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Planning Commission

Regular Meeting

Commerce City, CO · August 6, 2024

AgendaMinutes

Minutes

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Planning Commission Tuesday, August 6, 2024 6:00 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The public can participate virtually by registering in advance with the Zoom Registration: https://c3gov.zoom.us/webinar/register/WN_yLBU4fVFSlekg0f 58FqVDg Meetings occur in person in the City Council Chambers (location above). The public can watch the meeting live on the city’s public access TV or Xfinity cable channels 8 and 881 or on our YouTube channel. The Zoom link above allows virtual participation. New Commission Member Orientation - 4:30 PM Orientation held in Conference Room 2108 Call to Order - 6:01 PM The meeting is called to order at 6:01 PM Present 5 - Commissioner Timothy Hoskens, Commissioner Robb Shecter, Commissioner Debra Eggleston, Commissioner David Sanchez, and Commissioner Steven Vanheusen Excused 1 - Commissioner Garret Biltoft Roll Call A motion was made by Commissioner Shecter and seconded by Commissioner Hoskens to vote upon a Temporary Chairperson to run this meeting. Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Approval of Minutes: Min 24-129 July 2,2024 Planning Commission Meeting Minutes A motion was made by Commissioner Eggleston, seconded by Commissioner Hoskens, that this Minutes be approved VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Public Hearings Commerce City Page 1 Planning Commission Meeting Minutes - Final August 6, 2024 Pres 24-432 Z-973-21-24: Anderson-CRP Trust is requesting approval of an Annexation Zone Change for three parcels from ADCO A-3 (Adams County Agricultural-3) to Commerce City PUD (Planned Unit Development). The subject property is approximately 120.94 acres and is located at 9901 Chambers Road. This item was continued from the July 2nd Planning Commission Meeting A motion was made by Commissioner Eggleston to reopen the Anderson Ranch Hearing Case and seconded by Commissioner Hoskens. Vote: Ayes: 5 - Commissioner Eggleston, Commissioner Hoskens, Commissioner Sanchez, Commissioner VanHeusen, and Commissioner Shecter. Commissioner VanHeusen and Commissioner Sanchez recused themselves from the hearing. Planner, Nathan Chavez announced the case followed by a presentation from the applicants and staff. There were 2 members of the public that provided comments in opposition of the proposal. A motion was made by Commissioner Hoskens and Commissioner Eggleston proposed a condition on 102nd avenue. Interim Director, Jeff Brasel, clarified that this application for the Plan Unit Development approves the zoning and the next step in the process would be the subdivision plat and they wouldn't be able to plat land they don't own. Commissioner Eggleston withdrew her condition. A motion was made by Commissioner Hoskens, "I would like to move that the Planning Commission find the requested plan unit development zoning for the property located at 9901 Chambers Road contained in case Z-973-21-24 meets the criteria of the Land Development Code and based on such finding recommend that the City Council approve the PUD zoning" seconded by Commissioner Eggleston, VOTE: Ayes: 3- Commissioner Hoskens, Commissioner Shecter and Commissioner Eggleston Recused: 2- Commissioner Sanchez and Commissioner Vanheusen Commerce City Page 2 Planning Commission Meeting Minutes - Final August 6, 2024 Pres 24-433 CU-131-24: Crown Associates LLC is requesting approval of a Conditional Use Permit for the stacking of shipping containers higher than 20 feet. The subject property is currently zoned I-3 (Heavy-Intensity Industrial), consisting of approximately 28.24 acres, and is located at 10051 Dallas Street. Planner, Dalton Guerra, announced the case. The applicant and staff presented the case. A motion was made by Commissioner Eggleston, "I move that the Planning Commission enter a finding that the requested Conditional Use Permit for the property located at 10051 Dallas Street contained in case CU-131-24 meets the criteria of the Land Development Code and based on such finding recommend that the City Council approve the PUD zoning" seconded by Commissioner VanHeusen, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Pres 24-434 PUDA23-0003: Southwestern Property Corporation is requesting approval of the Commons at 104th 2nd Amendment PUD Zone Document, to allow additional land uses, for the 16.57 acre property generally located at the southeast corner of Potomac Street and East 104th Avenue. Planner, Dalton Guerra, announced the case. The applicant and staff presented the case. A motion was made by Commissioner Hoskens, "I move that the Planning Commission enter a finding that the requested PUD zone document amendment located at the southeast corner of Potomac St. and E.104th Ave. contained in case PUDA23-0003 meets the criteria of the Land Development Code and based on such finding recommend that the City Council approve the PUD amendment" seconded by Commissioner VanHeusen, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Commerce City