TOWN OF WELLINGTON PLANNING COMMISSION May 7, 2018 LEEPER CENTER 3800 WILSON AVE.

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1 TOWN OF WELLINGTON PLANNING COMMISSION REGULAR MEETING 7:00pm LEEPER CENTER 3800 WILSON AVE. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. ADDITIONS TO OR DELETIONS FROM THE AGENDA 4. PUBLIC FORUM Public invited to be heard on non-agenda items (time limit of 3 minutes per person) 5. CONSIDERATION OF MINUTES 5.A. Regular Meeting Minutes of April 2, 2018 Approve the regular meeting minutes of April 2, 2018, as presented. 6. NEW BUSINESS 6.A. 6.B. 6.C. 6.D. 6.E. 6.F. Final Plat Meridian Trust First Subdivision Site Plan Review Meridian Trust Credit Union Conditional Use Large Child Care at 6900 Loudon St. Conditional Use Large Child Care at 7078 McClellan Rd. Revised Site Plans NOEMAR Townhomes Interviews for Vacant Commissioner Seat 7. ANNOUNCEMENTS Development Update 8. ADJOURNMENT

2 TOWN OF WELLINGTON PLANNING COMMISSION REGULAR MEETING MINUTES The for the Town of Wellington, Colorado, met on at the Leeper Center, 3800 Wilson Ave., Wellington, Colorado at 7:02p.m. Commissioners Present: Commissioners Absent: Town Staff Present: Bert McCaffrey, Chairperson Tim Whitehouse Dan Sattler Troy Hamman Bonnie Dawdy Barry Friedrichs None Ed Cannon, Town Administrator Cody Bird, Town Planner Cynthia Sullivan, Deputy Clerk Mark Oberschmidt, Town Engineer 3. Additions or Deletions from the Agenda None 4. Public Forum None Chairman McCaffrey welcomed Troy Hamman and Tim Whitehouse to the Commission. 5. Consideration of Minutes: a. Meeting Minutes from April 2, 2018 Commissioner Friedrichs said he was absent at the last meeting. Commissioner Dawdy corrected a spelling error. Moved by Dawdy, seconded by Hamman to approve the minutes with corrections. Whitehouse and Friedrichs abstained. Motion passed. 6. NEW BUSINESS a. Final Plat Meridian Trust First Subdivision Cody Bird, Town Planner, described the location and the plan for replat of the commercial development. He explained that Lots 8 and 9 would be developed by Meridian Trust Federal Credit Union and that the site plan would be discussed following the final plat. He added that the recommended approval of the site plan would be contingent upon approval of the final plat. He said the review comments from the preliminary process have been met except for items that staff is currently working with the applicant to address, including width of easements, fire hydrant locations, sidewalks and pedestrian circulation within the site. Staff recommends approval. Tim Naylor, agent representing the applicant, gave a presentation showing the lot, traffic circulation, and sidewalk. He pointed out the uses that would be acceptable for the site. He said outdoor storage

