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PLANNING COMMISSION
Minutes of Meeting
September 20, 2018
CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:00 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:
Staff Members Present
PLEDGE OF ALLEGIANCE
Alan Bucknam
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 — July 19, 2018
It was moved by Commissioner OHM and seconded by Commissioner LEO to
approve the minutes of July 19, 2018, as written. Motion carried 5-0-2 with
Commissioners PETERSON and VOS abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
September 20, 2018
- 1 —
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case Nos. WZ-18-03 and WZ-18-04: an application filed by Kipling Village,
LLC for approval of an Outline Development Plan and a Specific Development
Plan to allow more flexibility for the permitted uses and to increase the maximum
units allowed for property located at 4635 & 4665 Kipling Street.
Mr. Wallace Mendez gave a short presentation regarding the Outline Development
Plan (ODP) and a Specific Development Plan (SDP), the permitted uses, maximum
units allowed and the application. 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. Mr. Wallace
Mendez also handed out a revised suggested motion page to the Commissioners.
Commissioner PETERSON asked about page 2 of the ODP; he wanted
clarification about the current number of units in Blocks 1, 3, 5 & 7.
Mr. Wallace Mendez thought there are currently 30 units, but would like to defer
that question to the applicant.
Commissioner PETERSON also asked about the legalizing of 4 illegal apartments
and number of units that were talked about at the neighborhood meeting.
Mr. Wallace Mendez explained that there were in fact some units within Blocks 9
and 10, where residential units are not currently permitted. The units have existed
for some time, and were not installed by the current owner. The property owner has
worked with Staff to find a solution to remedy the situation, which is proposing to
modify the ODP. Regarding the neighborhood meeting, he added that the
neighborhood meeting occurred some time ago before these updated development
plans were drafted. So yes, there is a difference between the estimated number of
units during the neighborhood meeting and the actual number that can reasonably
fit within those buildings, which is shown on the proposed ODP being considered
tonight.
Commissioner OHM asked what the current City Code is for a freestanding signs
and if the Kipling Village sign meets the current setback.
Mr. Wallace Mendez said the City's standard Sign Code regulates setbacks based
on the height of the sign; a sign under 7 feet has a minimum setback of 5 feet.
After an explanation of the 1969 ODP sign requirements, Mr. Wallace Mendez
added that while the sign does not meet the requirements of the 1969 development
plan, it does meet the current City Code sign setbacks.
Planning Commission Minutes -2—
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September 20, 2018
Commissioner OHM also asked about the nomenclature of Kipling Village as
opposed to Camelot Club Apartments and wondered why the name on the ODP
and SDP was not changed to Kipling Village.
Mr. Wallace Mendez said he didn't have an answer, as the name was sufficient for
Staff's purposes it was not focused on for any length of time during Staff review.
He added that the question should be deferred to the applicant.
Commissioner OHM inquired about the use "household pets."
Mr. Wallace Mendez explained it means that household pets are allowed; in the
City Code it is listed as an accessory use to residential uses, so the applicant just
took that right from the Code.
Commissioner OHM asked if future accessory structures have to follow the ODP
architectural standards or the City's Architectural and Site Design Manual.
Mr. Wallace Mendez said that Kipling Village would have to follow the
architectural standards established by the ODP, which are written so that any future
structures will match the existing buildings.
Commissioner OHM asked about the parking lot that abuts the west property line
and wondered if it will be possible to plant anything in the 5 -foot setback if an
accessory structure is built there. He asked the question because he thought this
was a buffer zone.
Mr. Wallace Mendez said the asphalt will be going up to the property line so there
will be no room to plant anything.
Ms. Reckert added that a typical landscape buffer is not required on this property
Commissioner VOS asked about what accessory structures could be built, and what
was the current height allowed.
Mr. Wallace Mendez said there currently are no accessory structures, but if one
was to be built it could be a carport or shed and the height limit proposed in Staff's
recommended conditions of approval is 15 feet; currently the height limit from the
1969 ODP limits the height of buildings to 35 feet, which would apply to accessory
structures as well.
