HomeMy WebLinkAbout02/03/1972
MINUTES
February 3, 1972
The one hundred and forty-fifty regular meeting of the Wheat Ridge
City Council was called to order at 7 30 p.m. by Mayor Albert E
Anderson at 7390 West 38 Avenue.
Aldermen present were Paul Abramson, Jack Bramble, Joseph Donaldson,
Robert Howard and Calvin Hulsey. Alderman Ray Pepe was absent because
of illness.
Others present were Mayor Anderson, City Clerk Louise Turner, City
Attorney Maurice Fox, Planning Director Paul Walker and approximately
130 citizens interested in items on the Agenda.
Citizens' Comments were made by
Darrell J. Skelton of the Colorado Recreational Trails Commission.
He invited the Mayor and Council and City Park Officials to attend a
meeting on February 29, 1972 regarding Clear Creek Trails Others to
be represented are Coors, Arvada and Jefferson County.
WZ-71-34 Rezoninq Case was brought up for decision.
Motion by Alderman Donaldson "I move that Case WZ-71-34 be approved.
The area is landlocked, it is surrounded by commercial zoning, the
Union Oil Complex will be built anyway, and the entire area should
conform~ Motion was seconded by Alderman Hulsey and tied 2 to 2 with
Alderman Bramble abstaining because he had not been present at the
hearing and Aldermen Howard and Abramson voting "nay."
Alderman Howard explained that he felt such an operation with the amount
of trucks, noise and odors should be on industrial land not on prime
commercial.
Alderman Abramson said though it involved money for the City he was
opposed to the idea of 30 trucks and 45 cars per hour.
Mayor Anderson, not having been present at the hearing was unable to
vote. In order that the Motion not die in a tie vote, the decision
was delayed and a messenger sent to obtain a written and sealed vote
from Alderman Pepe who voted "aye" to break the tie and pass the Motion
Alderman Pepe's vote is attached to the Minutes.
Ordinance No. 98 Zoning Ordinance was brought up for second consideration
and the title read
Motion by Alderman Bramble "I move we dispense with reading Ordinance
No. 98 and open the meeting for amendments." Motion was seconded by
Alderman Donaldson and passed 5-0.
Twelve
by the
later.
in the
pages containing 115 amendments were not read but were presented
Planning Director to Council in written form to be considered
These proposed amendments are filed with the Ordinance as read
General File under Zoning - Ordinance No 98 - Public Hearing.
Margaret Collins of 4990 Parfet requested and received a copy of the
amendments to read.
Darrell Skelton of 6575 West 26 Avenue, Wheat Ridge, Vice President of
the Jefferson County Horsemen's Assoc. appeared on behalf of that Association
in opposition to the provisions which reduced and/or did not allow horses
and other farm animals in residential zones. He pointed out that
agricultural land is fast disappearing He had previously presented to
Council copies of recommendations arrived at by Jef~erson County Horsemen's
Assoc. and 4-H families as to the proper number o~nproper space for
animals. He strongly urged that Council consider these recommendations.
He said the Horsemen's Assoc. has and will continue to help police problems
of humaneness and sanitation related to animals and asked that "this
substantial part of the community be allowed to continue its way of living"
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There wes epplaus~ and Mayor Anderson requested that the audience
refrain from applauding during the remainder of the hearing
Mr. Skelton's letter of recommendations is in the General File under
"Zoning - Ordinance No. 98 - Public Hearing."
E.E. Wyland of 3872 Robb Street, Wheat Ridge, Director of Westernaires
and a Director of the Jefferson County Horsemen's Assoc. appeared in
opposition to those provisions which reduced and/or did not allow horses
on residential zones. He urged support for the Horsemen's Assoc. re-
commendations. He stressed the value of horse related activities to
the youth of the City and told of requests to the Westernaires from
Mayor Daley of Chicago and Mayor Yorty of Los Angeles for information
which might help them in regard to the reinstatement of facilities for
horse activities in their municipalities as a means of beneficial recreation
for youth. He emphasized preservation of western heritage and he felt
that "residents have to be compatible with newcomers and those people
should be with those who came before."