3 Page 2 would not be allowed. McCaffrey asked if light industrial and industrial are allowed in this zone. Bird said there is a provision in the code for some limited light industrial uses in a C-3 (Highway Commercial) zone. He mentioned that the list presented would be a restriction of their covenants beyond what is allowed by the Town code. McCaffrey opened the public hearing, seeing no comments he closed the public hearing. Moved by Hamman, seconded by Sattler to approve the final plat of Meridian First Subdivision subject to staff report comments. Motion passed. b. Site Plan Review Meridian Trust Credit Union Bird reviewed staff comments and mentioned a requirement on the width of the ADA accessible aisle. He said there is clarification that needs to be made on the photometric plan. He mentioned that the applicant is requesting to reduce the tree requirement on the east side to allow for the proposed demonstration garden area that would be changing and would need more sun. There were no comments from Wellington Fire Protection District, but any requirements would be addressed with the building permit. Sattler asked if there would be a basement. Naylor said there would not be a basement. McCaffrey opened for public comment, seeing no comments he closed the public comment. Bird said this item would need a motion and it would need to be conditional on Board of Trustees approval of the final plat. Moved by Sattler, seconded by Friedrichs to approve the site plan for Lot 8 and Lot 9, Meridian First Subdivision, subject to staff report comments and subject to Board of Trustee approval of the final plat for Meridian First Subdivision. Motion passed. McCaffrey asked when this would go to the Board of Trustees. Bird said the final plat would go to the Board of Trustees at the May 22 nd meeting. c. Conditional Use Large Child Care at 6900 Loudon St Bird said the next two items are for the same use, but are different applicants and applications. The request is for conditional use to increase the size of their home occupation child care to a large child care home that would allow them to have up to 12 children in care. He gave an overview of the state licensing definitions and that the town has followed those definitions. If the number of children reaches 9 then an additional certified adult must be on site to help supervise the children. The State regulation allows up to 12 children. Over 6 children trigger the Town s requirement for a conditional use. Staff reviewed the applications and they meet the town zoning requirements. Commissioner Hamman asked how many children does the applicant currently care for. Bird said the applicant has 6, in accordance with the State licensing requirement. The request is being made to accommodate a sibling of a current client. In accordance with the zoning criteria, an approval would allow up to 12 children. Hamman said the trigger for an additional adult would be 9 children. Do we get notice of that change? Kristen Normington-Mellin, of 7078 McClellan Rd., said that the State requires the additional adult to be certified. The state does a physical inspection annually and the care giver is required to keep records. Kelly Dykstra, representing Safebuilt, said the town adopted the 2012 International Residential Code (IRC) which has a requirement for in-home sprinklers, but the Town adopted amendments to remove that requirement from the Town s code. His concern is when you change to a commercial use, the International Building Code (IBC) requires sprinklers when there are more than 5 occupants. There needs to be additional research on whether this was amended or addressed in the adopted IBC. There was discussion on why the number of occupants for the building code and the number of children allowed by the State daycare license are different.

4 Page 3 McCaffrey opened the public hearing. Kristy Lahnert, vice-president of the Meadows HOA, said this request was not submitted to the HOA Board. Friedrichs said in the past the approval was conditional on HOA approval. McCaffrey closed public comment. Cynthia Sullivan, Deputy Clerk, said that adjacent property owners within 300 feet of the property are notified about the application and the meeting. Bird said HOA covenants are private and enforced by the HOA, not the Town. An HOA can adopt regulations that are stricter than the Town s regulations as long as they do not conflict. The application is reviewed based on Town regulations. If the HOA does not allow the use then it is up to the HOA to enforce their requirement. McCaffrey asked how this item would proceed. Bird said the Commission can proceed with making its recommendation. Staff will research the building code issue and provide information at the Board of Trustees meeting. He explained that the Commission s review is based on the criteria identified in the Town zoning code for conditional uses. Dawdy asked if staff had received any comments from the adjacent property owners. Bird said that staff had not received any comments. Dawdy asked what if the thinks that 12 children is too many. Bird explained what the process would be if the recommended against the approval. There was discussion about which code takes precedence. Sattler asked how noise is mitigated. Bird said noise is typically addressed by limiting the hours of operation. Even though the code allows home daycare uses to operate between 6am and 9pm, this applicant would only have her hours until 4:30pm. Moved by Whitehouse, seconded by Friedrichs to approve the large child care at 6900 Loudon. Motion passed. Dawdy asked that the be notified about what was determined on the sprinkler issue. d. Conditional Use Large Child Care at 7078 McClellan Rd. Bird said this request is for two additional children. The hours of operation would be from 7am to 6pm. He said no physical modifications to the property are proposed. Normington-Mellin, applicant, said she has had a license for 3 years and would like to expand her daycare to 8 children. She could not have more than 8 because the State requires that she hold the license for 6 years before she is eligible. 2 of her current children are her own and that counts toward the total. She takes the children out in the yard from 3-4pm. Drop off and pickup times vary so there has not been an issue with parking. Her husband would be helping with the supervision. She said they are required to conduct safety drills quarterly and log that they were done. Dawdy asked if she had applied to the HOA for her original application. Normington-Mellin said she checked the covenants at the time and there were no regulations. Tim Novotney of 7080 Meade, was concerned about the traffic regarding the school kids who are waiting for busses. It was suggested that he contact the schools about bus stops. Moved by Sattler, seconded by Friedrichs to approve the conditional use to allow a large child care home at 7078 McClellan. Motion passed. Dawdy would like a requirement added to the approvals that applicants need to get approval from their HOA. Sattler said the Town does not enforce HOA covenants. Hamman felt the request could be suggested to applicants in the future.

