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PLANNING COMMISSION
Minutes of Meeting
February 6, 2020
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 29th 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
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
LARSON to approve the order of the agenda. Motion carried 6-0.
APPROVAL OF MINUTES — January 16, 2020
It was moved by Commissioner VOS and seconded by Commissioner PETERSON
to approve the minutes of January 16, 2020, as written. Motion carried 6-0.
PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Planning Commission Minutes
February 6, 2019
-1—
No one wished to speak at this time.
7. PUBLIC HEARING
A. Case No. WZ-19-07: an application filed by A&K Investments for approval of a
zone change from Residential -One (R-1) to Planned Residential Development with
approval of an Outline Development Plan (ODP) for the development of four
single-family homes and three duplexes for the property located at 9800 West 38th
Avenue.
Mr. Cutler gave a short presentation regarding the zone change 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.
In response to Commissioner VOS' inquiries regarding the two other developments
in the area, Mr. Cutler explained both are just west of Kipling. One will be a small
commercial building near Starbucks and the other will be 4 duplexes equaling 8
units just west of the dental office.
Commissioner VOS also asked what the improvements to Kipling Street will
consist of.
Mr. Jeffries explained that a 2nd turn lane will be added to both eastbound and
westbound 38th Avenue. He mentioned the City is hoping to start construction on
this project this coming summer with completion by the end of 2020. He said this
should alleviate turning delays and backups in the area.
In response to Commissioner OHM'S concerns about the alley design, Mr. Jeffries
said that unless there is a compelling reason or high volume to warrant a right-
in/right-out, it will stay full movement. He also explained the distribution of cars
to both 38th Avenue and Johnson Street is better than all traffic going to one street
or the other. Ms. Mikulak added that Fire prefers two points of access.
Commissioner OHM also asked why the alley has a sidewalk.
Mr. Cutler clarified that it serves as an alley to access the duplexes, but is also the
front yards to the single family homes and is a way for guests walking from the
parking area to the front doors of the homes.
In response to concerns of sight distance, topography, and detention maintenance,
Ms. Mikulak mentioned this will be looked at during the design or SDP phase of
the project.
Commissioner KERNS inquired why there are 4 parking spaces on the property.
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Mr. Cutler explained that it is a result of comments from the Neighborhood
Meeting to ensure there is enough on-site/off-street parking.
Ardalan & Kim Hardi, applicant
10240 West 3411 Place, Wheat Ridge
Mr. & Mrs. Hardi gave a brief explanation of their history in the Wheat Ridge area
and said they would like to build a nice community that they could also live in in
the near future.
Christine Simcox, Architect
11103 San Juan Range Road, Littleton
Ms. Simcox gave a brief presentation mentioning that adjustments to the project
had been made in response to the community's concerns at the neighborhood
meeting. She said that reducing the density, the type of dwelling units and height
have all been changed. She also showed conceptual drawings.
In response to traffic concerns and the slope of the drive on the West 381h Avenue
side Mr. Cutler mentioned there was an engineering traffic analysis done which
includes the numbers for this development. Mr. Jefferies added the slope of the
drive will be looked at during the development phase and mentioned CDOT limits
slopes to 10% and the city likes to see about 8-9%. Ms. Mikulak added that storm
water runoff will also be looked at during the SDP phase and confirmed this is a
buildable lot, but these types of design details will be looked at during a later phase
after zoning is established.
Mr. Hardi addressed questions about the changes made to this development and
said the community didn't like the height of the proposed townhomes and did not
want townhomes built on this property. He mentioned they reduced the total
number of units from 12 to 10, substituted duplexes instead of townhomes and
reduced the height of all the buildings.
In response to questions about the size of the single family home driveways and if
there is enough room to park cars on them, Ms. Simcox explained these are
conceptual drawings and details will be finalized later and different designs can be
made to accommodate parking, she also reminded the Commissioners there are 4
spaces for parking on site and also parking on Johnson Street. The zoning
establishes minimum on-site parking requirements.
Commissioner VOS asked why the 2 end units on the duplexes are 3 stories and if
they will block the view of the neighbors to the east of this development.
Mr. Hardi explained that because the end units are not as wide they added another
story to get the space needed to complete the unit. Ms. Simcox added it gives
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variety to the look. Mr. Hardi described the grade changes in the area. The subject
site is lower than the neighborhood to the east which is higher in elevation.
Guy Stanfield, resident
9870 West 37t1 Avenue
Mr. Stanfield appreciated the concessions that were made from the neighborhood
meeting. His concerns with the development are potential traffic and parking
issues.