George Fentress, State Representative, of 2935 Webster, also a Director
of Jefferson County Horsemen's Assoc urged support of the recommendations
of Mr Skelton.
He also called attention to the fact that the provlslons for political
signs did not and should be in accordance with State Statutes and that
the provision preventing wheeled signs would affect signs on the tops
of cars of political candidates as well as commercial signs.
In addition he recommended that mortuaries be allowed on residential land.
Harmon Manning of 3501 Hoyt spoke in opposition to the reduced allowance
of horses on residential property He felt the proposed legislation was
in contradiction to the principles of keeping the integrity of Wheat Ridge
on which members of the Council had campaigned. He said that lessening
the use of property lessens the value and that it was wrong to take
away a use for which property had been purchased and to which it had
been put.
William McBride of 4240 Irist Court stated tha+ he objected to the
Ordinance in general, that it doesn't have the support of the broad
base of the community, that it would change the entire nature of the
community which the people do not want, that no one was insisting on
this change He said people were satisfied with the existing Ordinance
and that they would have to be experts in order to determine how the
changes effect their uses under the old Ordinance. He thought it would
be wiser to amend parts of the existing Ordinance, if there are any
problems with it, than to waste that money that was paid for adopting
it and paid for the training for the enforcement of it.
More specifically, as a billboard contractor, he objected to the pro-
visions of the Sign Code portion of the Ordinance. He said he had
$70,000 00 invested in a business which would be prohibited under
7(3) on Page 107
In addition he felt the open space requirements for industrial and com-
mercial properties were excessive, that the parking requirements in
medium density were prohibitive, and that the Ordinance tends toward
large investors for large developments.
Frank Callahan of 7020 West 38 Avenue, spoke as a representative of the
Chamber of Commerce as Chairman of its Planning, Zoning and Building
Development Committee. He explained the committee is made up of builders
developers, realtors, businessmen, engineers and industrial developers
and that there were 4 subcommittees as follows signs, residential
and commercial, industrial and extractive (i.e gravel).
He submitted a letter signed by him, one signed by Lee Kunz regarding
industrial development and 3 pages of recommendations pertaining mainly
to setbacks, height regulations and parking These were not read, but
were distributed to Council and are filed in the General File under
"Zoning Ordinance No. 98 - Public Hearing "
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Mr. Callahan stated that Mr Collins had intended to come to present
the "extractive" portion of the recommendations He said the concensus
of his committee was that this Ordinance enhances the code from the
County, that Council is to be commended as is the Planning Department
for its cooperation. In answer to a question by Alderman Howard,
Mr. Callahan said the executive committee of the Chamber had turned
the matter over to his committee
Letters from the following people were read aloud
Walter & Ernestine Williams regarding farm animals
Dr. Weldon T. Heard regarding farm animals.
Gordon Neon regarding the sign code
Pamela Manning regarding horses, and off-street pathways.
A copy of each is attached to the Minutes and is filed in the General
File under "Zoning Ordinance No. 98 - Public Hearing."
Gary Lewman of 42 Avenue and Parfet Street recommended 2 horses per lot
of 6,000 square feet.
He stated he thought in regard to planned residential use (2c - 3)
which says the Planning Commission will approve the final plan if in
compliance with the original plan, should say "Approve with modifications"
in addition to "approve "
He recommended wider lots for trailer houses, 5,000 square feet for single
width and 8,000 square feet for double width and a limit of 8 per acre. Also 36
inch sidewalks and a swimming pool required in trailer zone
He felt one acre minimum for agricultural zones should be Y2 acre.
In Commercial-One, he preferred a height limit of 50 feet to a limit of
60 feet, and preferred that instead of saying parking spaces should be
within 250 feet, they should be within 150' and not have so much asphalt,
and that they could be underground or in parking garages.
He recommended that in Section 18, subsection 14 that all uses listed
other than amusement parks, animal facilities and auctions be moved to
industrial
Under Planned Commercial Development he felt the Planning Commission should
be able to approve, disapprove or approve with modifications to instead
of only "approve" final plans
He recommended that the bonding for excavation and deposit control be
raised.