Page 3 Planning Commission Meeting Minutes - Final August 6, 2024 Pres 24-435 Z-979-24: Applegreen, is requesting approval of a Zone Change for one, approximately 4.40-acre, lot from AG (Agricultural) to C-3 (Regional Commercial). The subject property is located at 9021 E-470, along the eastern (northbound) side of E-470 between East 88th Avenue and East 96th Avenue. Nathan Chavez announced the case. The applicant and staff presented the case. A motion was made by Commissioner Hoskens,"I would like to move that the Planning Commission finding the requested zone change for the property located at 9022 E-470, contained in case Z-979-24 meets the criteria of the Land Development Code and based on such finding recommend that the City Council approve the zone change with the following conditions: number one, once the Adams County Water and Sanitation District has utilities constructed within 400 feet of the project location the owner will be required to connect to the water districts utilities at that time" seconded by Commissioner Sanchez, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Pres 24-436 Z-980-24: Applegreen, is requesting approval of a Zone Change for one, approximately 4.47-acre, lot from AG (Agricultural) to C-3 (Regional Commercial). The subject property is located at 9022 E-470, along the western (southbound) side of E-470 between East 88th Avenue and East 96th Avenue. Nathan Chavez announced the case. The applicant and staff presented the case. A motion was made by Commissioner VanHeusen, "I move that the Planning Commission enter a finding the requested zone change for the property located at 9022 E-470, contained in case Z-979-24 meets the criteria of the Land Development Code and based upon such finding recommend that the City Council approve the zone changes with the following conditions: number one, once the South Adams County Water and Sanitation District has utilities constructed within 400 feet of the project location the owner will be required to connect to the SACWSD utilities at that time" seconded by Commissioner Sanchez, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Commerce City Page 4 Planning Commission Meeting Minutes - Final August 6, 2024 Pres 24-437 Comprehensive Plan: An update of the Commerce City Comprehensive Plan Interim Community Development Director, Jeff Brasel, presented the Comprehensive Plan. There was 1 public comment including a letter of support for the plan. A motion was made by Commissioner Eggleston, "I move that the Planning Commission enter a finding that the comprehensive plan is satisfactory to the Planning Commission and recommends that the City Council approve and adopt the comprehensive plan with the following conditions: all the recommended changes be made as listed in the Commerce City 2045 Comprehensive Plan memo dated August 6, 2024, that's condition one. Condition two is that it be translated into Spanish when the plan is completed. And then condition three would be to make sure that the changes are made from Mr. Harmon's letter" seconded by Commissioner Hoskens, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Attorney Business: Attorney, Genevieve Gill, brought up the motion for case Z-980-24 was incorrectly read. A motion was made by Commissioner Eggleston to reconsider the hearing, seconded by Commissioner Sanchez, Vote: Ayes: 5 -Commissioner Eggleston, Commissioner Hoskens, Commissioner Sanchez, Commissioner VanHeusen, and Commissioner Shecter. A motion was made by Commissioner Eggleston, "I motion that the Planning Commission enter a finding the requested zone change for the property located at 9022 E-470, contained in case Z-980-24 meets the criteria of the Land Development Code and based on such finding recommend that the City Council approve the zone change with the following conditions: Once the South Adams County Water and Sanitation District has utilities constructed within 400 feet of the project location the owner will be required to connect to the South Adams County Water and Sanitation District utilities at that time" seconded by Commissioner Sanchez, VOTE: Ayes: 5- Commissioner Hoskens, Commissioner Shecter, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Excused: 1- Commissioner Biltoft Elections of Chair and Vice Chair to be scheduled for September Meeting Board Business: Commissioner Hoskens discussed the interest of the planning board in joining the American Planning Association as a condition of planning board. A motion was made by Commissioner Hoskens, "If the planning commission can join the American Planning Association and request city council to provide budget fund in the 2025 budget" seconded by Commissioner Sanchez, VOTE: Commerce City Page 5 Planning Commission Meeting Minutes - Final August 6, 2024 Ayes: 4- Commissioner Hoskens, Commissioner Eggleston, Commissioner Sanchez and Commissioner Vanheusen Nayes: 1- Commissioner Shecter Staff Business: Staff to provide updates on the Tower Landfill cases heard in June Planner, Nic Berry, let the planning commission know all Tower Landfill cases have been approved by City Council. Adjournment - 9:16 PM Commerce City Page 6

