Planning Commission - Regular Meeting

Jeff.

Hey, how you doing?

Good, how are you?

Hi. We're now seven o'clock.

Hi.

Hi. I'm Jeff.

I'm Morgan. Chuck Whitman. Nice to meet you. Yeah, it was some of the dog and the dog and the dog. Let's do it. Yes.

I can tell you what to do, but put more screen on.

Oh. Yeah, you're not the first one to tell me that. It's just hot out, so.

I don't know. every day, whether you like it or not. Yeah. So, you know, it's like one of those things that brush your teeth. Uh-huh. I haven't brushed my teeth in 10 years. What's that? I haven't brushed my teeth in 10 years. Well, that's up to you.

Can't count it.

There's no light. And I floss, too.

Yeah.

I'm unusual.

Oh, I'm a flosser.

Yeah, Boston's good. Saves the dentistry.

Is the new building going to have air conditioning in it?

No, none of the buildings have air conditioning.

My house has air conditioning. I put it in there.

Are you just moving into that little county building?

No. The library, we're in the next half. Okay. There's no need to go to school.

We're going to go to the library. Okay.

Yeah, but it also does not have a schedule.

Is that on schedule? Is that behind schedule?

I don't know that there is a schedule.

Because I heard it was going to be moved June 1st.

June 30th was the closing date for school. That didn't happen, so.

Well, they closed that. That's a positive.

Yeah.

It's all down to that.

Yes, now the library has to make a transition to those. And then we can start working on that. I'll be back. Sure. Yeah.

Okay. To that.

Thank you. yeah.

Thank you.

Thank you.

Thank you. Thank you. Thank you.

You technically got to sign it. I was today's news yesterday or last month.

Oh, yeah, we can't. And then when you sign the minutes, the clerk signs them to she's authorizing that it is you that signs the correct minutes. So but you have to wait to the board person. Mission is not moving on time.

You can change the time to 6.30.

Then I'll just be here at 7.

Yeah, no kidding. Thank you. You're welcome.

I got these from Time Mountain Collected and other streams. Okay. Yeah.

We're super thankful for that. Thank you. And they've got a lot of really cute things in there now.

Yeah. Their plants are amazing. Like, yeah. I don't even... Really, really fun.

I think Nick is in charge of those.

I think he is. I think he's writing. Jake, where are you texting? Huh? Where are you texting people?

I'm texting Mitch Davis. Now, how do you think about this?

Argentina. You look comfy.

Well, we're from home today.

Yeah. I've been all over the same state today.

Where is everyone? Hi. On Zoom? No, they all said they would, well, they all said they'd be here. I didn't talk to her or Kathleen, but everybody else said they'd be here. Flash number one.

Hot there.

It was pretty hot down in Denver. And we got the UV out there, so got to keep us out.

She said she'd be here at 5.56.

I think one more person to show off their thoughts. Thank you. I just saw that.

You didn't watch the game?

I didn't watch. Oh my gosh.

I was just like, I have like the notice on my phone that pops out and tells us.

After I don't know, I got to the last thing. Oh, that's the final. But I was like, it's France-American, so I don't want to be upset. So I don't want to rush the play.

I think someone was pulling it out for you. OK. Not sure who they are. Someone else was pulling it out for me, so I think someone else was pulling it out.

Oh, there's Christian.

Have you heard from Kathleen?

No. No. We should pass the meetings for our reveals at that time.

Well, I'm sorry, Jake.

Yeah. Yeah, I think that's it.

And it's 6 o'clock welcome to the town or something. And the commission. And I think we'll call.

I think we're going to have a chance to review the agenda. Yes.

I'm going to read over it real quick. On the agenda, we have audience business. We have the minutes approval for June 17th action items. Mr. Malik, Block 59, Block 8-19, Gateway Commercial Approachment Agreement, and the consideration of letters of intent from Lord and Order to Jeff Goldman in the discussion of the comprehensive plan. Do I have a motion to approve? To approve the agenda.

Motion to approve the agenda.

Second. Second. All in favor? All right.

Two minutes. We should say first, Natasha, second, Christian. So we're taking them. It's really hard to hear who's making the motion.

