Planning Commission

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Planning Commission Tuesday, March 7, 2023 6:00 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The meeting will be live on Channel 8 and c3gov.com/video. Zoom Registration: https://c3gov.zoom.us/webinar/register/WN_qcnt_H5rTV-dDXT HUJmnYw This meeting will be held in person in the City Council Chambers (location above). There will be general public physical access to this meeting or virtual participation by using the Zoom link above. Call to Order The meeting was called to order at 6:00 p.m. Pledge of Allegiance Roll Call Staff in Attendance: Matt Hader, Deputy City Attorney Tricia McKinnon, Acting Community Development Director Steve Timms, Planning Manager Jennifer Jones, Principal Planner Dalton Guerra, Planner Omar Yusuf, Planner Evelyn Flores, Planning Commission Liaison Deputy Police Chief Sadar Wendi Nafziger, Business Development Manager Present 5 - Commissioner Andrew Amador, Commissioner Debra Eggleston, Commissioner Garret Biltoft, Commissioner Jordan Ingram, and Alternate Commissioner Steven J. Douglas Absent 2 - Commissioner Angela VanDijk, and Commissioner Roger Japp Approval of Minutes: Min 23-054 Approval of minutes for February 7, 2023, Planning Commission Attachments: February 7, 2023 Minutes A motion was made that the Minutes be continued VOTE: Ayes: 2- Commissioner Amador and Commissioner Ingram Commerce City Page 1 Planning Commission Meeting Minutes - Final March 7, 2023 Abstentions: 3- Commissioner Eggleston, Commissioner Biltoft and Alternate Commissioner Douglas Case(s): Pres 23-128 CU-91-10-15-23: CoreCivic is requesting the approval of a Conditional Use Permit in order to continue the operation of a community corrections facility at 4901 Krameria Street, located within the I-1S zone district (Industrial Park Storage District). Attachments: Staff Report Vicinity Map Applicant Narrative Site Plan Previous Conditional Use Permit Neighborhood Meeting Summary Comment Letters Mailed Notice Public Notice Sign Posting Matt Hader, Deputy City Attorney, introduced the case, and staff presenting the case. Dalton Guerra, Planner presented the case. Steve Douglas, Commissioner questioned if the 180-bed maximum is current. Victoria Longstrum, Applicant and Director at CoreCivic verified in 2007 the bed maximum was 120. During their Conditional Use Permit renewal in 2010 they requested to increase to a 136 maximum. The 136 bed maximum has remained to this day. Steve Douglas, Commissioner sought confirmation from staff of the funding CoreCivic contributes to Commerce City via property tax. Debra Eggleston, Commissioner requested information on CoreCivic's success rates. Victoria Longstrum, Applicant stated the following success rates over the past three years: 2022 over 50%, 2021 60% 2020 52%. There were no further questions or comments. A motion was made by Commissioner Ingram, "I move that the Planning Commission enter a finding that the requested Conditional Use Permit for the property located at the 4901 Krameria Street contained in case CU-91-10-15-23 meets the criteria of the Land Development Code and, based upon such finding, recommend that the City Council approve the Conditional Use Permit subject to the following conditions: A. An expansion of the operation of this facility in any capacity shall require a new Conditional Use Permit to address potential adverse effects on adjacent properties including but not limited to the character of the neighborhood, traffic, parking, and public improvements. Commerce City Page 2 Planning Commission Meeting Minutes - Final March 7, 2023 B. The applicant shall continue to operate the Neighborhood Advisory Board with a Commerce City Police Department representative to ensure that all potential adverse effects related to public safety will be mitigated to the maximum extent feasible.", seconded by Commissioner Eggleston, that this case is recommended for approval VOTE: Ayes: 5- Commissioner Amador, Commissioner Eggleston, Commissioner Biltoft, Commissioner Ingram and Alternate Commissioner Douglas Pres 23-127 Z-962-20-23: QuikTrip Corporation is requesting an Annexation Zone Change from ADCO PUD (Adams County Planned Unit Development) to Commerce City PUD (Planned Unit Development) for commercial development of the 14.7 acre property generally located at the southwest corner of East 81st Avenue and Tower Road. Attachments: Staff Report Vicinity Map Applicant Narrative Site Plan Conceptual Elevations Landscape Plan PUD Zone Document Comment Letters Design Guidelines Mailed Notice Public Notice Sign Posting Matt Hader, Deputy City Attorney, introduced the case and staff presenting the case. Dalton Guerra, Planner presented the case. Steve Douglas, Commissioner expressed concern over the street corner being difficult for trucks to turn into due to industrial corridor. He added that residents use the lanes as well which causes issues. Andrew Amador, Acting Chair questioned if there is a parallel Subdivision process. Matt Hader, Deputy City Attorney confirmed there is, and the planning manager can explain any further questions for the Subdivision