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HomeMy WebLinkAbout04/13/1972 MHJUTES April 13, 1972 The one hundred and fifty-fifth 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 wsre Dr. Paul Abramson, Joseph Donaldson, Robert Howard, Calvin Hulsey and Ray Pepe. Alderman Jack Bramble was abssnt. Others present were Mayor Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, staff personnel and interested citizens. In answer to a question by Alderman Abramson, Attorney Fox said he had checked regarding questions by Mrs. David Snow at the preceding meeting and that "Subdivision Regulations in effect on the date someone is building, as of that date will be applisd." WZ-72-o5 Rezoning Case was heard. William and Elnora LeValley, applicants had requested a change from Agricultural-One to Industrial-Three on three acres at 10201 West 49 Avenue for - industrial warehouses. Robert Barr of the Planning Department stated the following factors should be considered 1. The Land Use Plan shows industrial. 2. Additional ROW is required. 3. Parcel doss not lie in the Flood Plain. 4. Application is under Ordinance No. 11 since Ordinance No. 9S is not yet in effect. Also, that it would qualify for a Planned Unit Develop- ment, that there is no contiguous industrial zoning, that there is no other industrial zoning betwsen Kipling Street and Miller Street, that the nearest industrial zoning is 500 feet away and is property of the glass factory which covers approximately 20 acres and that Industrial- Three is the most restrictive zoning under which warehouses are allowed. The Planning Commission by a vote of 3-0 recommended approval because the area was shown as industrial on the Land Use Plan and the LeValleys were willing to conform to any changes in the Zoning Ordinance. The Commission noted that their recommendation was subject to the required ROW acquisition. Mr. and Mrs. LeValley were present and were reprssented by Attorney Michael Villano. Frances stated 1 . 2. 3. 4. 5. 6. McGinn, real estate broker speaking on behalf of the applicants That the purpose is commercial type warehouses. That Kenneth Gantenbein was the contract purchaser. That Mr. Gantenbein feels there is a need for warehouses. That this is a clean type of light manufacturing. There is good access. That there is commercial to the east and basically to the south. Michael Villano, attorney stated 1. The purchase is contingent upon rezoning. 2. To the northwest is the glass plant. 3. In the 1-70 and Kipling area are a number of service stations. 4. A restaurant is the nearest commercial north of 1-70. 5. South of 1-70 are two motels, Davis Brothers Florists and the textile factory. 6. Looking at an aerial map indicates the logical use is industrial and that it is unwiss for rssidsntial use, and that this may be why it is industrial on the Land Use Plan. 7. That industrial is more logical than commercial. S. That applicants will abide by the new law when passed. 9. That the area is 3.1 acres. 10 That about S people were present in opposition at the Planning Commission hearing. They were from several areas and opposed to any indust- rial zoning which is not a practical approach for a City. That it is best to find a logical placs, and that this is the first request for industrial since passage of ths Land Use Plan and the plan shows this parcsl as industrial. ) MINUTES - April 13, 1972 - Continued -2- Al~o speaking fOT the rezoning weTe Menneth Gantenbein who said use would be commercial warehouse and one prospect at present is an electronic type company, and that all storage would be inside,and Dave Sartorno of 2830 West 17th who said he was looking for land and that land for expanding industrial uses is scarce. Appearing in Opposition was. Gerald Birney of 10660 West 48 Avenue who said he lives on the south side of 1-70, but can see property from his front window. He presented petitions with 182 signatures in opposition and gave the following reasons 1. It would constitute spot zoning. 2. It would lower the value of residential homes. 3. Kipling Street and 1-70 intersection was not designed to handle heavy local traffic. 4. It will set a precedent for further low quality development. 5. Industrial-Three is not sufficiently restrictive to insure good quality development. 6. The ultimate use of property is not sufficiently defined. 