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Minutes of Meeting
February 20, 2020
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 29h 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
Jahi Simbai
Vivian Vos
None
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 VOS
to approve the order of the agenda. Motion carried 8-0.
5. APPROVAL OF MINUTES — February 6, 2020
It was moved by Commissioner SIMBAI and seconded by Commissioner LARSON
to approve the minutes of February 6, 2020, as written. Motion carried 6-0-2 with
Commissioners ANTOL and LEO abstaining.
Planning Commission Minutes
February 20, 2020
—1—
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. WS -18-04: an application filed by Billy Wang for approval of a 15 -lot
major subdivision for the property zoned Mixed Use -Neighborhood (MU -N)
located at 6230 West 381i Avenue.
Mr. Cutler gave a short presentation regarding the subdivision 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.
Commissioners SIMBAI and VOS wanted an explanation of the ROW dedication
and the Public Improvements.
Mr. Cutler explained that the ROW dedication will allow for the construction of
the 8ft. sidewalk that will be adjacent to a 6ft. amenity zone.
In response to a question from Commissioner KERNS, about the height and about
these townhomes being slot homes, Ms. Mikulak clarified they are not slot homes
because there is a commercial development between the homes and the street. She
added that the use of the term slot home will be explained in the ordinance later in
the meeting and how the building interfaces with the street. A sideways orientation
does not on its own classify the design as slot homes. She confirmed that the site
design and use is compliant with the underlying zoning.
Commissioner OHM asked if there is a building setback or envelope shown on the
plat.
Mr. Cutler explained that the easements dictate some of the setbacks, but the
buildings are set back further on the east side because they are adjacent to single
family homes. He added the setbacks will be shown in the site plan.
Commissioner OHM also inquired about tree placement and Commissioner VOS
asked who will take care of the landscaping.
Mr. Cutler assured the commission that there will be street trees as well as trees in
non-Xcel easements along with landscaping and there will be an association who
cares for the landscaping, not the City.
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February 20, 2020
Commissioner LARSON asked what will be built over the underground detention
pond.
Mr. Cutler explained the alley way and parking will be built over the detention
pond.
Anchen Wang, Designer representing the Owner.
2400 Meade Street, Denver
Commissioner VOS asked about the height of the commercial building and if the
owner has done other developments in the City of Wheat Ridge. Commissioner
VOS also asked if the site plan includes a playground or other amenity.
Mr. Wang said the commercial building will be 30ft. in height and this is the first
development for the owner in the City of Wheat Ridge, but he has lived in the City
for many years. The applicant confirmed there will be landscaped areas but there
will not be a playground.
Commissioner KERNS asked how this development will fit the neighborhood. He
expressed concerns related to building heights and compatibility. He asked about
the proposed land use, specifically if the commercial building would include retail
uses.
Mr. Wang explained that the development will engage the neighborhood with both
commercial and residential on the site, especially if the commercial site is a
restaurant or coffee shop on the lower level and office space above.
Commissioner OHM asked what the pedestrian connection is from the townhomes
to 38th Avenue.
Mr. Cutler said there will be sidewalks on both sides of the development and they
will connect to the sidewalk on 38th Avenue.
In response to a question from Commissioner PETERSON about access to
Founders Park from the development, Mr. Cutler and Ms. Mikulak clarified it is an
easy walk, maybe 500ft. from 38th Avenue to Jay Street.
Valerie Cardenas, resident
3775 Jay Street, Wheat Ridge
Ms. Cardenas explained that her concern is parking in the neighborhood and would
like to know how accommodations will be made for visitor parking.
Roger Loecher, resident
4599 Carr Street
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February 20, 2020
He also had concerns about parking and does not think the current and proposed
sidewalks will match up. He also wanted to know if there will be a 6ft. privacy
fence between the development and the residents on Jay Street.
Ms. Mikulak mentioned that these are all site design issues and staff would be
happy to share the site design plan in the office. She quickly shared that there will
be parking on site with garages, parking adjacent to the commercial lot, and
subterranean parking below the commercial building. She added the site plan is
administratively approved and is compliant with all Mixed -Use zoning standards.
It was moved by Commissioner LEO and seconded by Commissioner ANTOL
to recommend APPROVAL of Case No. WS -18-04, a request for approval of a
major subdivision on property located at 6230 W. 38th 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 Improvement Agreement
and a lot sale restriction covenant agreement prior to recordation of
the subdivision plat.
3. Prior to issuance of building permits, the developer shall provide
owner association covenants for review by staff.