First, Natasha. Second, Christian. All in favor? Yes. I got five. Five. Motion passes. First, um, First of all, this is the audience business. Is anybody in the audience have any?

Okay.

The next is going to be the minutes approval for June 17th, which will be the second page in your packet. Does anybody have anything to add to that or to track for me? Does it look good? Yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, yes, Your report.

Mike Davenport is going to be providing the report on us.

Good evening. I'm Mike Davenport with Community Matters Institute. We serve as a planning consultant to the town. And you have before you the staff report that was prepared for the town. The assistant administrator, Kejah Hart, she has mentioned that the applicant is Nasir Malik, but is not the owner. The owner according to the assessor's records, and I hope I pronounced this correctly, is Zaji Killam, LLC. So to briefly go through the memo, what you have is the memo and immediately following the memo are the procedures for reviewing an encroachment agreement. You have the, and then that's followed by the documents submitted by the applicant. As was stated, this is an application that seeks approval for encroachment license for adjacent right-of-way for 14th Street and for the former Clark Street. The review process as noted in the staff report is that an application is submitted to the clerk the clerk distributes copies of the application and then it is reviewed by planning commission to make a recommendation to the board of selectmen And just looking at some information regarding the site. The property is on the west side. On the east side of the property is Argentine Street. On the west side is Clark Street, which is no longer a street, but is still a right-of-way owned by the town. The south side is 14th Street. And to the north of this property is vacant land between this property and the visitor center further to the north. The existing site is relatively flat, but it does have many trees on it. Looking at the various maps and information for the site, as you'll see, it's gateway commercial for both the future land use plan, the zoning map, and the character map. The property is in the AE special flood hazard area. The municipal code in Title 21 includes regulations. The regulations in Title 21, for your information, it says if you can comply with the standards that are in Title 21, you can develop in an AE designated flood hazard area. This is different than the channel, which is where you would have normally fast moving water. That's not the case here. This is what's commonly referred to as the 1% flood hazard area. In terms of the criteria for approval, which are listed on the second page, you have several criteria, including receiving comments from different departments and outside agencies and the utility companies. And what you have listed in the staff report are the comments that were received as of the time this memo was prepared. the um as in case you will be able to update you if any further ones have been received the only comment we had received at the time that the memo was written was from the sheriff who under circulation indicated there were no concerns regarding access for service or emergency vehicles the app and also noted there's a minimal grade difference between the property and argentine street Then after the references to who receives copies of this for a comment, and that's through enforcement, you then have criteria E regarding encroachment of a building. There is no building at this time, so criteria E doesn't apply. Criteria F is regarding income space. If at some point in the future, if this property is developed and the applicant seeks income within the encroachment area, that can be handled by an encroachment agreement, by the encroachment agreement and a rental agreement. and then finally our does the plan comply with a plans adopted by the town the um encroachment policies the town lists three plans the comprehensive plan the gateway master plan and the county's clear creek plan With respect to the comprehensive plan, the applicant has correctly noted that on page 5 it cites the unfinished streetscape along Argentina as an issue and the need for more commercial space in the town. These are broad policy goals that are contained in the plan. The Gateway Master Plan, which you see a partial illustrative plan at the bottom of page two, shows for this location. You can see on the left side of figure three, it's showing a large building. It doesn't have to be a large building, but that was an illustration of what could be there. You also see that there is parking, which appears to extend into the right of way. In addition to being on the site, it appears there is parking on both the west side and to the south of the property from Figure 3, which is from the Master Plan. And finally, you can see that there are streetscape landscaping improvements shown along Argentine Street. So in general, it is consistent with the three different plans that are mentioned. And finally, criteria H is to whether or not there's a benefit. And benefit two is whether or not there's a public amenity. In this particular case, as noted in the documents submitted by the applicant, this is a place where there could be streetscape improvements made along Argentine Street, which is part of the linking corridor between the interstate interchange and downtown area, which would be beneficial to the town. So in the staff report, there were three findings that we mentioned. Number one, there are benefits that can be cited for this plan in terms of an amenity to the public. With respect to the criteria, as the planner for the town, we're not reviewing the comments of the departments, but we need to note that Planning Commission should consider any comments that have been received in formulating their recommendation to the Board of Selectmen. And finally, with respect to the 14th Street right-of-way, the applicant's note makes reference to encroachments by others on 14th Street. And it appears from one of the photographs that I looked at is that there are some vehicles that do go between Argentine Street and the property to the south of 14th Street that drive across 14th Street. So that is something that should be investigated before there is a final approval by the Board of Selectmen to make sure there aren't any issues related to the property to the south. using 14th Street now for access and whether or not the proposed development might have some effect on that. So as planning consultant to the town, community matters recommends that the planning commission recommend approval based on the above findings. And as noted, you have the option to either continue to deny the application, approve or approve with conditions. And as I stated, the planner is recommending approval and you have a recommended motion at the bottom of page two.

