HomeMy WebLinkAbout10/11/1973
MINUTES
October 11, 1973
The two hundred and sixteenth regular meeting of the Wheat Ridge
City Council was called to order at 7 35 p.m at 7390 West 38 Avenue
by Mayor Albert E Anderson.
Aldermen attending were
Howard, Calvin Hulsey and
later
Dr Paul Abramson, Joseph Donaldson, Robert
Ray Pepe Alderman Mary Jo Cavarra arrived
Others attending were Mayor Anderson, City Clerk Louise F Turner,
City Attorney Maurice Fox, staff personnel and interested citizens
A portion of the Minutes of October 4, 1973 was read.
Motion by Alderman Pepe "I move that the Clerk dispense with reading
the remainder of the Minutes and that they be approved as written."
Motion was seconded by Alderman Abramson and passed 5-0.
Motion by Alderman Pepe "I move the reading of the Minutes of September 27,
1973 be dispensed with and that they be approved as written." Motion was
seconded by Alderman Abramson and passed 5-0.
MS-73-11 Minor Subdivision Case was heard. Glen Taylor, Acting Director
of Public Works stated
1. Applicant was William Johnson, Donald Fields and Larry
Jackson
2.
3.
4.
5.
on April 16,
6.
41 Avenue in
7.
Location was 41 Avenue and Nelson Street to Oak Street.
Zoning was Residential-Three-A.
Subdivision was called Wonder Vista.
Preliminary Plat was approved by the Planning Commission
1973 becaust it met the criteria of the Ordinances.
Final Plat was adjusted to show a 10 foot dedication along
order to conform to the subdivision regulations
The Board of Adjustment approved setback variances made
necessary by the dedication.
8. The Greenbelt lies to the north of the subdivision and a
verbal agreement had been drawn up to allow an easement through this
property for access to the greenbelt.
9. $9,076.00 is in escrow for improvements adjacent to the
property.
10. The final plat was approved unanimously by the Planning
Commission on September 10, 1973 because it met all specifications for
a minor subdivision and a variance had been granted by the Board of
Adjustment on the street required by the subdivision regulations.
In answer to questions, Mr. Tavlor said the second Planning Commission
Hearing was required because the 10 foot dedication didn't show on the
map, that three building permits had been issued prior to the passing
of Ordinance No. 130, area had not been previously subdivided, that
the area would drain to Clear Creek and that the easement agreement
was not written
Conrad Gardner, attorney representing the applicants stated
1. The whole procedure had been a "contractors' nightmare"
beginning with a request in February.
2. Applicant had relied upon the staff and had done everything
as directed
3. At time of final approval he was told a 50 foot street was
required, this necessitated the entire redrafting and action by the Board
of Adjustment.
4 Funds had been in escrow since February and the time had
lapsed for escrow and no paving could be done at this time and final
approval has not yet been granted.
MINUTES - October 11, 1973 - Continued
-2-
5. That the easement for access might be in exchange for
the $75.00 per unit park requirement.
6. That sewer and water had been provided.
Mayor Anderson said it had been a long time and he didn't know if the
City had been completely at fault but that it would be proper to approve
the plan as presented.
No one appeared in opposition.
City Attornev Fox said this case was handled under the same dedication
language as one which sanitation districts had objected to a week before
and if a problem arose a relinquishment could be one way to handle it.
Motion by Alderman Abramson "I move that WS-73-11 a Minor Subdivision
on 41 Avenue between Nelson and Oak be approved because the Planning
Commission recommended approval and there was no opposition to the
change." Motion was seconded by Alderman Pepe and passed 5-0.
Mr. Gardner requested an extension on the escrow until July 1, 1974
City Attornev Fox said this should be clearly stated in the record that
an extension was granted.
Motion by Alderman Abramson "I move that in Case WS-73-11 the Council
grant an extension of one year in the escrow account established for
paving of 41 Avenue as required for subdivisions "
City Attornev Fox asked for a stipulation that the extension of one year
would also apply to the right of the City to proceed against the escrow
fund M~ Gardner stated this was agreeable.
Motion was seconded by Alderman Donaldson and passed 5-0
WZ-73-14 Rezoning Case was heard. Glen Taylor stated
1 Applicant - Applewood Village Shopping Center had requested
a change from Restricted-Commercial-one to Restricted-Commercial
2 Location of the shopping center is 3400 Youngfield and request
was for the area north of the Wool co Store
3. Area was approximately 1.213 acres and use would be for a
garden center
4. Originally Restricted-Commercial had been requested for the
entire Restricted-Commercial-one area along 38 Avenue.
