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PLANNING COMMISSION
Minutes of Meeting
December 7, 2017
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present: Dirk Boden
Alan Bucknam
Emery Dorsey
Donna Kimsey
Scott Ohm
Amanda Weaver
Vivian Vos
Commission Members Absent: Janet Leo
Staff Members Present: Lauren Mikulak, Planning Manager
Meredith Reckert, Senior Planner
Dave Brossman, Development Review Engineer
Tammy Odean, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
It was moved by Commissioner BUCKNAM and seconded by Commissioner
DORSEY to approve the order of the agenda. Motion carried 6-0-1 with
Commissioner VOS abstaining.
5. APPROVAL OF MINUTES — November 16, 2017
It was moved by Commissioner DORSEY and seconded by Commissioner
WEAVER to approve the minutes of November 16, 2017, as written. Motion
carried 5-0-2 with Commissioner BUCKNAM and VOS abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
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No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WS -17-01: an application filed by Baseline Engineering for approval of
a 63 -lot subdivision for the property located at 11818 West 52nd Avenue and zoned
Mixed Use -Neighborhood (MU -N).
Ms. Reckert gave a short presentation regarding the Subdivision and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case. Ms. Reckert also gave a
brief description of what a subdivision does and does not do.
Commissioner BODEN asked what the overflow parking options will be.
Ms. Reckert explained that each of the units will have garages and overflow
parking will be on the four adjacent street frontages.
Commissioner BUCKNAM asked about there being no access onto Tabor Street
from Tract A and wanted assurance this would not happen in the future.
Ms. Reckert acknowledge this and explained the grades from Tabor Street do not
make access easy into the site from the east and if the Commission would like it
can be added as a condition to the motion.
Commissioner VOS asked if West 51St Avenue will be built by the developer and
also asked who will maintain it.
Ms. Reckert said 51St Avenue will be a dedicated public street built by the
developer which the City will maintain. The maintenance of trees and landscaping
are the responsibility of the adjacent property owner.
Commissioner WEAVER asked if the units on this site will be shared wall
townhomes and who will own and manage the yards.
Ms. Reckert explained they will be shared wall townhomes and the footprint of the
units will fit within the platted lots. Yards outside of the footprint will be
maintained by the HOA.
Commissioner BUCKNAM inquired about the Tract B open space and how it lines
up with the proposed city open space that will be continuous from 52nd Ave to I-70.
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Ms. Mikulak explained that this Tract B open space is not a part of that
Linear/Regional Park which is shown in the City's vision plan for the area and
which is located further west in this subarea. The kickoff to that park planning
process will be in 2018.
Noah Nemmers, Baseline Engineering
1950 Ford Street, Golden
Mr. Nemmers added that the end result of this project will be fruitful and he
believes the drainage will be functional and architecture will be attractive.
Connie Burg, resident
5195 Swadley Street, Wheat Ridge
Ms. Burg wanted confirmation on fees in lieu of land dedication.
Ms. Reckert and Ms. Mikulak explained the available land in Wheat Ridge is not
usually substantial enough to accept a parkland dedication so fees are collected to
make improvement to existing parks. The fees will be aggregated and will go to
other area parks such as the Linear Park.
Ms. Burg also asked how many parking spaces there will be for each unit and has a
concern on how traffic will be handled for this site. She would also like to see
speed humps on 52"d Ave.
Ms. Reckert said that each of the units will have a garage with two spaces.
Mr. Brossman said the Public Works Department took a look at the development
and said there would not be a major impact to the surrounding roadways. He
added that requests could be taken at the Public Works Department for the
installation of speed humps but may not be approvable on 52nd Avenue.
Ms. Burg also inquired about the width of 51St Avenue and the height of the
townhomes.
Ms. Reckert said the 51St Avenue right-of-way will be 63 feet in width and the
height of the townhomes will be three stories.
Ms. Reckert made a procedural request that questions be directed to the
Commission and then answered at the end by staff.
Michelle Byer, Resident
11721 West 52nd Avenue
Ms. Byer's had a concern with all the developments going in around 52"d Avenue
between Wheat Ridge and Arvada and does not want to see 52nd Avenue become a
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thoroughfare. She added that when her property was annexed in 1993, it was
intended that West 52nd Avenue not be extended further to the east.
Bob Harmsen, Resident
5075 Ward Road, Wheat Ridge
Mr. Harmsen said he has been in the area since 1943 and is concerned with the
traffic in the area and is worried for the safety of the children in the neighborhood.
He believes there is too much going on and would like to see a traffic study.
Rudy Wossner, Resident
12101 West 54" Drive, Arvada
Mr. Wossner is also concerned with traffic on 52nd Avenue and commented that
there is no ingress or egress into this neighborhood. He would like to see
discussions of traffic issues between Wheat Ridge, Arvada, Jefferson County and
RTD.
Garret Vap, Resident
5360 Tabor Street, Arvada
Mr. Vap is concerned for the safety of his kids walking to Drake Middle School
along 52nd Avenue due to lack of sidewalks. Jefferson County will not put a bus
stop near Rainbow Ridge.
