Planning Commission - Regular Meeting

Recording has been started.

Thank you.

We've got about 30 seconds folks, but I'm going to go ahead and begin with welcome to the Planning and Zoning Commission meeting. It is Wednesday, September 9th. I'll now call roll call for this regularly scheduled virtual meeting of the Aurora Planning and Zoning Commission. Commissioner Jedrick. Present. Commissioner Bush.

Present. Present.

Commissioner Becker.

I'm here. Commissioner Banka. Here. Commissioner Riley. I am present. And Commissioner Walz is absent this evening. Thank you very, very much. I will, let's see. Oh, I have to state, yes, we indeed have a quorum. The Pledge of Allegiance will not be said tonight as this is a virtual meeting. Approval of the minutes for August 26th. I'm assuming all of you received the minutes and had a chance to review them. Are there any amendments, corrections to the minutes? All right. Seeing none, the vice chair moves to approve the minutes as presented without objection. Is there a second? Thank you, Commissioner Becker. Any discussion on the motion? All right. Any objection on the motion? Perfect. The minutes are approved. Tonight we have one item of general business, item 8A. the vice chair moves to approve the agenda as presented without objection. Is there a second, please? So moved. Thank you very much, Commissioner Banka. Any discussion on the motion to approve the agenda without objection? Perfect. The agenda is approved. I will now read a summary of the policies and procedures for this evening's meeting. Please make sure that your home or or computer microphone is on mute unless you are speaking. The planning and zoning meeting is a quasi-judicial hearing. There's no swearing in of those who give testimony, but it is presumed that all parties are telling the truth. When addressing the commission as an applicant or a representative, please state your first and last name as well as the organization you are representing. You may additionally state whether or not you are an Aurora resident. If you're addressing the commission as a member of the general public for public testimony, please state your first and last name and if you are a resident of Aurora. For each agenda items, there's an initial presentation by city staff. Afterward, commissioners may question staff Discussions of agenda items by the Commission will be conducted only following a motion and a second. Members of the public that have signed up to speak will have three minutes to speak on an agenda item during the public comments. It is asked that only information be presented. The same argument should not be repeated. Commissioners may ask questions of the public following comments. after public comments the applicant will be allowed five minutes to address the public comments commissioners may ask questions of the applicant i did need to note that following the applicant's presentation um the applicant will have 10 minutes for their presentation commissioners may ask questions then of the applicant the chair in this case vice chair will ensure all commissioners have no further questions of the applicant or staff. The chair will then call for the question. After a motion has been made and seconded, the commissioners will then discuss the case amongst themselves. After the discussion, the chair will call for the question. Commissioners are finders of fact, and the vote will be based on the evaluation of evidence presented as compared to section code 146. All rulings of the Planning and Zoning Commission are normally final. Exceptions are zoning map amendments, zoning code amendments, and comprehensive plan amendments that require City Council approval. Decisions by the Commission can be appealed to City Council by presenting a written appeal to the City Manager within 10 calendar days of the public hearing. City Council also has the discretion to call up any case whether an appeal has been made or not. Notices of this virtual meeting were published, posted on the city's website, and the development project signs were posted on the properties. Notifications were also mailed to adjacent property and land owners per city requirements. As additional Noted for this virtual meeting, the commissioners ask that the applicant or applicant representative please turn on their cameras if available to speak to the commission. So our first agenda on this evening is agenda item 8A. And let me see, who do we have presenting for us this evening?

