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
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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
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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
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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
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