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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 /' -/-r, -FL-L..J......--_ r-- 7') "') //c/' ")