Jeff Warrington, Resident
5265 Taft Court, Unincorporated Jefferson County
He echoed the concerns of the others who have spoken and is concerned about the
multiple developments that are proposed around the 52nd Avenue area and the
traffic issues. He is also concerned about lack of sidewalks and on -street parking
around this site.
Dennis Hatfield, Resident
5170 Tabor Street, Wheat Ridge
Mr. Hatfield would like a guarantee that there will be no access from Tract A (the
internal street) to Tabor Street. He also is concerned with water mitigation and has
seen more flooding in neighborhood since RTD build the light rail station. He also
has issues with traffic.
Gary Duncan, Resident
5355 Union Way, Arvada
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He echoed the concerns of all who have spoken and believes Wheat Ridge and
Arvada are creating major traffic problems in this area and does not believe light
rail is going to help alleviate the problems.
Lynette Gilbert, Resident
11895 W. 52nd Avenue
Ms. Gilbert is also concerned with the safety of herself when she walks her dog
and the safety of the children who walk to school. She would like to see sidewalks
on 52nd Avenue and likes the suggestion of speed humps.
Terry Foulke, Resident
5274 Taft Court, Unincorporated Jefferson County
Mr. Foulke wants to see city government stand up for the citizens. He believes
there are too many developments being planned in the area and it will impact
traffic.
Commissioner OHM said that tonight's hearing is for the subdivision, but asked
when a traffic study will be looked at.
Ms. Reckert and Ms. Mikulak mentioned the City of Wheat Ridge has been talking
with the City of Arvada and Jefferson County about improvements to 52nd Avenue
and the surrounding streets. Ms. Mikulak said there is a draft of an
intergovernmental agreement that is being reviewed by all three jurisdictions and
another agreement with RTD to continue to collaborate about area impacts. She
added the voters passed the 2E bond issue in November 2016 and 52nd Avenue is
targeted as a high priority for installation of detached sidewalk on the south side
west to Ward Road. She also said that CDOT will not consider putting in a signal
at Ward and Ridge Road until warrants have been met.
Commissioner OHM asked about the comments regarding street parking.
Ms. Reckert said there will be street parking on all four streets around the
subdivision, with existing parking currently on Taft. Ms. Mikulak said there is no
room for parking today, but the road will get wider as the developer completes the
improvements.
Commissioner BUCKNAM wanted clarification that the south side of 52nd will
have a detached sidewalk and a tree lawn.
Ms. Reckert confirmed there will be.
Commissioner OHM asked about traffic and speed humps on 52nd Avenue.
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Mr. Brossman said the likelihood of speed humps being approved on 52"d is
unlikely.
Commissioner WEAVER asked if there is a way for the resident to talk to someone
about other issues not related to the subdivision plat.
Mr. Brossman said the residents can call Public Works with regards to traffic or
storm water.
Commissioner VOS added it seems this subdivision is being put before the safety
issues of the residents and wondered when the external issues get looked at.
Ms. Mikulak said these capital investments and public improvements are being
worked on simultaneously. Street and drainage improvements will have to be in
place before a Certificate of Occupancy is issued.
Commissioner BUCKNAM inquired about the high density being proposed in this
subdivision and the concerns of traffic issues. He asked if staff had given any
thought to Taft Court becoming signalized.
Ms. Mikulak said signals have not been discussed on the local street grid, but Taft
will be the closer option for people to get to Ward Street from the RTD station.
Taft is wider now because it already has the detached sidewalk.
It moved by Commissioner VOS and seconded by Commissioner WEAVER to
recommend APPROVAL of Case No. WS -17-01, a request for approval of a
63 -lot subdivision plat for property known as Lot 1 of Hance Subdivision,
Replat #1, generally addressed as 11818 W. 5211 Avenue, for the following
reasons:
1. All requirements of the subdivision regulations have been met.
2. The proposed plat will facilitate redevelopment of the site consistent
with the zone change and Concept Plan.
3. Utility districts can serve the property with improvements installed at
the developer's expense.
With the following conditions:
1. All minor corrections occur prior to public hearing in front of City
Council.
2. A Subdivision Improvement Agreement be executed with required
security prior to recordation of the subdivision plat.
3. The developer shall pay parks fees at the time of plat recording in the
amount of $127,362.
4. The Homeowners' Association covenants shall be reviewed and
approved by Staff prior to issuance of a building permit.
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5. There shall be no access from Tract A to Tabor Street.
Motion carried 6-1 with Commissioner BUCKNAM against.
B. Case No. WS -17-02: an application filed by Lo -Hi Customs, LLC for approval of
a 6 -lot subdivision plat for the property located at 2850-2880 Teller Street and
zoned Residential -Two (R-2).
Ms. Reckert gave a short presentation regarding the Subdivision and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the
Planning Commission has jurisdiction to hear this case.
Commissioner VOS asked about the developer paying Public Works fees in lieu of
construction of curb, gutter and sidewalk.
Mr. Brossman explained it is not beneficial to the neighborhood to create curb,
gutter and sidewalk for this property since there is no public improvements
elsewhere and could produce a hardship for the residents to the south because
runoff could be damaging to their property.