This one is me. Good evening, Commissioners. I'm Ben Bravenick, and I'll be presenting item 8A for this evening. Thank you. Let me get this set up. The applicant, German Aldana, requests approval of a two-year extension of a site plan for seven lots on 1.96 acres. The site is zoned single-family, low-density residential and accident potential zone district. It is also designated as the established neighborhood place type. The subject property is located south of the intersection of 12th Avenue and North Kitteridge Street, just south of the Highline Canal. There is one single family home currently constructed on the property, which is proposed to be demolished and rebuilt on a smaller lot within the development. The property is adjacent to the Highline Canal to the north, large rural residential lots to the south, a high school field to the west, a church to the east, and the City of Aurora Fire Station 5 to the southeast. The zoning of this property is split with low density single family residential R1 on the west and accidental potential zone district APZ the east. This is the second site plan extension proposal. The 1st site plan extension was granted October 2nd of 2025 administratively for 1 year. The applicant's request for an extension is to allow for the applicant to complete civil plan review process and obtain building permits before the site plan expires. The major issue discussed for the extension of the site plan is whether the applicant will be able to get approval for their civil plans and building permits within this timeframe. The proposal was originally approved in 2020 and civil plans have not started. Staff has met with the applicant several times to discuss how to move forward to the next steps. Recent steps the applicant has made include site plan technical comments addressed and the preliminary drainage report has been approved. The preliminary drainage report approval is what was needed to be able to submit the civil plans. Staff recommends the Planning and Donating Commission approve item 8A per code section 146-5.3.14.C, one additional extension of validity for a time not to exceed two years for the reasons stated in the staff report and this presentation. With that, that concludes my presentation, but the applicant is also here to speak.

Commissioners, do you have any comments for Benjamin? If not, applicant, please turn on your camera, state your name, your address, and the organization that you will be representing. Have 10 minutes on the clock that you have for your presentation.

Good afternoon. My name is, um, Christina Donna. I'm 6, 6, 5, 7 and boat and road and walk ins, Colorado at a 1, 3, 7. and, um, I'm not a residents of.

Good afternoon commissioners. I'm Herman. Um, I just live in Watkins. Um. Colorado and then I'm over here with the meeting with you guys because we need some more time to finish with that Project and the other thing. I mean somebody said that's gonna be a seven houses, but that's gonna be only five houses and The house to the sun close to the property Then the guy the owner that's gonna stay with his house like it is right now because on the first time we talk I mean he's wanting me to demo with um with his house but now he changed his mind so now he's going to keep uh with his house and that's going to be only five houses that's not going to be seven okay do you have any additional comments on your proposal

Um, yes, we just need that to your extension because it's been taking us a while to get to where we asked. Like, I've been said, we finally got our primary range report approved. That's what we need in order for our site plan to get moved into approval status. And during that meantime, we did have our engineer who was working with us and, um, got she left the job. I'm going to find someone else to work with us. And it's been a long process with city of raw and they're getting back and forth and everything approved.

all right thank you very much for your presentation commissioners do you have any comments or questions either for staff or the applicant commissioner riley thank you so in the uh packet we received i see a lot where it says lot one

is not a part of it. They were going to relocate, but you're telling us now that that is not going to occur, that the current homeowner does not want to be displaced, wants to keep his tract of land there. And so now you're going to build whatever remaining part. Is that correct?

Yes, correct. Five homes. Okay. And the existing home is going to be staying there.

Okay. All right. Thank you.

Question for staff. I did note on the exhibits, not so much on the site plan, but the exhibits indicated, I believe, that all approvals were to meet with Adams County. You do know that that's Arapahoe County, correct? It's in the notes.

I do. I will check in on where that was in the staff report. I apologize.

Yeah, it's all right. It's in the notes section. It's probably three places. So You might want to have that as a part of the technical review.

Thank you.

Any other comments from commissioners? I guess my only comment to the applicants, to Christina and to German, is that we do hope with this extra time that you will complete this. Seven years is a long time to be in process, and many things can change over that period of time. So do recognize that anything beyond these two years will not be honored as far as an extension. Is that understood and do you concur?

Yes, we believe in two years we will be done with the project. Like we mentioned, it's been stressful finding engineers to work with us and Um, city of our also communicating with us and, um, for a small business, we don't get funding to improve this land. So we really would like to continue improving this land. And I think I might want to say something.

