HomeMy WebLinkAbout05-17-181.
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City of
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PLANNING COMMISSION
Minutes of Meeting
May 17, 2018
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:03 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29t' Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent
Staff Members Present:
PLEDGE OF ALLEGIANCE
Alan Bucknam — arrived at 7:09
Emery Dorsey
Daniel Larson
Janet Leo
Scott Ohm
Richard Peterson
Vivian Vos
Amanda Weaver
Meredith Reckert, Senior Planner
Zack Wallace Mendez, Planner II
Jordan Jefferies, Civil Engineer II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DORSEY and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 7-0.
APPROVAL OF MINUTES — May 3, 2018
It was moved by Commissioner DORSEY and seconded by Commissioner
PETERSON to approve the minutes of May 3 2018, as amended.
Motion carried 7-0.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
May 17, 2018
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No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WS -17-07: An application filed by Evergreen Devco for approval of a
major subdivision located west of Interstate 70, south of Highway 58 and north of
approximately 33rd Avenue (Clear Creek Crossing).
The applicant requested a continuance to June 7, 2018
It was moved by Commissioner LARSON and seconded by Commissioner
LEO to postpone the public hearing for Case Number WS -17-07 a request for
approval of a subdivision containing 13 lots, 3 tracts, and right-of-way
dedication located west of Interstate 70, south of Highway 58 and north of
approximately 33rd Avenue (commonly known as Clear Creek Crossing) until
June 7, 2018.
Motion carried 6-0
B. Case No. MS -17-08: An application filed by Brad Weiman, for approval of a
minor subdivision for 4 single-family homes for property zoned Residential -One
located at 3275 Quail Street. This case was previously heard and approved by
Planning Commission on February 15, 2018. After approval, external factors
impacted the construction of the proposed drainage, prompting the applicant to
redesign the drainage facility. This will change the approved plat, and is required to
be reheard pursuant to Section 26-408.
Mr. Wallace Mendez gave a short presentation regarding the subdivision and the
changes made between the Planning Commission's February 15, 2018 approval
and the proposal being presented, and that the previously approved plat had not
been recorded yet, which is why it is being heard under the original case number.
He entered into the record the contents of the case file, packet materials, the zoning
ordinance, and the contents of the digital presentation. He stated the public notice
and posting requirements have been met, therefore the Planning Commission has
jurisdiction to hear this case.
Commissioner VOS asked for clarification about the landscaping that was
approved at the February 15 meeting.
Mr. Wallace Mendez explained that the land which was previously in a tract, and
landscaped by the developer and maintained by the HOA had been absorbed into
the lots after the drainage system was redesigned. As such, landscaping is the
responsibility of the individual property owners. The Code required that 100% of
the front yards be landscaped, minus sidewalks and driveways, and no less than
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25% of the entire lot must be landscaped. Tract A and Tract B still conform to the
landscaping requirements in the City Code for the drainage areas.
Commissioner OHM asked about the first condition in the proposed motion and
whether it needs to be a condition if the home has already been demolished.
Mr. Wallace Mendez said while he believes demolition work had begun on the
house, he would like to see the condition stay just in case the house has not been
completely demolished.
It move by Commissioner LEO and seconded by Commissioner DORSEY 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. No building permit shall be issued for Lots 1 or 2 until a demolition
permit is issued for the existing home.
2. 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.
3. The Homeowners' Association covenants be reviewed and approved
by Staff prior to issuance of building permits.
Motion carried 7-0.
C. Case Nos. WZ-17-08 & WZ-17-09: Applications filed by EFG-Yarrow, LLC for
approval of a zone change from Residential -Two (R-2) to Planned Residential
Development (PRD) with an Outline Development Plan (ODP) and for approval of
a Specific Development Plan (SDP).
Ms. Reckert gave a short presentation regarding the zone change, Outline
Development Plan, Specific Development Plan 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 PETERSON wanted to know why the properties were not combined
as one before the zone change.
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Ms. Reckert deferred his question to the applicant.
Commissioner BUCKNAM noticed in the zoning map that the northern part of the
site had recently been rezoned to Mixed Use -Neighborhood (MU -N) and is
concerned for the current property being rezoned residential if there is the potential
of the MU -N being redeveloped at some point in time with more commercial
aspects to it.
Mr. Wallace Mendez noted that staff agreed with Commissioner BUCKNAM'S
concerns about commercial penetrating into the neighborhood, which is why Staff
recommended a Planned Residential Development for the southern portion of this
property. Additionally, it was noted that MU -N design standards were utilized for
the Planned Development, but the uses were restricted to residential.
