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PLANNING COMMISSION
Minutes of Meeting
March 17, 2022
CALL THE MEETING TO ORDER
The meeting was called to order by Chair ANTOL at 7:01 p.m. This meeting was held in
person and virtually, using Zoom video -teleconferencing technology. As duly announced
and publicly noticed, the City previously approved this meeting format in order to
continue with normal business amid the COVID-19 pandemic and the related public
emergency orders promulgated by the State of Colorado and the Wheat Ridge City
Council. Before calling the meeting to order, the Chair stated the rules and procedures
necessitated by this virtual meeting format.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent
Staff Members Present:
PLEDGE OF ALLEGIANCE
Melissa Antol
Kristine Disney
Jerry DiTullio
Will Kerns
Daniel Larson
Jonathan Schelke
Julianne Stern
Janet Leo
Lauren Mikulak, Planning Manager
Stephanie Stevens, Senior Planner
Rocky Macsalka, Civil Engineer II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DITULLIO and seconded by Commissioner
SCHELKE to approve the order of the agenda. Motion carried 7-0.
5. APPROVAL OF MINUTES — March 3, 2022
Planning Commission Minutes
March 17, 2022
-1—
It was moved by Commissioner DISNEY and seconded by Commissioner
DITULLIO to approve the minutes of March 3, 2022, as written. Motion carried 6-
0-1 with Commissioner LARSON abstaining.
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 -21-04: an application filed by Fred L. Spallone Inc. for approval of
a major subdivision plat to consolidate 23 lots into 3 lots to establish clear title (no
new development) on a property zoned Mixed Use -Neighborhood (MU -N) and
located at 5800-5990 West 38th Avenue.
Ms. Stevens gave a short presentation regarding the consolidation and the
application. She entered into the record the contents of the case file, packet
materials, the subdivision regulations, 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 KERNS asked if each new parcel will have access to the alley.
Ms. Stevens clarified there will be access and it will be maintained. Ms. Mikulak
added there will be individual and shared access points.
Commissioner LARSON inquired about the owner of the property.
Steve Fleer, applicant
8008 Towhee Rd
Mr. Fleer mentioned Fred L. Spallone Inc. is the owner of the property, and the
building on Lot 2 is being sold to its long-time tenant. During the sale it was found
that the title needed to be cleared up and that is when it was decided to consolidate
the parcels into 3 lots.
Public Comment
No one wished to speak at this time. Chair ANTOL closed the public forum.
Commissioner KERNS inquired about the reason for the angled lot line at the
northeast corner of Lot 1.
Ms. Stevens explained that it aligns with the current access point and curbing on
the property.
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Commissioner LARSON thinks this is a logical and appropriate application and is
excited to see the renovation happening on the Lot 3 building.
It was moved by Commissioner DITULLIO and seconded by Commissioner
KERNS to recommend APPROVAL of Case No. WS -21-04, a request for
approval of a replat to consolidate 23 lots into 3 lots to establish clear title for
existing conditions on property zoned Mixed Use -Neighborhood (MU -N) and
located at 5800-5990 West 38th Avenue, for the following reasons:
1. All agencies can provide services to the property with improvements
installed at the developer's expense.
2. The requirements of Article IV (Subdivision Regulations) of the zoning
and development code have been met.
Motion carried 7-0.
B. Case No. WZ-21-09: an application filed by Rocky Mountain Hardwood
Processing for approval of a zone change from Agricultural -One (A-1) to Planned
Commercial Development (PCD) with an Outline Development Plan (ODP) on a
property located at 4877 Robb Street.
Ms. Stevens gave a short presentation regarding the zone change and the
application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, the comprehensive plan, 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.
CJ Kirst, applicant's representative
5730 E. Ontero Ave
Mr. Kirst gave a brief presentation regarding the zone change.
Commissioner LARSON asked for some background on Rocky Mountain
Hardwood Processing.
Mr. Kirst mentioned that there are a couple of partners who own a landscaping
business and are seeking a physical location in Wheat Ridge to run their business.
Along with pruning and mulching there will be a nursery used for staging of
landscaping installations. He added there will also be a milling location as well.
Commissioner LARSON inquired about stormwater runoff into the 2 existing
ditches and the impact on water quality.
