HomeMy WebLinkAbout04/26/1973
MINUTES
April 26, 1973
The two hundredth 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, Mary Jo Cavarra, Joseph
Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe
Also attending were Mayor Anderson, City Clerk Louise Turner, City
Treasurer James Malone, City Attorney Maurice Fox, staff personnel,
and approximately 70 interested citizens.
Motion by Alderman Donaldson, seconded by Alderman Pepe and passed
5-1 "That the reading of the Minutes be dispensed with and that they
be approved as presented." Alderman Howard voted "nay."
BoVd Kraemer introduced Steve Pischke, the Recreation Director who
stated the new recreation pamphlets were ready and about to be dis-
tributed through the schools.
Motion by Alderman Donaldson "I move that the Minor Subdivision
Cases numbered 9, 10 and 11 be continued to the day of May 24, 1973
at the hour of 7 30 p.m. for the following purpose and reasons
1. Said cases were before the Planning Commission on
April 16, 1973.
2 The properties in said cases have not been posted to
reflect notice of the hearing
3. There has been no publication of the notice of hearing."
Motion was seconded by Alderman Abramson.
Questions were asked by Alderman Howard and not answered as to whether
or not building permits had been issued on the parcels involved and
if construction were presently in progress, could it continue,
Question was called and Motion passed 5-0.
Motion by Alderman Hulsey "I move that a Moratorium be called on
building in the two districts under consideration for mass rezoning,
that is those two for which petitions have been received, until we
can come up with a Lomprehensive Plan for the areas." Motion was seconded
by Alderman Donaldson and passed 5-0.
Comments were made questioning legality of the Motion, possibility of
lawsuits and the effect on construction where permits had been issued
and the effect on long time residents.
Mavor Anderson read a
Senior Citizens Month
Chairman of the State
Proclamation which proclaimed May 1973 to be
He presented the proclamation to Dr. Fred Wolf,
Senior Citizens Legislative Committee.
The Auditor's Report was given by Charles Hauber of Alexander Grant
and Company who stated he continued to be impressed with Wheat Ridge'S
fiscal practices and pay as you go policy.
Glen Tavlor, Public Works Director reported on Marshall Street Bridge that
after a determination is made, the bridge would be closed 80 days for
work. Also, that there would be no federal participation for a detour
around the bridge to cost $30,000.00, nor for construction easements
and possible relocation of sewer.
Dean Peterson of Ihlendfeldt-Peterson Company said in answer to questions
1. That the detour would be four 72 inch culverts to be removed
upon completion of the bridge.
2. That it would withstand a 25 year flood
3. At flood stage the girders would be two feet from the water.
There would be greater clearance when water was at normal level, but
not enough for a house to pass under. He gave no alternative to the
$30,000 00 detour.
MINUTES - April 25, 1973 - Continued
-2-
Benjamin Love, attorney for the Marshall Street Br~dge Association
asked Council to consider the needs of the people ln the area and
the effect upon them should the detour not be put in, and said he
would contact other jurisdictions whose people would be affected for
possible financial aid
Motion by Alderman Abramson "I move Council authorize Mr. Taylor
to go ahead with all necessary projects except the detour and explore
means of financing" Motion was seconded by Alderman Cavarra and
passed 5-0. Alderman Donaldson was not present.
Renewal of a 3.2% beer packaqe license for Seven-Eleven Store No.7
was considered.
Motion by Alderman Abramson "I move that the 3.2% package beer license
for Seven-Eleven Store No.7 at 9130 West 44 Avenue be renewed."
Motion was seconded by Alderman Hulsey and passed 6-0.
Renewal of a 3.2% beer package license for Kipling Self Service at
4075 Kipling Street was considered.
Motion by Alderman Pepe
for ~ipling Self Service
by Alderman Abramson and
"I move that the 3.2% beer package license
at 4075 ~ipling be renewed" Motion was seconded
passed 5-0.
A Public Hearing was held for a transfer of location for a 3.2% package
beer license for Safeway Store No. 232 at 7575 West 44 Avenue which will
be store No. 332 at 7525 West 44 Avenue. Manager Louis Rizzo of 259
Muriel Drive was present to request issuance of the license at the
new location.