Motion carried 6-2 with Commissioner KERNS and VOS voting against.
B. Case No. WZ-19-10: an application filed by Davis Partnership Architects, on
behalf of SCL Health for approval of an amendment to the underlying zoning to
increase the allowable height for hospital uses at Clear Creek Crossing.
Commissioner SIMBAI disclosed he is on the Board for SCL Health.
Ms. Mikulak asked if he would have any financial interest in this application and if
he can remain impartial and fair in this decision-making process despite his
participation on the SCL Health Board.
Commissioner SIMBAI confirmed he has no financial gain due to this case and can
remain impartial on the voting process. Based on these answers, Ms. Mikulak
confirmed he is eligible to participate in the hearing and should not recuse himself.
Planning Commission Minutes —4—
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February 20, 2020
Ms. Mikulak gave a short presentation regarding the amendment 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 if this amendment is approved does it change the
Design Pattern Book or the Code.
Ms. Mikulak explained that Planned Developments are not codified, but they are
recorded and the Design Pattern Book is a recorded document so it will show up on
title work.
Commissioner LARSON wanted confirmation that this amendment applies only to
this project and not the City's Code.
Ms. Mikulak confirmed this to be true and stated all Planned Development are
property -specific and are separate from the City Code.
Commissioner OHM asked what the underlying zoning is for this property and
asked about the height standards in relation to other mixed use zone districts.
Ms. Mikulak said the zoning is Planned Mixed Use Development (PMUD) and
explained the point of reference are the four different Mixed -Use Developments.
She also explained that this is an exempted area and it can exceed 50 feet in height.
She explained how the maximum heights were established in the mixed use codes
and why they don't work for the hospital use. When the mixed use districts were
written, there was a public process including visual preference surveys, and the
community determined that 4-, 6-, and 8 -story buildings were appropriate in those
areas were more density was being encouraged. Working with industry experts,
those story heights were translated in to maximum heights of 62/65, 90 and 118
feet respectively. Those height assumptions were based on office uses. A 6 -story
building for a hospital use has to be taller than 90 feet because of different building
codes.
Commissioner ANTOL inquired if the elevator is needed to access the helipad and
if a noise study is necessary for helicopters.
Ms. Mikulak mentioned the City does not have a noise requirement. She added it
is preferable to have a helipad adjacent to the highway because they tend to follow
highway corridors for flight.
Commissioner LEO asked why the height issue is being addressed now instead of
earlier.
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February 20, 2020
Ms. Mikulak explained that during the Outline Development process there is no
specific design plan. She added that during this ODP process there was a different
hospital partner for part of the process. The applicant has now had the time to
work through conceptual designs to determine their needs. If the height
amendment is not approved then it will affect the applicant's ability to provide the
services they have envisioned and they may have to go back to the drawing board
to figure out how this site will be designed.
Steven Chyung, applicant
2541 S. Monroe St., Denver
Mr. Chyung gave a brief history of SCL Health, the location of the project, and the
visualization of why the height increase is being requested. He mentioned that by
putting the helipad on the roof there will be noise reduction and it is the safest and
easiest way to access the emergency room. He noted that the site is not a heliport
(no elevator is stationed there) but will likely see an average of 5 helicopter trips
per month.
Commissioner LARSON asked if there is any aviation concerns about wind with
the helipad being on the roof.
Mr. Chyung mentioned that the helicopter can be oriented more quickly if put into
the wind, which makes the takeoff more efficient.
Commissioner VOS asked which direction the helicopter would take off in.
Mr. Chyung explained it would depend on the wind direction and then the
helicopter will orient over the highway.
In response to a question from Commissioner VOS about the hospital's setback
from the interstate, Ms. Mikulak explained that is part of the final site plan design
and will be decided at a later time, but the minimum setback established in the
zoning is 5 -feet per story and it is likely the hospital will exceed the minimum
setback.
Commissioner VOS then asked if the helipad could be placed on the parking
garage.
Mr. Chyung explained that the most efficient way for the patient to get to the OR
and/or ER from the helicopter is in a direct vertical path from the hospital roof
down into the OR/ER. Transporting a patient from a different building on the
campus would not work.
Commissioner VOS wanted to know the current height of the stories at Lutheran
Hospital on 38t' Avenue and the proposed height of the stories for the hospital at
Clear Creek Crossing.
