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HomeMy WebLinkAbout07-18-191. 2. 3. 4. 5. 11 r City of WheatP,idge PLANNING COMMISSION Minutes of Meeting July 18, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:07 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent Melissa Antol Daniel Larson Janet Leo Scott Ohm Jahi Simbai Will Kerns Vivian Vos Richard Peterson Staff Members Present: Lauren Mikulak, Planning Manager Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner ANTOL and seconded by Commissioner LARSON to approve the order of the agenda. Motion carried 7-0. APPROVAL OF MINUTES — June 20, 2019 It was moved by Commissioner LEO and seconded by Commissioner ANTOL to approve the minutes of June 20, 2019, as amended. Motion carried 6-0-1 with Commissioner SIMBAI abstaining. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes July 18, 2019 -1— No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS -19-01: an application filed by Riverside Terrace, LLC for approval of a Major Subdivision for property zoned Residential -Three (R-3) to allow for 18 single-family townhome units located at 11661 W. 44th Avenue. Ms. Mikulak gave a short explanation regarding the continuation of this case. She said the public hearing was opened on June 6, 2019 and mentioned that 7 of the 8 commissioners were present, all but Commissioner OHM. She wanted to confirm his eligibility to participate in the hearing and asked him if he had read the Staff report, reviewed the tape and read the minutes from June 6. Commissioner OHM confirmed he had done all 3 items. Ms. Mikulak reminded the Commission that on June 6 they requested to review the adjacent project first and requested additional traffic analysis from the applicant, which is included in the agenda packet. She added that staff had reviewed the traffic analysis and concluded a turn lane is not warranted on 44th Avenue and staff is recommending approval of this subdivision. Commissioner VOS asked for an explanation of a Subdivision Improvement Agreement (SIA). Ms. Mikulak explained that a SIA is a document that both the City and Developer sign and obligates the developer to construct certain public improvements, both in the Right -of -Way and those that are on site and necessary for the townhomes to be built. It also includes provisions for financial guarantees. She also explained that the Lot Sale Restriction Covenant is used for townhome projects and it states a townhome cannot be conveyed until all public improvements are complete. Commissioner VOS also asked how the HOA requirements are met. Ms. Mikulak said the HOA document is reviewed, but only minimally by staff. The HOA owns the land so staff make sure the obligation to maintain the common space is met. Commissioner VOS asked how a neighborhood traffic study can be done. Ms. Mikulak said that staff can request a study to see what is going on in a case by case and location by location basis. Commissioner OHM asked if the fire access has been resolved. Ms. Mikulak explained there will be an easement that will be recorded and is a condition of approval and will be noted on the Planned Building Group documents. Sharon Vallar, Resident Planning Commission Minutes -2— July 2— July 18, 2019 11641 West 44t1 Avenue Ms. Vallar lives next to this property and is concerned that construction vibration could crack her backyard cement. She also said she would like to know the height of the townhomes. Stephen Sundberg, Applicant 9640 West Chatfield Avenue, Littleton Mr. Sundberg said there is no guarantee that there will be no construction vibration, but a letter will be sent out to neighbors with his contact information and Ms. Vallar can reach out to him at any time with any concerns. Ms. Mikulak added that this project is in the Residential -Three (R-3) zone district and the height limit is 35 feet, but does not think this project will maximize that. Commissioner VOS then asked what the criteria is for the marketing strategy to confirm the townhomes will be sold. Mr. Sundberg said that a due diligence period is done at the beginning of the project. The group that works on this finds out a good asking price for the land, which is also done through the pre -application process with staff. Commissioner VOS also asked if an owner can rent their townhome. Mr. Sundberg explained the owner is not allowed to rent for the first year of ownership, then there is no requirement. It was moved by Commissioner LARSON and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS -19-01, a request for approval of a major subdivision on property located at 11661 W. 44" Avenue, for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer's expense. 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 improvements agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. Planning Commission Minutes -3— July 3— July 18, 2019 3. Prior to issuance of building permits, the developer shall provide homeowner's association covenants for review and approval by staff. 4. An emergency access easement to allow the subdivision to function independently in the event that the adjacent parcel is not developed shall be recorded by separate instrument prior to the recordation of the subdivision plat. Motion carried 6-1 with Commissioner VOS voting against. 8. OLD BUSINESS 9. NEW BUSINESS Ms. Mikulak gave a couple of updates: The August 1 meeting has been cancelled, but there will be items on the agenda for the August 15 meeting. Training for Commissioners at the October 3 meeting 10. ADJOURNMENT It was moved by Commissioner KERNS and seconded by Commissioner LEO to adjourn the meeting at 7:33 p.m. Motion carried 6-0. Sc hm, Chair Tammy Ode ecording Secretary Planning Commission Minutes -4— July 4— July 18, 2019