An impartial survev for the City had been conducted by Edward Sullivan
who reported that out of 90 persons contacted, 55 were in favor, 10 were
opposed, 9 didn't care and 6 preferred not to sign.
No one but the applicant appeared in favor, and no one appeared in
opposi tion.
Complete proceedings were recorded by Court Reporter Ruth Carsh.
Motion by Alderman Abramson "I move the 3.2% beer package license,
transfer of location for Safeway Store No. 332 from 7575 West 44 Avenue
to 7525 West 44 Avenue be approved." Motion was seconded by Alderman
Donaldson and passed 5-1. Alderman Pepe voted "nay" and stated the
applicant had not shown proof that a license should be granted at the
new location.
A Transfer of Ownership of the Venetian Restaurant and Lounqe 3-way liquor
license from Joseph Lombardi to Venetian West Inc. was brought up for
consideration. It was determined that letters of recommendation had
not been received and the file was ruled incomplete.
Motion by Alderman Abramson "I move that the hearing for the transfer
of ownership of the Venetian Restaurant from Joseph Lombardi to Venetian
West Inc. be set for the 10th of May 1973." Motion was seconded by
Alderman Cavarra and passed 5-1 Alderman Pepe voted "nay."
The four final appointments to the Task Force were made as follows
By Alderman Donaldson
Scott Fabiano of 3175 Eaton, Ward I.
By Mayor Anderson
Charles Hockenberry of 3465 Otis, Ward I,
Gilbert Lang of 8065 West 45 Circle, Ward II, and
Betty Hosburgh of 3400 Ward Road of Ward III.
MINUTES - April 25, 1973 - Continued
-3-
A Public Hearing for a new 3-wav liquor license for
dba Red Carpet Inn to be located at 10101 West 1-70
heard. Officers of the corporation were given as
William D Mitchell and R. Max Oettli
Denver Inn West Inc.
Service Road was
Robert W Baker,
An impartial survey was conducted by Edward Sullivan
out of 100 persons contacted, 59 favored issuance of
opposed and 20 didnlt care. Of those opposing, some
already too many restaurants and drinking places.
who reported that
the license, 21
felt there were
Michael Villano, attorney of 4315 Wadsworthre~esented the applicants
and presented petitions in favor of the license with 835 names. He
stated the intent was to have a full service luxurv hotel which would
in fact create a new neighborhood.
Gerald Anderson of 9132 East Tufts Circle, who will be the manager,
also appeared
Complete proceedings were recorded by Court Reporter Ruth Carsh.
Motion by Alderman Pepe "I move that consideration of the application
of Denver Inn West, Inc. for a new 3-way liquor license at 10101 West
1-70 Service Road be taken under advisement for two weeks for a decision
to be rendered at the beginning of the meeting." Motion was seconded
by Alderman Donaldson and passed 5-1. Alderman Abramson voted "nay.11
WZ-73-2 Rezoninq Case was heard. Appllimnt Ella Apel had requested a
change from Restricted-Commercial-One to Commercial-One at 4585 to 4595
Wadsworth for a restaurant.
Attornev Fox stated
1. It had been properly published and posted.
2. The Planning Commission had recommended denial because
it would be harmful to the present use, it would cause a traffic hazard
and would set a precedent for Commercial-One where there is vacant
land that could have a higher use, and Restricted-Commercial-One would
allow adequate use of the land.
3. Contiguous zoning was Residential-Two, Residential-Three,
Restricted-Commercial and Restricted-Commercial-One.
4 Contiguous use was vacant land, singles, multiple units
and commercial.
s. Land Use Plan sho~ low density
6 It does not lie in the Flood Plain.
7 Additional ROW could be acquired at a later date.
David Deuben, attorney of 4315 Wadsworth represented the applicant and
stated
1 Changes had taken place since the property was zoned -
Wadsworth had been widened and 1-70 had caused changes.
2 When Commercial-One was requested before, the County
granted Restricted-Commercial-One instead, because no buyer was available
at the time
3. A non-alcoholic type restaurant would be built.
4. Sale was contingent on the rezoning
5 Low density as designated on the Land Use Plan waa not
reasonable It is 150 feet from commercial on the map.