Mr. Kirst confirmed that both ditch companies have given their support for the
zone change and development and there shouldn't be any excess runoff from PA3
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because it will remain in its natural state. Swadley Ditch will remain as is. He also
mentioned that the Wadsworth Ditch will be piped. Detention will be provided to
accommodate any runoff from PAI and to keep runoff out of the irrigation ditches.
In response to a question from Commissioner LARSON about the material for
milling and where it will come from, Mr. Kirst said it will come from other
properties.
Commissioner KERNS inquired about when Rocky Mountain Hardwood will start
business if zone change is approved.
Mr. Kirst said there is still the Specific Development Plan and permitting processes
to go through, as well as construction so possibly a year. He added they are eager
to continue through the process and hope to be operating from the property as soon
as possible.
Commissioner LARSON asked how many people will be employed at this
location.
Mr. Kirst said it will have approximately 8 employees.
Public Comment
Ben Portie, resident
4901 Robb Street
Mr. Portie mentioned he and his wife own a 3.2 -acre property to the north and
asked a few questions:
1. His lot sits higher than the subject property. Will be any grading done to the
site, so it does not become a marshland?
2. How will the Swadley Ditch be crossed in the future?
3. What is the City planning for Robb Street with new commercial uses and
existing residential uses in the area?
There was no additional public comment and Chair ANTOL closed the public
forum.
In response to public comment, Mr. Kirst clarified there will be grading done in
PA1 to make sure all flows to the east from the detention pond. There will not be
any grading in PA3 because it will remain natural and there will be a little grading
done in PA2 to help the transition of flow from PA1 to PA3. Mr. Kirst also
mentioned there will be a small crossing area over the Swadley Ditch, big enough
only for a skid steer to cross.
In response to the question about the City's plans for Robb Street, Ms. Mikulak
confirmed that the City does not plan to rezone any property on Robb Street unless
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the property owner inquires. She added the City has not budgeted for sidewalks or
curb and gutter along the northern portion of Robb Street. The City recognizes the
mix of uses in the area and has worked with the applicant to design a zoning that
transitions between Agricultural and Industrial -Employment zoning and uses.
Commissioner DISNEY inquired if PA3, remaining in its natural state, will be
maintained because currently it looks overgrown and not cared for.
Mr. Kirst confirmed that currently Rocky Mountain Hardwood is under contract
and does not yet own the property, but in the fixture, it will be maintained and not
become a wildfire hazard. Landscape maintenance is their business.
Commissioner STERN noted this site is near the transit station and encouraged
staff to consider including features that would promote walkable access to the
station if the project advances to a Specific Development Plan.
Ms. Mikulak noted Commissioner STERNS comment.
It was moved by Commissioner DISNEY and seconded by Commissioner
KERNS to recommend APPROVAL of Case No. WZ-21-09, a request for
approval of a zone change from Agricultural -One (A-1) to Planned
Commercial Development (PCD) with approval of an Outline Development
Plan (ODP) for the development of a tree service business for property located
at 4877 Robb Street, for the following reasons:
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, density, 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.
Motion carried 7-0.
C. Case No. WZ-20-06: an application filed by Hartwood LLC for approval of a
zone change from Restricted Commercial (RC) to Planned Residential
Development (PRD) with an Outline Development Plan (ODP) on a property
located at 7585 West 32nd Avenue.
Ms. Stevens gave a short presentation regarding the zone change and the
application. She entered into the record the contents of the case file, packet
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materials, the zoning ordinance, the comprehensive plan, 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.
Peter Pappas, Pappas Architecture
3143 S. Broadway, Englewood
Mr. Pappas gave a brief presentation about this zone change and the architectural
design of the project.
Commissioner DITULLIO asked what the density would be for this property if
zoned R-2 or R-3.
Ms. Mikulak confirmed that based on lot area and width, if the property were
within the R-1 zone district the 2 single family homes would be allowed. If it were
R-2 or R-3 the site could potentially accommodate 2 duplexes and or 3 single
family lots but with flag lot designs.
Commissioner DITULLIO asked if the bulk plane will be enforced on this project
and if it is an Urban Renewal Area.
Ms. Stevens clarified that bulk plane requirements will apply on the townhomes
and Ms. Mikulak confirmed that this is not an Urban Renewal Area.