Agenda

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Agenda - Final Planning Commission Tuesday, August 6, 2024 6:00 PM Council Chambers, 7887 E. 60th Ave Commerce City, CO 80022. The public can participate virtually by registering in advance with the Zoom Registration: https://c3gov.zoom.us/webinar/register/WN_yLB U4fVFSlekg0f58FqVDg Meetings occur in person in the City Council Chambers (location above). The public can watch the meeting live on the city’s public access TV or Xfinity cable channels 8 and 881 or on our YouTube channel. The Zoom link above allows virtual participation. 4:30 New Commission Member Orientation Orientation to be held in Conference Room 2108 6:00 Call to Order Roll Call Approval of Minutes: Min 24-129 July 2,2024 Planning Commission Meeting Minutes Attachments: July 2,2024 Meeting Minutes Public Hearings Commerce City Page 1 Printed on 8/2/2024 Planning Commission Meeting Agenda - Final August 6, 2024 Pres 24-432 Z-973-21-24: Anderson-CRP Trust is requesting approval of an Annexation Zone Change for three parcels from ADCO A-3 (Adams County Agricultural-3) to Commerce City PUD (Planned Unit Development). The subject property is approximately 120.94 acres and is located at 9901 Chambers Road. This item was continued from the July 2nd Planning Commission Meeting Attachments: Zone Change Report Applicant Planning Commission Concerns Response Vicinity Map Applicant Narrative PUD Zone Document Concept Plan Neighborhood Meeting Summary Public Comment Pres 24-433 CU-131-24: Crown Associates LLC is requesting approval of a Conditional Use Permit for the stacking of shipping containers higher than 20 feet. The subject property is currently zoned I-3 (Heavy-Intensity Industrial), consisting of approximately 28.24 acres, and is located at 10051 Dallas Street. Attachments: Conditional Use Permit Report Vicinity Map Applicant Narrative Plans Pres 24-434 PUDA23-0003: Southwestern Property Corporation is requesting approval of the Commons at 104th 2nd Amendment PUD Zone Document, to allow additional land uses, for the 16.57 acre property generally located at the southeast corner of Potomac Street and East 104th Avenue. Attachments: PUD Amendment Report Vicinity Map Applicant Narrative Proposed Zone Document Existing Zone Document Commerce City Page 2 Printed on 8/2/2024 Planning Commission Meeting Agenda - Final August 6, 2024 Pres 24-435 Z-979-24: Applegreen, is requesting approval of a Zone Change for one, approximately 4.40-acre, lot from AG (Agricultural) to C-3 (Regional Commercial). The subject property is located at 9021 E-470, along the eastern (northbound) side of E-470 between East 88th Avenue and East 96th Avenue. Attachments: Zone Change Report Vicinity Map Applicant Narrative Site Plan & Elevations Pres 24-436 Z-980-24: Applegreen, is requesting approval of a Zone Change for one, approximately 4.47-acre, lot from AG (Agricultural) to C-3 (Regional Commercial). The subject property is located at 9022 E-470, along the western (southbound) side of E-470 between East 88th Avenue and East 96th Avenue. Attachments: Zone Change Report Vicinity Map Applicant Narrative Site Plan & Elevations Pres 24-437 Comprehensive Plan: An update of the Commerce City Comprehensive Plan Attachments: DRAFT Commerce City Comprehensive Plan Comprehensive Plan Memo Board Business: Elections of Chair and Vice Chair to be scheduled for September Meeting Attorney Business: Staff Business: Staff to provide updates on the Tower Landfill cases heard in June Adjournment Accommodations for disabled persons may be made with prior notice by calling 303-277-8777 Para servicios de traducción al español, llame al 303-277-8777 Commerce City Page 3 Printed on 8/2/2024

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