Planning Commission

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Planning Commission Tuesday, April 18, 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_8fepsRtbSZyz_zV2 Zq9vqw 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 6:01pm Present 5 - Commissioner Andrew Amador, Commissioner Angela VanDijk, Commissioner Garret Biltoft, Commissioner Jordan Ingram, and Commissioner Roger Japp Roll Call Staff in Attendance: Mat Hader, Deputy City Attorney Tricia McKinnon, Acting Community Development Director Jennifer Jones, Acting Planning Manager Libby Tart, Senior Planner Stacy Wasinger, Planner Kim Adame, Planning Commission Liaison Present 5 - Commissioner Andrew Amador, Commissioner Angela VanDijk, Commissioner Garret Biltoft, Commissioner Jordan Ingram, and Commissioner Roger Japp Pledge of Allegience Approval of Minutes: Min 23-108 Meeting Minutes - Draft - Tuesday, March 7, 2023 A motion was made that the minutes be approved. VOTE: Ayes: 5- Commissioner Amador, Commissioner VanDijk, Commissioner Biltoft, Commissioner Ingram and Commissioner Japp Case(s): Commerce City Page 1 Planning Commission Meeting Minutes - Final April 18, 2023 Pres 23-278 Z-994-23: Hampton Yard 8, LLC is requesting a Zone Change from Agricultural District (AG) to Heavy-Intensity Industrial District (I-3) for the approx. 0.41-acre parcel located at 3801 E. 64th Avenue. Attachments: StaffReport_Z-994-23 VicinityMap ApplicantNarrative NeighborhoodMeetingSummary DrainageReport EnvironmentalReviewAgency AgencyReviewCommentsCompiled 8_Estimated Landfill extents Legal Notice Matt Hader, Deputy City Attorney, introduced the case and staff presenting the case. Stacy Wasinger, planner, presented the case Acting Chairperson, Andrew Amador, thanked staff and invited the applicant to speak. Hampton Yard 8, LLC presented and spoke that they meet the criteria of approval for replat and rezoning. There was discussion regarding the impervious paving and monitoring the existing landfill and how Tri County has already seen the reports and approved. At this time, Amador thanked staff and the applicants for their time and invited the public to speak. Jean King,6530 Colorado Blvd, spoke on her concerns that the area used to be all farms and now they are all industrial. This raises concern for the small community of residential houses and how that can lessen the value. She also noted that adding a building on the 20 acre would improve the image. Deputy City Attorney, Matt Hader, stated that the planning staff can speculate once we get into the process of the development plat, but right now it's a rezoning and replat. A motion was made by Commissioner VanDijk: "I move that the Planning Commission enter a finding that the requested Zone Change for the property located generally at 3801 E. 64th Avenue contained in case Z-994-23 meets the criteria of the Land Development Code and based upon such finding, recommend that the City Council approve the Zone Change." VOTE: Ayes: 5- Commissioner Amador, Commissioner VanDijk, Commissioner Biltoft, Commissioner Ingram and Commissioner Japp Pres 23-279 Z-544-91-94-23: Hampton Yard 8, LLC is requesting a Zone Change from Heavy-Intensity Industrial District (I-3) with conditions to Heavy-Intensity Industrial District (I-3) without any conditions, for the approx. 20.08-acre parcel generally located at 3741 E. 64th Avenue. Commerce City Page 2 Planning Commission Meeting Minutes - Final April 18, 2023 Attachments: 1_StaffReport_Z-544-91-94-23 2_VicinityMap 3_ApplicantNarrative 4_1991ZoningOrdinance 5_NeighborhoodMeetingSummary 6_DrainageReport 7_EnvironmentalReviewAgency 8_AgencyReviewCommentsCompiled_Z 9_Estimated Landfill extents 10_LegalNotice A motion was made by Commissioner Ingram: "I move that the Planning Commission enter a finding that the requested Zone Change for the property located generally at 3801 E. 64th Avenue contained in case Z-994-23 meets the criteria of the Land Development Code and based upon such finding, recommend that the City Council approve the Zone Change." VOTE: Ayes: 5- Commissioner Amador, Commissioner VanDijk, Commissioner Biltoft, Commissioner Ingram and Commissioner Japp Pres 23-280 S-755-23: Hampton Yard 8, LLC is requesting a Consolidation Plat to consolidate two existing parcels into one industrial lot and dedicate right-of-way. The property is approx. 20.49 acres in size and is generally located at the northeast corner of E. 64th Avenue and Monroe Street. Attachments: 1_StaffReport_S-755-23 2_VicinityMap 3_ApplicantNarrative 4_LeeperIndustrial_Plat 5_NeighborhoodMeetingSummary 6_DrainageReport 7_EnvironmentalReviewAgency 8_AgencyReviewCommentsCompiled_S 9_Estimated Landfill extents 10_1991DevelopmentAgreement LegalNotice A motion was made by Commissioner Ingram:"I move that the Planning Commission enter a finding that the requested Consolidation Plat for the property located generally at 3741 and 3801 E. 64th Avenue contained in case S-755-23 meets the criteria of the Land Development Code and based upon such finding, recommend that the City Council approve the Consolidation Plat. " VOTE: Commerce City Page 3 Planning Commission Meeting Minutes - Final April 18, 2023 Ayes: 5- Commissioner Amador, Commissioner VanDijk, Commissioner Biltoft, Commissioner Ingram and Commissioner Japp Pres 23-281 CU-130-23: Waste Connections is requesting the approval of a Conditional Use Permit to allow a recycling facility on the approx. 