7. There is presently industrially zoned land in the area not in use. He added that this is supposed to be one of two test cases, that room to grow brings spoilers who don't live in the area and are willing to "put it up for sale with a battle cry of progress and tax base when they really mean ruin for personal profit." He said Wheat Ridge is the only City of any size that operates in the black, that it should be preserved as a place people can live and the case should be denied. The petitions were accepted. In answer to the question would he support a Planned Unit Development, he answered "Yes, if it were a high quality plan." Tex Junker of 4615 Swadley who opposed any increase in truck traffic past his house. Present truck traffic is from the glass factory. He said if a decent development with no trucks went in there would be no opposition. Herb Heidenfelder of 4671 Mipling who questioned the restrictions in Industrial-Three. Motion by Alderman Donaldson "I move that Case WZ-72-o5 be tabled for one week until April 20, 1972 and a decision be rendered at that time." Motion was seconded by Alderman Hulsey and passed 5-0 with Alderman Bramble absent. Public Hearing for a two-way liquor license for Cugino's Italian Restaurant at 5807 West 38 Avenue was held. Applicants William and Ernest Pietrefeso were represented by Attorney Richard Bangert. Complete proceedings were recorded by Court Reporter Harve Clements. Motion by Alderman Pepe "I move that Council take the matter of a two- way liquor license for Cuginos under advisement for one week and a decision be rendered at that time in these chambers." Motion was seconded by Alderman Donaldson and passed 5-0. WZ-72-o8 Rezoning Case was heard. Applicant Mountain Vista Nursing Home had requested a change from Agricultural-One and Agricultural-Two to Planned Unit Development on five acres at 1-70 and Tabor Street (northeast corner) for a retirement home community. Robert Barr of the Planning Department stated 1. Land Use Plan shows industrial. 2. Application is for multiple units at six per acre. 3. The Planning Department recommended approval because it is a Planned Development and because it is an extension of an existing use . 4. The.Plann~ng Commission had recommended approval because it is ln harmony ~lth adJac~nt uses, an appropriate plan and would cause no undue trafflc congestlon. MINUTES - April 13, 1972 - Continued -3- 5. That approval had bEEn rECEivEd from all 5ErvicE authoritie5 and the Public Works Department. 6. That the existing nursing home is a legal use in an agricultural zone, and 7. There had been no opposition at Planning Commission hearing. 8. That Tabor Street is 40 feet wide, that five feet may be gained on this side and it would be equitable to gain five feet from the other side of the road. 9. There will be two exits, one on Tabor Street and one on the Service Road. Thomas Grimshaw, attorney for the applicant stated 1. The Mountain Vista Home is owned by the Baptist Homes Association of Colorado, a non-profit organization. 2. The proposed structures would be built on a long term loan by the American Baptist Association. 3. The drawing shows 26-one be~~8~its, 15-two beB^8~its, and admin- istrative building and a community facility. 4. The maximum height is 20 feet. 5. Location is immediately north of 1-70. 6. It would be a community with a religious environment for the elderly. 7. That it would house those not in need of nursing care and care would be available for them in the future. 8. Valley Water and Fruitdale Sanitation lines are shown. Appearing in favor were Clayton Cormack of 7113 West 33 Avenue, Executive Director of Baptist Homes who said 1. Existing structure is a 90 bed home licensed under a skilled license. 2. It opened in 1964 and was completely filled by January 1965 and there is a waiting list of at least 150. 3. Retirement area has been desired since beginning. 4. It will be a sheltered type of living - one family to one unit with five levels of care available. 5. Work would begin as soon as working drawings are obtained. 6. All but one acre has been owned since beginning. 7. Nursing home is tax exempt. 8. Whether the new part would be exempt or not would depend on income level of residents. 9. It is not necessarily a low income facility, probably middle income. 