Jack Prose spoke of behalf of the Wheat Ridge Fire Department. He said
in Section 16. d(4) on Restricted-Commercial-one and Section 17 d(4)
Restricted-Commercial, that the 5 foot minimum side yard is in conflict
with the Building Code which says no side yard on an interior lot if
the building is brick or masonry The Fire Department doesn't see the
need of a sideyard setback if the backyard requirements stay.
Tex Junker of 4615 Swadley said he had bought in Residential-Two, that
it was zoned for horses and he bought for that reason, that he and his
neighbors liked it that way, and that he approved of 6,000 square feet
per horse with enforced clean-up
Dr. Bob Perce of 2801 Lamar, veterinarian in equine practice, asked
support for recommendations of Darrell Skelton, especially the mlnlmum
corral size because facilities which are too small are bad for sanitation.
He said the Ordinance as proposed is to restrictive.
Dane Kenny of 10825 West 46 Avenue stated he agreed with other horse
owners as to the Ordinance as it relates to horses.
Jim Powell of 3605 Klein stated he is involved with development in Wheat
Ridge He said he went along with the animal and horse people and said
there was nothing objectionable about horses in his neighborhood.
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Mr. Powell proposed a medium density zoning which would be 10 units
per acre or 4 units on 16,000 square feet. He said the largest
bUilding allowed would be a 4 unit structure He said he had
rewritten a portion of Residential-Two and Residential-Three A
and copies of his proposal were distributed to Council.
A copy is in the General File under "Zoning Ordinance No. 98 - Public
Hearing."
He also recommended that the rear yard setback in Residential-Two
remain at 5 feet instead of being increased to 20 feet.
Motion by Alderman Bramble "I move that all comments in writing for
the Planning Department and the Council be reviewed by the Planning
Department and that the Department advise the Council of changes they
think should be made and on March 2, 1972 take under consideration
and act on the amendments and the Ordinance."
It was clarified that this was to be a complete report not just the
Planning Department recommendations.
Motion was seconded by Alderman Donaldson and passed 5-0
Mr Paul Walker stated that the entire hearing had been taped by the
Sentinel and that a complete print of it would be submitted.
A copy of this print will be filed in the General File under "Zoning
Ordinance No. 98 - Public Hearing."
Mayor Anderson expressed appreciation to the citizens who had attended
the hearing on the Zoning Ordinance.
WF-71-06 A Flood Plain Special Exception Request which had been continued
from December 16, 1971 for further consideration was heard.
Mr. Fox, City Attorney, stated the proponents had presented their case,
two opponents had spoken and repeated testimony would not be heard,
that other opponents, if any would be heard and then a summation from
each side
A letter from Marqaret K. Bro~ of 11302 West 38 Avenue, a resident of
the Flood Plain was read by the Mayor.
A letter from Price V Smith of 11254 West 38 Avenue, a resident of the
Flood Plain was read by the Mayor
A letter from Kenneth R. Wright of Wright-McLaughlin Engineers on the
intent of, provisions of and responsibilities provided for, in the
Flood Plain Ordinance was read by Alderman Paul Abramson.
The above three letters were made a part of the record and are attached
to the Minutes.
Speaking in opposition were
J.E Morrison of 3820 Routt, registered engineer who stated that
he had considerable experience in damming and channel flow and in design
especially after the 1965 floods.
1. That he had heard the Planning Director present the plan a
year ago and understood the Flood Plain to be a prime concern, but had lost
confidence in the department as he watched week after week as the Lena
Gulch by-pass was filled in and buildings built along the banks of the gulch
2 That he himself lived above the plain but could clearly view
the construction
3. That the Flood Plain should be made secure before there is
any building
4. That he was against any further building in the Flood Plain
until Council has advice and a plan which since the by-pass had been
filled, may have to be for deepening and widening the channel.
5. That in his professional opinion building of the proposed
townhouses "would be unwise "
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Dr. Charles S. Robinson, Geological Engineer and registered, Board of
Directors of the Urban Drainage and Flood Control District who said
1 That he couldn't speak for or against because he hadn't studied
the plan, but that he would like to emphasize the points made by
Kenneth Wright.
