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HomeMy WebLinkAbout05/24/1973 MINUTES May 24, 1973 fhe tWD hundred and third 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 in the Council Chambers Aldermen attending were Donaldson, Robert Howard absent. Dr. Paul Abramson, Mary Jo Cavarra, Joseph and Calvin Hulsey. Alderman Ray Pepe was Also attending were Mayor Anderson, Deputy City Clerk Elise McMillen, City Attorney Maurice Fox and interested citizens Motion by Alderman Donaldson '~move the reading of the Minutes (for May 17, 1973) be dispensed with and that they be approved as presented" Motion was seconded by Alderman Cavarra and passed 3-2 Aldermen Abramson and Howard voted "nay." Citizen Comments were made by Mr. Robert Ervin of 7491 West 45 Avenue who presented a petition to City Council with 37 names on it regarding adequate drainage from the Safeway parking lot at 44 Avenue and Wadsworth to prevent flooding of the homes in the surrounding neighborhood. Alderman Hulsev stated that he had received many calls on this, and that Public Works Director Glen Taylor was working on this problem. Mr..Sonrad Grasmick of 7450 West 45 Place stated that even l.wi th a moderate shower he has to dig out the ditch and that the pipe going into the church yard is not big enough, and during the recent flood he had to work 4 days getting water out of his basement. Mr Walter Temp~eton of 4585 Vance Street stated that poor drainage isn't a new problem and that there are several causes The pipe in the church parking area is plugged up, south of 45 Avenue the catch basin is approx- imately 2 feet and any debris plugs it up, the pipe in the church parking lot is too small, approximately 8 inches, the church has sump pumps which empty on the south side of 45 Place year round causing a health hazard, and he added when the Safeway area Wffi rezoned there was opposition, and he distinctly remembers that the people were told that adequate drainage would be provided. Mr. Ron Davis of 7975 West 39 Avenue, Chairman of the Citizens Task Force stated that it was the Committee's belief that it was formed to determine the community's priorities and that they need to receive comprehensive questions instead of specific ones such as "chuck holes." He felt that perhaps the people are uninformed and asked the help of the Council and the press for publicity. Preliminary Hearing for Ambassador Seventy Development Corporation dba Tenstar Motel to be located at 12150 West 44 Avenue for a new 3-.way liquor license was held. Attorney Don Scudder was present who represented the applicants. Motion by Alderman Abramson "I move that the hearing for the 3-way liquor license at 12150 West 44 Avenue for Ambassador Seventy Development Corporation dba Tenstar Motel be set for July 12, 1973 with a boundary to be set with a radius of one mile from the outlet subject to change upon evidence presented at the hearing." Motion was seconded by Alderman uonaldson and passed 5-0. Pavilion East Public Hearing for a 3-way liquor license was held. The location is at the southwest corner of 1-70 and hipling. The applicants Don Morris, A.M. Bernhardt, Edwin Young Fong were present and were represented by Attorney Benjamin Loye. Ed Sullivan, City employee MINUTES - May 24, 1973 - Continued -2- gave a report on an impartial survey he conducted for the City to determine the wants of the neighborhood He stated that 104 people had been contacted and that 75 signed for the issuance and 7 were against it, 6 refused to sign and 16 had no opinion In answer to a question he said there was a liquor license directly across the street and that there will be two service stations separating Pavilion East from Old Timer Inn. Mayor Anderson went through the file and found it in order. Ben Loye, attorney stated that the restaurant will be adjacent to the American Family Lodge but that the applicants are not affiliated with the franchise. The plans are for it to be a general food restaurant specializing in Chinese food. He stated that restaurants with liquor licenses are "the coming thing in this area", it is a financial necessity for restaurants which if they have a liquor license it can create a 25% reduction in food cost, he presented petitioners with 819 signatures in favor, and that the immediate beneficiary is the hotel-motel which has its own neighborhood within the complex. He also stated that the other surrounding restaurants are of different types, motels don't make demands on city services and it will bring income into the City. All three applicants were sworn in and stated they had never had a felony conviction, they were not connected with American Family Lodge and they were not affiliated with any other liquor outlet. The people in the room were polled and approximately 34 to 38 people were in favor. Speakinq in Opposition was Gary Lewman of 4350 Parfet who stated that he felt that the ease and convenience of American Family Lodge had been shown but that a need of the neighborhood had not been shown. Motion by Alderman Abramson "I move that the matter of the 3-way liquor license for Pavilion East located at the southwest corner of 1-70 and Kipling be tabled for one week for a decision to be made in these Council Chambers during the normal course of the meeting on May 31, 1973." Motion was seconded by Alderman Cavarra and passed 5-0. Minor ~bdivision No 9 was brought up. The location is at 36 Avenue Hollan ~andthe owners are as follows Anthony and Louis Ficco, Mr. Mrs. Gordon Mitchell, who w~e represented by Attorney David Hahn. and and City Attorney Maurice Fox stated the following 1. There were four parcels - A,B,C and D. 2. The property had been posted and notice published. 