5 The Planning Commission had said it was harmful to existing
uses, but in contrast - residents or businessmen at seven surrounding
locations on Wadsworth Blvd, and 46 Avenue had signed a letter supporting
the req~est and favoring the restaurant The letter was entered into
the Planning Department case folder. He asked that the change be granted.
Also speaking in favor of the change was Bud Newhouser of Wheat Ridge
Realtv at 5515 West 38 Avenue who said
MINUTES - April 25, 1973 - Continued
-4-
1. He handled all types of real estate including commercial.
2. The area had progressed beyond the low density residential
shown on the Land Use Plan
3 People with offices would like to see a restaurant in the
area and the fact that they were in favor indicated a need and could
increase land value
4. Restricted-Commercial-one allows office space and these
needs are taken care of.
5 Restricted-Commercial-one has no sales tax potential.
6. The apartment house to the rear provided a buffer.
7 No one in the room would by choice live on Wadsworth.
Mrs Apel also appeared in favor.
Motion by Alderman Abramson "I move that Case WZ-73-o2, a request from
Restricted-Commercial-one to Commercial-One at 4585 Wadsworth Blvd. be
taken under advisement until May 10, 1973 to be acted on during the
normal course of the meeting." Motion was seconded by Alderman Cavarra
and passed 5-0
WZ-73-o4 Rezon~fase was heard. Applicant F.M. Fox and Associates had
requested approval of a preliminary industrial plan on property already
zoned industrial. Proposal was a continuation of the present building.
City Attornev Fox who presented the case stated
1. The property had been properly published and posted.
2. The Planning Commission had recommended approval because
it was a continuation of present use, it conformed with the Land Use
Plan. t will enhance the Qrea already existing
A variance had been granted by the Board of Adjustment.
No additional ROW was required.
Contiguous zoning were industrial on three sides, and
Commercial-One.
Contiguous land use was
3.
the remainder
4
and vacant
S. The Land Use Plan shows industrial
5 Parcel is not in the Flood Plain
7 All requirements had been met except the rear
which was granted a variance from the Board of Adjustment.
industrial on two sides, 1-70
yard setback,
Frederick ['ox of F.M. Fox and Associates consulting engineers stated
1. He had planned the expansion under the old law when it
was in effect.
2. There would have been adequate rear yard setback under
the old law, but the new law had necessitated the request for a variance.
3 The building fronted on 1-70 Service Road and parking was
adequate.
A letter from Davis Brothers Florists expressing approval of the plan
was entered into the Planning Department folder.
Motion by Alderman Abramson "I move that the Preliminary Industrial
Plan of F.M Fox and Associates be taken under advisement for two
weeks with a decision to be rendered during the normal course of
the meeting." Motion was seconded by Alderman Donaldson and passed 6-0.
Public Hearing on WZ-73-OS Rezoning Case was heard Applicant Duaine
Richter had requested a change from Agricultural-Two, Residential-One
and Residential-One-A to Commercial-One, Restricted-Commercial-one and
Residential-One-A at 32 Avenue and 1-70, northwest corner for a neighbor-
hood shopping center, motel and single family residences. The zoning
is to be simultaneous with annexation of proposed area to the City of
Wheat Ridge
MINUTES - April 25, 1973 - Continued
-5-
CitjLAttorney Fox who presented the case stated
1 That only city residents could speak on the annexation
Anyone could speak on the rezoning
2 That the area had been properly posted and published
3 That the Residential-One-A area was zoned under the
county and was comparable to the City's Residential-One-A
4 That the Planning Commission by a vote of 5-0 had recom-
mended disapproval of the case as submitted, but would recommend approval
if the Commercial-One were amended to Restricted-Commercial-One
s. That contiguous zoning was Commercial-One, Residential-One-A,
Residential-One and Agricultural-Two
5. That contiguous use is 1-70, single family use on two
sides, vacant and a church.
7 That the parcel was not in the Flood Plain
8 ROW acquisition was not determinable at present.
9 That the existing county plan which shows low density is
apparently undergoing revision. Both industrial and multiple units have
been allowed between Youngfield and Golden.
Martin P Miller, Littleton, attorney represented the applicant and
stated
1
2.
be changed
3 7.8 acres is proposed for commercial.
4 That changes in zoning to Commercial-One for a motel and
to Restricted-Commercial-One for office space were justified.
