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City Of
`� Wheatdge
PLANNING COMMISSION
Minutes of Meeting
June 20, 2019
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM 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
Staff Members Present
PLEDGE OF ALLEGIANCE
Melissa Antol
Will Kerns
Daniel Larson
Janet Leo
Scott Ohm
Richard Peterson
Vivian Vos
Jahi Simbai
Lauren Mikulak, Planning Manager
Scott Cutler, Planner II
Jordan Jefferies, Civil Engineer II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner PETERSON and seconded by Commissioner LEO
to approve the order of the agenda. Motion carried 7-0.
APPROVAL OF MINUTES — June 6, 2019
It was moved by Commissioner VOS and seconded by Commissioner LARSON to
approve the minutes of June 6, 2019, as amended. Motion carried 6-0-1 with
Commissioner OHM abstaining.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
June 20, 2019
Terry Railton, Business Owner
4615 Simms St, Wheat Ridge
Mr. Railton is concerned about the congestion at 44th Avenue and would like to see a
traffic light installed at 44th Avenue and Tabor Street.
7. PUBLIC HEARING
A. Case Nos. WZ-18-19 & WS -18-03: two applications filed by Creekside Homes
for approval of a Specific Development Plan and major subdivision with right-of-way
dedication on property zoned Planned Residential Development (PRD) for the construction
of 26 townhomes located at 4440 Tabor Street.
Mr. Cutler gave a short presentation regarding the Specific Development Plan,
major subdivision with right-of-way (ROW) dedication 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.
Commissioner VOS wanted more information on the 4 foot bike lane that will be
on Tabor Street.
Mr. Jeffries and Ms. Mikulak explained the bike lane dedication will be on the east
side and will allow for a future widening of Tabor so that this segment of the road
could eventually mirror the segment north of the frontage road which has a bike
lane on both sides. The bike lane dedication will be there for when there is
sufficient Right -of -Way (ROW) on the full segment of Tabor to install a complete
bike lane.
Commissioner KERNS asked if the City charges a traffic impact fee for future
traffic lights.
Mr. Cutler said no and Mr. Jeffries added that due to developments in the area
traffic counts can be done at a future date, but this particular development will have
a negligible impact on Tabor Street and 44th Avenue.
Ms. Mikulak added that adoption of traffic impact fees is a policy question for City
Council members.
Commissioner OHM asked if the City has a minimum separation from trees to
waterline. He also wondered who is responsible if the tree roots break a water line.
Ms. Mikulak explained that the water district would set the requirement, but most
of the waterlines are not under the Streetscape; they are in the road or under the
sidewalk. She added that the developer is responsible for all the maintenance of
the landscaping.
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Commissioner OHM observed that he does not think the tree caliper meets the
streetscape regulations along Tabor Street.
Ms. Mikulak said that if the caliper is incorrect we can make that a condition of
approval.
Commissioner OHM also had concerns that the landscape design does not comply
with the Streetscape Manual in terms of height and spacing of trees.
Ms. Mikulak and Mr. Cutler explained that spacing and height can depend on the
species selection. Forestry staff does not have any concerns with the landscape
design.
Commissioner PETERSON asked if there is an easy access to the Clear Creek
Trail.
Commissioner OHM said that after crossing 44th Avenue the route would be
walking through Prospect Park.
Ms. Mikulak added that the question of how to connect the TOD area to the Clear
Creek Trail was the number one question from City Council and the community
after presenting the TOD vision plan. She said staff is aware of the importance of
making this connection. Ms. Mikulak also said there is an informal connection to
the Clear Creek Trail at the end of Tabor Street.
Commissioner VOS mentioned she has concerns about the traffic increasing in the
neighborhoods due to the developments and wants more consideration for the
residents in the neighborhoods.
Mr. Jefferies said the standard practice to calculate traffic is a very prescriptive
method and when analyzing this area, it does not warrant a traffic light. He added
that staff is waiting to see how the developments at the TOD station will affect the
volume. He reiterated that adding 16 trips from this development to the current
volume of traffic at the peak hour does not warrant a traffic light.
Ms. Mikulak said staff focuses on the peak hour times during traffic studies and
what the volume could be compared to the capacity of the roads.
Commissioner KERNS led a discussion about implementing traffic impact fees to
have development pay their way.
Ms. Mikulak reminded the Commission that the land use case in front of them is a
property that has the zoning in place which allows a certain density ,and she asked
them to focus on this subdivision and SDP for a use that is already permitted. She
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mentioned that traffic impact fees are a separate policy discussion that need to be
looked at independently from this land use case.
Commissioner OHM asked about the small amount of light spillage on the south
side of the property and asked about the applicable regulations.
Mr. Cutler explained that the 0.1 foot-candle reading is permitted; the code does
not require a reading of zero but requires that light be substantially cut off at the
perimeter. The reading also does not take into account there will be a fence or
landscaping around the perimeter.
Commissioner VOS asked how the real estate market data was collected to build
and sell 26 units and what the timeline is.
