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City of
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PLANNING COMMISSION
Minutes of Meeting
February 2, 2023
CALL THE MEETING TO ORDER
The meeting was called to order by Chair ANTOL at 6:31 p.m. This meeting was held in
person and virtually, using Zoom video -teleconferencing technology. 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: Melissa Antol
Jerry DiTullio
Will Kerns
Daniel Larson
Janet Leo
Jonathan Schelke
Julianne Stern
Commission Members Absent: Kristine Disney
Staff Members Present: Lauren Mikulak, Planning Manager
Stephanie Stevens, Senior Planner
Jeff Hirt, Senior Neighborhood Planner
Mark Westberg, Engineering Projects Supervisor
Tammy Odean, Recording Secretary
PLEDGE OF ALLEGIANCE
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DITULLIO and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 7-0.
5. APPROVAL OF MINUTES — December 1, 2022
Planning Commission Minutes
February 2, 2023
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It was moved by Commissioner LARSON and seconded by Commissioner
SCHELKE to approve the minutes of December 1, 2022 as written. Motion carried
6-0-1 with Commissioner DITULLIO 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. WZ-22-06: An application filed by Davis Partnership Architects on
behalf of Intermountain Healthcare for approval of a Specific Development Plan
(SDP) to facilitate construction of a 137,000 sq. ft., 5-story Medical Office
Building (MOB) on a property zoned Planned Mixed -Use Development (PMUD)
and located at 12905 West 401h Avenue.
Ms. Stevens gave a short presentation regarding the Specific Development Plan
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.
Aaron Brewster, Applicant
1550 Market St., Ste, 200, Denver
Mr. Brewster gave a brief presentation about the location and the architecture of
the MOB and mentioned it is independently owned and operated separately from
the hospital. The MOB is a ground lease with Intermountain Healthcare.
In response to a few questions from commissioners about the pedestrian
connectivity, parking and sidewalks, Ms. Stevens explained all was determined
during the SDP process for the main hospital building.
Commissioner LARSON asked about the sky bridge connecting the parking garage
and the MOB.
Mr. Brewster said the connection is from the Yd floor of the garage to the 2°d floor
of the MOB. He mentioned there is also a bridge from the parking garage to the
hospital.
Commissioner KERNS thinks there is more parking than will be used and
questioned if the part of the parking lot could be developed in the future if all the
parking spaces are not used.
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February 2, 2023
Ms. Mikulak agreed there is nothing in the zoning that would preclude
development from happening so long as minimum parking requirements are met.
Public Comment
No one wished to speak at this time.
In response to a question from Commissioner LARSON as to whether this is the
last of the big developments at Clear Creek Crossing, Ms. Stevens said it is not and
there is still vacant land between Hampton Inn and Lifetime as well as vacant land
on the southeast corner of 40th Avenue and Clear Creek Drive in the designated
retail area.
Chair ANTOL closed the public hearing and mentioned she is very impressed by
the design of the MOB and the creation of an exciting, robust and consistent design
with this building.
It was moved by Commissioner DITULLIO and seconded by Commissioner
LARSON to APPROVE Case no. WZ-22-06, a request for approval of a
Specific Development Plan for the construction of a 137,000 square foot, 5-
story medical office building on property located at 12905 W. 40th Avenue
within Planning Area 1 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
With the following conditions:
1. Prior to commencing construction, civil construction drawings shall
be approved, and appropriate permits shall be obtained.
2. Building permit submittals shall be consistent with the SDP.
B. Case No. ZOA-23-02: An ordinance amending Section 26-803.G of the Wheat
Ridge Code of Laws, to adopt the flood hazard delineation maps for Clear Creek
dated September 2, 2022 as a local flood hazard area.
Mr. Westberg gave a brief presentation on floodplain updates for Clear Creek.
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February 2, 2023
Commissioner DITULLIO asked if the new map gives the City more authority to
tell the property owner what they can or can't do in the floodplain areas.
Mr. Westberg clarified that it will allow the City to regulate the areas that are in a
flood hazard area.
Commissioner DITULLIO would like to see the City put funds into mitigating
floods by improving drainage, so property owners do not have to pay for flood
insurance.
Ms. Mikulak mentioned that the boundaries are changed periodically to reflect the
risk and as data methodologies get better the City can more accurately assess the
risk. She agreed that the City does not have a sustainable revenue source to address
drainage and stormwater infrastructure and it will be an upcoming study session
topic with City Council. Mr. Westberg added that in the next month there will be a
kick-off for a masterplan for Clear Creek to identify the projects that can modify
the creek area to remove property owners from the floodplain, mentioning there
will be grant opportunities to find funding sources.
Commissioner LARSON asked how many properties are within the floodway and
if there is a map to view.
Ms. Mikulak said there are over 100 properties with the most being in the
Clearvale area and Mr. Westberg explained the map and showed the public
websites with the map and study information:
• Clear Creek Floodplain Comparison Map (arc i� s.com)
• https://www.iconeng.com/project/ClearCreek FHAD/
Commissioner LARSON inquired as to what has attributed to the change in maps.
Mr. Westberg said it is because the recognition that flows are 30% lower than
previously assumed in the older hydrology.