Commissioner VOS wanted clarification about condition number 3 on the
suggested motion and if apartment uses is being added. She also wanted to know
the definition of recreation use.
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September 20, 2018
Mr. Wallace Mendez said condition number 3 was meant to remove a proposed
permitted use for Blocks 9 thru 10, which are listed on page 2 of the ODP. The
proposed use refers back to the City's commercial zone district use chart, which
Staff feels is too broad. He also confirmed residential uses will be added to the list.
He also explained that recreation uses could be a gym or a room that can be rented
out for parties by the residents.
Commissioner BUCKNAM asked about the page 1 of the SDP and wondered if
there will be bicycle parking and if it is flexible on where it is located.
Mr. Wallace Mendez said there will be bicycle parking it just isn't shown on the
SDP.
Kristina Sorecy, applicant
4665 Kipling Street
Ms. Sorecy explained her company took over ownership of Kipling Village in June
of 2006 and there was heavy crime activity and the housing was substandard. They
have completed many updates to the property, such as improvement to the exteriors
of the buildings and the Kipling streetscape project. She explained that in October
of 2016 there was a fire in Block 10 and it was at that point in time they learned
Blocks 9 and 10 were not zoned for residential uses, though they had been used
residentially since before they purchased the property. It is important to the
management team to get those buildings occupied so transients would not be
attracted to them.
Commissioner VOS asked for a description of the buildings currently.
Ms. Sorecy explained that Block 10 has three levels and currently on the top level
has two units, as does the garden level. The rest of the building has been vacant for
7 to 8 years. Block 9 is two levels, and is the location of the leasing office with
two units above it.
Commissioner LARSON asked if the intent is to make Block 10 entirely
residential.
Ms. Sorecy said 1 or two units might be added but potentially some of the areas
could be for a commercial business and fitness center.
Commissioner BUCKNAM asked if there is currently bicycle parking on the
property and if so will they remain.
Ms. Sorecy said yes behind Block 9 and by the two pools there is bicycle parking
and they will remain.
Planning Commission Minutes -4—
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September 20, 2018
Commissioner LEO asked if there is any Section 8 housing currently at the
complex.
Ms. Sorecy said the previous owner allowed a combination of Section 8 and
conventional tenants. Currently there are two units that are Section 8 occupied, as
those tenants were living on the property before it was purchased by the current
owner in2006, they are essentially a `grandfathered' status. New Section 8 tenants
are not accepted on the property, it is all conventional rentals.
Commissioner PETERSON asked in the suggested motion if condition number 1
could read a maximum of 234.
Commissioner OHM also wanted to thank staff for revising some of the conditions
prior to the meeting.
It was moved by Commissioner LEO and seconded by Commissioner OHM to
recommend APPROVAL of Case No. WZ-18-03, a request for approval of an
Outline Development Plan on property zoned Planned Residential
Development located at 4635 Kipling 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 development is not feasibly under any other zone district, and has
been zoned as a Planned Residential Development for nearly 50 years.
3. All responding agencies have indicated they can serve the property
with improvements installed at the developers' expense.
4. The change of zone is in conformance with Envision Wheat Ridge.
5. A change of character along the Kipling Corridor has occurred since
the property was entitled in 1969, and it is in the public interest to
encourage investment in the property by allowing for flexibility in the
uses along Kipling Street.
And with the following conditions:
1. The total number of units on page 2 of the ODP be revised to a
maximum of 234, as is reflected in the site plan on the same page.
2. The accessory structure height be modified to 15 feet on both the ODP
and the SDP.
3. Remove "Uses that are similar to those listed, per Section 26-204 of
the Municipal Code" from the allowed uses for Block 9-10 on the
ODP.
Motion carried 7-0.
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September 20, 2018
It was moved by Commissioner OHM and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WZ-18-04, a request for
approval of a Specific Development Plan on property zoned Planned
Residential Development located at 4635 Kipling Street, for the following
reasons:
1. The Speck development plan is consistent with the purpose of a
planned development, as stated in Section 26-301 of the Code of Laws.
