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HomeMy WebLinkAbout03-19-261. 2. 3. 4. 5. PLANNING COMMISSION Minutes of Meeting February 1912026 CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DISNEY 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: Kristine Disney Daniel Graeve Michael Moore Syrma Quinones Anna Sparks Commission Members Absent: Krista Holub Staff Members Present: PLEDGE OF ALLEGIANCE Marianne Schilling, Deputy City Manager Jana Easley, Planning Manager Stephanie Stevens, Senior Planner (via Zoom) Scott Cutler, Senior Planner Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. APPROVAL OF MINUTES — December 18, 2025 It was moved by Commissioner SPARKS and seconded by Commissioner MOORE to approve the minutes of December 18, 2025, as written. Motion approved 5-0. 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. 6. PUBLIC HEARING Planning Commission Minutes February 19, 2026 an A. Case No. SDP-25-2: An application filed by Dave & Buster's for approval of a Specific Development Plan (SDP) for a Dave & Buster's entertainment use on a property zoned Planned Mixed -Use Development (PMUD) located at 3800 Clear Creek Drive. Vice Chair DISNEY opened the public hearing. Ms. Easley 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 Comment No one wished to speak at this time. Commissioner SPARKS asked about the different levels of EV parking spaces delineated on the plans. Cody Offchiss, Kimley-Horn Engineering, applicant 645 Old Mitten Spur, Glenwood Springs Mr. Offchiss explained that different levels of EV parking refer to different levels of infrastructure, with six spaces installed immediately and future groundwork laid for additional parking, consistent with Wheat Ridge code. This includes space on the electrical panel, so future conduit installations can be made easier. Commissioner GRAEVE noted concerns about how the development fits with the character of Clear Creek Crossing, particularly the first SDP criteria. He acknowledged reading public comments expressing concerns about how Dave and Buster's might not fit with the types of businesses moving into the area, while understanding that other criteria seem to have been met and acknowledging the applicant's flexibility in accommodating design requirements. Commissioner DISNEY asked about a reference in the landscaping section stating that due to utility conflicts along major roadways, limited areas prevented tree planting. Ms. Easley clarified that this refers to underground utilities, such as water or sewer lines, over which trees cannot be planted. Vice Chair DISNEY closed the public hearing. Planning Commission Minutes - 2 — February 19, 2026 It was moved by Commissioner SPARKS and seconded by Commissioner MOORE to APPROVE Case No. SDP-25-2, a request for approval of a Specific Development Plan for a Dave & Buster's entertainment use on property zoned Planned Mixed -Use Development and located at 3800 Clear Creek Drive, 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 approve 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. Minor site adjustments may be required to the civil construction plans to coordinate this development with surrounding infrastructure improvements and to match the approved SDP. 2. The associated subdivision plat (Case No. SUB-25-13) shall be recorded prior to recording of the subject SDP. 3. The developer shall enter into a development agreement with the City to be recorded with the County Clerk & Recorder prior to issuance of building permits. 4. Building permit submittals shall be consistent with the SDP. Commissioner GRAEVE reiterated his concerns about the extent to which the development meets the first SDP criterion regarding the character of Clear Creek Crossing, noting that restaurants and businesses approved thus far seem to have a different character than Dave and Buster's. He sympathized with community concerns but acknowledged that the applicant has been flexible and accommodated the city's insistence on pedestrian, bicycle, and infrastructure requirements. He did not believe his concerns were enough to oppose the development but wanted them stated on the record. Commissioner SPARKS stated she was looking forward to Dave and Buster's, having been to the hospital frequently and thinking there should be a place where people can wait, have fun, and not dwell on difficult circumstances. Vice Chair DISNEY had no additional comments. Planning Commission Minutes -3- February 19, 2026 Motion approved 5-0. B. Case No. ZOA-26-2: An Ordinance supporting compliance with state legislation regarding housing -supportive code amendments to remain eligible for state funding opportunities. Vice Chair DISNEY opened the public hearing. Mr. Cutler gave a short presentation and background regarding the ordinance. He added that the city recently