be in accordance with the following list:
/
A
Large trees shall be of at least 1~" - 5" caliper and
will be selected from the following varieties, and will be no
more than 30' apart
1 ) Russian Olive
2) Honey Locust
3) Maple
4) Linden
5) Ash
6) Flowering Crabapple
B Large evergreen trees shall be placed no further apart
than 30' and shall be at least 6' high and will be selected
from the following varieties
1) Scotch Pine
2) Ponderosa Pine
3) Austrian Pine
4) Native upright junipers
C Additional plantings of smaller evergreen and deciduous
shrubs shall be placed aesthetically between the above
large trees, and ground covers and aggregates of various
effects shall also be used between larger type trees
D All the above planting effects shall be reviewed by the
City of Wheatridge Planning Department and City
Engineer for conformance with site distance, height and
traffic controls as they may require
7 All trash receptacles or containers of any kind shall be under
cover and hidden by screening of various methods consistent
with the overall architectural intent of this PD plan
8 An ownership or management entity shall provide perpetual
maintenance of buildings, parking areas, driveways, landscaping,
fencing, trash removal, walkways, etc , agreeable and
satisfactory to City standards
9 All necessary easements for ingress and egress of emergency
vehicles shall be provided, as required by the City of
Wheatridge
10 Maintenance and compliance with the PUD regulations of
all items shall be consistent with the standards existing
and those in the future set and determined by the Planning
Commission and the City Council of the City of Wheat ridge ,
or by applicable ordinance of the City of Wheatridge
11 All fences specified as solid fences shall be of a quality of
"grape stake" (prime grade) or better, provided, however,
that this provision shall not exclude a solid decorative wall
of masonry type construction
12 All signs for identification of this area shall be of blending
architectural character and shall conform to existing sign
codes of the City of Wheatridge The project sign designs,
locations, size, and materials shall be approved by the City
of Wheatridge prior to any installation
13 Lighting of any areas, buildings including parking lots shall
be controlled so that the direct light rays emitting therefrom
shall be restricted to the perimeter property lines No
lighting standard shall exceed 25' in height
14 Maintenance of all architectural, landscape, paved or
walking areas shall be treated perpetually by any and all
owners, leasees or future heirs or assigns to insure
proper maintenance and character of this area
15 All noise provisions of the Wheat ridge City Code shall be
maintained, plus there shall be no objectionable noise
emitted from this area from 8 p m to 6 a m dai ly
1 6 Uses to be Pe rmi tted
a Small office capability for
1) Architects
2) Engineers
3) Manufacturers' representatives
4) Contractors
5) Etc
b Light Fabrication
c Small component parts and supplies distribution, etc
d Light Warehousing
e Photographic reproduction work
f Computer storage
g Printing type suppliers
h Small appliance repairs and training center
Subcontractors storage area and office
j Any other use consistent with the above uses, subject
to the approval of the City of Wheatridge
* Under no circumstance will there be allowed a use that
would be noxious, emit foul odors, abnormal smoke, noise
over 60 decibels or any other use that would be consistent
with the term noxious