Commissioner VOS asked if the 4255 Yarrow is currently undeveloped and is
confused why there is two different properties and it is not one.
Mr. Wallace Mendez confirmed that 4255 Yarrow is currently undeveloped
explained that the applicant acquired the two properties at different times.
Commissioner VOS asked if the house on 7955 W. 42"d will remain.
Ms. Reckert confirmed the house will remain and if it is ever demolished, only a
single family residence or duplex can be rebuilt.
Commissioner OHM mentioned the discrepancy in acreage on the cover sheet and
page 4.
Ms. Reckert said it was difficult to get the true acreage but the combination of the
different planning areas should be .4 and .8 acres to get a total of 1.2 acres
Commissioner OHM also asked about access to 7955 W. 42nd Avenue and if just
for this case, whether there is an access easement.
Ms. Reckert said there is not, but the next case to be heard will be a subdivision
plat which grants access, if approved.
Commissioner OHM then asked about the traffic analysis on page 11 and the need
for a traffic signal. He wondered why Public Works does not warrant a traffic
signal when the warrant will be met 9 months out of the year when school is in
Mr. Jefferies explained that meeting a warrant doesn't automatically indicate that a
traffic signal is required and engineering judgement should be exercised. He
mentioned that Warrant #2 is met only during the school year and that Warrant #1
is not met. He also mentioned that Yarrow Street to the north is misaligned with
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the intersection of 44th and Yarrow on the south and that a signal here would
require an additional time cycle that would cause unacceptable delays along 44"
Avenue. Additionally, he discussed future improvements associated with the
Wadsworth widening project which would introduce improvements to 44th Avenue
that would make a signal at this location even less appropriate. He also discussed
Public Works desire to extend 42nd Avenue east from Yarrow to Wadsworth in the
future which would reduce some of the traffic at the 44th and Yarrow intersection.
Commissioner OHM asked whether the warrant justifies 42nd Avenue being
extended west to Ammons Street in order to relieve traffic during the 9 month
school year. He also asked about 42nd going east to Wadsworth.
Mr. Jefferies said there is currently not a plan for 42nd Avenue to extend to the
west, but there is discussion about 42nd Avenue going through to Wadsworth to the
east. He discussed that Public Works would most likely make this a requirement
if/when the parcels between Yarrow and Wadsworth are redeveloped.
Commissioner OHM asked about the drainage system for the site and whether
there is an existing storm system that the applicant can tie into.
Mr. Jefferies stated there is not, but historical drainage patterns will be maintained
and the detention basis is oversized which will reduce the runoff flows to levels
below those that previously existed when the greenhouse was in place.
Cameron Bertrand, 1145 Gaylord Street, Denver
EFG-Yarrow, LLC, Applicant
Mr. Bertrand gave a brief background of the two sites and an explanation about
how EFG came into this development. He explained that they are a brownfield
company and the soil contaminant remediation has been completed and is safe for
residential redevelopment. Mr. Bertrand confirmed that only townhomes are being
planned in the MU -N and that there are no commercial plans for that site. He also
explained the plan for the single family home and how it will never lose access or
utilities to it.
Commissioner VOS asked about the existing driveway and the new access to the
house.
Mr. Bertrand explained that once the northern ring road is developed then the new
driveway will be built and the existing one will be demolished. It is about the
order of operations.
Diane Chapman, Resident
4175 Yarrow Court
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Ms. Chapman stated she is glad to see the greenhouse is gone but is concerned with
the traffic in the future because it is bad right now and she would like to see a
traffic light at 44th and Yarrow or maybe speed bumps.
Mr. Jefferies said speed bumps would always be an option and added that once the
Wadsworth improvements are complete it should help with congestion on 44th and
Yarrow. The City Public Works department has a process for the request for speed
bumps on public local streets.
Jay Garcia, Thrive Homebuilders
1875 Lawrence, Denver
In response to a question from Commissioner VOS, Mr. Garcia explained that the
northern portion of the site will be developed ahead of the southern and the
ultimate buildout plan will be about 3 to 5 years.
Commissioner OHM asked about adding a right turn lane on Yarrow at 44'
Avenue. He mentioned that the cars turning left to go west on 44th Avenue can
back up traffic on Yarrow.
Mr. Jefferies said that might be an option and would have to be investigated to see
how much right-of-way exists at that intersection and if that configuration is
possible.