10. That truck traffic has increased in the last 6 months. Gary Lewman who stated the Fruitdale Civic Association is collective~y and individually in favor of the proposal and presented two petitions with 21 and 19 signatures and giving the following reasons That it would be an upgrading of the area, a good adjacent use to the existing use, it would cause no overloading of present services, no increase in pupils, and no substantial increase in traffic and is in accordance with the desires of the residents. Mayor Anderson stated that Ivan Haun of 4900 Robb Street had phoned to give approval. Gerald Birney who stated "This proposal is everything we've been arguing for and nothing we've been fighting against." Holly Werth of 4650 Oak and Tex Junker of 4615 Swadley also expressed approval. Logan McMillan of 2899 Ames asked why more parking space is required than is actually needed stating unnecessary asphalt contributes to drainage problems No one appeared in opposition. ,Bttornev Grimshaw expressed appreciation for the help of speakers previously unknown to him. MINUTES - April 13, 1972 - Continued -4- Motion by Alderman Abramson "I move that Case WZ-72-0B be approved for the following reasons: it has the endorsement of the Planning Commission, it has the endorsement of the homeowners, it is an ap- propriate use for the land and there is no opposition." Motion died for lack of a second. Motion by Alderman Pepe "I move Case WZ-72-oB be tabled for one week and a decision be rendered at that time." Motion was seconded by Alderman Donaldson and passed 4-1 with AlErman Abramson voting "nay." Marshall Park Subdivision was presented to Council. Robert Barr of the Planning Department stated 1. All adjacent properties had been notified. 2. That R-1 schools estimated an additknal 32 students, that both Stevens Elementary and Everette Junior High are below capacity. Jefferson High is 360 above its capacity and has 12 temporary classrooms. Wheat Ridge High uses one temporary classroom. 3. Health Department and Wheat R~e Post Office had no objection. 4. Wheat Ridge Water District said water is available. 5. Wheat Ridge Sanitation District said service is available. 6. Midwest Builders considered hydrants satisfactory. 7 Public Works approved the drainage system plan recognizing the fact that approximately 15% increase in water would be expected and that Rocky Mountain Ditch does overflow between Pierce and Newland Street, and determined that a drain should be placed from Newland to Pierce 8. That the plat had been before the Planning Commission three times, the first time approval was contingent upon an adequate street arrangement, the second time upon assurance that drainage would be satisfactorily provided and final approval was given upon receipt of a letter from Public Works stating that drainage plan would be satisfactory. 9. That subdivision was filed in 1971. 10. That the owner had signed a statement that improvements would be made. In answer to a question by Alderman Donaldson as to the amount of increased ground coverage and as to why the drainage was not extended to Marshall Street, Mr. Barr stated he didn't have figures on the increased coverage and the Public Works Department felt that water would be intercepted as it comes from Newland and the total effect would be a lessening. In answer to a question by Alderman Hulsey as to when the drain would be put in and when the houses would be built, Mr. Barr said funds are not available for drainage this year and that houses probably would be built this year. In answer to Alderman Howard's question as to lot size, Mr. Barr said all would be doubles on 12,500 square foot lots. In answer to questions by Alderman Abramson as to whether or not an analysis of drainage had been made and why the street pattern was set out in such a way as to interrupt the flow of traffic, Mr. Barr said he had not seen an analysis of drainage and that the street pattern had been accepted by the Planning Commission as the most acceptable. Emmett Lane subdivision engineer stated this was the best arrangement and met all requirements, that alternative plans that would allow Marshall Street to go straight through are possible and that he had not made an analysis of the drainage basin, but had relied on Public Works. Also, that Rocky Mountain Ditch is presently being overloaded by drainage from many subdivsions and this development will make only a slight contribution. Rex Hague of 7345 Orion owner of the property stated subdivision should be completed in approximately 18 months. J MINUTES - April 13, 1972 - Continued -5- Herman Husted of 6345 West 33 AVenuB said he was not satisfied with the drainage. Ben Chastain of 3250 Marshall said in the last five years the ditch has come over the culvert and over the road 6 to B inches deep twice and that the water formerly has dissipated itself in the fields where