Yeah, um, 2 years, that's what we need. I mean, to finish with those, uh, 5 houses. Because, I mean, that's going to be something a little bit hard for us, because we have to do the stream new what the has for new. So. Everything is going to be like, um. uh new project like a big one but that's going to be something small that's going to be only five houses and then we have to do a lot of work because i mean from the place where we're going to build the houses to the laredo street that's going to be i think more than 2 000 linear and then we have to remove everything and then to do everything new we're talking about the sewer water Uh, sidewalk and everything, but, um, I think 2 years, that's going to be enough to finish completely because, I mean, we almost finished with the engineer. He's having pretty much everything ready to go. So, I think 2 years we good.

All right, thank you very, very much. Any last comments by. Missioners if not, I'd like to entertain a motion on item 8 a.

Don't leave me hanging, commissioners.

All right, Vice Chair, go ahead.

Vice Chair, I'd like to make a motion on agenda item 8A, site extension. Based on the staff recommendation, the presentation, and discussions at this evening's public hearing, I move to approve the site extension for two additional years because the applicant has provided just cause per code section 146.5.3.14.C of the unified development ordinance and because of the following reasons. The applicant has shown that they are taking steps to achieve civil plan approval to the applicant will be required to conform with city standards and roadway manual criteria at the time of a civil plan review. And third, the extension will not impact the delivery of the required services and utilities for other development.

Do I have a second? Commissioner Benka, thank you very much for the second. Before I call for a vote, Susan, do we have anyone from the public that would like to speak to this?

Vice chair, we do not.

All right. Thank you very, very much. All right. This closes public hearing. I'm asking for a vote. Commissioner Jedrick. Approve. Commissioner Bush.

Approve.

Commissioner Becker. Approve. Commissioner Banka. Approve. Commissioner Riley.

I approve.

And Vice Chair Hogan approves this. We wish you the very best of luck, Christina and Herman. Thank you for taking the time to come share with us this evening.

Thank you.

Thank you. Thank you, everybody, commissioners.

All right. Next item, public invited to be heard on non-agenda items. Do we have anyone from the public?

Chair, we do not.

All right. Comments by the commissioners on miscellaneous items. Comments from commissioners. Yes, Commissioner Becker.

Okay, I don't want to break any rules, but were we supposed to do a site visit for that last item?

We were, and I failed to do that. My apologies. Is there anybody who didn't get to the site? We're safe. So for the record, no, Commissioner Becker, you feel free to correct me any time on something like that.

Well, period. I'm good about that. Commissioner Horgan, did you also make it to the site? I did. Yes, I did. So everyone did. Thank you.

Yes. My only comment this evening is to encourage planning commissioners. And I'll probably cry saying goodbye to my friend Susan. But Susan will be leaving us, and we are delighted for her. But she has spent, gosh, twice a month for as many years as I can remember serving this commission and the commissioners before us. So she has a farewell luncheon. I would encourage you, if you can possibly attend to do so, if not, drop her a note and just tell her how much that she has meant to us.

Becky, I still have one more meeting. And no crying.

There's no crying in Planning Commission. Well, with that, we are going to move on to Brandon, our planning manager, who sounds like he's fighting with a cold.

Thank you, Commissioner Hogan. Yeah, my voice is about gone after a day of trying to talk. I do not have... a report for you. We don't have any administrative decisions to update you on. I don't think we've had a council meeting since our last planning commission meeting. So unless you have any questions, that concludes my report.

Questions by commissioners. Brendan, the only thing, is there a statute of limitations or whatever For, I think it was carny park, the convenience store fuel station, whatever happened to that.

Um, city council made their decision as, uh, which are aware of and, um. It's up to the applicant of what they want to do with that property moving forward.

Okay. So there's no timeframe? They can bring it up at any time?

I suppose it depends what it is, but the ball is in their court.

Okay.

Commissioner Banca, did you have an item or question?

Okay.

All right. We have our city attorney, Ms. Lina. No report this evening, Vice Chair.

All right. Well, this could be the fastest meeting ever, so I get to tell Garrett that. Safe travels to you, Commissioner Riley, coming home for all of the rest of you. All right. Thank you so, so much for your attendance at this evening. There's lots going on this week, so stay tuned and We will see you all soon. Thank you very, very much.

Bye. Have a good night.