that is under administrative review. Garret Biltoft, Commissioner asked if there have been discussions on storm water mitigation and fueling drainage related to second creek. Dalton Guerra, Planner confirms there have been many discussions around this topic but defers the questions to the applicant as he was in direct contact with the Mile High District and Public Works. Mike Talcott, Applicant presented. Mr. Talcott went in depth to answer Commissioner Biltoft’s question. Applicant stated he worked with Public Works and Mile High District to create a master drainage plan to ensure there is no flood plain concerns. The Commerce City Page 3 Planning Commission Meeting Minutes - Final March 7, 2023 applicant added, the tanks are further away, and the engineering was designed in a way to capture a spill before going into the water stream in case an event of that nature were to take place. He also note that the tanks are triple walled to prevent leakage and monitored 24/7. Steve Douglas, Commissioner asked if this is only an Annexation case, Zoning case or both. Matt Hader, Deputy City Attorney confirmed this is an Annexation Zoning case but is the initial zoning upon annexation. Steve Douglas, Commissioner reviewed the Land Development Code and has concerns with the location and traffic. Specifically, the entrance and south bound traffic which could cause accidents. Mike Talcott, Applicant notes a traffic study was updated twice after COVID-19. Public Works and engineering reviewed any impact and this plan can function as good or better. Steve Douglas, Commissioner asked staff to clarify the map and traffic entrance view. Dalton Guerra, Planner shared an aerial of the site plan showing the southbound entrance. Steve Douglas, Commissioner refers to criteria of the Land Development Code. Dalton Guerra, Planner reiterates that Public Works and engineering reviewed multiple times before approving. Matt Hader, Deputy City Attorney reminds the commission that this is only about the future planning of the area. Steve Douglas, Commissioner comments he feels this is not on the criteria of good planning. Andrew Amador, Acting Chair asks the question in a different way to ensure the question and concerns are understood. Steve Timms, Planning Manager comments the point of the plan is shown for illustration purposes but the specific question at hand is if this site is fit for commercial uses. Mike Talcott, Applicant confirms there will be an acceleration lane that is not currently shown on the site plan. Steve Douglas, Commissioner asks if there is an accelerated lane will work with this design and has concerns of location and a commercial site and traffic and safety. No further comments were made. A motion was made by Commissioner Biltoft, "I move that the Planning Commission enter a finding that the requested PUD Zone Document for the property located at the South West corner of East 81st Avenue and Tower Road contained in case Z-962-20-23 meets the criteria of the Land Development Code and, based upon such finding, recommend that the City Council approve the Commerce City Page 4 Planning Commission Meeting Minutes - Final March 7, 2023 PUD Zone Document.", seconded by Commissioner Ingram, that this case is recommended for approval VOTE: Ayes: 4- Commissioner Amador, Commissioner Eggleston, Commissioner Biltoft and Commissioner Ingram Nayes: 1- Alternate Commissioner Douglas Pres 23-129 CU-133-23: Doka USA is requesting the approval of a Conditional Use Permit in order to allow outdoor storage of scaffolding and related equipment up to 30-feet in height for the approx. 11.8 acre property located at 8780 E. 93rd Street, zoned (PUD) Marty Farms Planned Unit Development District. Attachments: Staff Report Vicinity Map Applicant Narrative Site Plan Comment Letters Mailed Notice Public Notice Sign Posting Staff Presentation Matt Hader, Deputy City Attorney, introduced the case and staff presenting the case. Omar Yusuf, planner presented. Donald Winters, Applicant presented. No comments were made A motion was made by Commissioner Ingram, "I move that the Planning Commission enter a finding that, subject to certain conditions, the requested Conditional Use Permit for the property located at 8780 East 93rd Place contained in case CU-133-23 meets the criteria of the Land Development Code and, based upon such finding, recommend that the City Council approve the Conditional Use Permit.", seconded by Commissioner Douglas, that this case is recommended for approval VOTE: Commission Business: Andrew Amador, Interim Chair requested updates on the status of a new regular member of the commission. Steve Timms, Planning Manager confirms there is one vacancy and should be filled by May. Attorney Business: Matt Hader, Deputy City Attorney reviewed the voting rules. The minutes failed and they will be continued to the next meeting. Commerce City Page 5 Planning Commission Meeting Minutes - Final March 7, 2023 Staff Business: Steve Timms, Planning Manager updated commissioners on a special meeting in April due to department conflicts. Adjournment The meeting adjourned at 7:13 p.m. Commerce City Page 6