received a $4.5 million Transit Oriented Communities Infrastructure (TOCI) grant from the Colorado Energy Office because of compliance. To remain competitive, the city recognizes two changes need to be made in the zoning code: one related to ADUs and one related to expedited review for affordable housing. Public Comment No one wished to speak at this time. Commissioner QUINONES stated she did not understand what opposition there could be to the administrative site plan review, as it appears the review process will be expedited, and she does not see the risk. Mr. Cutler responded that there could be a situation where the Planning Commission wants to retain their right to vote on something. However, if a project meets zoning requirements, staff will recommend approval. Removing that risk and length of time from the process is why staff recommend this. In response to a question from Commissioner GRAEVE about the TOCI grant, Ms. Easley explained that the city applied for the TOCI grant on behalf of Foothills Regional Housing for their Ridge Road project at the old Ridge Home site. Project costs have significantly increased, first with unexpected remediation that exceeded expectations cost -wise. The TOCI grant will help with public infrastructure around the perimeter of the site, including sidewalks, main lines for utilities, and most everything going into the right-of-way. It will also help cover the cost of the intersection at Miller and Ridge Road, where the signal will have to move slightly, which will drive up costs significantly. The city is fortunate to have been awarded this grant to ensure the project does not fall apart due to financial infeasibility and to ensure the success of this affordable housing project. Commissioner GRAEVE acknowledged that the city has been quite proactive in anticipating and responding to state -level changes regarding housing and transit, which have been disruptive for many communities. He Planning Commission Minutes - 4 - February 19, 2026 found Wheat Ridge's can -do and proactive attitude refreshing, making the city appear forward -looking, and he appreciated it. Commissioner SPARKS stated she would not want the city to miss out on millions of dollars from state grants in the future. If this is what the state wishes, even though it takes away some authority from the commission, and if it makes sense to the state, it makes sense to her. Vice Chair DISNEY close the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws supporting compliance with state legislation regarding housing supportive code amendments to remain eligible for state funding opportunities. Commissioner MOORE stated he wanted to thank staff for the presentation and work. He was excited about what's happening at Ridge Road. Motion carried 5-0. C. Case No. ZOA-26-3: An Ordinance amending the Wheat Ridge Municipal Code to impose zoning limitations on the keeping of small animals. Vice Chair DISNEY opened the public hearing. Ms. Schilling gave a short presentation regarding the ordinance. Public Comment No one wished to speak at this time. Commissioner SPARKS asked about the system to help with roosters, similar to the system for barking dogs. Ms. Schilling explained that they are called "crow collars" and help with noise mitigation as best they can. Community service officers treat roosters similarly to barking dogs, where it's not necessarily always a noise violation but rather an expectation of reasonability regarding what you can expect from crowing or barking. Commissioner QUINONES asked if there are individuals in residential areas on less than one acre with more than one rooster. Planning Commission Minutes - 5 - February 19, 2026 Ms. Schilling responded that the city doesn't currently track this since no permit is required, so they don't have any numbers. Commissioner QUINONES asked what happens once this ordinance passes. Ms. Schilling explained that if a property had more than one rooster, it would likely be able to maintain their roosters, but as the roosters pass, they wouldn't be able to replace those roosters. Vice Chair DISNEY asked how many properties in Wheat Ridge are larger than an acre that would have roosters, noting there can't be many left. Ms. Easley, referring to a table from the previous agenda item, stated that there is very little agricultural or larger -than -one -acre residential property within the city, so it would be a very small percentage. Vice Chair DISNEY asked how animal control polices work —whether it's one strike, two strikes, three strikes. Ms. Schilling explained it's similar to how they police dogs. It would be a longer -term issue that wasn't being mitigated. Sometimes they request folks to bring their roosters indoors for a certain amount of time or wear crow collars, and they ask for support from owners. It depends on