5. There had been objections from adjacent and nearby property
owners
6. Request had been amended at the Council Hearing on July 26,
1973 and sent back to the Planning Commission.
7 Present request was approved by the Planning Commission because
the request complied with the Land Use Plan and because it was in conjunction
with an agreement with the property owners which was binding and which
specified use of the land and landscaping and screening
A copy of the agreement is attached to the Minutes and is filed in the
general file under "Applewood Village Shopping Center Agreement." In
answer to a question, Mr Taylor stated this was a minor addition and
the land didn't need to be subdivided.
Conrad Gardner, attorney for
1. Mr. Becker was
2. That initially
whole area to be uniform.
3. Neighbors had objected
4. Present request is for Restricted-Commercial on just the
portion needed next to Woolco
5 That the agreement was legally binding and should be entered
into the City's records
6 That the City was intended to be a party to the agreement
"as a third party beneficiary."
the applicant stated
present.
the request was for Commercial-One
for the
MII\IUTES - October 11, 1973 - Continued
-3-
City Attorney Fox stated that Mr Gardner's statement as to the agreement
should be a part of the record.
No one appeared in opposition.
Motion by Alderman Hulsey "I move that Case WZ-73-14 be tabled for
one week with a decision to be rendered at 7 30 p.m on October 18,1973."
Motion was seconded by Alderman Donaldson and passed 5-0
WZ-73-21 Rezoning Case was heard. Mr. Tavlor stated
1 Applicants Gary Steffen and Hugh Bauer had requested a
change from Residential-Three to Restricted-Commercial on 7.7 acres
at 6275 West 38 Avenue
2. The case was not heard by the Council on July 13, 1973
and was rescheduled (because Mr. Bauer was not present.)
3. That property was rezoned by Jefferson County to Restricted-
Commercial in September 1967, but the change was not entered on the map
which was subsequently adopted by the City Showing Residential-Three for
this piece.
4.
5.
6
7.
8.
Land Use Plan shows commercial use
Area is proper for light commercial use
It is not in the Flood Plain.
No additional ROW is needed.
Planning Commission had recommended approval
a It conformed with the Land Use Plan.
b It did not constitute spot zoning
c. It was not in the Flood Plain.
No one appeared in opposition at the Planning
because
9.
Commission
Hearing.
Mayor Anderson asked if rezoning of the property would render a piece
of property immediately to the north non-conforming.
Robert Barr, representing the applicants, both of whom were present
stated
1 There were two structures on the property to the north
2 Applicants didn't hold title to the land
3 It had been divided prior to the time they purchased it
and prior to incorporation.
4. That the zoning approved in 1967 had not been put on the
map which Wheat Ridge adopted.
5 A change from high density to commercial would reduce the
governmental services needed, there would be no children in school.
6. 38 Avenue was a commercial street.
7. This was not extending strip zoning but filling a space
within it
8. The existing rental units would be gradually rather than
immediately connected.
9. Applicants bought the property as a piece that had already
been separated from property to the north
10 It presently contains 6 units.
11. Some business uses had been put in following the rezoning
and those still continue.
12 There are two buildings - a major and a minor one.
No one appeared in favor or in opposition.
Motion by Alderman Donaldson "I move that WZ-73-21 be tabled for one
week for a decision to be made at that time." Motion was seconded by
Alderman Abramson and passed 5-0.
Resolution No. 248 pertaining to budget change was introduced by Alderman
Abramson and read.
Motion by Alderman Pepe "I move that Resolution 1\10. 248 introduced by
Alderman Abramson be adopted" Motion was seconded by Alderman Hulsey
and passed 5-0
MINUTES - October 11, 1973 - Continued
-4-
Motion by Alderman Donaldson "I move that the Planning Technician II
be authorized full-time effective October 15, 1973 and adopt a budget
change as necessary." Motion was seconded by Alderman Abramson and
passed 5-0.
Ordinance No 139 pertaining to the repeal of Ordinance No. 130
was introduced by Alderman Pepe and read.
Alderman Pepe stated that he thought Ordinance No 130 should be repealed
and that he hoped within a month and one half that the City would have
a Planning Director.