this subdivision now will be. Leonard Rice, engineer said subdivisions draining into the ditch have caused many of the problems. Motion by Alderman Pe~e. "I move we. take WS-71-04 un~J,,}:};!yts,~ment for",-PM week and render a declslon at that tlme." Alderman ~ requested a report and drain cost estimate from Glen Taylor, and Alderman Donaldson requested that the drain be extended to Marshall Street. Motion was seconded by Alderman Donaldson and passed 5-0. Resolution No. 166 was introduced by Alderman Donaldson and read. Motion by Alderman Hulsey "I move that Resolution No. 166 (Pertaining to reinvestment of funds to the General Fund) be adopted." Motion was seconded by Alderman Abramson and passed 5-0. WF-72-01 Flood Plain Special Exception Request was heard. William Blevins of 3220 Ward Road had requested a permit to place clean fill dirt on property at 3951-4051 Kipling which he, his brother - Hugh Jr. and parents - Mr. and Mrs. Hugh Blevins own. Mr. Blevins stated 1. Fill dirt from Denver Water Board is and will be available for about ten days. 2. Property was zoned Commercial-One 4 years ago, and owners had agreed to the dedication of both Kline Street and 40 Avenue at that time. 3. Even though the Highway Department dumped what extra dirt it had on the Blevins property, by the time Kipling Street was completed the Blevins property was 21/2 feet '1i.n the hole." 4. The property is in litigation (this was in answer to a question by Mayor Anderson.) Leonard Rice, consulting engineer on water of 2785 N. Speer Blvd. stated 1. That according to the Corps of Engineers report, plate 26, water will flow across the property. 2. Filling to approximately 1 foot above the flood level would be within the flood plain regulation and would have no discernable effect on the carrying capacity. 3. No one upstream would be damaged because it is in the cross hatch area. 4. The highway department crossing at Kipling - a culvert - is designed "for perhaps a 50 year flood. It will carry approximately 1/10 of the discharge of a 100 year flood." 5. Highway Department might if the plan is presented to them, put in an adequate flow channel under Kipling. Council might address the problem to the Urban Drainage and Flood Control District. 6. Opening this culvert would have a "significant effect" but would not solve the problem because of other existing culverts. The Gulch without culverts would carry 85% of the discharge of a 100 year flood. 7. That the statement in his written report which said "The effect of this filling will be to cause flood waters to spill out of Lena Gulch, not over the Blevins property, but along the west side of the property" was an unfortunate selection of words and should have said "would cause the waters that do spill out of Lena Gulch to go out to the west of the Blevins property." B. That he would have to agree that there would be an increased amount to the west but the amount would be immeasurable and insignificant perhaps 1/10 of a percent. 9. That if the entire flood plain area is filled, the amount becomes measurable and significant. However, each case is to be treated as an individual, and this is equitable and if Mr. Blevins can conform he should be allowed to do so. ~) MINUTES - April 13, 1972 - Continued -6- 10. That the ultimate goal is for the City to determine what property it does not want built upon and purchase that property for parks and fill other properties above the flood level in order to force the water back into the primary channel. Existing buildings in flood areas should be protected from damage by diking or by a control structure such as an upstream reservoir. In areas where the cost of protection is out of proportion to value, purchase them or leave them and have them covered with flood insurance. 11. In regard to cost of a study for an eventual plan that Urban Drainage District would provide detailed topographic mapping and the cost at $1200.00 per mile would be covered by Urban Drainage. Engineering would cost $2500.00 per mile and half would be paid by Urban Drainage which would be glad to come and advise. 12. That there is difficulty in communicating technical opinions to non-technical people. 13. That building up the crossflow area, but not filling into the channel would force water back into the channel. 14. That diversion into the Clear Creek basin should not be encouraged. That there already is an interbasin transfer which one should want to prevent. 15. That cross streets would perpetuate the flow out of Lena Gulch to Clear Creek. 