3 Notice of the subdivision had been sent to the surrounding land- owners. 4. The Planning Commission had mad a Motion to approve the Minor Sub- division No 9 5 At the Planning Commission meeting a letter was received from Jane A. Gilmore in opposition, and a petition was presented with 15-18 signatures stating no objection. 6 The pLat is for duplexes. 7. There are utility easements - 10' to the south, 5' to the north and west, and that according to the Subdivision Regulations that if there are dedications they need to be recorded. 8. In answer to a question he said 5 or less tracts make a minor subdivision. 9. The land is zoned Residential-Two and on a cui de sac the setback is 10' and 100' frontage requirement at "he setback is required. Alderman Abramson asked if this proposed subdivision was within the area that's been petitioned by residents for rezoning for single family use, and if so which was presented first? Attornev Fox stated this area was included and a date of dedication on the plat was April 10, 1973. ahe petitions were presented to Council on March 29, 1973.) MINUTES - May 24, 1973 - Continued -3- Alderman Howard asked if a Minor Subdivision needed a drainage plan, and Attorney Fox stated "yes", and that there was no drainage plan in the file. Alderman Cavarra asked if any data from other city departments needed to be received Attorney Fox stated that he considers this a final plat and that any references on requirements of a preliminary plat would be void. Alderman Abramson asked if two opposing requests come in, which has priority? Attorney Fox stated that each applicant has a right to be heard Alderman Howard asked if dedication of open space or money put in escrow is a requirement of a minor subdivision and if so, had this been done? Attorney Fox stated this is a requirement of subdivisions and that this had not been done. Mayor Anderson stated that usually prior to issuance of building permits this is required Attorney David Hahn of 5151 Western Federal Savings representing the applicants stated the following 1. $600.00 check on March 1, 1973 had been reserved to pay for park area. 2. That March 1, 1973 is the date of the survey. 3. That the area is already subdivided and two houses can be built but that the lots would be of peculiar shape. 4 That Attorney Fox had ruled that this was a dedication etc. involved and that it needed to go before the City Council, but that he would like the City's former Planning Director Robert Barr to testify who had told his applicants that they had met all the requirements. Robert Barr stated that Section B regarding preliminary plats required that public utilities, schools needed to be contacted, but that Section 3-C stated this was not required. Also, that Section 3-C reouires dedication of streets which were not on the plat, and that only when there are dedications of streets etc. are the parkland or money in escrow required. Attornev Fox stated the plat says there are easements - municipally franchised utilities. Alderman Abramson stated that it was his understanding that all subdivisions should be treated equally Robert Barr stated that all subdivisions must follow state law, that is a public hearing etc., but not the City's subdivision regulations. Attornev Fox stated that the cui de sac (Holland Court) had been deeded separately, and but for the fact of this deeding of a separate instrument there would be involved a street dedication, and that quasi-public use dedications etc must be recorded Mayor Anderson stated that it appeared Lot B only had a frontage of 55.25' and Robert Barr that under the Zoning Law regarding a cui de sac the lot width used is the average width of the lot Attorney Fox stated that on Page 26, Section 8, Subdivision Regulations it stated that regarding the same subject matter "the most restrictive and highest standard shall govern." Alderman Abramson stated that it appeared to him that the zoning regulations and subdivision regulations cover the same subject matter. Attorney Hahn asked Attorney Fox "if he would rule that specific provisions take precedence over general provisions?" Attorney Fox answered "Yes." MINUTES - May 24, 1973 - Continued -4- Attorney Hahn stated that the applicants could get a bUildiR~^~~tthe corner lot, but it would be on an intersection and half of the property would be below the intersection, and they had felt it was reasonable to have a public road. He stated that the property owner had some rights, and that the concept of zoning regulations had changed through the years - the burden of proof was originally on the government, but now it was accepted that adjacent property owners deserved stability. He stated that his applicants had complied with the subdivision regulations, that if single family homes were put in they would cover approximately the same area with impermeable material, and that the applicants had agreed to install a perforated drain around the subdivision for drainage into the street. Alderman Abramson asked if the signatures on petitions had been witnessed and all three applicants (Lou & Tony Ficco, and Mr Mitchell) stated "Yes." Mayor Anderson asked what the width of the roadway would be as it enters the cui de sac, and Attorney Hahn stated it would be the same width as Holland Court. Attorney Hahn stated that the signatures on the plat were from the telephone