2. That he has spent many years patching others' mistakes.
3. That the Flood Plain has been defined and there should be
no changes made unless they were outlined by an engineer with expertise
in hydraulics.
4 That in any appeals for change, plans should be reviewed and
submitted to a man capable of making this decision.
Speaking in Opposition
State Representative George Fentress, registered geologist and
registered engineer who said
1. That he was going to complain because he had been bragging
about Wheat Ridge with the Flood Plain Ordinance and "then you chop
the heck out of it, if you don't intend to do something with it, why
did you pass it?"
2 That you don't have to channelize Lena Gulch
3 That he had been trying for years to keep people from moving
into danger areas
4. That a Supreme Court case in an Adams County case proved that
Flood Plain Zoning is a legal use, that Adams County had 21 uses and
the court ruled this was sufficient.
Speaking in Favor was
Naomi Olson of 11250 West 38
1. Her parents pioneered in
2. That she was a member of
had researched back to 1856.
3. That since that time there had never been a damaging flood
4. That this is her home and she has never known of any damage.
5. That only a few, in a pressure group are concerned about damage.
6 That only a small piece of land is involved.
7. That "I have a small piece of land and it would mean alot to
me if I could dispose of it, but with this (ordinance) it is impossi ble."
Avenue who said
Prospect Valley.
the Wheat Ridge Historical
Society and
Speaking in Opposition was
Claude Roark of 11252 West 38 Avenue, geologist and engineer who
stated
1. That he concurred completely with the view of the other engineers,
Mr. Fentress et al of the ordinance.
2. That he lived in the Flood Plain.
3. That water reached his barn once as a result of the Red Barn
situation.
4. That when he moved here there were several families, but they
had no fear of floods because the drainage was complete except for the
culvert situation at the Red Barn.
5. Now it is entirely different. Apartments have been lined up
to the east of him
6. That if there were a flood tomorrow, it would flood me and my
neighbors all up the valley because of construction in the immediate area.
"With three buildings to the east and this complex added to it, they're
building a dam that will back it up on me."
Also in Opposition
Gale Brown 3920 Routt, employee of the U.S. Geological Survey for
20 years who said he lived within 3~ blocks of the construction and was
10 feet above the Flood Plain. He asked if the model near the wall was
a model of the buildings to be built and received an affirmative answer.
He said
1.
2.
13 inches
3.
4 feet of
That buildings of this sort would be a great obstruction.
That it may not happen this year or next but there is a potential
of rain in a 100 year flood such as Blum Creek in 1965.
These proposed buildings or building as the others and as the
fill "have a tremendous effect on the whole community."
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Speaking on behalf of the proponents was
Daniel Aberle of 1595 Wadsworth, registered engineer stated
1 That specifications of the foundation wall would be 8 inches
with reinforcing, not 9 inches as he erroneously stated at the last
hearing, and that 8 inches was perfectly adequate.
2 That Lena Gulch splits 200 feet upstream of the apartments.
3 That there is a possibility of a secondary channel.
4. That this area is higher that it is not in the primary, or
secondary, or even tertiary channel, but in a gray area
5. The water will not be flowing.
6 It will be hard to tell which direction the water will flow
or is flowing.
7. The buildings will causQAmeasurable rise in water level.
8. That he couldn't see how it could damage anyone. In answer
to the question, "Had he analyzed the flow?" His answer was "No "
9 That he had refrained from all but the requirements of the
Ordinance
10 That the structure is flood proofed
In answer to question - "Had he predicted the flow in his area, on the
~sis of what is tabulated in the Corps of Engineers study?" He said
he had surveyed the area and believed the Corps of Engineers Report
to be conservative, and that it would take water well in excess of a
1% flood to flood.
Summary of David Deubin, attorney for the proponents
Mr. Deubin said that it had been assumed that this is in the
plain because it is shown on the diagram, but that this is above the
flood, it isn't in a channel.
That presumably if requirements are met, a building permit should
be issued.