Suzanne Stanfield, resident
9870 West 37t1 Avenue
Ms. Stanfield fears other properties in the neighborhood will be rezoned if this one
is approved. Her concerns are also traffic and parking in the area.
Becky Lewthwaite, resident
9860 West 3711 Avenue
Ms. Lewthwaite said the applicants seem very nice and would love to have them as
neighbors and thanked them for listening to the neighbors at the neighborhood
meeting. Her concerns are parking and traffic as well.
Margaret Nelson, resident
9865 West 3711 Avenue
Ms. Nelson moved to this area because there was no high density zoning and that is
her concern. She mentioned she would like to see R-2 zoning.
Celaine Novak, resident
9795 West 38t1 Avenue
Ms. Novak has concerns about traffic and the shadowing from the buildings onto
the 381h Avenue sidewalks which will create ice.
Carol Matthews, resident
3851 Hoyt Street
Ms. Matthew's concerns relate to the density of the PRD and potential for more
rentals. She also has concerns about parking and traffic.
Odarka Figlus, resident
10580 W 44t1 Avenue
Ms. Figlus is concerned that the development is not in keeping with the purpose of
a PRD or the Comprehensive Plan. She also had concerns with parking and traffic.
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Mark Doody, resident
3460 Independence Court
Mr. Doody has lived in the area for 25 years and there has been not many changes
and that is why he likes it here. He mentioned the duplexes on Iris and does not
want to see the same thing here. Mr. Doody thinks the property would be better
subdivided with 4 single family homes built.
Ihor Figlus, resident
9775 West 36 Avenue
Mr. Figlus' concerns are the setbacks between the duplexes, and he feels this
development is out of character for the neighborhood. He would like to see no
more than 4 units on this property and feels the property values will drop in the
area.
Chair OHM requested that staff respond to the concerns raised. Ms. Mikulak
explained that the purpose of this meeting is to focus on the zoning as it is
proposed, and not the merits of other zoning options. She also mentioned that the
Comprehensive Plan calls for diversifying the housing stock which would give
buyers more options for starter homes and different size properties for people who
cannot maintain large pieces of land. She added that the Comp Plan also calls for
investing and developing vacant properties on primary corridors. Ms. Mikulak
clarified that the Comp Plan does not call for zone changes of established
neighborhoods, so there should not be a domino effect of zone changes in the area.
Ms. Mikulak agreed this development would be more dense than the R-1 to the
south, but similar in density to the Iris Court development to the east. She also said
it is very common for communities to have something slightly more dense on a
busier corridor such as 38th Avenue. She also mentioned that the City cannot
control rentals based on the Federal Fair Housing Law.
Commissioner VOS remembered a similar case for this property being heard by
Planning Commission and City Council and wondered why is failed.
Ms. Mikulak explained it failed to be approved by City Council because there was
a legal protest filed against it which requires a super majority vote; the case
received 5 positive votes, but need 6 positive votes to be approved.
It was moved by Commissioner KERNS and seconded by Commissioner
LARSON to recommend APPROVAL of Case No. WZ-19-07, a request for
approval of a zone change from Residential -One (R-1) to Planned Residential
Development (PRD) with an Outline Development Plan (ODP) for property
located at 9800 W. 38th Avenue, for the following reasons:
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February 6, 2019
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 proposed zone change is consistent with the goals and objectives
of the City's Comprehensive Plan.
3. The proposed zoning, and land use are consistent with the intent of a
planned development, compatible with surrounding land uses, and
will result in a high-quality development.
4. The infrastructure in the area can support the development.
5. The criteria used to evaluate a zone change support the request.
6. The proposed density is less than half the allowed density for that
zone district.
A friendly amendment by Commissioner PETERSON was accepted by
Commissioners KERNS and LARSON to drop the word density from reason
number 3 and added reason number 6.
During discussion, Commissioner KERNS expressed support for the project given
the walking distance to amenities such as the school, grocery store, park, and
recreation center.
Commissioner SIMBAI expressed concerns regarding traffic and parking.
Commissioner OHM observed that the density appeared to be an appropriate
transition.
Commissioner OHM, LARSON and KERNS would like staff and the applicant to
look at the driveways, sight distance, and grade of the alley near 38th Avenue, and
shadow and icing issues during the design phase.
Motion carries 4-2 with Commissioners SIMBAI and VOS voting against.
B. Case No. WZ-19-05 & WA -19-05: an application filed by Real E Solutions, LLC
and Point Consulting, LLC for approval of a Specific Development Plan (SDP) and
Variance on property zoned Planned Commercial Development (PCD) for the
construction of a 7,000 square foot office/warehouse building for the property
zoned Planned Commercial Development (PCD) and located at 12060 West 52°a
Avenue.
