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PLANNING COMMISSION
Minutes of Meeting
February 15, 2018
CALL THE MEETING TO ORDER
The meeting was called to order by Vice Chair BODEN at 7:01 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present
Commission Members Absent:
Dirk Boden
Alan Bucknam
Emery Dorsey
Janet Leo
Amanda Weaver
Vivian Vos
Donna Kimsey
Scott Ohm
Staff Members Present: Lauren Mikulak, Planning Manager
Meredith Reckert, Senior Planner
Dave Brossman, Development Review Engineer
Tammy Odean, Recording Secretary
PLEDGE OF ALLEGIANCE
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner BUCKNAM and seconded by Commissioner
WEAVER to approve the order of the agenda. Motion carried 6-0.
APPROVAL OF MINUTES — January 18, 2018
It was moved by Commissioner WEAVER and seconded by Commissioner LEO to
approve the minutes of January 18, 2018 as written. Motion carried 5-0-1 with
Commissioner BODEN abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
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February 15, 2018
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No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-18-01: an application filed by Tom Kennedy for approval of a zone
change from Agricultural -One (A-1) to Mixed Use -Neighborhood (MU -N) for the
property located at 4433 Tabor Street.
Ms. Reckert gave a short presentation regarding the zone change 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 BUCKNAM asked if the small strip of land to the southwest of the
subject property is also A-1.
Ms. Reckert said it is A-1 and is a part of the water detention that was created
when I-70 on/off ramps were relocated about seven years ago. She added that the
zoning on it will not be changed and that much of the right-of-way for I-70 is
zoned A-1.
Commissioner BUCKNAM then asked if there are any concerns with drainage if
the zone change is approved due to the possibility of higher density on the land.
Mr. Brossman said that during the design phase drainage will be addressed and any
new development would have to have adequate facilities on site to handle drainage.
Commissioner VOS wanted to confirm the zoning of the building to the north and
asked if the zone change to MU -N will run with the land if the owners decide not
to develop, but to sell instead.
Ms. Reckert confirmed that the MU -N zoning would remain, regardless of
ownership.
Tom Kennedy, Applicant
11194 I-70 Frontage Rd North
Mr. Kennedy gave a brief explanation behind his desire for the zone change to
MU -N. He said the concept of becoming more environmentally conscious is
beneficial and would create less vehicular traffic by developing a live/work
product. The units would include office space on the main floor and apartments
above, on the 2nd floor. He also added that he had enjoyed working with the City
of Wheat Ridge staff.
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John Clark, Resident
4665 Swadley Street
Mr. Clark believes the staff at the City of Wheat Ridge is hard to work with and he
felt it was inappropriate to indicate that three people had attended the neighborhood
meeting in May because the two other people showed up late. He said he is not
against development, but in fact is against changing the zoning for something in the
future that could be much bigger or more intensive. He feels that MU -N is more
valuable than an A-1 zoning and will just be sold for money. Mr. Clark does not
want to see A-1 properties disappear because we need more grassland and feels
Wheat Ridge is not sustainable if it is all asphalt. He expressed concerns that a
vacant A-1 property on the east side of Tabor Street would be rezoned and
redeveloped commercially. He expressed distrust of the City and of staff.
Commissioner VOS commented that if the maximum height for residential use in
MU -N is 35 feet and 50 feet for all other uses, she is worried something other than
live/work will be developed.
Ms. Mikulak explained that zoning runs with the land and it is appropriate to
compare the different development standards to the commercial properties adjacent
to this one not only the A-1 that it is zoned currently. Commercial -One (C-1) also
has a height limit of 50 feet for buildings with commercial uses. The Commission
needs to focus on the zoning not the potential for a live/work development because
it is always possible that future development could be for any of the permitted uses.
It was moved by Commissioner BUCKNAM and seconded by Commissioner
WEAVER to recommend APPROVAL of Case No. WZ-18-01, a request for
approval of a zone change from Agricultural -One (A-1) to Mixed Use -
Neighborhood (MU -N) for property located at 4433 Tabor Street, for the
following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community and does not result in an adverse effect on
the surrounding area.
2. The proposed zone change is consistent with the goals and objectives
of the City's Comprehensive Plan and Fruitdale Subarea Plan
3. The proposed zone change is consistent with the character of Tabor
Street.
4. The zone change will provide opportunity for reinvestment in the
area.
5. The criteria used to evaluate a zone change support the request.
Commissioner BUCKNAM explained he is going to support the motion because
Tabor Street is between the neighborhood on the east and the commercial on the
west and it is appropriate for a mixed use zoning and the uses would be in
character with the neighborhood.
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Commissioner WEAVER added that she works and lives among agricultural uses
and when you don't have large continuous spaces it is hard to do agricultural work.
She explained that when you look at the zoning map there are not agricultural
activities being done in the A-1 zone districts. Commissioner WEAVER added
that the City of Wheat Ridge has done an excellent job at creating zone districts for
what is appropriate for the neighborhoods.
Vice Chair BODEN called for a vote.
Motion recommending APPROVAL carried 5-1 with Commissioner VOS
voting no.