2. The specific development plan is consistent with the intent and purpose
of the outline development plan.
3. The proposed uses are consistent with those approved by the outline
development plan, and will allow for continued investment in the
property.
4. All responding agencies have indicated they can serve the property
with improvements installed at the developers' expense.
5. The specific development plan is in substantial compliance with the
applicable standards set forth in the outline development plan
And with the followine conditions:
4. The total number of units on page 2 of the ODP be revised to a
maximum of 234, as is reflected in the site plan on the same page.
5. The accessory structure height be modified to 15 feet on both the ODP
and the SDP.
6. Remove "Uses that are similar to those listed, per Section 26-204 of
the Municipal Code" from the allowed uses for Block 9-10 on the
ODP.
Motion carried 7-0
B. Case No. WS -17-03: an application filed by Slawomir Golabek for approval of an
11 -lot subdivision for townhomes for property located at 10590 West — 40
Avenue.
Ms. Reckert gave a short presentation regarding the major 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 if the height limit in the MU -N zone district is 50 feet.
Ms. Reckert confirmed the height in MU -N can be 50 feet, but if the use is
residential then the height is limited to 35 feet, which can be 3 stories.
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September 20, 2018
Commissioner VOS inquired about Tract B and if it is going to be an in and out
drive.
Ms. Reckert confirmed it will be in and out on Moore Street because there is no
access to the east.
Commissioner VOS also asked that substandard sidewalk to be defined.
Ms. Reckert explained that the existing public improvements along W. 44th Avenue
are substandard there is curb/gutter with a 5 -foot detached sidewalk; current
standards are curb/gutter with a 6 -foot amenity zone and a 6 -foot sidewalk. Ms.
Reckert added that because the improvements on either side are non -conforming
Public works asking for fees in lieu of construction so they can do a bigger project
when more funds are accumulated.
Commissioner DORSEY asked what size the sidewalk will be on Moore Street.
Ms. Reckert said it will be 5 feet because it is a local street..
Commissioner OHM asked what the 3 -foot measurement on the plat is for and if it
is going to be sidewalk.
Ms. Reckert said that it is a 3 -foot right-of-way dedication that was dedicated in
1986. Staff is recommending a condition that adds the reception number for the
dedication on the plat graphic.
Commissioner OHM asked if the proposed sidewalk on Moore Street will connect
to the existing sidewalk on 44th Avenue.
Mr. Reckert confirmed the sidewalks will connect.
Slawomir Golabek, Applicant
5745 S Andes Street, Aurora
Mr. Golabek mentioned he has owned the said property for 3 years and is looking
forward to developing it.
There were no questions for the applicant.
It was moved by Commissioner OHM and seconded by Commissioner
DORSEY to recommend APPROVAL of Case No. WS -17-03, a request for
approval of an 11 -lot subdivision plat for property located at 10590 W. 44th
Avenue, for the following reasons:
1. All requirements of the Subdivision Regulations have been met.
2. The plat is consistent with zoning on the property.
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September 20, 2018
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3. Utility districts can serve the property with improvements installed at
the developer's expense.
With the following conditions:
1. A note should be added to the previous right-of-way dedication for 44th
Avenue with the reception number of the dedication.
2. A Subdivision Improvement Agreement shall 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 $27,470.19.
4. The Homeowners' Association covenants shall be reviewed and
approved by Staff prior to issuance of a building permit.
Motion carried 7-0.
OLD BUSINESS
NEW BUSINESS
A. Save the Date: October 16, 2018 Boards and Commissions Appreciation Dinner
Ms. Odean reminded the Commissioners to RSVP to the City Clerk's Office as
soon as possible.
B. Save the Date: November 5, 2018 NRS Update Joint Session with City Council
Mr. Wallace Mendez gave a little background on the NRS and encouraged the
Commissioners to attend.
10. ADJOURNMENT
It was moved by Commissioner DORSEY and seconded by Commissioner VOS to
adjourn the meeting at 8:22 p.m. Motion carried 7-0.
Planning Commission Minutes
September 20, 2018
Tammy Odeaii; Ocording Secretary