5 Wheat Ridge has lost $50-80,000 worth of sales tax with
the closing of GEM and Spartan, that overall goals of the City must
be considered and retail sales and ad valorem taxes from this proposal
would mean approximately $75,000 DO to the City
5 The time is now because House Bill 377, if passed by
legislature, will create a veto board which could veto any zoning by
by any county or city This could deny the City the right to make the
determination at a later time
7 That an area of 274 acres (shown on a displayed map) had
been rezoned by the county for Coors for gravel exploration
8. That the Applewood Homeowners Assoc. had approved this
rezoning because it was agreed that gravel would be extracted only on
this parcel
9 That the large area shown to the south, the balance of some
900 acres, was zoned Agricultural-One and gravel extraction was allowed
in Agricultural-One and only required action of the Board of Adjustment.
Also that a Boulder court had ruled that permitted uses could not be
denied so the agreement would be meaningless unless the zoning were
changed, and that gravel trucks presently run from 5 DO a.m. to 10 DO p.m
10. That he understood the objections of the Applewood homeowners
11. That it would be beneficial to the applicant to annex to
Wheat Ridge, and
12 It would be mutually beneficial to Wheat Ridge.
1.3 acres were proposed for Restricted-Commercial-One
The Residential-one-A area which is .75 acres would not
To~Kist~peit of 2200 West Alameda with 14 years experience as a City
Planner said he had investigated use of the applicants land and had analyzed
general development in the area, the immediate site and alternate uses,
analysis of development on the site itself, impact statement on city
and county
1 He said the changes in zoning to the north had been covered.
2 There is existing commercial and the freeway to the east.
3 That traffic count studies indicared 1-70 both directions
north of 32 Avenue had 17,200 vehicles per day and south of 32 Avenue
13,000 vehicles per day 32 Avenue had 13,500 vehicles west of 1-70
and 7,350 vehicles per day east of 1-70.
4. That single families did not seem reasonable and industrial
was not warranted next to residential, and that the most feasible was
commercial and restricted-commercial
MINUTES - April 25, 1973 - Continued
-6-
5 That impact to the City was as follows a 3/4 of
advalorem tax or approximately $60,000.00 net w~uld go to the schools
5% or $10,000.00 would go to the City, 20% or $40,000.00
would go to rhe county, 55,000 square feet of motel and retail should
gross $5 million, and at 1% the City would realize $50,000 The expenses
to be incurred by the City would be only for police protection
5. The proposed use was reasonable and was consistent with
being most advatageous to the City.
7 The development could serve the area to the west and there
might be a reduction of traffic on 32 Avenue, with or without this
development because of the new highway to the north.
8 That the Jefferson County Comprehensive Plan was under
revision and that I'in contrast to the preponderance of low density, nearly
every major interchange so far, has been zoned or designated for commercial
use."
Dr. Robert Johnson, Denver University archeologist said
1 That in June 1971 the decible level was 64-70 with trucks
at 70-75
2 That in March 1973 gravel trucks registered 80-89, this
represented peak values taken 3D-SO feet from the service road, and that
there was never 5-10 minutes without a truck
3 That an increase of 3 dba represented doubling of the energy
4 That the state has established 55 dbals for residential
areas, 7 a m to 7 pm, and 50 dbals from 7 p m. to 7 a.m
5 That with the existing noise pollution, he didn't believe
anyone would buy it for residential
Duaine Richter of 2860 Berry Lane, Golden, the applicant stated
---------- 1. He was owner of the property. He had owned it for 5 years
and that he desired to annex to Wheat Ridge and that the contiguous boundary
was in excess of 30%.
2 It was not under option
3 That gravel extraction was extensive 300 feet north of
his property and very extensive north of the golf course.
4 That Rio Grande Co had estimated the gravel in the 244
acres that was zoned industrial (McIntyre east) to be 7 million tons
which Rio Grande will remove in a 10 year period.
5 The existing roads are 44 Avenue and 32 Avenue
5 The agreement between Applewood Homeowners and Coors stipulated
that trucks would enter 32 Avenue at two locations only, McIntyre on the
west and the service road past his property on the east.