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February 20, 2020
Bruce Fong, architect
500 Eldorado, Broomfield
Mr. Fong said the current height of Lutheran Hospital stories is 12 to 13 feet per
story and the proposed height at Clear Creek Crossing is 15 to 18 feet per story. He
explained some of the contemporary medical equipment in ERs and OR that
require taller ceiling heights.
Commissioner KERNS asked how this hospital will have positive health outcomes
for patients being so close to the I-70 Highway, due to noise, vibration and air
quality. He expressed serious concerns about the hospital being sited so close to the
interstate.
Mr. Chyung said there will be better access to the hospital being adjacent to the
highway. With regards to air and noise pollution, the hospital is built to take the
pollutants out of the air and meet regulatory standards.
Ms. Mikulak and Commissioner OHM reminded the Commission that the hospital
is a permitted use and the purpose of this meeting is strictly to decide the height of
the hospital.
Commissioner OHM asked if the trauma level 3 designation will change with or
without the helipad.
Mr. Chyung said no the trauma level designation is not determined by the helipad.
Tara Laventure, resident
13167 W. 331 Ave., Golden
Ms. Laventure mentioned her concerns are with air pollution from the active
construction site, noise from the helicopter and the height of the building.
Chair OHM closed the public forum and asked staff to respond to public comment.
Ms. Mikulak explained the height of the hospital will be 102 feet with only the
elevator portion on the roof being at 135 feet. She also clarified that noise is not
addressed in the zoning code, it is considered a nuisance issue elsewhere in the
code of laws and applies to all uses in the City. Noise is considered a nuisance if is
sustained.
Commissioner LARSON asked what the building timeline is for the hospital.
Ms. Mikulak said she does not have that answer, but it will take longer because it is
the largest portion of the property.
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February 20, 2020
Commissioner LEO asked what the next steps are for the Planning Commission for
Clear Creek Crossing.
Ms. Mikulak said the review of the Specific Development Plans for this planning
area and others would be the next step.
In response to a question from Commissioner VOS regarding the impact on
wildlife due to helicopters flying through the area, Ms. Mikulak mentioned there
was an Environment Assessment done per federal regulations in association with
the hook ramp infrastructure.
Commissioner ANTOL asked about the timeline of the projects and what the
importance is for having a helipad.
Mr. Chyung explained that to be a licensed acute care hospital the requirement is a
helipad. He confirmed the height is necessary to achieve the goals of the hospital
campus.
Commissioner VOS asked why they are reviewing the proposed height without a
proposed site plan.
Ms. Mikulak said is customary and appropriate to establish the development
parameters, including the maximum height, so the applicant knows the parameters
to which they are designing.
Chair OHM called for a motion.
It was moved by Commissioner KERNS and seconded by Commissioner VOS
to recommend DENIAL of Case No. WZ-19-10, a request for amendment to
the underlying zoning to increase the allowable height for hospital uses at
Clear Creek Crossing, for the following reasons:
1. The siting and zoning does not promote the positive health outcomes
and general welfare of hospital staff, patients and the community.
2. Noise and elevated ambient sound levels due to the adjacent freeway
are unbefitting of a height increase for a hospital and associated health
campus.
3. Vibration, including low, mid, and high resonant frequencies due to the
adjacent freeway are unbefitting of a height increase for a hospital and
associated health campus.
4. Air quality, including elevated levels of ultra -fine particulates, black
carbon, nitrogen oxides, carbon monoxide, volatile organic compounds,
and particle -bound polycyclic aromatic hydrocarbons (PPAH).
Leading to respiratory infections, heart disease, COPD, stroke, asthma,
reduced pediatric lung function, and lung cancer. These listed reason
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February 20, 2020
are unbefitting of a height increase for a hospital and associated health
campus.
5. It is not appropriate to amend zoning standards to recognize the
unique needs of a hospital use at this site.
There was no discussion.
Motion failed 5-3 with Commissioners ANTOL, LARSON, OHM,
PETERSON and SIMSAI voting against.
Chair OHM called for an alternate motion.
It was moved by Commissioner LARSON and seconded by Commissioner
PETERSON to recommend APPROVAL of Case No. WZ-19-10, a request for
amendment to the underlying zoning to increase the allowable height for
hospital uses at Clear Creek Crossing, for the following reasons:
1. The zoning promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the
surrounding area.
2. The change in height does not affect the demand on public
infrastructure.
3. The amendment is consistent with the goals and objectives of the
Comprehensive Plan and purpose of underlying zoning.
4. It is appropriate to amend the zoning standards to recognize the
unique needs of a hospital use.
There was no discussion.
