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PLANNING COMMISSION
Minutes of Meeting
December 7, 2023
CALL THE MEETING TO ORDER
The meeting was called to order by Chair DITULLIO at 6:30 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
Staff Members Present
PLEDGE OF ALLEGIANCE
Kristine Disney
Jerry DiTullio
Daniel Graeve
Janet Leo
Patrick Quinn
Will Kerns
Jonathan Schelke
Jana Easley, Planning Manager
Ella Stueve, Senior Neighborhood Planner
Alayna Olivas-Loera, Planner II
Tammy Odean, Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by consensus to approve the order of the agenda.
APPROVAL OF MINUTES — November 2, 2023
It was moved by Commissioner QUINN and seconded by Commissioner DISNEY to
approve the minutes of November 2, 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
December 7, 2023
-1—
7. PUBLIC HEARING
A. Case No. WZ-23-10: an application filed by Elham Nekouie for approval of a
zone change from Commercial -One (C-1) to Mixed Use -Neighborhood (MU-N) on
a property located at 10390 West 38th Avenue.
Chair DITULLIO opened the public hearing.
Ms. Olivas-Loera 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, 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.
Public Input
Tom Brickey, resident
4 Rangeview Drive
Mr. Brickey stated he takes exception with the idea that there is overwhelming
support from the neighborhood for this development and believes townhomes are
inconsistent with the single-family homes in the area. He also mentioned he is
concerned about parking and increased traffic.
Richard Cauchi, resident
3651 Miller Court
Mr. Cauchi mentioned he neither opposes nor supports this zone change but agrees
residential is the way to go. His only concern for residential is the possible density
with townhomes.
Patrick Berrend, applicant
Summit Design & Engineering
Mr. Berrend addressed some of the concerns and mentioned that the zone change
will lower the possible density and the future design concepts would be 10-12 high
quality town home as opposed to apartments. He also stated that they will try to
avoid on street parking by adding structured parking on site.
Issues with public input for those on Zoom, to be continued later in meeting.
Commissioner DISNEY does not believe townhomes are out of character for the
area because there are planned developments along 38th Avenue with a mix of
multi -unit housing, but mentioned her concern is high density and would like the
developer to keep the number of units to 10 instead of more. She also mentioned
she understands the construction cost due to the developer.
Planning Commission Minutes - 2 —
December 7, 2023
Mr. Berrend agreed there will be construction costs for this site and mentioned that
Lena gulch is one of the driving forces because the entire property is not
developable.
In response to a question from Commissioner LEO, Ms. Olivas-Loera explained
that the zone change is for this property only not all the others that are also C-1
because the other property owners have not applied for a zone change.
Commissioner QUINN asked to have the build to area explained.
Ms. Olivas-Loera clarified that a setback is certain distance that a building can be
from the property line and the build to is the opposite and the building must be a
certain distance up to the property line. She added the build to in this instance is 0-
12 feet.
Commissioner QUINN's only concern is with the shading on 38th Avenue from the
building during the wintertime and the creation of ice on the roadway.
Ms. Oliva-Loera and Ms. Easley explained there will be bulk plane requirements in
place and the easement in the front will help with the setback of the buildings.
In response to a question from Commissioner LEO, Ms. Olivas-Loera explained
that the property lines, in the pictures of the staff report; are not survey accurate
and there is a bit of distortion.
Commissioner GRAEVE asked if there is a requirement for sidewalks to be built
around this development.
Ms. Olivas-Loera said that typically with a site plan review there are public
improvement requirements, and the engineering department will address this
during the review process.
Continuation of Public Input
There were technical issues with trying to get Fran Langdon to connect so
Commissioner DITULLIO asked her to attend the City Council Meeting.
Scott Sicard, resident
3685 Miller Court
Mr. Sicard mentioned he has concerns with parking on to the street and said there
are already issues with apartments in the neighborhood.
Planning Commission Minutes - 3 —
December 7, 2023
Mr. Berrend said it is unknown yet how many parking spaces will be on site per
unit, but it is a requirement to have 1-2 spaces per unit and there will most likely be
garages in each townhome.
Chair DITULLIO closed the public input and public hearing.
Commissioner DISNEY mentioned she is going to vote to approve this zone
change because housing is needed in the city and feels this development is
appropriate for this area.
Commissioner QUINN agreed with Commissioner DISNEY and believes there is a
need to have more than single-family homes in this area and 10 townhomes seems
fair to support.
It was moved by Commissioner QUINN and seconded by Commissioner LEO
to recommend APPROVAL of Case No. WZ-23-10, a request for approval of
a zone change from Commercial -One (C-1) to Mixed -Use Neighborhood (MU-
N) for property located at 10390 West 3811 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. Utility infrastructure adequately services the property.
3. The proposed zone change is consistent with the goals and objectives of
the City's Comprehensive Plan.
4. The zone change will provide additional opportunity for reinvestment
in the area.
5. The criteria used to evaluate a zone change supports the request.
Motion carried 5-0.
8. OLD BUSINESS
9. NEW BUSINESS
A. Upcoming Dates
Ms. Easley mentioned there will not be a Planning Commission meeting on
December 21 and there is a possibility there could be a meeting held on January 4
or January 18 and will keep everyone posted.
Ms. Easley introduced the City's newest Senior Neighborhood Planner Ella Stueve
Ms. Stueve mentioned she is happy to have joined the City 2 months ago and has
been a planner for 11 years most recently in Denver. She has moved to the Wheat
Planning Commission Minutes -4—
December 7, 2023
Ridge area and will be leading the update to the City Plan. She looks forward to
working with the Commissioners.
B. Project and Development Updates
Ms. Easley mentioned CO's have been issued for Chick-fil-a and First Watch, and
Tabor Lake apartments and the Commons on 38t' are close to getting their COs.
She also let the Commissioner know that the Property and Project Map is up and
working on the website. Ms. Easley also mentioned the City Plan contract award
will be heard at City Council on Monday, December 11.
C. Commissioner Updates
Commissioner QUINN thanked staff for the Property and Project Map and thought
it is very useful.
Commissioner DITULLIO mentioned that after the Special Session to the
legislature the County Assessor will be revamping the tax rate and wanted to alert
the community to the changes.
10. ADJOURNMENT
It wa;zln
ved by Commissioner QUINN and seconded by Commissioner GRAEVE
to adt ee eeting at 7:22 p.m. Motion carried 5-0.
Je ry OVf ullio, Chair Tammy ea Recording Secretary
Planning Commission Minutes - 5 —
December 7, 2023