Michael Leccese, Mike i'm questions about. Michael Leccese, Criteria B. Michael Leccese, And a we haven't received comments from road and bridge clear Creek fire authority or street maintenance and I haven't I have not seen any of those comments.

Hella Pannewig

HAB-Masyn Moyer- Okay. HAB-Masyn Moyer- And then the only other question or one of the other questions I had was the 14th street road to the town investigate i'm. HAB-Masyn Moyer- The 14th street use and access issues before approving an encouragement license or did y'all investigated at all.

HAB-Masyn Moyer- It's a big street so it's not. It's not a town road in the sense that, like, other things are town roads, but no, we wanted to, this is a recommendation by the night. So we have something.

It's 14th Street that gives you access to Spencer and Merriam, the bookstore.

So this is on the west side of the, of Argentine, so it's not on the same side as Mother's. Right. But exactly. 14th is the Mother's parking lot. Mother's parking lot. Yeah.

And it appears that people do drive across 14th between the restaurant and Argentine, based on tracks in the gravel.

That building is not open, right? Okay, Carla is here as the representative, the applicant, and if you want to direct some questions to her.

Just one more question, Mike. So it's your... your recommendation that we, all of this is in line and everything's correct?

Based on the information we have, as I mentioned, As the planner, we're not reviewing the comments by utilities, departments and outside agencies, but with respect to, is it consistent with the plans? Yes. Is there a benefit to the town? Yes, we believe there is. So based on those criteria, we're recommending that we're just noting some findings that may need further investigation before Board of Selectmen make a final decision.

Are we concerned about the comments from Rotenbridge at all?

They didn't provide any comments.

Okay, was that just stated out of time to you or?

They were given a little more than we need to provide a comment, so.

Very similar to Riverford?

Yeah, you see 5 as Park Street on the back there and then 14th Street on the back.

Mike, if I were to ask you recommendations to make to the Board of Selecting to investigate before they approve it, what would they be?

Well, I think the... It's probably worthwhile for the town attorney to look further into exactly what is the status of access to 14th Street. And this is to avoid a situation, for example, of let's say the adjacent property owner to the south says, well, we've been using that for all these years and will a proposed development within the right-of-way affect our ability to get out in and out of a road that we've been using for years the county as as as keisha said it's not a road anymore but it is still it is listed by the county assessor as property that is owned by the town there's other access to that property to staff there's assets all along so

Michael, can you hear me? Yes. It's Carla. So if you go continue, and I did take pictures, I can send them to you if you want to pull them up, but I just did when I came into town. You would be able to pull in on the 14th street, but you can go 10 feet further and pull in right in front of that street again.

The tiny horse does have access.

What's it going to be?

It'll be 12, sorry, it'll be apartments and retail spaces. So around this 405 proposed retail, 2,000 square foot retail spaces on the ground floor. And then if we're just under 30, Do you all have any questions for her or Mike? Do you want to say anything else about it?

I don't think so.

And if you're drawn somewhere, you turn to the, I would say just after I reported. I will say the one thing I noticed initially when we were going back and forth whether or not it was vacated or whether it was owned by the town, the town's owned by the town of Georgetown, was it parcel? It was vacated and then it became parcel for the town of Georgetown. That's why we hadn't asked for the whole reimbursement. So I would like to amend the reimbursement if it's possible to take that as it's approved with the 14th as opposed to just the 30th foot. But that's a concern to you guys. We'll take that off the table. So I think we would have to table it and y'all would have to redo this whole thing in practice.