5 Page 4 Motion by Hamman, seconded by Dawdy to recess at 8:18pm. Meeting resumed at 8:21pm. e. Revised Site Plans NoeMar Town Homes Bird said this plan was approved by the Commission in April He explained that the revised site plan was submitted because the applicant found that the driveways were not adequate length for parking. Since this change was more than 10 percent allowed by the code as an administrative adjustment, it was brought back to the Commission for review. The request is to move the buildings back to lengthen the driveways. The buildings would still meet town setbacks. The updated landscape plan changes locations of trees and shrubs to conform with the change in the building locations. There is one additional correction for the driveways on the end units to allow for the placement of the water meter pit. Melissa Whitehouse, of 3922 Grant, asked about the type of grass that would be planted. Larry Noel, applicant, said it would be a mix of blue grass and fescue. Moved by Dawdy, seconded by Hamman to approve the revised site plan for Noemar Townhomes. Motion passed. f. Interviews for Vacant Commissioner Seat Bird said when Mr. Keselburg moved out of town he became ineligible to serve on the. He gave an overview of how the Commission seats are filled and how the interview process works. Staff recommends that the could make a recommendation to the Board. He said there are 5 applications. McCaffrey went through the list of applicants. Sean Royer, 4480 Bragg Lane, was the first applicant present. Chairman McCaffrey started the question by asking for background and experience in Planning. Royer said he does not have any experience with Planning, but has worked with utilities and developers. Dawdy asked why he was interested in this opening. Royer said he is interested in activities for youth, to help the Town to stay small, and to develop transportation. Friedrichs asked what he thought of growth. Royer said he would like to see the Town stay small. He thought the current rate of growth was a good pace. We do need more businesses. McCaffrey asked if he would be available to attend the first meeting of the month. Royer said he could. Sattler asked if he would be interested in any other committee or board. Royer said he might be interested. McCaffrey continued though the list of applicants. Next was Rebekka Kinney. Kinney gave her background of living in the area. She said that she represents work from home residents. She wants to have input on the growth of the community. Hamman asked what are the top three challenges for the community and how would you deal with them. Kinney said the top is a crisis of culture, between those who like the small-town mentality and those who want amenities. She said the next would be infrastructure and safety. She gave examples of internet availability and safe walking connections from the east to west side of the interstate. McCaffrey asked why she was interested in this opening. Kinney said it is a first step to get involved in government. Dawdy asked if she would be able to attend the Monday meetings. Kinney said she does have it available. Whitehouse asked for more information about the conflicts she mentioned in her applications. Kinney said the conflict of culture. She wants to help keep the home town feel with the growth and diversity.

6 Page 5 McCaffrey asked if the Commission wanted to look at more candidates or select from the ones interviewed. Dawdy said if the other applicants were interested that they would have made it to the meeting. Cannon shared his experience of other communities when they filled this type of position on a board or commission. Moved by Dawdy, seconded by Sattler to recommend appointment of Rebekka Kinney to the Planning Commission. Motion passed Commissioner Friedrichs abstained. ANNOUNCEMENTS Bird went over a development update list he will have available in packets. Cannon updated the commission on community street projects. Cannon mentioned an open house meeting about a new county landfill. Wednesday May 9 th in the Leeper Center. Cannon spoke about potential future annexation and possible commercial projects. Dawdy asked about street improvements. Oberschmidt gave an update on the street projects being worked on this year. ADJOURNMENT Moved by Sattler, seconded by Dawdy to adjourn the meeting at 9:05 pm. Roll call was taken and the motion passed, Commissioner Friedrichs voted against. Respectfully Submitted by: Cynthia Sullivan, CMC Deputy Town Clerk