B. Case No. MS -17-08: an application filed by Brad Weiman, for approval of a 4 -lot
subdivision for single family homes located at 3275 Quail Street.
Ms. Mikulak 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 LEO asked if the applicant is also the developer.
Ms. Mikulak said the applicant is not the current property owner, he is the one
entitling the property and believes he also plans to develop it, but will let him
explain his role.
Commissioner VOS asked for clarification on the Forestry Division's referral
comments related to the landscaping in the drainage area.
Ms. Mikulak said that design standards have recently been adopted for drainage
features that includes making open channel drainage more natural with native seed,
grasses and bushes. This subject's drainage will not be cement, but will be natural
looking. The Forestry Division had commented on the proposed plant materials
and seed mix.
Commissioner VOS commented that this property was platted as a part of
Applewood Estates and wondered if it will still be a part of Applewood Estates.
Ms. Mikulak explained that with a replat it will become its own Quail Creek
Subdivision.
Commissioner DORSEY asked why lot one is much bigger than the other lots.
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Ms. Mikulak said the applicant can answer this question, but explained that even
though lots 2, 3 and 4 look small in comparison they exceed the minimum lot size
in the R-1 zone district which is 12,500 sq. ft.
Commissioner BUCKNAM wanted condition number 3 confirmed from the
possible approved motion. He asked if it means only lots 1 and 2 cannot get a
building permit until there is a demolition permit for the current house on the
property.
Ms. Mikulak confirmed this condition.
Commissioner BUCKNAM asked if there is also a drainage on the west side of the
church site.
Mr. Brossman explained there are two tributaries that carry water from a large
basin in the Lakewood area to Lena Gulch, on either side of the Baptist church
property. The one on this subject property will be a 48 inch pipe that will carry a
bulk of the flow from 32nd and Quail. This drainage design was reviewed carefully
and will connect to Quail Hollow subdivision on its way to Lena Gulch.
Commissioner BODEN asked if the cement detention structure to the northwest of
the property will be maintained.
Mr. Brossman explained the HOA from this subdivision will have to maintain this
area.
Commissioner BODEN also asked if some of the trees on the subject property will
be preserved. Staff recommended the applicant address this.
Brad Weiman, Applicant
4455 W 30t' Avenue, Denver
Mr. Weiman gave a brief background of himself and growing up in the
surrounding area of West Arvada and Golden areas and wanting his kids to have
the same great experiences he did. He said he is a developer by profession and
plans to develop the four lots and live with his family on lot 1. He wanted a big lot
for his kid to play on. He explained he will keep as many trees as possible, but will
get rid of some of the trees that are not very healthy and those in conflict with
homes or drainage improvements. He does have plans to add some trees.
Will Sugai, Resident
11158 West 33rd Avenue
Mr. Sugai asked if the lot will be elevated and by how much. Also, he asked about
the drainage easement on the east side of the subject property that is being vacated.
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He thought it is part of the drainage from the other side of the street and wondered
if that drainage will be built into the new calculations.
Mr. Weiman said the current elevation will be raised about 24 inches above the
drainage features, but no higher than the level of the sidewalk. He also added the
homes will be 2 -story. Mr. Weiman said the existing drainage has been accounted
for and the pipe will be tied to the drainage on the subject property.
Nathan Laudick, Civil Engineer
Mr. Laudick explained that a 30 -inch pipe will connect to the existing drainage
structure on Quail Street into the new drainage facilities.
It was moved by Commissioner WEAVER and seconded by Commissioner
LEO to recommend APPROVAL of Case No. MS -17-08, a request for
approval of a 4 -lot subdivision on property zoned Residential -One (R-1) and
located at 3275 Quail Street, for the following reasons:
1. All agencies can provide services to the property with improvements
installed at the developer's expense.
2. The requirements of Article IV of the zoning and development code
have been met.
With the following conditions:
1. Note 11 on sheet one shall be modified by replacing the first two
sentences with the following text: "Utility easements are granted on
private property as shown herein."
2. Add plat note: "A consolidation plat must be applied for Lots 1 and 2
if the existing house is not demolished within 2 years of recordation of
this plat."
3. No building permit shall be issued for Lots 1 or 2 until a demolition
permit is issued for the existing home.
4. The developer shall enter into a subdivision improvement agreement
whereby all required infrastructure improvements are in place prior
to issuance of building permits for individual lots.
5. The developer shall pay fees in lieu of parkland dedication in the
amount of $7,491.87 at the time of plat recording.
6. The Homeowners' Association covenants be reviewed and approved
by Staff prior to issuance of building permits.
Motion carried 6-0
Commissioner Weaver stated she is supporting this motion because the drainage
will be improved in this area.
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8. OLD BUSINESS
9. NEW BUSINESS
Ms. Mikulak mentioned that it is anticipated there will be Planning Commission hearings
on March 1 and March 15. She also shared an article written by an attorney from the
City of Wheat Ridge attorney's office regarding quasi-judicial and ex parte issues.
10. ADJOURNMENT
It was moved by Commissioner DORSEY and seconded by Commissioner VOS to
adjourn the meeti at 8:19 p.m. Motion carried 6-0.
1
Sc6 hm, Chair Robin Eaton, Deputy City Clerk
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