Mr. Cutler gave a short presentation regarding the SDP, Variance 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.
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February 6, 2019
Commissioner SIMBAI wanted confirmed that the ODP had not expired given that
it was approved some time ago.
Ms. Mikulak explained that ODP's do not expire and once zoning is approved it
exists in perpetuity.
Commissioner LARSON wanted clarification of the original ODP and restrictions
to the office space.
Mr. Cutler and Ms. Mikulak explained the office/warehouse percentages in the
ODP, in the current City Code, and some of the conflicts that appear when
comparing the first and second sheets of the ODP.
Commissioner VOS wanted build -to requirements explained along with the
parking requirements.
Mr. Cutler said City Code requires buildings to be closer to the street so the
entrances are closer to the street and the parking is located to the side or rear nad is
less visible to enhance the streetscape. He also explained that the proposed
amount of parking exceeds City Code for industrial buildings.
In response to a question from Commissioner OHM there was discussion over the
merits of curbing and landscaping between the shop bays on the west side.
Commissioner OHM asked if there will be light spillage north of the property line.
Mr. Cutler explained that on the north side of the property 52nd Avenue is getting
an upgrade as part of a City project and there will be light there as well. He also
mentioned that the lighting on the west is existing. Staff confirmed illumination of
drives and walks is acceptable.
Alice Hinkle, applicant
3420 Garland Street
Ms. Hinkle gave a brief history of their plumbing business, she mentioned they are
proud of their employee base which has increase over the years and this is why
they want the office space to be bigger to meet the current and future needs of the
business.
Commissioner LARSON asked where they are located currently and to explain
their employee base.
Ms. Hinkle mentioned they currently rent office space and have some small storage
space for materials. She explained there are 5 office staff and 15 plumbers who
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February 6, 2019
take their trucks home with them every night so no trucks will be stored on site
overnight.
Commissioner VOS asked what the anticipated percentage of office space and
warehouse space is being proposed.
Ms. Hinkle said 52% will be office space.
Commissioner VOS asked if the variance is because the business has changed over
the years.
Ms. Hinkle said yes and the building will be more usable and sellable; it will be
marketable, but intention is to keep it.
Commissioner OHM wanted to make sure the caliper of the trees is corrected by
staff and inquired about the existing trees on site. He also had concerns about the
heights and types of some trees near the power poles. He would also like to see the
plant schedule clarified to name indian grass not switch grass.
Ms. Hinkle said most of the existing trees have been removed. She added the bay
doors will be for trucks to backup and load and unload trucks and there are no
curbs around the landscaping.
It was moved by Commissioner VOS and seconded by Commissioner SIMBAI
to APPROVE Case No. WA -19-05, a request for approval of a variance to the
allowed percentage of office space on property zoned Planned Commercial
Development (PCD) located at 12060 W. 52nd Avenue for the following
reasons:
1. The variance would not alter the essential character of the
neighborhood.
2. The applicant is proposing a substantial investment in the property
that may not be possible without the variance.
3. The request would not be detrimental to public welfare.
4. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
5. The property in question would not yield a reasonable return in use,
service or income if permitted to be used only under the conditions
allowed by regulation for the district in which it is located.
6. The variance request does not compromise the original vision for the
property as described in the ODP and allowable uses.
Motion carries 6-0.
It was moved by Commissioner LARSON and seconded by Commissioner
PETERSON to APPROVE Case No. WZ-19-05, a request for approval of a
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February 6, 2019
8.
9.
specific development plan on property zoned Planned Commercial
Development (PCD) located at 12060 W. 52nd Avenue for the following
reasons:
1. The specific development plan is consistent with the intent and
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.
With the following condition:
1. Prior to construction, a building permit shall be subject to review and
approval by staff, and shall be consistent with the representations
depicted in the SDP.
Motion carries 6-0.
OLD BUSINESS
• Ms. Mikulak explained that Wheat Ridge Speaks is up and running at
www.wheatridgespeaks.org and had the business cards for WR Speaks handed out
to Commissioners. Commissioner LARSON thought it ran very smooth and was
intuitive. There was a brief discussion on how WR Speaks works.
NEW BUSINESS
10. ADJOURNMENT
It was moved by Commissioner PETERSON and seconded by Commissioner
SIMBAI to adjourn the meeting at 9:37 p.m. Motion carried 6-0.
S6eOhm, Chair
Planning Commission Minutes
February 6, 2019
Tammy Ode"cording Secretary