company, public service and the director of planning at that time, and that dedication of the easements were made on the plat. Speaking in Favor were Mr Manning who questioned the fact that when a property owner complies to the rules and requirements set up for usehof his land and "follows the orderly procedure of business", theW,^~Ryone in the area is allowed to present opposition it destroys this orderly procedure. James Wellman of 3610 Holland Court stated the area has been a weed patch and has been a fire hazard, and if this area is developed he feels it will improve his yard, and the fire hydrant the applicants will put in will be a benefit. Speaking in Opposition were who Thomas Woodford, attorney of 3645 Moore Street^was speaking on behalf of Mr. and Mrs. S. Force of 3635 Holland Court stated the following 1 That property owners can't use their property in any way that they absolutely please, that this is a single family area with only one double. 2. had been at their that had tonight. 3. There is a definite drainage problem in the area, there is a bank south of the subject property and water is evident on the subject proprty at otherwise dry times. 4 He agreed with Attorney Fox's reference that dedications take into account easements, that Fire Protection Department should be considered, and that the street dedication is "unusual" but that it shouldn't make any difference in the use that the land will have. That to his knowledge that the application to mass rezoning which referred to had been tabled indefinitely by the Planning Commission meeting of April 16, 1973 but that a subsequent rezoning case been heard that night is scheduled for a hearing before Council Alderman Abramson asked if the Forces were concerned about the development of the land in general or specifically duplexes. Mr. Force stated his prime concern was drainage, but also there would be an increase of cars and people on a dead end street, and that he wouldn't mind single family homes instead of duplexes which would be a choice between 5 or 8 families In answer to a question, Attorney Fox stated the 3/4 vote rule does not apply to this case. MINUTES - May 24, 1973 - Continued -5- Mr. Rav Lear of 9490 West 37 Avenue stated the area has a drainage problem that is unique, that when Wheat Ridge High School was built it caused a drainage problem so the county cut down the road on 37 Avenue 3' and even a small rain creates a large runoff, and he questioned the use of perforated tile around the subdivision with runoff into the street. In summary, Mr Hahn stated that the choice would be between 4 or 6 families, that there will be a fire hydrant on the corner, that the proposed sub- division is a high point on the hill and that there can be individual drainage from each house, and that Parcel D has a swimming pool on it and it won't have a house on it in the immediate future as the owner still uses it Alderman Abramson asked if they had hired a hydraulogist to estimate the runoff and Mr. Hahn answered they hadn't. Tony Ficco, one of the applicants spoke He stated the high school bank which had been referred to had a drain through the top of it, that there would be no basements, that there would be tile around the houses, that this is a "wet area", that there is 37,000 total square feet and approximately 3,000 square feet will be covered by buildings and that the surrounding "green" will absorb. Thomas Woodford, attorney stated in summary that a hydrant to be of use needs to have access and that the limited access may be a problem, and also that the fact that there is a drainage problem had been established Motion by Alderman Abramson "I move that Minor Subdivision No. 9 located at 36 Avenue and Holland Court be tabled for one week for a decision to be rendered during the normal course of the meeting on May 31, 1973." Motion was seconded by Alderman Cavarra and passed 5-0. Minor Subdivision No. 10 was heard. The owner Dr. Clarence Jacobson was present and the area involved is at 35 Avenue from Kline to Lee. City Attorney Fox stated the following 1. That the purpose of the subdivision is to divide one tract of land into two parcels, A and B 2. That the Planning Commission had made the following Motion "In that Minor Subdivision No. 10 meets all the criteria as specified by City Ordinances, I move that the plat be accepted." 3. The surrounding landowners had been notified and the property had been published and posted. 4. He stated the language of the dedication needs to be corrected and that it should be a joint dedication. 5. That the Board of Adjustment had granted a variance to allow single family dwellings on less square footage than is required. Alderman Cavarra asked whether the drainage had been approved or not, and Attorney Fox said approvals had been made but had not been ackhowledged with the Planning Department's or Public Work's signatures on the plat. Mr. Carl Williams of 10340 West 58 Place stated if this was granted, he was planning to build a garden level home, all brick on one of the parcels. There was no opposition. Motion by Alderman Abramson "I move that Minor Subdivision No. 10 be tabled for one week for a decision to be rendered during the normal course of the evening on May 31, 1973" Motion was seconded by Alderman Donaldson and passed 5-0. WZ-73-07 Rezoninq Case was heard. The applicants - Richard Sorrentino, Charles and Ralph Deoiro requested a rezoning change at 4242 Jellison from Residential-One-A to Residential-Two-A to build duplexes. MINUTES - May 24, 1973 - Continued -6- City Attorney Fox stated 1. The property had been posted and published. 