Alderman Howard stated it should not be repealed in its entirety. He
said one person shouldn't have to put in curb and gutter when no one
else had it, but the City needed to have controls on unsubdivided land.
Otherwise a person could request a permit on 5 to 10 acres and the City
would have to grant it.
Alderman Cavarra stated that the public health, safety and welfare should
be considered and that the restrictions should be kept for Residential-
Three land, that failure to do so would encourage large numbers of units
under one roof and that firefighting, drainage, ingress and egress and
park dedications had to be considered. She said that on 3 acres, 63
units could all be under one roof and that the park dedication at $75.00
per unit would be considerable.
In answer to Alderman Abramson, she said that only Residential-Three had
that kind of impact.
Mavor Anderson said if you subdivided, you could set the size of the lot.
He added City business would be on the Agenda next week and the matter
could be tabled to consider an Ordinance to amend
Motion by Alderman Pepe "I move that Ordinance No. 139 be tabled for
two weeks" Motion was seconded by Alderman Donaldson and passed 6-0.
Mavor Anderson stated Alderman Cavarra's Ordinance to amend Ordinance
No. 130 would be on the October 18, 1973 Agenda
Ordinance No 140 setting the salary of the City Clerk at $275.00 per
month and the City Treasurer's at $589.00 per month for 1974 was intro-
duced by Alderman Howard and read.
Motion by Alderman Pepe "I move that Ordinance No. 140 introduced by
Alderman Howard be passed on first reading and be published and posted."
Alderman Cavarra stated she would vote against the Ordinance because of
the timing
Alderman Hulsev agreed and added that he was not particularly opposed
to a part-time Clerk, but the timing was bad.
Alderman Abramson said such action might have been appropriate a month
ago, but not now.
In answer to a question from Alderman Pepe, City Attorney Fox said the
Clerk's salary could be raised or dropped in the middle of the year and
added affirmative action had to be taken before "the limit of the other
Ordinance."
In answer to a question from Alderman Hulsev as to whether another Ordinance
could be introduced, Mayor Anderson said "not tonight."
Question was called and Motion was defeated 4-2. Aldermen Abramson,
Cavarra, Donaldson and Hulsey voted "nay."
MINUTES - October 11, 1973 - Continued
-5-
Ordinance No. 137 pertaining to a City Administrator was brought up
for second consideration and the title read.
Motion by Alderman Pepe "I move that the title having been read,
the Clerk dispense with reading the remainder of the Ordinance."
Motion was seconded by Alderman Cavarra and passed 6-0.
Alderman Abramson stated he was concerned that "We are attempting to
delegate authority that is not ours to give" and that delegating Council
authority and not being able to delegate mayorial authority could result
in centralization of authority
Motion by Alderman Howard "I move that Ordinance No. 137 be passed
on second reading and be published and posted." Motion was seconded
by Alderman Hulsey and passed 6-0.
A relinquishment agreement read and discussed at the October 4, 1973
meeting came up for action. The agreement pertains to the Valley Water
District, water and sewer lines in Fruitdale Valley Subdivision.
Motion by Alderman Pepe "I
viously read, be approved."
and passed 6-0.
move this relinquishment agreement, pre-
Motion was seconded by Alderman Abramson
City Attorney Fox stated the agreement was to be signed by the Mayor.
A copy of the agreement is attached to the Minutes, and filed in the
General File under "relinquishment agreement - Fruitdale Sanitation
District" with cross reference under "Sanitation District - Fruitdale."
Meeting was adjourned at 10 45 p.m.
,
Louise F. Turner
City Clerk
APPROVED
L
MINUTES - October 11, 1973 - Continued
Page E,
RELINQUISHMENT
This Relinquishment executed by the City of Wheat Ridge, a municipal
corporation, this (( )~ day of October, 1973,
WITNESSETH
WHEREAS, the owners of certain real property, subdivided and platted
as Resubdivision of a Portion of Fruitdale Valley Subdivision, according to the
recorded plat thereof in Plat Book 40 at Page 6 of the Jefferson County Records,
dedicated in said plat to the use of the City of Wheat Ridge certain streets,
roads, avenues, drives and easements, as shown on said plat, and providing
.