7 The amount breaks down to 350,000 tons per year in each
direction or 1,000 tons per day, or 100 trips per day past his property.
8 The completed portion of the Jefferson County Future Land
Use Plan shows interchanges to be primarily commercial
9. The plan has been long under consideration, but was delayed
until after the Coors zoning.
10 Restricted-Commercial, office area acted as a buffer.
11 The Residential-One-A area would remain Residential-One-A
12 The Commercial-One would allow retail as well as a motel for
highway oriented uses.
13. Utilities were available, sanitation from Northwest Lakewood
and water from Consolidated Mutual
14 That traffic might be reduced at the intersection, if this
were granted because people from the west must go past this location to
reach retail area.
15. That the Planning Commission had recommended acceptance if
the commercial zone were Restricted-Commercial-One for office building
use onlV
16. Tha+ parcel was not suited for the entire amount to be an
office park development, but for highway oriented commercial uses, from
east to west every highway interchange including Wheat Ridge but excepting
one on South Wadsworth was commercial or industrial.
MINUTES - April 26, 1973 - Continued
-7-
17. A planned development was not realistic on commercial
ground because one must get a tenant first and build for him and tenants
prefer not to commit themselves if the zoning is not proper
18 A motel would have to be structured to screen the mise
19 That 33 Avenue would be vacated and a cuI de sac used
20 That 9,500 square feet of Hesidential-One-A would be
kept to allow enough Residential-One to build.
Some of the above comments were in answer to questions from Council.
Roq~rt Barr, former Current Planner was called in and in answer to
q~estions stated he had doubts as to whether a planned development
zoning could be used in conjunction with an annexation beca~se of timing
involved.
Speaking in. opposition were
Douglas James, attorney of 9580 West 14 Avenue who stated
1. 700 families comprise the Applewood Homeowners Assoc.
from west of the annexation area and south of 32 Avenue including an
area south of what was shown on the map on display
Mr James called Mrs. Mary Dolter of 3238 Zinnia Court who had circulated
petitions Mrs Dolter stated that according to CRS-139-50-5 a rezoning
change requires a 3/4 vote if 20% of the adjacent area to the area to
be rezoned is in opposition. She stated all persons adjacent to the
west had signed and comprised more than 20% of the total.
In answer to questions, as to signers to the north and south of the
property and west of the property to the south by Council and City
Attorney Fox, it was determined by Mr Fox that all property owners
who signed lived to the west of the property.
Alderman Abramson asked if the 20% rule applied and pointed out that
rezoning had not been requested on the perimeter on the west
AttorneJLFox replied the 20% rule was the same one Council had confronted
at other times involving property owners adjacent to the front or rear
or within 100 feet thereto and required that Council determine the front
and/or rear Also, that Council had to determine whether or not there
actually were adjacent owners when the 10 foot perimeter strip was
not to be rezoned.
Attorney Fox stated that access would have to be from 32 Avenue and
that the ~rece~ding comments were an attempt to abbrogate common law
of "majority rules"
He called Ed Watlington of 3249 Zinnia Court who presented petitions
on which he and two others had obtained signatures of 94 residents of
Wheat Ridge including the area backing up to the shopping center who
protested the rezoning and annexation They opposed increased traffic
in the area where children walked to Manning Jr. High School He said
an additional 31 persons contacted did not sign the majority of whom
said they feared recourse. He added in answer to a question that the
property should be residential.
Mr James stated
1. The area was still a pleasant place to live.
2. That the gravel trucks were not disturbing.
3 That commercial could also generate noise
4. That school buses reach 74 dba but are a normal residential
use
s.
5
commercial
7.
8.
9
10
11
would not be
They bought in a residential area.
There was no buffer assured between the houses and the
Perhaps a buffer could be density residential
The need for commercial had not been shown.
There would be added danger to children walking.
32 Avenue was not wide enough to carry the cars.
Since Applewood residents now shop in Wheat Ri dge, the re
an increase in sales tax benefits.
MINUTES - April 25, 1973 - Continued
-8-
12. The City would incur expenses in improving roads
13. That the Homeowners Assoc. had supported the Coors
proposal that the area would not still be under gravel extraction in
10 years, but there would be reservoirs.