That there are no basements.
That structural stability has been shown, and
that to deny this would be to prevent the applicant the use of
his land, and would not be proper or fair.
Summary by Dr David Snow for the opponents
Dr Snow said
1 That he was well satisfied that they had designed a building
that won't be damaged.
2. That proponents claim they are not in the plain but they are.
3 That a water system which has been in existence as long as
there have been people in this valley, shows that the water which comes
from the Gulch southwest of here, is divided from the gulch by a steep
bank, that has come north and after crossing the channel can go here.
That the direction of flooding can be shown.
4. That "the fact that they don't know is proof they haven't
properly researched and cannot prove that they don't do damage."
5. That "the engineer by his own admission has not analyzed the flow."
6. That expertise is needed in the employ of the City.
7. That "the flow with the engineers study could easily be tabulated,
this has not been done and consequently they have not satisfied the
requirements."
A Finding of Fact was presented by Mr. Paul Walker, the Planning Director,
for consideration by the Council. Alderman Abramson commented he did
not agree with the Finding and said that No.6 should be deleted, that it
referred to the longer axis of the buildings being parallel to the flow
Alderman Abramson stated "they can't say they will be parallel to the
flow, when the individual buildings are not parallel and in fact they
haven't determined where the water will flow."
Motion by Alderman Howard "I move that the Finding of Fact of WF-71-06
Baurer Townhouses located at 38 Avenue and Quail be accepted at this
time. (This is to include point No 6)" Motion was seconded by Alderman
Hulsey and defeated 1-3 with Alderman Howard voting "aye", Aldermen
Donaldson, Hulsey and Bramble voting "nay", Alderman Pepe absent and
Alderman Abramson abstaining because he became a member of the Council
(On advice of Attorney Fox and ruling of the Mayor) at the time of the
first part of the hearing and had spoken at the hearing
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Alderman Abramson abstained on the following Motions for the same reason.
Motion by Alderman Donaldson "I move that Council take a five minute
break to make a Finding of Fact" Motion was seconded by Alderman
Hulsey and passed 3-1 with Alderman Howard voting "nay" and Alderman
Abramson abstaining
Motion by Alderman Donaldson "I move that Council accept and approve
the following Finding of Fact
'It is found that proponents failed to present adequate evidence
concerning potential damage to citizens and property lying within the
Flood Plain.'" Motion was seconded by Alderman Hulsey and passed 3-1
with Alderman Howard voting "nay", Alderman Pepe absent and Alderman
Abramson abstaining.
Motion by Alderman Donaldson "I move that WF-71-06 Special Exception
Request be denied." Motion was seconded by Alderman Hulsey and passed
3-1 with Alderman Howard voting "nay", Alderman Pepe absent and Alderman
Abramson abstaining.
It was stated that the permit was denied
Meeting was adjourned at 12 05 a.m.
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L~uise F. Turner
City Clerk
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3 February 1972
City of Wheat Ridge
City Council
Re Proposed Sign Ordinance
Gentlemen
As a contractor licensed to erect and maintain signs in the
City of Wheat Ridge we are very interested in the new sign
code being proposed in your city. Many municipalities in
the Metro Denver area have enacted ordinances similar to the
proposed \vheat Ridge ordinance. Since we erect signs
in all these areas we are familiar with the problems that have
been created for the businessmen governed by these codes
and the city administrators charged with enforcing the codes.
2.
following are some points pertaining to the C-I zoning
we wish you to consider before passage of the ordinance:
The minimum sign area allowed in the proposed code is
only 40 square feet The businessman with the small
building or lot often requires more sign area than the
businessman who operates in a large warehouse-type
building. New ordinances in Denver and Aurora allow
an 80 square foot minimum
The proposed ordinance allows one square foot of sign
area for each three feet of street frontage for a
single use zone lot. On this basis, only those few
uses with more than 120 feet of street frontage
would be allowed more than the 40 square foot
minimum Denver's new code allows 1.5 square feet
of sign for each I foot of street frontage and Aurora
allows one square foot of sign for each I foot of street
frontage.