It was moved by Commissioner DORSEY and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WZ-17-08, a request for
approval of a zone change from Residential -Two (R-2) to Planned Residential
Development (PRD) with an Outline Development Plan for property located
at 7955 W. 42°d Avenue, for the following reasons:
1. The proposed zone change will promote the public health, safety, or
welfare of the community.
2. The proposed zone change is consistent with the goals and objectives
of the City's Comprehensive Plan and the Wadsworth Subarea Plan.
3. The zone change will promote redevelopment and revitalization of the
property and may serve as a catalyst for other property
redevelopment or improvements in the area.
4. The criteria used to evaluate a zone change support the request.
With the following condition:
1. All minor corrections occur prior to public hearing in front of City
Council.
Motion Carried 7-0
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It was moved by Commissioner BUCKNAM and seconded by Commissioner
LARSON to recommend APPROVAL of Case No. WZ-17-09, a request for
approval of a Specific Development Plan (SDP) for property located at 7955
W. 42i1 Avenue, for the following reasons:
1. The proposal is consistent with the purpose of a Planned
Development.
2. The proposal is in substantial compliance with the mixed use zoning
requirements.
3. The proposed site design and use are consistent with Outline
Development Plan.
4. All requirements for a Specific Development Plan have been met.
With the following conditions:
1. The final location, alignment and material of the proposed path to the
west across the single-family lot be subject to Staff approval.
2. The numbering of the plan set be resolved prior City Council public
hearing.
3. All minor corrections occur prior to public hearing in front of City
Council.
Motion Carried 7-0.
Case Nos. WS -17-05 & WS -17-06: Applications filed by EFG-Yarrow, LLC for
approval of a 73 -lot subdivision and a 17 -lot subdivision.
Ms. Reckert gave a short presentation regarding the subdivisions and the
applications. 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 PETERSON asked about the drainage design for this site as he
wants to be reassured the run-off will be handled.
Mr. Jefferies agreed there are a lot of impermeable surfaces proposed but it does
meet Urban Drainage's requirements and runoff flows should be reduced from the
previously greenhouse site. Mr. Jefferies mentioned that Public Works has had
mixed results with the use of permeable pavements in the area.
Commissioner VOS asked about the cover page of Ms. Reckert's report stating that
7995 W 42i1 Ave. is not Mixed Use -Neighborhood, but PRD pending.
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Ms. Reckert said the change will be made before the City Council public hearing.
Commissioner OHM asked about the detention basin releasing to the Yarrow Street
curb and gutter through a sidewalk chase and is concerned this will not work.
Mr. Jefferies explained that in a 100 -year storm, due to the lack of infrastructure,
the stormwater runoff will still inundate much of the road, but will be improved
upon slightly from the previous greenhouse site. He stated this development will
not make things worse than it was before.
Commissioner BUCKNAM asked about Tract B on the 1St plat between lots 5 and
6. He wondered what it is going to be.
Ms. Reckert said that will be a sidewalk in front of the units that will connect to
another sidewalk on the east, but it will not connect to Happiness Gardens.
It was moved by Commissioner VOS and seconded by Commissioner LEO to
recommend APPROVAL of Case No. WS -17-05, a request for approval of a
73 -lot subdivision plat for property located at 4255 Yarrow and 7955 W. 42nd
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.
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 Development Covenant be executed prior to recordation of the
subdivision plat.
3. The Developer shall pay parks fees at the time of SIA recording.
Motion carried 7-0.
It was moved by Commissioner DORSEY and seconded by Commissioner
BUCKNAM to recommend APPROVAL of Case No. WS -17-06, a request for
approval of a 17 -lot subdivision plat for property located at 7955 W. 42nd
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.
3. Utility districts can serve the property with improvements installed at the
developer's expense.
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8.
9.
With the following conditions:
1. All minor corrections occur prior to public hearing in front of City
Council.
2. A Development Covenant be executed prior to recordation of the
subdivision plat.
3. The developer shall pay parks fees at the time of SIA recording.
Motion carried 7-0.
OLD BUSINESS
NEW BUSINESS
A. Election of Officers
It was voted by secret ballot that Commissioner BUCKNAM become the next
Chair and Commissioner WEAVER become the next Vice Chair.
10. ADJOURNMENT
It was moved by Commissioner PETERSON and seconded by Commissioner
LARSON to adjourn the meeting at 9:24 p.m. Motion carried 7-0.
Planning Commission Minutes
May 17, 2018
Tammy Odean, ecording Secretary