2. The Planning Commission recommended approval and reasons given but not included in the Motion were the Land Use Plan showed mid-density residential, additional ROW would be acquired at the time of subdivision determination on Flood Plain would be decided at the time of the subdi- ' vision and it is the best use of the land. 3. The surrounding land uS~lon all sides is single family. . 4 The present zoning woufO^gwsingle families, Residential-Two zonlng would allow four duplexes or eight families, and the proposed Residential-Two-A zoning would allow six duplexes or 12 families. Mr Sorrentino stated that he felt there would be no traffic problem. Alderman Abramson asked what the height was above Clear Creek, and Mr. Deorio stated that the property was not in the Flood Plain. Mayor Anderson stated that since the surrounding area was all single family use and if granted this would be spot zoning, and if this property were rezoned then there would be a trend for multiple family use but that he didn't see the trend now. Mr. Deorio stated that he felt the area was developing toward multiple family use and on Jellison Street there are apartments, that they would "keep up" the property and are homeowners in Wheat Ridg themselves. Alderman Cavarra asked if the land could be developed as Residential-One-A or Residential-Two. Mr Deorio stated that they had an extensive investment in the land and that duplexes are the most profitable. Alderman Howard asked how long they had owned the property, and the answer was 7-8 months Motion by Alderman Abramson "I move that Case WZ-73-o7 pertaining to a proposed rezoning from Residential-One-A to Residential-Two-A located at 4242 Jellison be tabled for one week for a decision to be made during the normal course of the meeting on May 31, 1973." Motion was seconded by Alderman Cavarra and passed 5-0. City Attorney Fox stated that he had received a phone call from the City Attorney of Arvada stating that Arvada had purchased the land involved in Annexation No. 4 for park purposes so consequently the application is withdrawn for annexation to the City of Wheat Ridge. Ordinance No 130 was introduced by Alderman Donaldson. The Ordinance would prohibit the issuance of building permits for new construction on unsubdivided land or on land not subject to the subdivision regulations. The Ordinance was read Mayor Anderson stated that the subdivision regulations pertain only to land thst is subdivided, and presently there are large tracts in the city that are not subdivided and are not subject to any regulations. With regulations the City gets an additional review of the plat, there is uniform control, the developer pays for cost, if there should be exceptions they can be made, it will allow "quality development instead of quantity" and subdivision requirements specify general improvements. Robert Barr was asked to state his opinion, and he said he felt the intent was good but the cost to the individual land owner would be exorbitant, and he felt the same result could be required by simply stating that sidewalks etc. must be put in on all new construction, and prevent the paperwork and time of subdividing. MINUTES - May 24, 1973 - Continued -7- Motion by Alderman Howard "I move that Ordinance No. 130 be approved on first reading and be published and posted." Motion was seconded by Alderman Donaldson and passed 4-1. Alderman Abramson voted "nay" and Alderman Pepe was absent. Ordinance No. 131 was introduced and read. The Ordinance pertained to Ordinance No. 18 - Street Cuts and ammended said ordinance by raising street cut fees and requiring a financial guarantee of funds on the street work. Mayor Anderson stated that there were two street cut ordinances. Ordinance No 14 was concerned with public utilities and revenue was gleaned from these companies' franchise and occupational tax. Ordinance No. 18 deals with private contractors. In comparing the cost of a salary for a construction inspector to inspect the cut sites and the revenue from the street cuts, it is about half the cost. He felt the program should support itself, and the minimum guarantee of money in escrow is needed because by past experience the cuts are often repaired inadequately and are repaired at city expense. Motion by Alderman Abramson "I move that Ordinance No 131 be adopted on first reading and be published and posted." Motion was seconded by Alderman Hulsey and passed 5-0. Alderman Pepe was absent. Motion by Alderman Abramson "I move that Item 14-a be tabled for one week in case there is anyone interested in applying for the Personnel Committee appointments." Motion was seconded by Alderman Cavarra and passed 4-1. Alderman Howard voted "nay." Motion by Alderman Howard "I move that this City Council appoint two of its members to serve on a special committee with Walter Johnson to determine the required qualifications ard duties for the position of City Administrator for the City of Whe~ Ridge. This information to be brought back to the City Council for action as soon as possible." Motion was seconded by Alderman Donaldson and passed 5-0. Motion by Alderman Abramson "I move that City Council appoint Aldermen Cavarra and Donaldson to be the two Council members so appointed to the committee." Motion was seconded by Alderman Hulsey and passed 4-1. Alderman Howard voted "nay." Meeting was adjourned at 11 3D p.m. ~ /~ ' 1/1{)t-c~t~ E se McMillen"-----' (_ Deputy City Clerk / / ' , / "