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HomeMy WebLinkAbout01/17/1974 MINUTES January 17, 1974 The two hundred and twenty-seventh regular meeting of the Wheat Ridge City Council was called to order by Mayor Paul B. Abramson at 7 30 p.m. at 7390 West 38 Avenue Aldermen attending were Mary Jo Cavarra, Joseph Donaldson, Robert Howard, Calvin Hulsey, Larry Merkl and Louise Turner. Also attending were Mayor Paul Abramson, City Clerk Elise Brougham, City Attorney William Mc Carthy, staff and interested citizens. Motion by Alderman Cavarra "I move that we dispense with the reading of the Minutes (Minutes of January 10, 1974) and that they be approved as printed" Motion was seconded by Alderman Merkl and passed 5-1. Alderman Howard voted "nay " Alderman Cavarra reported that she had attended the Denver Regional CQuncil of Governments Meeting and that the f8110wing topics had been discussed 1 Nomination aild election of officers 2. A presentation by a consulting firm hired to give projected airport needs with the conclusion that Statpleton Airport should be expanded when necessary instead of relocation It was also recommended that local airports should be upgraded. 3. A report on the water quality management plan for the year 2000 4 Regional Emergency Medical Services are in need of a compre- hensive plan, and that there are an estimated 3% unncecessary deaths due to the present system Motion was made by Alderman Donaldson which was read by City Clerk Elise Brougham "I move to ratify the follOWing judicial appointments in the Municipal Court of the City of Wheat Ridge as follows Harry E Carleno as Deputy Judge for a two year term, and Phillip B Gilliam as Honorary Deputy Judge for a period of two years." Motion was sec- onded by Alderman Cavarra and passed 6-0 Mavor Abramson announced vacancies on citizen committees and asked the press to advertise the fact and that anyone interested could apply Two vacancies for Alternates on the Board of Adjustment, Two vacancies on the Building Code Advisory Committee (one of which needs to be an engineer) Rezoning Case WZ-73-32 came up for decision. Motion by Alderman Turner "I move that Case WZ-73-32, a request of Muriel Carson from Residential-Two to Restricted-Commercial at 4640 Wadsworth Blvd. be approved for the following reasons 1. The request is compatible with present usage along Wadsworth. 2. It is in keeping with the desires of adjacent and sur- rounding neighbors. 3 The existing zoning does not allow for reasonable use." Motion was seconded by Alderman Merkl and passed 5-0 Rezoning Case WZ-73-15 came up for decision. Alderman Howard asked if the 3/4 majority vote of Council was required in this case due to the fact that there were people protesting the rezoning at the hearing. Garth Gibbons of the Planning Department displayed a map showing the property in question with the contiguous property directly to the rear for 100 feet which determines the 3/4 majority vote, and showed that only one of the protesters is contiguous. City Attornev McCarthv ruled the 3/4 vote is not required to pass the rezoning. Motion by Alderman Cavarra the following reasons "I move that Case WZ-73-15 be denied for MINUTES - January 17, 1974 - Continued -2- 1 The Land Use Plan shows low density, i e 0 to 7 units/acre 2. There were residents in the area that were opposed." Motion was seconded by Alderman Turner and tied in a 3-3 vote. Aldermen Howard, Hulsey and Merkl voted "nay." Mayor Abramson broke the tie by voting "Aye" and the rezoning was denied by a 4-3 vote. WZ-72-4D Rezoning Case Public Hearing came up Garth Gibbons of the Planning Department stated further study was needed by the Pla,ning Department and he stated that the applicant had agreed to continue the case until February 14, 1974 Motion by Alderman Donaldson "I move that we table Case WZ-72-4D until February 14, 1974" Motinn was seconded by Alderman Turner and passed 6-0 In answer to Alderman Howard, Mr Gibbons stated there would be reposting of the property and republication WZ-73-3D Rezoning Case Public Hearing was heard The request was for rezoning from Agricultural-One to Residential-Two and Restricted-Commercial at 9395, 9495, 9545 and 9595 West 49 Avenue by Applicants _ Gustav Hauert, Elmer Unrein, Marvin Jacobs, Marion Simpson a~d R. Robertson The Case had been previously tabled for this hearing by Council on December 27, 1973. Garth Gibbons of the Planning Department stated the follOWing 1 The property is not in the flood plain 2 The contiguous zoning is East-Agricultural-One and Residential- Two, West-Industrial, North-Residential-Two and South-Commercial-One. 3 The Land Use Plan desigantes mid-density residential 4 The Planning Department recommends approval. 5 The history of the area shows that the Residential-Two to the north of the property had been rezoned by Council 6. This property is Subject to HB 15-29 but to date a reply has not been returned by the State Geologist regarding the feasibility of the property being commercially mined 7 The Planning Commission approved the rezoning by Motion on November 19, 1973 for the following reasons 1 The Plan will improve the area. 2 West of the property is now zoned for commercial uses. 3. It is the best use of the land. 4. We would be gaining a roadway that is necessary through the property. 5. Applicant has agreed to dedicate additional street ROW along Independence 8. The property has been properly posted and published. 