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PLANNING COMMISSION
Minutes of Meeting
September 5, 2019
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:02 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:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Will Kerns
Daniel Larson
Scott Ohm
Richard Peterson
Jahi Simbai
Vivian Vos
Melissa Antol
Janet Leo
Lauren Mikulak, Planning Manager
Stephanie Stevens, Senior Planner
Zareen Tasneem, Planner I
Jordan Jefferies, Civil Engineer 11
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner VOS and seconded by Commissioner KERNS to
approve the order of the agenda. Motion carried 7-0.
5. APPROVAL OF MINUTES — August 15, 2019
It was moved by Commissioner LARSON and seconded by Commissioner SIMBAI
to approve the minutes of August 15, 2019, as written. Motion carried 5-0-1 with
Commissioner VOS abstaining.
Planning Commission Minutes
September 5, 2019
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6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. MS -19-03: an application filed by BTM 37th LLC for approval of a
minor subdivision combining and splitting the lots located at 5890 and 5910 West
37th Place into 4 lots with 50 feet of frontage each.
Ms. Tasneem gave a short presentation regarding the minor 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 SIMBAI asked who decides where the fire hydrant is placed and
who pays for it.
Ms. Tasneem said the Fire Department will make the placement decision and the
Developer will pay for it.
Commissioner SIMBAI then asked if anyone lived in the two homes before they
were demolished.
Ms. Tasneem thought they had been vacant for some time.
Commissioner VOS inquired about any code violations.
Ms. Tasneem said she did not have any of those records. Ms. Mikulak added there
is no Code violation review for this case and mentioned that Code Enforcement
works on a complaint basis and this might be a question to ask the applicant.
Commissioner OHM asked if the historic document is what remains today with Lot
18 and Lot 10.
Ms. Mikulak explained that there was a period in time a Lot Line Adjustment was
exempted from the subdivision regulations and this current subdivision pre -dates
the City's incorporation in 1969. This proposed subdivision will clean up the title
and lot lines.
Brent Metz, Applicant
4134 Fenton Street, Wheat Ridge
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September 5, 2019
Mr. Metz explained that the previous owners demolished the homes to clean up the
properties and possibly develop the lots. He mentioned that once he purchased the
land he was going to start grading and it didn't happen so the weeds did become an
issue, which he apologized for and said it should not be an issue moving forward.
He also mentioned he had met some of the neighbors and is in good standings with
them.
Commissioner LARSON asked what the plan is moving forward.
Mr. Metz said he is going to finalize the plans and start to build 2 of the 4 homes
this year.
Kathryn Baldwin -Johnson, Resident
3735 Fenton Street
Ms. Baldwin -Johnson asked what the height of the buildings might be.
Ms. Mikulak said she could contact staff for that information.
Richard Lomax, Resident
5845 West 3711 Avenue
Mr. Lomax has concerns of drainage and would like to see concrete culverts for
run-off because he does not want flooding on his property.
Mr. Jefferies acknowledged the drainage concern and said all water will drain to
the street.
Judy Thornton, Resident
5905 West 37' Avenue
Ms. Thornton wondered what is going to happen with the existing 6 ft. fence and
has concerns about the current rodent issue and would like it taken care of.
Ms. Mikulak said any fence issues need to be handled between the property
owners.
Mr. Kerns asked if these will be townhomes or single family homes.
Ms. Tasneem mentioned that only single family homes are allowed in this zone
district.
It was moved by Commissioner VOS and seconded by Commissioner
PETERSON to APPROVE Case No. MS -19-03, a request for approval of a 4 -
lot subdivision on property zoned Residential -One C (R -1C) and located at
5890 and 5910 W. 37th Place, for the following reasons:
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September 5, 2019
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. Fees in lieu of parkland dedication shall be provided prior to
recording the plat.
2. The developer shall enter into a subdivision improvement agreement
with required security prior to recordation of the subdivision plat.
Motion passed 6-0.
B. Case No. WZ-19-01: an application filed by Evergreen -Clear Creek Crossing
Apartments LLC for approval of a Specific Development Plan for 310 multi -family
apartments in planning area 2 of Clear Creek Crossing on property zoned Planned
Mixed Use Development (PMUD).
Ms. Stevens gave a short presentation regarding the 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 asked about what will happen with the intersection at
32"d and Youngfield with the amount of increased traffic.