how often they're crowing, how loud, and how disruptive. There's no one -size - fits -all solution. Crow collars have proven helpful. Vice Chair DISNEY asked why roosters are necessary, noting they help breed chickens but questioning why someone would need a rooster. Commissioner SPARKS offered to answer, having grown up on a chicken farm. She explained that roosters have a large spur on the back of their leg and aggressively protect hens under their control. Many predators want to eat hens and eggs, and they're very clever. Sometimes roosters lead hens up into trees to protect them from ground -dwelling predators. Commissioner GRAEVE then noted finding one of the more interesting points in the materials: that all surrounding neighboring communities don't allow roosters. He asked what about the city's decision made City Council go a different direction than neighboring communities and actually permit them. Ms. Schilling clarified that the city has always implicitly allowed roosters through allowing poultry, so that hasn't changed. Now they would be Planning Commission Minutes - 6 — February 19, 2026 explicitly allowing roosters for lots of a certain size. She stated that City Council was trying to maintain its urban agricultural roots and felt areas and lots of that size make sense. For City Council, there wasn't any perspective during the conversation where they felt it was worth abandoning roosters completely. Commissioner MOORE asked whether the city currently has a swine problem or if this is more battening down the hatches. Ms. Schilling stated she's not aware of an existing swine problem. Ms. Easley added that the city does get inquiries, and the code is somewhat unclear. Vice Chair DISNEY closed the public hearing. It was moved by Commissioner GRAEVE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the keeping of small animals and making conforming amendments therewith. Commissioner GRAEVE offered a quick comment, noting that he's known people who have gotten chicks and don't know when they arrive if it will be a hen or a rooster. What if one turns out to be a rooster? Urban folks with chickens then have to do something with the rooster. As someone who embraced the city's urban agriculture reputation many years ago, it's comforting to see this carried forward and the city being bold enough to allow folks to have something on their property that is an element of sustainability and can be beneficial in many ways. He commended this decision by council and the city. Motion carried 5-0. 7. OLD BUSINESS 8. NEW BUSINESS A. Upcoming Dates Ms. Easley confirmed there is no meeting on March 5 but possibly on March 19. B. Project and Development Updates Ms. Easley provided several updates including that former City Councilor Janeece Hoppe has been newly elected as city clerk, and the city is Planning Commission Minutes - 7 — February 19, 2026 fortunate to have her in that role. Also, the deconstruction of the American Motel and portions of the main hospital buildings on the former Lutheran site will begin over the next month or so. Ms. Easley also informed the commissioners that Planning Commission appointments are being held on Monday evening and, at the next meeting, there will be Chair and Vice Chair appointments. Ms. Easley shared that Parks and Community Development have a joint grant application through Jefferson County Open Space to acquire the remnant RTD parcel. She loosely called it a remnant leftover for possible future parking by the Wheat Ridge Ward station. It is a long, skinny parcel that has never had anything done with it. It was set aside years ago when RTD acquired land for future additional parking, but that doesn't appear to be needed. The city is seeking a grant to purchase that land so it could be turned into green space with a trail connection from one end to the other, for instance from the Parallel Apartments over to the Ridge at Ward station. That would be an improvement in the area, and she will try to keep commissioners posted. She also mentioned that 7 Brews have opened both on Wadsworth and Kipling, so people should grab a coffee, and Primrose daycare in Clear Creek Crossing also received its certificate of occupancy, so everything is moving along swiftly. C. Commissioner Updates Commissioner SPARKS noted that, as an engineer, Engineers Week is currently being celebrated until February 28. This is a time to spotlight the impact of the profession, inspire the next generation of innovators, and celebrate how engineering shapes the world. Vice Chair DISNEY thanked her, calling it exciting. 10. ADJOURNMENT It was moved by Commissioner MOORE and seconded by Commissioner GRAEYE to adjourn the meeting at 7:38 p.m. Motion carried 5-0. Kristine Disney ice Chair Planning Commission Minutes February 19, 2026 77 re2l Tammy Od , Recording Secretary