that all telephone and electric lines, works, poles, underground cables, gas
pipelines, water pipelines, sanitary sewer lines, street lights, culverts,
hydrants, drainag~ ditches and drains and all appurtenances thereto so con-
structed or installed in the dedicated easements and rights of way when accepted
by the City of Wheat Ridge, Colorado, shall become the sole property of the said
City of Wheat Ridge, Colorado, and
WHEREAS, the Resubdivision of a Portion of Fruitdale Valley Subdivision
is served by Valley Water District, a quasi-municipal corporation, and Fruitdale
Sanitation District, a quasi-municipal corporation, and
WHEREAS, said Valley Water District and Fruitdale Sanitation District
have installed or caused to be installed within the streets, roads, avenues
and drives, easements and rights-of-way, shown and described on the plat
of Resubdivision of a Portion of Fruitdale Valley Subdivision, water pipelines
and sanitary sewer lines, respectively, and appurtenances thereto, and
WHEREAS, the said water pipelines and appurtenances are the property
of Valley Water District, and the sanitary sewer lines and mains are the property
of Fruitdale Sanitation District, and
WHEREAS, Wheat Ridge desires to relinquish and release any right,
title and interest of the City of Wheat Ridge in and to said property of Valley
Water District and property of Fruitdale Sanitation District
: /
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AGREEMENT
---------
-j
THIS AGREEMENT, made and executed this ), " day
/'
of (//<(f" ~~
LEROY PIERCE, MEREDYTH PIERCE, DOROTHY A. POWELL, CHARLES
, 1973, by and between A
w
KUETHER,
A. POWELL, J. 1. CONNER, MARY E. CONNER, RALPH FERNALD,
GEORGIA A. MITCHELL, W. MITCHELL, JR., ROSE M. RIGG,
WILLIAM N. RIGG, JEAN BLANCHETT, CATHERINE C. BlANCHETT,
ROGER E. MEYER, DOROTHY E. MEYER, JANET M. BUTTS, JOHN
T. BUTTS, JR., THOMAS D. GARIN, JO ANN R. GARIN, JOHN L.
ELIOTT, LAVON ELIOTT, GEANNE BREMMER, ROBERT H. BREMMER,
LOIS E. PUMPHREY, LELAND L. PUMPHREY, HELEN C. SCIOLE,
NORMA EKBERG, LEONARD EKBERG, WENDALL KREBS, MRS. ELI
GONZALES, ELI M. GONZALES, JOSEPHINE SANTANGELO, RALPH
SANTANGELO, hereinafter referred to as 1I0pponents and/or
Protestors", and CONRAD BECKER, hereinafter referred to
as the "Applicant".
WIT N E SSE T H
----------
WHEREAS, there is now pending before the City
Council of the City of Wheat Ridge that certain application
filed by the Applicant Conrad Becker for re-zoning and re-
classification of that certain tract of real property more
specifically described by Exhibit A, attached hereto and
made a part hereof, entitled Case No WZ 73-14, and
WHEREAS, by virtue of the amended application for
re-zoning and re-classifying by the Applicant, the Applicant
is desirous of re-zoning and re-classifying a portion of
that certain tract of real property generally known as
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Applewood Village Shopping Center, more specifically
described by Exhibit A, attached hereto and made a part
hereof, being the legal description of such portion of
the real property to be re-zoned from a Restricted
Commercial-l classification to Restricted Commercial
classification, to permit the installation and erection
of a "garden shop" immediately adjacent to and immediately
north of the existing structure and building now occupied
by the Woolco Department Stores within such shopping center,
and
WHEREAS, the Opponents and Protestors hereinabove
referred to have opposed and do oppose such amended re-
zoning and re-classification application in that they are
the owners of certain tracts of real property, located within
the City of Wheat Ridge, State of Colorado, presently
zoned as R-LA, being single family dwellings and located
immediately adjacent to and immediately north of the real
property which is the subject of such amended re-zoning
application, and
WHEREAS, all the parties hereto, being desirous
of arriving at an amicable settlement of all matters in
controversy between them with respect to such amended re-
zoning application so as to permit said Applicant to
erect and contruct such a "garden shop" and yet so as to
preserve and protect the property values of the Opponents
and Protestors and to buffer, screen or otherwise shield
the real property owned by the Opponents and Protestors from
the business operations and view of such garden shop,
2.
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NOW, THEREFORE, it is mutually understood and
agreed and contracted between the parties hereto, in con-
sideration for their mutual promises, actions and performances
hereunder as follows.