Ms. Mikulak mentioned the City worked with the Federal Highways
Administration to phase improvements and the traffic studies have shown that in a
mixed zone district the peak times for residential and commercial traffic is at
different times of the day. Ms. Stevens added that Exhibit 3 outlines the traffic
movement. Mr. Jefferies explained that a detailed traffic analysis was completed
in coordination with CDOT and there will be long-term and short-term
improvements that address traffic concerns.
Commissioner PETERSON asked how Clear Creek Drive will cross the creek in
the future.
Ms. Mikulak explained that if that connection is made, it will have to be a bridge
and that is why part of this development (north of the creek) will not happened
until the infrastructure is in place.
Commissioner PETERSON also speculated about the traffic impact on Clear Creek
Trail due to this development.
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September 5, 2019
Ms. Mikulak said there will be more users on the trail, but the City encourages that.
Commissioner PETERSON then asked with this being a large and the first phase to
be started project, how much does it limit other things in the big picture of this
development.
Ms. Mikulak said the City has been firm with the original intent and the regulatory
documents in terms of connectivity; this phase is consistent with those documents
and intent.
Commissioner SIMBAI asked about the site being exempted from the Charter's
density cap based on a 2009 ballot question.
Ms. Mikulak explained that the City's Charter has a residential height limit of 35
feet and a density of 21 units per acre, but the exempted areas are the Urban
Renewal Areas (URA) of I-70 and Kipling and the Wadsworth corridor. This
property in in the 1-70 URA.
Commissioner LARSON asked for more details to understand the secondary access
issue.
Ms. Stevens explained that a balance needed to be found between the City, Fire
Department and public safety. She said the secondary access is closer to the Clear
Creek Drive and 40th Avenue intersection than the City allows so there will be only
a right in and right out access.
Mr. Jefferies added that if there are left turns it could be very dangerous so the
condition of approval allows the City to look at options if cars do decide to turn
left.
Commissioner KERNS asked if the multi -use trail accesses the golf course.
Ms. Mikulak said the applicant can answer that question.
Commissioner KERNS also asked what the trail to the forebay is.
Mr. Jefferies mentioned it is maintenance access to the detention pond.
Commissioner KERNS was curious if the retaining wall will be planted.
Ms. Stevens said the retaining walls are not a part of this project, but added they
will be planted after the walls are permitted and constructed.
Commissioner OHM asked if there will be a cross access easement for this project.
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September 5, 2019
Ms. Stevens said it will basically follow the internal roadway network.
Commissioner OHM then asked about the missing pages from the SDP.
Ms. Stevens said those pages excluded from the packet are the zoomed in views of
the civil construction documents which are not required components of an SDP.
Staff was aware the packet would be large and decided to only include pages most
relevant to determine zoning compliance, but staff has reviewed all the sheets in
the SDP.
Commissioner OHM asked where the small piece of artificial turf will be located.
Ms. Stevens said it will be located at the Community Club House in the outdoor
game area and it will not be counted towards landscaped area which makes it
allowable.
Jeff Wikstrom of Evergreen -Clear Creek Crossing, LLC, Applicant
152 Willow Leaf Drive, Littleton
Mr. Wikstrom said it has been great working with staff and gave a brief
presentation about the history and vision for Clear Creek Crossing and added that
Evergreen Devco has been in the multi -family business since 2010.
Commissioner VOS asked about the access to the overlook is just for the renters
and/or the public.
Mr. Wikstrom said primarily for the renters, but not limited.
Commissioner VOS was curious about the rental rates and if there will be
playgrounds for kids.
Mr. Wikstrom mentioned the rents will be under $1800/month which will include
everything except utilities. He added that the apartments will be 1 to 2 bedrooms
making the demographics mostly adults, but kids are definitely welcome.
Commissioner VOS asked if there will be accessible parking.
Mr. Wikstrom said yes, required and there will be elevators to access the
apartments. He added there will also be places to park bikes.
Commissioner VOS asked if there is access to the Clear Creek Trail.
Mr. Wikstrom said there will be internal sidewalks that will lead to the access to
Clear Creek Trail.
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September 5, 2019
Commissioner VOS also wanted confirmation that environmental safety issues will
be taken into consideration when construction begins.
Mr. Wikstrom said yes everything has been taken into consideration so it does not
go into storm water systems before the landscaping is in place.
Commissioner KERNS main concern is the amount of people adding to noise and
vibration with respect to air quality.
