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PLANNING COMMISSION
Minutes of Meeting
April 16, 2020
CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. in a Virtual meeting.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present:
PLEDGE OF ALLEGIANCE
Melissa Antol
Kristine Disney
Will Kerns
Daniel Larson
Janet Leo
Scott Ohm
Richard Peterson
Jahi Simbai
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 SIMBAI and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 8-0.
5. APPROVAL OF MINUTES — February 20, 2020
It was moved by Commissioner ANTOL and seconded by Commissioner LEO to
approve the minutes of February 20, 2020, as written. Motion carried 7-0-1 with
Commissioner DISNEY abstaining.
Planning Commission Minutes
April 16, 2020
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6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
Zoriana Morozewch, resident
3651 Ward Road, Wheat Ridge
Odarka Figlus
10580 West 301 Avenue, Wheat Ridge
Both Ms. Morozewch and Ms. Figlus do not feel Public Hearings should be held
virtually. They are frustrated and feel it is not representative of democracy. They also
mentioned that the public postings are not done correctly for virtual meetings.
Tara La Venture, resident
10580 West 34th Avenue, Golden
Ms. La Venture is not happy with the lack of dust control and the mounds of dirt at Clear
Creek Crossing. She believes it is not healthy for the public. She also believes not
enough residents received the public notice for this meeting.
7. PUBLIC HEARING
A. Case No. WZ-19-02: an application filed by Kum & Go for approval of a Specific
Dev elopement Plan for a gas station/convenience store for the property zoned
Planned Mixed Use Development (PMUD) located at 3432 Clear Creek Drive.
Mr. Cutler gave a short presentation regarding the Specific Development Plan 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.
Christine McRight with Evergreen Development Company gave a brief
presentation updating the Commission and public on the construction at Clear
Creek Crossing. In addition, Robert Fiebig and Dan Garneau gave a brief
presentation regarding the Kum & Go site plan.
Commissioner SIMBAI referenced the staff report and asked about the minor
corrections required by the Engineering Division that need to be updated.
Mr. Jefferies explained that the minor corrections are only clean up items like
flattening the bike area and a sign correction. Mr. Cutler added that the Plat is
approvable.
Commissioner Larson asked for clarification with regards to criteria 2 and 4 in the
staff report which both address the SDP relationship to the ODP.
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April 16, 2020
Mr. Cutler explained that criterion 94 is confirming the SDP is consistent with the
development guidelines established in the Outline Development Plan, which
includes, but is not limited to landscape coverage, setbacks, parking, etc. Criterion
42 is a broad based statement confirming the SDP is consistent with the
overarching design and intent statements of the ODP.
Commissioner PETERSON asked if Clear Creek Crossing is the owner and Kum
& Go is the leasee.
Ms. McRight explained the Kum & Go is under contract to purchase the site and
will be the owners after closing.
Commissioner PETERSON also wanted to know how this area will be connected
to the bicycle trail down by Clear Creek.
Mr. Cutler and Mr. Jefferies confirmed there will be 4 -foot bike lanes on Clear
Creek Drive that will be enhanced with green striping. They added the bike lanes
will be constructed in May and June.
Commissioner PETERSON also asked staff to explain the lighting and photometric
plan; he wanted assurance that the canopy lights will not be excessive.
Mr. Cutler explained that staff analyses the light levels and spillage and has
confirmed there is no up lighting and the range of light spillage is acceptable.
Commissioner OHM inquired about the landscaping and if the areas outside the lot
line to the NW and NE are included in the 20% minimum.
Mr. Cutler responded it those areas are not included in meeting the 20% coverage
minimum and explained that SDP boundaries can go outside of property lines.
Commissioner OHM also asked if the Tesla Charging spaces will affect the
required parking spaces.
Mr. Cutler said it will not affect the required parking spaces because there are more
parking spaces than required.
Commissioner OHM then asked why the public art that is being placed on the SW
side of the building instead of having a tree in that location.
Mr. Cutler clarified that the site has more trees than are required.
Mr. Garneau explained the sculpture is usually placed outside the store and
customers usually like to take selfies with it.
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April 16, 2020
Commissioner OHM wanted to know if Xcel is aware that the trash enclosure will
be over the 10 -foot utility easement.
Mr. Cutler explained that Xcel has was referred the SDP application and did not
make a comment on the location of the enclosure.
Commissioner LARSON inquired if the monument sign will be the only sign for
this property.
Mr. Cutler confirmed it will be the only freestanding sign for this property.
Commissioner Larson also asked if there will be a traffic signal at the end of the
hook ramps coming off I-70.
Mr. Jefferies confirmed there will be a traffic signal and will be operational soon.
In response to a question regarding the service road going through the property,
Mr. Cutler said the drive will terminate at the property and will not go any further
north. Mr. Jefferies added the service road will be used by exiting trucks.
Commissioner LARSON asked where the refill connectors for fuel are located.
