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PLANNING COMMISSION
Minutes of Meeting
December 19, 2019
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent
Melissa Antol
Will Kerns
Daniel Larson
Janet Leo
Scott Ohm
Jahi Simbai
Vivian Vos
Richard Peterson
Staff Members Present: Lauren Mikulak, Planning Manager
Mark Westberg, Engineering Project Supervisor
Tammy Odean, Recording Secretary
PLEDGE OF ALLEGIANCE
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner SIMBAI and seconded by Commissioner VOS to
approve the order of the agenda. Motion carried 7-0.
APPROVAL OF MINUTES — October 17, 2019
It was moved by Commissioner LEO and seconded by Commissioner LARSON to
approve the minutes of October 17, 2019, as written. Motion carried 7-0.
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.
Planning Commission Minutes
December 19, 2019
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7. PUBLIC HEARING
A. Case No. WZ-19-08: An application filed by Jefferson County for approval of
initial zoning for the north half of 52"d Avenue between Ward Road and Tabor
Street currently in unincorporated Jefferson County and Proposed to be annexed
(case # ANX-19-01) by the City of Wheat Ridge.
Ms. Mikulak gave a short presentation regarding the zoning 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 what the outcome would be with construction if
Jeffco retained the roadway.
Ms. Mikulak said the challenge is the different street standards and right-of-way
permits and could make things complicated.
Commissioner ANTOL wanted clarification on the zone change in the middle of
the road and if this done only during an annexation case.
Ms. Mikulak explained that the zoning generally goes into the center of the road
and when land is annexed the zoning is not inherited and the City has 90 days by
state law to assign it zoning.
Commissioner LARSON inquired about the gaps that will not be going through the
zone change.
Ms. Mikulak mentioned that the 2 gaps belong to Arvada and the City will not be
annexing those segments in part because Arvada has an Urban Renewal District in
this area and if an Urban Renewal District is modified by removing boundary then
other issues are created.
Mr. Larson then asked why the zone change ordinance that went to City Council's
1St reading on December 9 states that Planning Commission approved the zone
change when and the Planning Commission meeting is on December 19.
Mr. Westberg mentioned that was an oversight and the December 19 date should
have been left blank.
Commissioner VOS asked why Wheat Ridge is being asked to annex the roadway
and asked about potential annexation of private property from Jeffco in the future.
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Ms. Mikulak explained there is no interest by the City to annex private property
and it seems logical to annex the northern have of the road since the City already
maintains the southern half of 52nd Avenue.
Commissioner VOS also asked if there are any cost figures.
Ms. Mikulak said this case is strictly about zoning, but the 52nd Avenue
improvements are being paid for with the 2E bond funds which can be found in the
2020 budget. Mr. Westberg added that the City of Arvada has offered to pay for
half of the improvements on 52nd Avenue.
Commissioner LEO asked if there is any negative impact related to this zone
change.
Ms. Mikulak said the City would be in violation of State law if there was no zone
change but there is no impact on the function or design of the roadway.
Commissioner KERNS asked if it is unorthodox to have the zoning go across
center line of the roadway and if the sidewalk on the northern side of the road will
be consistent.
Ms. Mikulak said no, not on a City boundary and yes there will be a continuous
sidewalk on the north side.
Commissioner OHM asked what the current zoning is for the Jeffco property and if
Arvada's Comprehensive Plan includes the unincorporated Jeffco area
Ms. Mikulak answered the City does not know to both questions.
Commissioner VOS then asked if there are any ramification if the City doesn't
know the answer to Commissioner OHM's questions.
Ms. Mikulak said no because a Comprehensive plan only addresses their
boundaries; Arvada potentially has a 3 -mile plan which will create a vision, but we
do not look at those for a roadway zone change.
It was moved by Commissioner LEO and seconded by Commissioner KERNS
to recommend APPROVAL of Case No. WZ-19-08, a request for approval of
zoning designation for two segments of W. 52nd Avenue to be zoned Industrial
Employment, Mixed Use -Commercial Transit Oriented Development, and
Mixed Use -Neighborhood, for the following reasons:
1. A zoning designation is required by state statute in association with the
proposed annexation.
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December 19, 2019
2. The proposed zoning will promote the public health, safety, or welfare
of the community and does not result in an adverse effect on the
surrounding area.
3. Utility and transportation infrastructure being improved subsequent to
the annexation and zoning.
4. The proposed zone change is consistent with the City's Comprehensive
Plan and subarea plan.
5. The zoning designation is appropriate and compatible with the
adjacent designations on private property.
Motion carried 7-0.
B. Case No. ZOA-19-05: An ordinance amending the Wheat Ridge Code of Laws to
amend references to the Public Works and Community Development Directors,
Departments, Divisions and Staff.
Ms. Mikulak gave a brief explanation for the reorganization and the ordinance.
Commissioner SIMBAI asked if the duties of the two Directors should be change
in the code as well.
Ms. Mikulak explained that it was changed by City Council in November, effective
immediately but the online Municipal Code takes a few months to get updated.
Commissioner SIMBAI also asked if the Planning Director is the same and
Community Development Director.
Ms. Mikulak said it is meant to refer to the same person and the title is being
corrected now.
Commissioner LARSON asked what the 3 divisions will be in the Community
Development Department.
Ms. Mikulak listed: Planning, Building and Engineering.
Commissioner LARSON also wanted to know the responsibilities of the Public
Works Department.
Ms. Mikulak explained the two division of Public Works will include Construction
and Operations. She added there will still be a lot of overlap with the Engineering
division assisting both Public Works and Community Development. Ms. Mikulak
said right-of-way permits will still be issued out of City Hall, but the organizational
chart will look different.
Mr. Westberg added that from a practical standpoint all the employees are still
doing their same jobs.
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December 19, 2019
Commissioner VOS asked about page 3 section 9 and why it just says Director
instead of Community Development Director.
Ms. Mikulak mentioned it makes it simpler to read and the preceding section
clarifies the reference.
Commissioner OHM asked about section 11 and why it says Director of Public
Works,
Ms. Mikulak said this relates to right-of-way permits so it is the Director of Public
Works will sign those because it is overseen by the Director of Public Works.
Commissioner LARSON asked what the next steps are.
Ms. Mikulak explained that the next steps include City Council hearing this case
on January 13 for 1St reading and January 27th for a Public Hearing.
It was moved by Commissioner ANTOL and seconded by Commissioner VOS
to recommend approval of the proposed ordinance amending the Wheat
Ridge Code of Laws to amend references to the public works and community
development directors, departments, division and staff.
Motion carried 7-0.
8. OLD BUSINESS
9. NEW BUSINESS
January 2, 2020 Planning Commissioner has been cancelled, but there will be
meetings on January 16 and February 6.
Commissioner LARSON asked if Wheat Ridge Speaks will be used by City
Council. Ms. Mikulak said yes, but only for cases that come from the Planning
Division. She also mentioned the commissioners will be getting more
information in January on how to access Wheat Ridge Speaks.
Commissioner OHM asked about the progress of the Wadsworth Widening
progress and if there is a start date. Mr. Westberg said a rough start date could be
Fall of 2020. Ms. Mikulak added that letters went out recently to property owners
from whom the City will have to purchase right-of-way, which will be every
property from 3 5th Avenue to I-70.
10. ADJOURNMENT
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It was moved by Commissioner VOS and seconded by Commissioner LEO to
adjourn the meetin at 8:00 p.m. Motion carried 7-0.
S hm, Chair Tammy Odea , Recording Secretary
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December 19, 2019