16. That fill occupying some of the storage space would cut down ST"R'~w'i:_ but not a significant amount, would neither stop nor further the interbasin transfer. 17. The flood plain is where water is stored until it can go back to the channel. ,7 Speaking in opposition Dr David T Snow of 11155 West 40 Avenue who stated 1. That he was in favor of building on the Blevins property but opposed to using fill and that there is an alternative to filling. 2. That he had repeatedly opposed flood plain exceptions on valid grounds - as a citizen, as a professor and as an engineer. 3. That Wheat Ridge needs to maintain its open space in the flood plain until such a time as money and means to purchase became available. 4. There have been two kinds of flood plain requests - those directly in the channel and those in the overland crossflow area. 5. Situation is a flow on an incline plane. 6. Lena Gulch is not a normal stream with banks going up on both sides but rather with a low bank on one side which water will flow across and go down into a secondary channel. (Cross-section was diagrammed.) 7. The crossflow area could be built upon in places without doing harm by allowing streets to maintain the flood carrying capacity. 8. No engineer appearing has recognized this device and it has not been proposed. One engineer cut through the protective low bank which will alow more than the original amount to go down that street. 9. The Blevins property is not properly classified as cross-channel. That the Corps of Engineers Report was done with topography prior to the construction of the present Kipling so that Blevins property was not properly evaluated. 10 Kipling is a dam which has done inestimable damage. As Mr. Rice has said only 10% of a 100 year flood could go through the culvert. 11. Kipling should have bridged the gulch instead of having a culvert. 12. In event of a 100 year flood, water would fill 2 to 3 feet deep to the sill depth of Kipling and a pond would form on the Blevins' property. 13. A flow of 3800 cubic feet per second is given at 38 Avenue and 750 cubic feet per second where Lena Gulch meets Clear Creek. This reduction indicates the tremendous effect of the storage capacity of the flood plain along the way. 14. The flood peak will be less if the storage capacity is maintained. 15. Allowing the storage pond area to be filled takes away the storage capacity of that area. 16. That the alternative is to build on piers on the Blevins' property 2 to 3 feet above flood level and water could flow under the structure, and 17. That he would recommend any building if it is on piers be permitted on this property because such conntruction would occupy no storage and would do no harm. MINUTES - April 13, 1972 - Continued -7- James Stone of 3445 Garland consulting engineer and concerned citizen stated: 1. That each section of the flood plain is its own problem, but each affects another. 2. That it is important to consider other people affected. 3 There is not enough information on the entire basin to make a judgement on one portion of it. 4. That a complete plan is needed before sections are tampered with. 5. Doing supplemental work in the main channel is one thing, but disturbing the secondary area and not the channel is "only passing the buck " Some of the points made were in answer to questions asked by Council members and Attorney Fox during the presentations by the engineers: Alderman Pepe had felt the discussion should have been limited to the case at hand and not have included the flood plain in general. Alderman Abramson had requested that cross examination and open discussion among the engineers be allowed so that Council might b8tter utilize their knowledge. The Chair had ruled that this was not allowed under the format normally followed at hearings. Logan McMillan of 2899 Ames expressed a critical oplnlon of Council members who left the room during the presentation and of a format which was not suitable for technical matters. Motion by Alderman Abramson "I move that Case WF-72-01, A Flood Plain Special Exception Permit request by William Blevins be tabled for one week to allow Council and officials (including engineers) of the City to come up with a Finding of Fact and render a decision at that time." Motion was seconded by Alderman Donaldson and passed 3-2 with Aldermen Pepe and Howard voting "nay." Meeting was adjourned at 12 40 a.m. -or --;~,.""" ,( -~ ~( y _, I.t: :...~1/ )'L.-<: G L~uis~ F. Turner City Clerk l' ~) ,.~ I /' " '- ~,