Motion carried 5-3 with Commissioners KERNS, LEO and VOS voting
against.
C. Case No. ZOA-20-02: an ordinance amending Chapter 26 of the Wheat Ridge
Code of Laws pertaining to the design and plating of multifamily development and
attached single family homes.
Ms. Mikulak gave a short presentation regarding the ordinance 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 requirements have been met, therefore the Planning Commission has
jurisdiction to hear this case.
Commissioner PETERSON asked if the building footprint will remain the same
with a lot line adjustment.
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February 20, 2020
Ms. Mikulak confirmed the building footprint could stay the same if only interior
lots are moved. She clarified that a lot line adjustment shifts the lot line, but does
not always change the number of lots or units. The lot line adjustment process is
not specific to townhomes.
Commissioner SIMBAI asked if a lot line adjustment can reduce the number of lots
and would the change require another Public Hearing.
Ms. Mikulak then read the definition of a lot line adjustment from the Code and
confirmed the number of units may be reduced by definition. The other
consideration of whether it requires a hearing would be if such a reduction
materially changes the overall design or not.
Commissioner PETERSON then asked if a lot line adjustment could be reviewed
administratively.
Ms. Mikulak confirmed yes that any subdivision application dealing with 3 or
fewer lots could be administrative.
Commissioner ANTOL said she likes the tools that are provided by this ordinance
to prohibit slot home developments.
Commissioner LARSON asked about Section F of the ordinance and wanted the
word "predominant" explained.
Ms. Mikulak explained there is no definition, but in some developments not all
front doors face a street, but predominately they all do. She added that some
discretion is required and there will be some high standards in the development
code.
Commissioner LARSON then asked about the minimum separation of l Oft.
between buildings. He also inquired why some units are very narrow.
Ms. Mikulak explained the l Oft. is between the townhome buildings not each unit
because they are attached. Ms. Mikulak added that some units are narrow to
achieve affordability and meet market demand.
In response to a question from Commissioner VOS, Ms. Mikulak gave the
definitions of the fagade design and articulation methods listed on Page 2 in
Section 3.B.1.
Commissioner KERNS asked if this ordinance outlaws the slot home typology.
Ms. Mikulak explained that a slot home is defined by several characteristic
features: they are sideways oriented, bulky and massive, lack change in materials
and don't have front doors facing the street. She added this ordinance does
Planning Commission Minutes —10—
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February 20, 2020
prohibit slot homes as defined by all of these things, but does not prohibit the
sideways orientation individually because here in the City of Wheat Ridge there
are a lot of narrow properties. The focus is on how the units relate to the street.
Commissioner VOS asked if there can be a flat side of some fagades on the
townhomes.
Ms. Mikulak clarified that the mixed use code is requires "four-sided architecture"
meaning architectural requirements applies to all sides of the buildings.
Commissioner OHM asked if there is a minimum unit width.
Ms. Mikulak said there is no minimum requirements for townhome lots in the
zoning code, but there are building codes that could dictate minimums and those
will be followed.
No one from the public wanted to testify.
It was moved by Commissioner KERNS and seconded by Commissioner LEO
to recommend approval of the proposed ordinance amending Chapter 26 of
the Wheat Ridge Code of Laws concerning the design and platting of
multifamily development and attached single family homes.
Motion carried 8-0.
8. OLD BUSINESS
9. NEW BUSINESS
• Ms. Mikulak mentioned we have a new Senior Neighborhood Planner, Jeff Hirt
and are currently advertising for a Neighborhood Engagement Specialist.
• Commissioner LARSON asked about the process for implementation of the NRS.
Ms. Mikulak explained it the NRS work plan assumes 10 years in total and it will
take about 2 years to cover the entire city in the first round of the neighborhood
engagement program then it will be an ongoing program.
• Commissioner VOS mentioned this could be her last meeting if she is not
reappointed by City Council.
• Ms. Mikulak mentioned that there will not be any cases to be heard during the
month of March.
• Commissioner KERNS asked about the closing of Lucky's. Ms. Mikulak noted
that it's too early to know who may backfill the property.
10. ADJOURNMENT
Planning Commission Minutes —11 —
February 20, 2020
It was moved by Commissioner PETERSON and seconded by Commissioner
KERNS to adjourn t e meeting at 9:30 p.m. Motion carried 8-0.
77 7a--, c&znn,
Sc4KOhm, Chair Tammy , Recording Secretary
Planning Commission Minutes —12—
February
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February 20, 2020