Berin Wachsman
2524 Kechter Road, Fort Collins
Mr. Wachsman stated that the access easement for the property to the north has
been released by the property owner and titlecompany. This should not be a
concern of staff any longer.
Ron Olson, Resident
7200 West 2911 Avenue
Mr. Olson has concerns with traffic increasing with all automobiles exiting onto
Teller. He also has concerns with drainage.
Greg Squires, Resident
7090 West 2911 Avenue
Mr. Squires has concerns with drainage especially with the dirt that has been
brought into the property.
Nikki Jorgenson, Resident
2653 Teller Street
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Ms. Jorgenson moved into the area 10 years ago and enjoys living among
properties where there are horses, goats and chickens and is concerned about all the
traffic in the area and thinks this subdivision will increase it.
Commissioner OHM asked about the increase in traffic from this proposed
subdivision and the drainage.
Ms. Reckert said that on average in a low density residential area 10 vehicle trips
per day are made per house; this would equal about 60 new trips per day from this
subdivision.
Mr. Brossman said he reviewed and approved the drainage report and the property
drains to the southeast. He explained that Tract A will capture storm drainage
runoff from this site. It will also reduce the amount of runoff from the site by 70-
80% and will improve the drainage into the neighborhood.
Ms. Reckert added that Code Enforcement has been previously alerted to the debris
and fill dirt that had been brought into the site.
Commissioner WEAVER asked about possible access to 291h Avenue.
Ms. Reckert confirmed that the subdivision would have to have direct frontage to
exit onto 29th Avenue, which they don't so all access will be onto Teller Street.
Commissioner DORSEY asked about the fees in lieu of curb, gutter and sidewalk
and wondered what the fees will be used for.
Mr. Brossman explained that the fees will go into a development sidewalk fund
and after a year it is dispersed into a general fund.
There was some discussion about pros and cons with curb, gutter and sidewalk
installation.
It moved by Commissioner BUCKNAM and seconded by Commissioner
KIMSEY to recommend APPROVAL of Case No. WS -17-02, a six -lot major
subdivision plat for the property located at 2850-2880 Teller Street for the
following reasons:
1. The proposed lots meet or exceed the R-2 zone district regulations for
single-family construction.
2. All requirements of the subdivision regulations have been met.
3. The proposed street system and drainage design provide a logical
development pattern for the new parcels.
4. Utility districts can serve the property with improvements installed at
the developer's expense.
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With the following conditions:
1. All minor corrections occur prior to public hearing in front of City
Council.
2. The 9' by 55.5' access easement on Lot 1 be resolved prior to public
hearing in front of City Council.
3. A subdivision Improvement Agreement be executed whereby all
private infrastructure improvements are in place prior to issuance of
building permits for individual lots.
4. The developer pay parks fees at the time of plat recording in the
amount of $12,486.45.
5. The Homeowners' Association covenants be reviewed and approved by
Staff prior to issuance of building permits.
Motion carried 7-0.
C. Case No. ZOA-17-04: an ordinance amending Chapter 26 of the Code of Laws
regarding small cell commercial mobile radio service (CMRS) facilities.
Ms. Mikulak gave a short presentation regarding the ordinance amendment. Ms.
Mikulak explained that earlier this year an ordinance was approved for small
CMRS facilities into the right -of way (ROW) which was adopted from the State's
legislation, but there was a mistake in the definition. The mistake would allow a
full size cell tower in the ROW which was not intended; this sentence needs to be
taken out of the ordinance.
It moved by Commissioner WEAVER and Seconded by Commissioner
KIMSEY to recommend APPROVAL of Case No. ZOA-17-04, an ordinance
amending Chapter 26 of the Wheat Ridge Code of Laws concerning small cell
CMRS facilities.
Motion carried 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Bylaw Adoption
Ms. Mikulak gave a brief description of the Planning Commission bylaws which
have not been updated in 10 years. Modifications were made by staff that were
reviewed by the Commissioners at the November 16 meeting, with an additional
item that relates to the attendance paragraph. Ms. Mikulak explained that in the
event there is an attendance issue with a commissioner, the bylaws now cross -
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reference City Code for clarity. Board members who are absent will need to
indicate the reason why.
Commissioner VOS asked who will make the determination of excused or
unexcused absences.
Ms. Mikulak explained that he Commission will decide.
It moved by Commissioner DORSEY and Seconded by Commissioner VOS to
recommend APPROVAL of the updated bylaws with the following additional
amendment:
1. That Section 22 be revised as presented for consistency with City Code.
Motion carried 7-0.
Commissioner OHM asked about having a visible LED timer to time the speakers while
at the podium.
Ms. Mikulak said it is a good suggestion and she would ask the City Clerk's office about
it.
10. ADJOURNMENT
It was moved by Commissioner WEAVER and seconded by Commissioner
BUCKNAM to a fjourn the meeting at 9:07 p.m. Motion carried 7-0.
co Oh hair Tammy Odea,- kecording Secretary
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