14 That Coors Attorney Bradley had said that in 7-10 years
the area will be conducive to residential use
15 That "rezoning poorly" was not the answer to a possible
Governorls veto
16 That the Association was willing to "set down with Mr.
Richter to find something conducive to residential living and that it
would be better to work it out with the Association and not fight each
year."
17 (In answer to a question), the use should be high density
mul tiple uni ts
Louis Bruno of 14050 Foot Hills Circle, Golden stated
1 He had appeared at a hearing a year and some months ago,
as president of the Applewood Homsowners Assoc.
2 The Board passed a resolution against Commsrcial-One
3 That there was no substantial need for a change even though
Mr Miller had attempted to show a change via the Coors rezoning.
4 Commercial in the area hasn't been satisfactory
5. Shops come and go as do gas stations.
5 The advent of Woolco and Walgreens lessen the need for
any additional commercial.
7 That Coors is a complex problem and that negotiatim followed
the proposal of rezoning some 900 acres, when Coors advised that it was
going to expand.
8. The homeowners agreed on Coors need to go industrial, but
only for the part w~ere it would not affect the integrity of homes
9 It would be a water supply source for the area w~ich would
in the long run benefit and preserve the community through the provision
of ponds
10. There had b5en an agreement on traffic and hours, he thought,
7 a m to 6 p m and not Sundays or holidays.
11 Everything south to 25 Avenue and east to the Interstate,
except the church, school and country club was single family housing,
the apartments north of 32 Avenue were outside the area as was Coors
12. One could only speculate on front and rear of the proposed
annexation area, but the shopping center east of 1-70 faces 1-70 and
this one would have to face the service road.
13. Traffic was 11,000 by the Association's count.
14. Though Mr. Richter had said traffic in the intersection wouldn't
increase, more could be generated by cars coming off the interstate.
15 There is no assurance of income to the City, shoppers already
go to Wheat Ridge and income is only from a "going concern."
15. The Council had rsjected the plan once before.
17. This would be the first commercial west of 1-70 and would
be a thumb sticking out of tis natural boundaries
18. In answer to a question he acknowledged that he had stated
at the last hearing that if Applewood were to incorporate, it would feel
this property should be commercial.
Charles Daugherty of 13187 West 33 Avenue who said
1 He is a pharmacist for a Walgreen Store downtown and that
the new Walgreen Store is slow.
2. That nothing would be gained when the tax is already going
to Wheat Ridge.
3 That access is not good
4 There are two schools in the arsa.
s. That he hadn't seen many trucks and hadn't heard the gravel
crusher.
MINUTES - April 25, 1973 - Continued
-9-
Summarv_~Attornev Miller for the applicant
1 They had met for 36 months with the Association.
2. They say 32 Avenue is not wide enough, but they opposed
widening it.
3. That the county has said interchanges should be commercial
4 Applewood Homeowners have complained about the traffic,
but entered into an agreement to put 100 trucks a day past Mr Ricter's
property without his consent
5 That the comments on schools were "scare" type comments
6. That the 20% rule couldn't be considered
7 That changes had been effected by the highway.
~ummarv bV Attorney James in opposition
1 All residents to the west had signed in opposition.
2 A need for commercial hadn't been shown They had only
shown that there was no use for other types of zoning
3. The present Comprehensive Plan for Jefferson County
shows denSity
Complete proceedings were recorded by Court Reporter Ruth Carsh.
Motion by Alderman Abramson "I move Case WZ-73-05 be tabled for
two weeks for a decision to be rendered in the normal course of the
meeting on May 10, 1973" He added that the outcome of the annexation
would be contingent on the rezoning and would be considered at that time
Motion was seconded by Alderman Cavarra and passed 5-0.
Motion by Alderman Hulsey "I move that the Treasurer be authorized
to purchase two 10,000 gallon deliveries of gasoline from Chevron Oil
Company at a total cost not to exceed $2,940.00 from Account 431.42 "
Motion was seconded by Alderman Donaldson and passed 6-0.
Motion by Alderman Hulsey "I move the two deeds from Holt-Chew Motor
Company be accepted." Motion was seconded by Alderman Abramson and
passed 5-0.
Meeting was adjourned at 2 DO a.m.
-'
:--!vii.J.<
Louise F. Turner
City Clerk
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