16.92-acre property located at 4150 E. 60th Avenue, zoned Heavy-Intensity Industrial District (I-3). Attachments: 01. Staff Report 02. Vmap 03. Applicant Narrative 04. Applicant Description of Uses and Operations 05. Development Plan 06. Traffic Study 07. Agency Review Comments 4-18-23 08. Letters of Support LegalNotice Deputy Attorney, Matt Hader presented the staff and the case Libby Tart, Senior Planner, presented case. Acting Chairperson Amador invited the applicant, Barrett Jensen from Waste Connections of Colorado Inc to present. Amador thanked the staff and the applicant and asked if the board if they have any questions Commissioner Ingram noted that he likes the use of the property and if there was a traffic study on the 60th with the amount of the recycling trucks and 90+ employees. Applicant stated that the there would be minimal impact to the surrounding area to include 60th and Vasquez. There was further discussion on the operation plan and that they have resources to identify where materials need to be going and make sure that they do not go back to the community, ensuring that there is a limited incidental waste. There was further conversation that there should be another possible CUP to keep the site clean and the improvements of the landscape doesn't have a curve and gutter. Waste Management engineer, Jim, made note that the 60th avenue will be adding the curve and gutter. Aaron Bradley, Regional Vice President for Waste Management stated that they are much cleaner than Waste Connections and will hire full time employees to pick up materials and have other responsibilities. Seeing no further comments from the board, Amador invited the public to speak. Wendi Nafziger, Economic Development-Business Development Manager with the City of Commerce City, commented that adding this business will make other green businesses more attracted to Commerce City. Deputy City Attorney, Matt Hader, wanted to make sure that they make an un bias Commerce City Page 4 Planning Commission Meeting Minutes - Final April 18, 2023 decision since someone from the city spoke on this. Hader further stated that all operations to be conducted indoors, all recycling processing be conducted indoors and wanted to consider where we have other means of enforcement to site a property, rather than adding that to the CUP. Amador wanted to make sure that the site is in compliance, that they are reasonable conditions, and that recycling processes should be conducted indoors. Amador called for a motion: "I move that the Planning Commission enter a finding that the requested Conditional Use Permit for the property located at 4150 East 60th Avenue, contained in case CU-130-23, 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. A Fire Mitigation and Emergency Preparedness Plan(s) shall be supplied to the South Adams County Fire Department and to the Community Development Department upon approval by the South Adams County Fire Department. All fires shall immediately be reported to the South Adams County Fire Department. B. Copies of any applicable state or federal agency regulatory permits and inspections shall be provided to the Planning Division prior to commencement of operations. C. Methane detection and control devices shall be installed in all structures where and when deemed necessary by the Fire Marshal or Adams County Health Department. D. No outdoor storage of recyclable materials E. Site shall be cleaned of debris outside of the recycling structure F. All recycling processes shall be conducted indoors VOTE: Ayes: 5- Commissioner Amador, Commissioner VanDijk, Commissioner Biltoft, Commissioner Ingram and Commissioner Japp Board Business: Vice Chairperson Amador voted the election of officers: Planning Commission of the board officer nominations: Chairperson Nominee: Andrew Amador be the Chairperson of the Planning Commission VOTE: All (5) vote Aye, effective end of today Vice Chaiperson Nominee: Garret Biltoft to be the Vice Chairperson of the Planning Commission VOTE: All (5) vote Aye, effective end of today Commissioner Ingram noted that sometime in the summer he will be relocating out of Commerce City Page 5 Planning Commission Meeting Minutes - Final April 18, 2023 state. Attorney Business: Matt Hader asked that they have accurate email addresses for the Vice Chairperson and the Chairperson so that he can send the rules and procedures documents. Staff Business: Acting Planning Manager,Jennifer Jones, said that the cases that they heard will go to City Council May 15, 2023 and they will have a PC meeting on May 02, 2023 and on June 06, 2023, and July 05, 2023 asked that if they would like to schedule a special meeting for July or not and to inform staff what their decision is in May. Board to consider the July PC meeting dates. Adjournment Meeting called for adjournment at 7:46pm Commerce City Page 6