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PLANNING COMMISSION
Minutes of Meeting
April 20, 2023
CALL THE MEETING TO ORDER
The meeting was called to order by Vice Chair DISNEY at 6:31 p.m. This meeting was
held in person and virtually, using Zoom video -teleconferencing technology.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Kristine Disney
Daniel Larson
Janet Leo
Jonathan Schelke
Julianne Stern
Jerry DiTullio
Will Kerns
Staff Members Present: Lauren Mikulak, Community Development Director
Scott Cutler, Senior Planner
Rocky Macsalka, Civil Engineer II
Tammy Odean, Recording Secretary
PLEDGE OF ALLEGIANCE
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner STERN and seconded by Commissioner LEO to
approve the order of the agenda. Motion carried 5-0.
APPROVAL OF MINUTES — April 6, 2023
It was moved by Commissioner LARSON and seconded by Commissioner
SCHELKE to approve the minutes of April 6, 2023, as written. Motion carried 4-0-
1 with Commissioner LEO abstaining.
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.
Planning Commission Minutes
April 20, 2023
7. PUBLIC HEARING
A. Case No. WS-21-05: an application filed by Rich Gebele for approval of a major
subdivision consisting of two lots and dedication of full street width right-of-way
at 4600 Kipling St.
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.
Commissioner SCHELKE inquired why both sidewalks will not be the same width
and asked when they will be installed.
Mr. Cutler clarified the Subdivision Improvement Agreement obligates the
property owner to construct sidewalks within a certain timeframe and some happen
concurrently with the development; adding that the Streetscape Design Manual
calls for a 1 Oft. sidewalk on Kipling and 6ft. on 44th Avenue. Ms. Mikulak also
mentioned the 6ft. width on 44th Avenue tie into existing sidewalks that are already
constructed.
Commissioner LARSON inquired if the plat will stay in line with the Concept
Plan, or if it will be changed as time goes on.
Mr. Cutler explained that the plat is in compliance with the Concept Plan, and it is
setting up future development based on the Concept Plan, this also includes the
amenity space in the south block.
Commissioner LARSON also asked if this property had ever been developed in the
past.
Ms. Mikulak clarified it had not been developed and before the zone change part of
the property was a planned development but had not been acted upon.
Commissioner STERN asked what next steps are for Planning Commission and
City Council if the plat is approved.
Mr. Cutler explained that no further action from the Commission or Council is
needed because the development within the site will be administrative due to the
zoning requirements only needing staff review.
Commissioner STERN is curious how this development will align with the 44th
Avenue Subarea Plan.
Planning Commission Minutes - 2 —
April 20, 2023
Ms. Mikulak clarified that because it is part of a mixed -use zone district the code
requires high -quality architecture, urban form and pedestrian connectivity which
align with the Concept Plan and the 441h Avenue Subarea Plan.
Public Comment
Ryan Austin, resident
4325 Iris Street
Mr. Austin gave his support for this development being a dense mixed -use multi-
family building but does not think this development reflects Wheat Ridge's future
vision due to lack of outdoor communal areas and no larger sidewalks.
Commissioner DISNEY closed the public comment.
Commissioner LARSON commented that this is an important step forward and
excited to see the vacant land developed.
Commissioner LEO also said she is very excited to see this property be developed
because it has been vacant too long.
Commissioner STERN believed the site has a lot of opportunity and is hopeful the
developer is thoughtful about place making and makes an effort to be respectful to
the 441h Avenue Subarea Plan vision.
It was moved by Commissioner LEO and seconded by Commissioner
LARSON to recommend approval of Case No. WS-21-05, a request for
approval of a major subdivision with two (2) lots and full street right-of-way
dedication on property zoned Mixed Use -Commercial (MU-C) located at 4600
Kipling Street, 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 of the zoning and development code
have been met.
With the following conditions:
1. A Subdivision Improvement Agreement shall be required to be
recorded with the plat, outlining the developer's/owner's current and
future obligations to construct public and on -site improvements to
allow development to proceed.
2. Future plats shall be required to create the necessary on -site
easements within each block, to be coordinated with future
development.
Planning Commission Minutes - 3 —
April 20, 2023
3. Minor typographical corrections as required by the Engineering
Division shall be completed prior to plat recordation.
Motion carried 5-0.
B. Case No. ZOA-23-04: An ordinance amending Article I and IV of Chapter 26 of
the Wheat Ridge Code of Laws, concerning general modernization and cleanup of
the City's subdivision requirements, and making conforming amendments
therewith.
Mr. Cutler gave a short presentation regarding the amendment.
Commissioner LEO asked if the code amendment would impact the perception or
difficulty of developing in Wheat Ridge.
Ms. Mikulak clarified that over the last 10-15 years that trend has shifted and most
developers are enjoying doing work in the City. She added that the majority of the
cleanup is fixing the code sections that are outdated and conflicting and therefore
the amendment may result in better customer service.
Commissioner STERN said she would like to hear more about the goal of
establishing HOAs.
Mr. Cutler explained there are not a lot of HOAs in the City and the pattern of new
development specifically with townhomes is there are more common amenity
spaces that the City is not going to take over ownership and that is when an HOA is
necessary to maintain the common infrastructure. Ms. Mikulak added that HOAs
have been required in the last 20 years or so for the maintenance of detention
ponds.
In response to a question about Metro Districts, Ms. Mikulak explained that a
Metro District is a special district that has authority under state statute and the City
has only 3 townhome projects that are in Metro Districts. She added it falls to the
decision of City Council to agree on a Metro District's service plan in terms of how
the mill levy is assessed, which is a formal process. Mr. Cutler added, that for
HOAs, staff does not approve the covenants but reviews them to ensure that
maintenance obligations are covered.
Public Comment
No one wished to speak at this time.
Commissioner LARSON appreciates the work of staff and supports staff s effort.
It was moved by Commissioner STERN and seconded by Commissioner LEO
to recommend approval of the proposed ordinance amending Articles I and
Planning Commission Minutes - 4 —
April 20, 2023
IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning general
modernization and cleanup of the City's subdivision requirements, and
making conforming amendments therewith.
Motion carried 5-0.
8. NEW BUSINESS
A. Preview of Upcoming Code Amendments
Ms. Mikulak and Mr. Cutler gave a brief explanation of a few upcoming code
amendments including related to cleanup of the mixed -use code, daycare centers,
affordable housing parking requirements, utility underground requirements,
subdivision public notice/hearings and electric vehicle (EV) parking/charging.
B. Upcoming Dates
Ms. Mikulak mentioned there will not be a May 4 meeting but there will be cases
to be heard on May 18.
C. Project and Development Updates
Nothing at this time.
9. OLD BUSINESS
10. ADJOURNMENT
It was moved by Commissioner STERN and seconded by Commissioner LARSON
to adjourn the meeting at 7:30 p.m. Motion carried 6-0.
P
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74WTullio', Chair
Planning Commission Minutes
April 20, 2023
Tammy Ode Recording Secretary
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