Mr. Wikstrom said that per the Federal Housing Standard the number of noise
decimals is looked at and every standard is being met. He added it helps that the
site is on the farthest west side of the property away from the Highway.
Commissioner LARSON asked what the property to the east of the multi -family is
going to be and is there concern for runoff if it is not developed before the multi-
family site.
Ms. Stevens said it will be the SCL hospital site and we anticipate plans for that
site in a year or two. Mr. Jefferies added the SCL site has been stabilized and storm
water should not be an issue.
There was then more discussion about connectivity to the Clear Creek Trail and the
landscaping from the site blending into the natural part of the detention ponds on
the way to the Clear Creek Trail.
Commissioner OHM asked for the reasoning behind placing the mailboxes at the
clubhouse.
Mr. Wikstrom said it is a visible area and also the leasing office, he mentioned not
all people will park at the clubhouse, but walk from their apartments so there will
not be as much vehicle congestion.
Commissioner OHM asked about safety for workers being on top of the retaining
wall and watering when there is no railing and wondered if there could be more
tiers to the wall.
Mr. Wikstrom acknowledged the safety concerns and said the wall will still be the
same height and mentioned they are unobtrusive and if more tiers were added it
would push into the detention are.
Commissioner OHM asked what the horizontal shade is of the long buildings and if
the native grasses will survive in the shade.
Mr. Wikstrom said there is 60 feet between the northern buildings which is called
meaningful space to allow for light.
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September 5, 2019
Ms. Mikulak added that the City has a landscape program and will work with the
owner to make sure the landscaping is kept up.
Jared Carlon, Norris Design
1101 Bannock Street, Denver
Mr. Carlin said he looked at the entire planting plan and made sure the correct
species were used depending on solar orientation. He added the 5 -foot cobble zone
is used to protect the foundations of the buildings.
Commissioner OHM said it looks like there are some trees in easements and above
storm pipes and wondered if there were still a sufficient amount of trees on the site
if the others are removed. He also mentioned he would like to see large canopy
trees at the bottom of the retaining wall.
Mr. Carlin said yes they will make sure there are the right amount of trees and will
work closely with the City to place the trees.
Commissioner OHM asked if there will be wayfinding signs.
Mr. Wikstrom said yes that will be part of a Master Sign Plan.
It was moved by Commissioner SIMBAI and seconded by Commissioner
Peterson to APPROVE Case No. WZ-19-01, a request for approval of a
Specific Development Plan for the construction of a 310 -unit multi -family
apartment project on property located within Planning Area 2 of Clear Creek
Crossing, 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 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.
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 design manuals.
With the following conditions:
1. The technical corrections requested by Planning and Public Works
related to labels, notes, and typos shall be addressed prior to SDP
recording and prior to issuance of any building permit.
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September 5, 2019
8.
9.
2. An agreement for the off-site secondary access shall be recorded by
separate document prior to recordation of the SDP. The agreement
shall include the PA 1 and PA 2 property owners, shall address the
phasing, timing, and obligation of the access, and shall be subject to
approval by the West Metro Fire Protection District, City of Wheat
Ridge Public Works Director, and City of Wheat Ridge Community
Development Director.
3. If, upon build -out of the subject site, the interim secondary access is
found to be inadequate and/or to pose significant safety concerns, the
City may require completion of the permanent loop road, or another
alternative secondary access to be approved by Public Works, at the
discretion of the Public Works Director.
4. Agreement between the property owner and Longs Peak Metro
District shall be recorded by separate document prior to issuance of
any building permit. The agreement shall set forth construction,
ownership, and maintenance provisions for the retaining walls.
Motion passed 6-0.
OLD BUSINESS
NEW BUSINESS
Ms. Mikulak mentioned there will be no 2nd meeting in September and will see the
Commissioners on October 3 for a discussion and training.
Commissioner LARSON said he would like to see a few suggested topics for training in
the agenda packet.
Ms. Mikulak asked for the Commissioners to email her if there are any specific topics
they would like to see in training.
10. ADJOURNMENT
It was moved by Commissioner KERNS and seconded by Commissioner SIMBAI to
adjourn the meeting at 9:10 p.m. Motion carried 6-0.
f..
Scott Ohm, Chair
Planning Commission Minutes
September 5, 2019
--1 n)C.,
Tammy Ode , ecording Secretary