Mr. Garneau explained the trucks will pull up next to the curb on the west side of
the site on the opposite side of the pump and the fuel drops are on the high side of
the curb so no cars will drive over them.
Commissioner LARSON also inquired about water runoff and where it goes.
Mr. Jefferies said it drains to regional water quality pond north of PA 1 & 2 and
there is no additional requirement for containment of runoff from the fueling
station.
Commissioner OHM observed that the tree canopy diameters did not appear to be
drawn to scale in the landscaping plan and asked why buffalo grass was being
planted in the shade.
The landscape designer was not a participant in the hearing. Mr. Fiebig said he is
not sure why the trees weren't drawn to scale, but will look into it. The applicant's
civil engineer, Mr. Jesse, said the buffalo grasses are used all over the State of
Colorado and should do well.
Commissioner Kerns inquired about how the underground fueling tanks are buried.
Mr. Fiebig explained that the tanks are double reinforced fiberglass and there are
detection systems to any leaks which does not happen often but there are automatic
shutoffs as well. Underground tanks are regulated by state and federal agencies.
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April 16, 2020
Tara La Venture, resident
13167 W 3311 Avenue, Golden
Ms. La Venture had concerns about public hearing notice and questions regarding
the elevation of the gas station, current guidelines of emissions, how often gas is
delivered, track routes, and intensity of lighting. She expressed a preference for the
convenience store to be on the west side of the site and requested a brick sound
wall at her property. She also said she would like to see things done about
homeless people.
Zoriana Morozewych, resident
3651 Ward Road
Ms. Morozewych had concerns about 2 gas stations being close to each other and
wants to know the environmental impact. She also wanted to know how the light
pollution is going to be mitigated. She also had concerns about the virtual process
for these meetings.
Odarka Figlus, resident
10580 West 34th Avenue
Ms. Figlus still does not like the virtual format for public meetings and said she
couldn't see the slides.
Chair OHM asked staff to respond to the public comment:
Mr. Jefferies explained the truck route is to the east of the site, is kept away from
the residential area, and is a way for a truck to navigate safely through a site.
Mr. Fiebig said the elevation will be lower than the La Quinta Inn which is
adjacent to the south and higher in elevation.
Mr. Fiebig said Kum & Go meets all emission requirements and there is a vapor
recovery system when fuel is off-loaded from the truck to the tank.
Mr. Garneau explained the orientation of the pumps and the convenience store is
for efficiency of getting traffic through safely. Ms. Mikulak added the zoning does
not require the building to be closer to the street in recognition that this area next to
the interstate hook ramp is auto oriented.
Mr. Jefferies explained that if there is a storm event the underground tanks are
regulated by the State. Ms. Mikulak said there are water quality features around
the entire site.
Mr. Garneau confirmed that every specification for light spillage has been met and
the LED lights are directional and will point down.
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April 16, 2020
Ms. Mikulak explained to the Commission that there is currently a brick noise wall
on the west side of the Youngfield service road and there is no requirement for
another one to be built. She also confirmed there are 4 methods for posting of
public hearings and all posting requirements were met between signs posted on
private property, mailing of 300 -ft radius, newspaper and website publications.
Ms. Mikulak added there are multiple ways to view the agenda and staff report and
presentation including Wheat Ridge Speaks and the website.
Ms. Mikulak also noted that pan handling is protected by the First Amendment so
the City is limited in what they can do, but the Police Department is aware of the
issue.
Regarding concerns of dust control, Ms. Mikulak said she will bring to the
attention of the Storm Water Manager.
It was moved by Commissioner LEO and seconded by Commissioner
PETERSON to APPROVE Case no. WZ-19-02, a request for approval of a
Specific Development Plan for the construction of a gas station and
convenience store on property located at 3432 Clear Creek Drive within
Planning Area 4 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.
Motion approved 8-0.
Commissioner OHM thanked all for participating and believes it is imperative to
proceed with the public hearings virtually albeit a new process for everyone
involved.
8. OLD BUSINESS
9. NEW BUSINESS
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April 16, 2020
Ms. Mikulak welcomed the Commission's newest member Kristine Disney.
She mentioned that per the bylaws a new Chair and Vice Chair are usually selected at the
first meeting following Council appointments in March. Due to virtual meetings being
new and Chair and Vice Chair needing to be selected by secret ballot, staff is
recommending a motion to suspend the Commission's Bylaws and retain the current
Chair and Vice Chair. The City Attorney agreed this would be an appropriate action to
take.
It was moved by Commissioner DISNEY and seconded by Commissioner ANTOL
to retain the current Chair and Vice Chair until the Commission meets in person.
Motion passed 8-0.
10. ADJOURNMENT
It was moved by Commissioner ANTOL and seconded by Commissioner DISNEY
to adjourn the meeting at 8:45 p.m. Motion carried 8-0.
Planning Commission Minutes
April 16, 2020
Tammy Ode ecording Secretary
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