Commissioner DITULLIO also inquired if there will be garages on these units and
if these townhomes are considered slot homes. He also inquired if the ODP moves
on to City Council.
Mr. Pappas confirmed there will be tuck under garages on these townhomes and 4
at -grade visitor parking spaces. Ms. Mikulak clarified these are not slot homes and
explained the City adopted townhome design standards a couple years ago and it
precludes slot homes. The front duplexes are oriented toward 32"d Avenue to
engage the public realm. Ms. Stevens confirmed Planning Commission makes a
recommendation to City Council and Council is the deciding authority.
Commissioner SCHELKE mentioned he has traffic concerns about the access point
and potential conflicts with bike, pedestrian, and bus routes in the area.
Ms. Mikulak explained the City made it a single access point (rather than two) to
reduce conflicts and to retain access in generally the same location as the existing
access point. The trip generation for a residential use would be less than if it were
to be developed under the existing commercial zoning.
Commissioner LARSON asked if there is a secondary emergency access and if the
Fire Department had any concerns.
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Ms. Stevens and Ms. Mikulak confirmed Fire is fine with this design having the
fire head turnaround behind the duplexes. Multiple access points are not required
for all projects.
Commissioner LARSON inquired why the number of units had been changed from
11 to 14.
Sam Edelson, applicant
1358 Gilpin St., Denver
Mr. Edelson said he is a proponent to finding a solution to the housing shortage in
Colorado and feels people should be able to work and live in their community. He
hopes this helps a little bit.
Commissioner LARSON asked if these will be owner occupied and how the
property will be managed.
Mr. Edelson confirmed that the units will be for sale units that can be owner
occupied and will be below the median house price in Wheat Ridge. Mr. Pappas
added they hope to use party wall agreements which will include property
maintenance. Ms. Stevens informed the commission that the agreement will be
reviewed through the SDP and Plat process.
Commissioner STERN asked if there is parking on 32nd Avenue.
Ms. Stevens said there is no on -street parking on 32nd Avenue.
Commissioner DISNEY inquired to the amount of market research done by the
developer about the surrounding community.
Mr. Edelson said he lives in the Denver area and spends time in Wheat Ridge and a
neighborhood meeting was held to speak with the community. He stressed that due
to the housing shortage, informed their decision to construct the 14 townhomes.
In response to follow-up questions from Commissioner DISNEY, Mr. Edelson
noted that the median home sale price in Wheat Ridge is $649,000, and he expects
these units to be below the average price point which should be more attainable by
professionals in the community. Mr. Pappas said there was consideration of going
from 11 to 14 units; the cost of the project gets divided among more units, and
therefore the cost of the units is lower. He added that if this lot were to be 2 single
family homes, then the homes would be sold for over a million dollars.
Public Comment
Anne Brinkman, resident and former Planning Commissioner
7420 W. 34t' Avenue, Wheat Ridge
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Ms. Brinkman said she is in favor of this project and mentioned it is a transition
property and said nobody wants to spend lots of money to purchase a single-family
home this close to Wadsworth. She admitted it would be great if the density was a
little lower but also knows the developer needs to make money as well and it is a
challenging property to work with. Her only concerns are snow removal and
detention areas which she acknowledged are usually addressed in future review
phases.
George Butkovich, resident
7307 West 32"d Avenue, Wheat Ridge
Mr. Butkovich understands this site will be developed eventually but has some
concerns including increased traffic and not enough visitor parking. He mentioned
he is in support of the project but would be in favor of 6 units on this site instead of
14.
All Brunke, resident
3045 Vance Street
Ms. Brunke has concerns about this project and does not want to see these units
being low-income housing. She does not think the height is appealing and has
concerns for increased parking and traffic and snow removal.
Sandra Tolve, resident
3190 Vance Street
Ms. Tolve said she has lived in the area for a long time, loves Wheat Ridge and is
shocked to see this development. She has concerns for increased traffic, parking,
the height of the buildings and low-cost housing.
Ben Gearhart, Development Group
3931 Julian Street, Denver
Mr. Gearhart mentioned that his group specifically engineered these units to come
in under the average price point of $649,000. He added the Denver Metro area has
a housing supply issue and this lot is not suitable for low density/single-family
homes. Mr. Gearhart mentioned the height is 30% less than what the current RC
zoning allows and 50% less on building coverage than what the current zoning
allows. He also clarified that this is not a low-income housing project, but an
attainable price point project.