Commissioner ANTOL asked to have clarified what this map is actually doing.
Mr. Westberg gave a brief history of flood maps dating back to 2003 and is hoping
that sometime this year Clear Creek maps can be submitted to FEMA so properties
will be removed from the floodplain which will also remove their mandatory flood
insurance requirement.
Commissioner STERN thanked Mr. Westberg for his passion and informative
presentation and his help making it understandable and thinks the City has a
responsibility to adopt and regulate based on current maps.
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February 2, 2023
Commissioner KERNS asked if the City has funds to construct drainage
improvements.
Ms. Mikulak explained that drainage improvements fall under the City's Capital
Improvement Program (CIP). Because the City does not have a sustainable CIP
funding source other sources are used such as bonds and grants. She added that
floodplains do not affect everyone in the City, so it can be a challenge to gain
financial support for those projects. Funding of CIP and drainage or floodplain
projects will be a topic of conversation with City Council later this year.
Commissioner STERN agrees that public investment is called for and hopes for
investments in the Clear Creek and 441h Avenue areas.
Commissioner LARSON noted that amending the floodplain maps is the
responsibility of the City and the Planning Commission to approve tonight.
Public Comment
No one wished to speak.
It was moved by Commissioner LARSON and seconded by Commissioner
LEO to recommend approval of the proposed ordinance amending Section 26-
803.G of the Wheat Ridge Code of Laws, to adopt the flood hazard delineation
maps for Clear Creek Dated September 2, 2022 as a local flood hazard area.
Motion carried 6-1 with Commissioner DITULLIO voting against.
C. Case No. ZOA-23-01: An ordinance amending Section 26-115.E of the Wheat
Ridge Code of Laws, concerning a request for interpretation by the Board of
Adjustment.
Ms. Mikulak gave a brief presentation about this ordinance hitting a few key
points.
Commissioner LARSON inquired if there currently is a time limit to meet if there
is an appeal to be heard by the Board of Adjustment.
Ms. Mikulak confirmed there is not currently a time limit. If the ordinance is
approved, it would become 30 days from the date on the letter of the Director's
decision. She also explained the process for filing an appeal to the Board of
Adjustment.
Commissioner SCHELKE asked what the problem is that the City is trying to fix.
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February 2, 2023
Ms. Mikulak clarified that the City does not want an open-ended time frame for an
appeal to the Board of Adjustment; she gave the example of a recent billboard
appeal in 2022 which happened 6 months after the Director's decision.
Public Comment
No one wished to speak.
It was moved by Commissioner LEO and seconded by Commissioner KERNS
to recommend approval of the proposed ordinance amending Section 26-115.E
of the Wheat Ridge Code of Laws concerning requests for interpretation by
the Board of Adjustment.
Motion carried 7-0.
8. NEW BUSINESS
A. Update on the Affordable Housing Strategy and Action Plan
Mr. Hirt gave a brief summary and overview on the recent Council adoption of the
Affordable Housing Strategy and Action Plan. He mentioned that the entire report
along with a lot of background material is on What's Up Wheat Ridge.
Commissioner SCHELKE asked what was meant by "relatively affordable
housing."
Mr. Hirt explained the term is Naturally Occurring Affordable Housing (NOAH)
and explained that Wheat Ridge is unique in having a larger stock of units in an
affordable range compared to surrounding cities.
Commissioner STERN asked how Planning Commission can expect to be involved
in operationalizing some of these recommendations.
Mr. Hirt and Ms. Mikulak summarized the Strategy's proposals related to zoning
code amendments and the Comprehensive Plan.
Commissioner DITULLIO asked if rents would be raised if money is invested in
NOAH units.
Ms. Mikulak agreed that would be the likely outcome if left to the market, but a
program that is well tested and very appropriate for housing stock would include
the City providing the funds to make investments in older NOAH units in exchange
for deed restrictions that requires rent to be income -qualified and/or capped. The
purpose of the program would be to preserve affordable housing stock and improve
its quality.
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February 2, 2023
In response to a question from Commissioner LARSON, Ms. Mikulak confirmed
there is no target for modifying the ratio of renter- and owner -occupied households
in the City.
Commissioner ANTOL commented that there is no way to regulate how much of
an increase a landlord can place on rent such as rent control to maintain
affordability.
Ms. Mikulak mentioned that rent control is not something that can be implemented
locally. Mr. Hirt added there will be space for these questions on the
implementation and the zoning framework of affordable housing and the strategy
to come.
B. Upcoming Dates
Ms. Mikulak mentioned there will be no Planning Commission Meeting on
February 16.
C. Project and Development Updates
Ms. Mikulak mentioned the Let's Talk neighborhood blitz in Paramount Park and
Southeast Wheat Ridge is wrapping up and will be presented to City Council on
February 13. She added that the development of the new hospital at Clear Creek
Crossing is approximately 1'/2 years from the target opening.
9. OLD BUSINESS
10. ADJOURNMENT
It was moved by Commissioner DITULLIO and seconded by Commissioner
SCHELKE to adjourn the meeting at 8:24 p.m. Motion carried 7-0.
Ch ir, la ning Commission Tammy OdeUn, Recording Secretary
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February 2, 2023