1 That the Applicant shall further amend his
application for re-zoning of Case No WZ 73-14 so as to
remove from such application all of the real property
located to the west of the western-most perimeter of the
existing Woolco Department Store and extending in a westerly
direction parallel to West 38th Avenue to Youngs field Street
and in a northerly direction to West 38th Avenue, so as to
leave remaining for consideration under such amended applica-
tion for re-zoning that real property located from the
western-most perimeter of the existing Woolco Department
Store and extending in an easterly direction to the
eastern-most perimeter of such real property and in a
northerly direction from the northern perimeter of the
existing Woolco Department Store in a northerly direction
to West 38th Avenue.
2 That such amended application shall further
recite that the re-zoning requested by the Applicant shall
be for Restricted Commercial from the existing Restricted
Commercial-I, as those classifications and re-zoning
definitions are more specifically defined and enumerated
by the Ordinances of the City of Wheat Ridge, State of
Colorado
3 That the Applicant shall further purchase and
install, at his own expense, immediately upon the execution
3
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of this Agreement, trees
of his own choosing, to be
'fNtS'>
norther~perimeter of the property
planted along the entire
described in Exhibit A, being located along West 38th
Avenue, of sufficient number, depth, kind and foliage
so as to create an attractive barrier and buffer zone
between the business operations of such "garden shop" and
the single family dwellings (R-LA) of the Opponents
located immediately to the north of West 38th Avenue
along the northern-most perimeter of the property described
in Exhibit A
4 That the Applicant shall erect upon such re-
zoned parcel of land, a "garden shop" which shall be
located immediately adjacent to the northern-most perimeter
of the building now occupied by the Woolco Department Store
and shall not extend in a northerly direction toward West
38th Avenue more than 75 feet from such boundary, nor more
than 96 feet parallel to the northern-most perimeter of
the said Woolco Department Store so as to create a "garden
shop" with dimensions of not more than 75 feet by 96 feet
immediately adjacent to the northern-most perimeter of
the existing Woolco Department Store
5. That upon the erection of such "garden shop"
at the location hereinabove described and within the
dimensions hereinabove specified, the Applicant shall
erect, at his own expense, along the northern-most
perimeter of such "garden shop", an attractive, solid,
wood fence of not less than six feet in height so as to
further create a buffer and barrier between the operation
4
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and view of said "garden shop" and the single family
dwellings presently owned by the Protestors and Opponents
immediately to the north of West 38th Avenue.
6. For and in consideration for the promises, per-
formances and actions of the Applicant, as hereinabove
specified, the Opponents, by and through their counsel
of record, Louis B. Bruno, shall appear at the City Council
public hearing with respect to such amended application
and shall formally present to the members of such City
Council, this Agreement and shall make the same a part of
the record of the hearing with respect thereto and shall
withdraw any opposition by the signators to this Agreement
to such amended application
7. It is expressly understood and agreed, by and
between the parties, that this Contract and Agreement
shall be binding upon all of the parties hereto and shall
inure to the benefit of any of their heirs, successors,
executors, administrators, transferees or assigns.
~~
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Louis B Bruno
Attorney for Opponents
and Protestors
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Conrad Becker, Applicant
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Conrad E Gardner
Attorney for Applicant
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JANET M. BUTTS
JOHN T. BUTTS, JR.
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THOMAS D. GARIN
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EXHIBIT A
A portion of NE~ NW~ Sec. 29, T 3 S, R 69 W, 6th PM., County
of Jefferson, State of Colorado, more particularly described
as follows
Commencing at the SW corner of NE~ NW~ said See
29, thence N 89027 6' 'E along the S line of said NE~ NW~,
a distance of 60 0 feet to a point on the Ely line of Young-
field Street; thence N 0051 8' W along the Ely line of Young-
field Street, a distance of 425 0 ~eet to a point, which point
is the true point of beginning; thence N 89027 6' E parallel
with the S line of NE~ NW~ of said See 29, 825 0 feet more
or less to a point on the W line of Ridgeview Acres, Third
Filing; thence N 0044 I' W along the W line of said Ridgeview
Acres, Third Filing, a distance of 245 00 feet more or less to
a point on the Sly line of West 38thlAvenue; thence S 76034' W
along the Sly line of said West 38th Avenue a distance of 846 0
feet more or less to a point on the Ely line of Youngfield Street
extended; thence S 0051 8' E along the Ely line of said Young-
field Street and the Ely line of Youngfield Street extended
a distance of 50.0 feet more or less 'to the true point of
beginning, except any portions thereof lying within said
West 38th Avenue and said Youngfield Street.
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