The prohibition of third party signs would make success
impossible for those uses such as motels located along
interstate highways and dependent on auto traffic for
business.
The
that
1.
3.
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3 February 1972
4. The proposed ordinance requires a ten foot setback for
ground signs. Perhaps a more equitable solution would
be to require a minimum distance from grade to bottom
of the sign which "'muld allow the sign to be seen more
easily while maintaining traffic safety
5. A type of sign we feel should be added to those allowed
is a sign on a canopy face or facade This type is
often the best type for visibility and also is in keeping
with a low profile appearance
6. The proposed code limits wall signs to a height of
25 feet. If the height were limited to the roof line of
the building, those businesses on second stories could
have their identification on their own building wall
and still maintain low profile.
I hope the above comments will be of assistance in the final
draft of the ordinance and if I can be of any service, please
callan me.
Very truly yours,
GORDON NEON CO~WANY
e~
Permit Coordinator
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RONALD C. McLAUGHL.IN
KENNE7H R. WRIGHT
HALFORD E. ERICKSON
DOUGLAS T SOVERN
KENNETH ASH MANAGER
ASPEN OFFICE
1" O. OOX 2810
AS1"EH. COL.O. 4111611
WRIGHT,McLAUGHLIN ENGINEERS
ENGINEERING CONSUL.TANl'S
2059 BRYANT STRCET
COMPl.ETE EN(iI14[:[R!NG, SC:AVICEio
IN THE SPECIALTY '-JCLDl. 0'-
VlATfJI 6UP1"LY AND ColSTA'uuTIOH
WATER A,.O GE:WAGi: TAEATM<;.'.7
6EWACioE: COLLECTION ....ND FlEU~L
INDUSTRI....L WASTE"
STORM ORAINAGE
"1..000 CONTROL ....HO
OTHER WAT~A.ORIEHT':D P'RO..lLCTa
DENVER, COLORADO 80211
TEl,E"HONE (303) ..33.6.aOI
3 February 1972
Professor Paul S. Abramson, Chairman
Department of Physics
Metropol itan State Col lege
250 West 14th Avenue at Civic Center
Denver, Colorado 80204
Dear Professor Abramson
The basic intent of the Flood Plain Regulation of the County of Boulder,
which is the same as that given in the Urban Storm Drainaqe Criteria ~anual of the
Denver Regional Council of Governroents and as adopted by the Urban Drainage District,
is to stop imprudent use of flood plains, and to provide for wise flood plain manage-
ment for the benefit of present citizens, and even more so for the benefit of
future generations.
The intent of Section 4.0 is to prohibit that fill ing and construction in
the Flood Regulatory District which would cause problems and expense for the public,
and private third parties. Fill ing and construction can be permitted by the
authorities where such work would not adversely affect the carrying capacity of
the waterway or cause more damage to others.
The effect of the ordinance on flood plain land should be to preserve the
land in a manner suitable for transportation and storage of flood waters so that
the public will not have to construct costly artificial channels or contribute
excessively to emergency funds for aid to flood victims.
An open flood plain, in its natural state, would be best, and the closer that
the flood plain approaches this condition, the better.
The Regulation recognizes the existence of land use confl icts and the real ities
of pressure for development of certain lands within the flood plain. It provides
for permitting of"discreet" filling and construction in the flood plain, and more
extensive fill ing in instances where the Floodway and Flood Storage Districts are
created.
Without these tempering provisions, the Regulation would have had 1 ittle chance
for adoption because of the normal influence of opposition groups and associations.
In regard to your third question, I am not about to tell any City Council
what their responsibil ity is to current flood plain inhabitants. Matters are fairly
clearly stated in the Regulation, in my opinion.
The Regulation is one of the tools available for good flood plain management.
It gives local governmental officials one more opportunity to help 1 imit, control,
and guide the growth and development for the overall benefit of society.
Very truly yours
~It is necessary for the developer
to submit detailed data on the
hydraulics, cross section, flood By
profile effect, nnrl snp.rifi~ATin~s
The decision must then be based upon the objectives in
purpose, Sec
3
.
.
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