9. There was no opposition at the Planning Commission hearing David Deuben, attorney of 4315 Wadsworth Blvd. represented the applicants who were present and he stated that Mr. John V Ivy was present who was a consultant geologist whom they hired to give a report on the gravel deposits on the property Mr John V. IvV of 424 Hilton Office Bldg , Consultant Geologist stated the following 1 That after studying the area he had come to the conclusion that the sand and gravel under the property is not accessible for commercial development at the present time. 2. That he had studied the available geological publications with information on the area and that the area involved is 1.4 acres with a depth to bedrock of 25 feet. The approximate total amount of sand and gravel is 57,539 cubic yards Thirty foot stebacks are needed to decrease the volume to 29,583 cubic yards There is a requirement for finished slopes to be left at a 2-1 ratio and would therefore intersect at 22Yz feet resulting in a "V" shaped area which is not workable Consequently, a 20 foot floor would need to be created which would further raise the bottom of the pit to reduce the area to 11,050 cubic yards MINUTES - January 17, 1974 - Continued -3- 3. The pit could be operated in two ways pump water out of the pit or operate combersome equipment involving a drag line which would increase the cost of extraction. 4 His report is an exhibit in the case folder and had been filed since November 5 In answer to a question from Alderman Howard, he explained when he had seen the land on November 9, 1973 the water level was 3 feet to 9 or 10 feet below the surface during a normally dry time of year David Deuben, attorney stated the following 1 There is property zoned Commercial-One south of 49 Avenue and the proposed Restricted-Commercial area would face it. To the west is Industrial and in general there are large amounts of commercial usages in the area. 2. The Land Use Plan shows medium-density residential and the proposed rezonings would be a step down from the Commercial-One to Restricted-Commercial then to Residential-Two. 3. The development would be a uQioue use of water in the area d h h va.lue. t. an would upgrade and en ance t e area^ln ltS en lrety. 4. That the pond in the area is to be a drainage basin and that the landowners - KLM to the west and the applicants have drawn up a contract for a deed that the pond be preserved for drainage subject to review and approval of the City Attorney Mr. Langdon Morris of 1545 Curtis Street, architect and planner presented plans for development of the area. Mavor Abramson questioned City Attorney McCarthy whether or not the City can hold the applicants to the plans and thus whether or not it was advisable to hear the plans, Mr. McCarthv replied that it would be a "value judgement" and that if time allowed, Council should "take time to listen to it " Alderman Howard asked if the applicants for the rezoning are also the owners of the Residential-Two land to the north. David Deuben stated "yes" they are the same, Garrison Meadows Developers. Mr Morris continued his presentation of plans. He stated the Residential- Two land will be for duplexes with 21 sites and 42 units. An open recreation area is planned and the buildings on the lake front will face it and the other structures will face the planned park area in Arvada In answer to Alderman Howard, he stated he felt the proposed development was compatible with the Industrial to the west, and that they had not made an estimated traffic count on the new traffic generated or where the traffic will go David Deuben in summary stated the rezoning is desirable, compatible not detrimental to the surrounding area, it will upgrade the area with office and double development. He clarified that part of the lake was zoned Restricted-Commercial because it was planned to move gart of the lake to gain more lake frontage but the total surfac&J8r the lake would not change He stated the applicants are facing a deadline for gas permits hookups No one appeared in opposition and when askeq 12 people raised their hands in favor of the rezoning in the audience. Alderman Merkl stated he S8W no reason not to accept the geological study presented by Mr. Ivy and that it was unknown when the State Geologists report would come Alderman Hulsey stated he agreed. Motion by Alderman Hulsey "I move that the hearing be closed and that Mr. Ivy's geological report be accepted." Motion was seconded by Alderman Merkl and passed 6-0 MINUTES - January 17, 1974 - Continued -4- City Attorney William McCarthv stated that he needed a short time tn read the contract regarding the pond so that he could determine its propriety. Motion by Alderman Cavarra "I move Case WZ-73-30 be taken under advisement for one week" Mr. McCarthv stated he could make his determination tonight if allowed a few minutes to read the contract Motion was withdrawn. Motion by recess." 15 minute Alderman Donaldson "I move that we take a 15 minute Mayor Abramson stated "The Chair rules there will be a recess." Motinn by Alderman Merkl "I move that Case WZ-73-30 requesting rezoning from Agricultural-One to Residential-Two and Restricted-Commercial be approved for the following reasons 1 It was previously continued by this Council two weeks ago which could cause a hardship on the applicants getting their gas hookups from Public Service. 2. There was no opposition at this meeting or at the previous meeting. 3 It's the best use of the land. 4 The Planning Commission and Planning Department both recom- mended approval." Motion was seconded by Alderman Donaldson and passed 6-0 Alderman Hulsev stated he normally would vote against making a decision on the same night of the hearing but in this case, since it had been delayed by the City previously, he agreed with making a decision tonight. Ordinance No. 148 pertaining to amending Ordinance No. 12 which provides for appointment of members of the Planning Commission was scheduled for action. Motion by Alderman Donaldson "I move that we table Ordinance No. 148 for further discussion and study." Motion was seconded by Alderman Turner. Motion passed 4-2 with Aldermen Merkl and Hulsey voting "nay." Meeting was adjourned at 9 00 P m. ~v~ El e Brougha City Clerk APPROVED '-_J 'I -; I {- - 'j (/ _d