Stephen Sundberg, Applicant
9640 Chatfield, Littleton
Mr. Sundberg said thorough evaluations have been done, but he is not on the
marketing side of the business and cannot answer the data collection question. He
added that once construction begins he foresees the townhomes being done in 6 to
7 months starting with the first 3 buildings and the other buildings are governed by
sales.
Commissioner OHM said he thought the dog path is a great idea, but does not see it
connecting to the sidewalk.
Mr. Sundberg said there is not a direct connection, but residents can walk through a
common place to get to the dog path.
Commissioner OHM also asked about the proposed drainage swale on the south
side of the property and is concerned that the trees and shrubs that are proposed for
the middle of the site will impede drainage.
Mr. Sundberg believes it has been reviewed and is acceptable.
Commissioner OHM asked what the industry standard is for horizontal separation
of trees to waterlines.
Mr. Sundberg said he believes the separation is 5 to 7 feet.
Terry Railton, Business Owner
4615 Simms Street
Mr. Railton mentioned that he thinks a traffic study on the whole area needs to be
done. He also believes there needs to be traffic impact fees.
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Maxwell Marcum, Business Owner
6983 Seacrest Ct., Arvada
Mr. Marcum said that being 24 years of age he is excited about this development
because it is a product that he would need and want and is affordable, especially on
the west side of town. He cautioned that impact fees would raise the price of the
product and would be passed on to buyers or could devalue the land sale price.
Commissioner VOS asked about the 20 foot landscape buffer on the west side of
the "L" to buffer the southern units from the 4430 Tabor Street property to the
west.
Mr. Cutler explained that the ODP requires a 20 foot landscape buffer between
properties.
Commissioner VOS asked what guarantee the City has financially if these
townhomes are not sold.
Ms. Mikulak said we have not had that issue yet, but the City does plan for worst-
case scenarios using lot sale restriction covenants and subdivision improvement
agreements. These tools ensure financial guarantees for the construction of public
and on-site improvements and protect the City and homebuyers in case a project is
not completed.
It was moved by Commissioner LARSON and Seconded by Commissioner
LEO to APPROVE Case No. WZ-18-19, a request for approval of a Specific
Development Plan on property located at 4440 Tabor Street and zoned
Planned Residential Development (PRD), for the following reasons:
1. The specific development plan is consistent with the purpose of a
planned development, as stated in Section 26-301 of the City Code.
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.
4. All responding agencies have indicated they can serve the property
with improvements installed at the developer's expense.
5. The specific development plan is in substantial compliance with the
applicable standards set forth in the outline development plan and
with the City's adopted codes and policies.
Motion carried 6-0-1 with Commissioner VOS voting no.
Commissioner OHM wanted it noted for staff to look at the calipers of the trees
before building permits are pulled.
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Ms. Mikulak said she would make note of that.
It was moved by Commissioner LEO and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WS -18-03 as written, a
request for approval of a major subdivision with right-of-way dedication for
property zoned Planned Residential Development (PRD) located at 4440
Tabor Street for the following reasons:
1. All agencies can provide services to the property with improvements
installed at the developer's expense.
2. The plat will result in a logical layout consistent with the future
development proposed by the specific development plan and will
facilitate development consistent with the approved outline
development plan.
3. All requirements of the subdivision regulations (Article IV) of the
zoning and development code have been met.
With the following conditions:
1. Prior to recordation, the applicant shall pay the required fees -in -lieu
of parkland dedication.
2. The developer shall enter into a subdivision improvement agreement
and lot sale restriction covenant agreement prior to the recordation of
the subdivision plat.
3. Prior to -issuance of building permits, the developer shall provide
homeowner's association covenants for review and approval by staff.
Motion carried 6-0-1 with Commissioner VOS voting no.
8. OLD BUSINESS
9. NEW BUSINESS
Ms. Mikulak said there will be a follow-up training session for the Planning Commission
and she will send out a doodle poll to figure out good dates.
Commissioner OHM said there is some new criteria for landscapers not to create space
for homeless camps.
Ms. Mikulak mentioned that staff is aware of this and looking at it as well.
Commissioner ANTOL asked if the commissioners can propose some topics for the
follow-up training.
Ms. Mikulak said that is a great idea and to email her with topics to discuss.
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Commissioner VOS asked if the Commissioners can have their own study session
without staff.
Ms. Mikulak said no, any meeting of the Planning Commission needs to be a public
meeting which would be published and recorded and staff needs to be present. She added
that if Commissioners would like to meet individually with staff to ask questions that is
allowed.
Commissioner LARSON would like to get more procedural training.
Ms. Mikulak said that is a good idea as well.
10. ADJOURNMENT
It was moved by Commissioner VOS and seconded by Commissioner LEO to
adjourn the meeting at 8:13 p.m. Motion carried 7-0.
S hm, Chair
Planning Commission Minutes
June 20, 2019
Tammy Odeh , Recording Secretary
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