Commissioner ANTOL closed the public forum.
Commissioner DITULLIO asked if the applicant owns the property or if their
purchase is contingent on the outcome of the zone change.
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Mr. Edelson confirmed it is contingent on the zone change.
Commissioner DISNEY mentioned she is aware of the housing shortage in the area
and the need for diverse housing, but believes this development is better suited for
Kipling, 38th Avenue or Wadsworth. She added that this project is surrounded by a
typical Wheat Ridge neighborhood and is not supportive of the unit count
increasing from 11 to 14. She also feels the buildings behind the duplexes are slot
home designs and are not appropriate for the neighborhood.
Commissioner LARSON cannot find anything inappropriate about this project and
believes it is a good transitional property.
Commissioner DITULLIO explained that a rezone is not a guarantee by right and
the Planning Commission will give a recommendation to City Council. He added
this is not a low-income project and explained the difference between low-income
and affordable housing, but also feels this will not be affordable. Commissioner
DITULLIO is supportive of in -fill projects but would like the developers to go
back to the drawing board and adjust this PRD.
Commissioner ANTOL realizes it is difficult to see how the housing prices have
changed and it is difficult to make housing affordable for the average person's
salary. She understands housing is a scarce resource and it is hard to control the
market price of homes currently.
Commissioner KERNS complimented the developers on the quality of the
materials proposed and is not offended by this project. He added that density is
needed in this area and for the average person to afford a home. Commissioner
KERNS also hopes the height of these structures blocks the traffic noise of
Wadsworth for the adjacent neighborhood.
Commissioner STERN agrees with what Commissioner KERNS said and thanked
the development team for bringing attainable housing to Wheat Ridge and believes
all neighbors of all income levels should be welcome in all of our neighborhoods.
Commissioner LARSON only concerns are detention, parking, and snow removal.
Ms. Stevens noted the concerns.
Commissioner KERNS noticed grass at the ends of the drive aisle and thinks snow
can be plowed there.
It was moved by Commissioner LARSON and seconded by Commissioner
KERNS to recommend APPROVAL of Case No. WZ-20-06, a request for
approval of a zone change from Restricted -Commercial (R -C) to Planned
Residential Development (PRD) with approval of an Outline Development
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Plan (ODP) for property located at 7585 West 32" Avenue, for the following
reasons:
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, density, 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.
Motion carried 5-2 with Commissioners DISNEY and DITULLIO voting
against.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
Ms. Mikulak mentioned there will be cases for both Planning Commission
meetings in April, the 7a' and 21 st
B. Project and Development Updates
Ms. Mikulak mentioned that Huckleberry Roasters a coffee shop will be going into
one of the buildings in the Spallone plat that was seen tonight; Yak & Yeti recently
opened on Kipling Street; and Mestizo Brewing at Pierce and 3 8a' Avenue will be
opening soon.
Ms. Mikulak alerted the Commissioners and Public to upcoming City Council
study sessions:
1. April 18: update on Let's Talk's most recent blitz and Accessory Dwelling
Units
2. March 28: Budgeting of a grant to the City from DOLA for Affordable
Housing and awarding the contract to complete that plan
3. May 2: Affordable housing policy discussion
4. May 16: Update on the 44th Avenue plan and bulk plane
Ms. Mikulak asked the Commissioners, if they are interested to take a 44th
Avenue Subarea Plan yard sign and Wheat Ridge Speaks cards to hand out to
community members.
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Ms. Mikulak said there might be a training session this year for Commissioners
with the City Attorney.
Commissioner ANTOL asked about the Affordable Housing Strategy. Ms.
Mikulak mentioned a consultant will lead the City through the process. The plan
will be a largely technical document identifying existing conditions, needs, and
gaps; seeking policy direction from Council and input from stakeholders; and also
providing an action plan that will give tools for moving forward with
implementation.
10. ADJOURNMENT
It was moved by Commissioner KERNS and seconded by Commissioner LARSON
adjourn the meeting at 9• Motion carried 7-0.
Melissa Antol, Chair Tammy Odean, wording Secretary
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March 17, 2022