Mike, do you want to weigh in on that? She's requesting an amendment to the encroachment request to change it from 30 feet to 50 feet of encroachment, taking out the entire Litchin Street parcel.

It doesn't affect what my recommendation would have been. I think 30 feet is listed in one of the documents submitted by the applicant, which is where I got the number from.

Correct.

If it had stayed at 50 feet, it would not have changed the recommendation.

Do you know if we can proceed with the request for 50 feet or if we need to repost that?

I'm certainly willing to revise the memo in a I don't see a need to have to read, to rehear it, to change it from 20 feet to 30, from 30 feet to 50 feet. And that in the end becomes more, well, let me back up. That varies by age. your local, your municipal attorney as to whether the attorney considers that to be a substantial change. Some attorneys would say that's a substantial change. And if it is a substantial change that for the people who may have read about this or gotten a copy of it, they were assuming it was 30 feet and then it now turns out it's 50 feet. Some attorneys would say, well, we ought to re-hear this so that people do have the correct information because going from 30 feet to the full 50 feet might be considered a substantial change. On the other hand, there's some other attorneys who might say not necessary. The most recent attorneys that I have worked with have erred on the side of it being a substantial change. And I have not discussed this with Georgetown's attorney. So I don't know what his opinion would be. But my most recent experience would say probably it's worth continuing and then rehearing it with that change.

My feeling was that because we're at the planning commission stage, that it would potentially be um somehow written in as a position so that when it goes to and basically posted for um works that i was selecting and pretending to be officially and then we have that conversation that was my feeling um and i apologize i think um we can we can approve it the way it is um or we could table it for the next meeting and

have it rewritten for what they want and approve it that way?

It's up to you guys, but what I will say is that you should consider the 50 Feet and say...

I just don't want to get the town in any trouble or us in any trouble.

Hold on. You could consider the 50 Feet and you can make a motion to approve that a pending attorney review or something like that. And if he determines that it needs to come back to this board, then it will.

Okay. I would just need to know the wording that we're going to use.

Yeah. Does anyone else have any questions on this?

Was there a proposed new traffic tab done? Say again? Was there a proposed new traffic tab done?

So this is an encroachment. We've intended to require something like a traffic count for a special use, which this is not. So no, that's not required for this. Yeah.

I do have a question. Is the income aspect something you'll discuss later that does come up as far as like the criteria?

Income to the town?

Or no matter. You're talking about criteria? Yeah. You want to discuss the income space?

Like, is that, like, if it is right now, it's like not deciding that that would be something that would track income, right?

Sure.

Income as a criteria is not applicable in this case. Unless the applicant were to seek income, to derive income from the anything that's located within the encroachment, then the income criteria, which is criteria F would then come into play.

Right. That's what I've been asked about. It is. It's just like by taking that extra 20 feet, it would allow us to do a larger open space.

What are you all planning on using the parking for in the meantime, while you are still in the planning phase for the buildings?

I think I missed part of that. Like the parking is, the parking would need to count for the building.

But in the meantime, when the building's not there, is this, so the parking's not going to be there while the building's not there? Gotcha. Okay. So it's a new issue. Okay, got it. Okay, got it.

Any other questions? Let's see. Mike has a motion in the packet. And I recommend that we recommend it to... Based on the above findings, I move to recommend approval of an infotainment agreement for the property at 1400 Argentine Street. Oh, that's... That's incorrect, actually. My $1,400 is across the street. So let's change that to the legal description I put on the... $1,400 is what was in the application, but no, it should be corrected if that's wrong. I didn't realize it would be different. Yeah, that's an address, sorry. So that should be block 59, block 8, 319. For parking spaces, parking aisles, and a trash enclosure in the Jason Rice. Away 14th Street and Park Streets with the i'm going to request a three dimensional or 50 total feet into 14th street so when you say that uh i prefer you wrote it down uh carla i will say you will need to provide an updated map

He wants to make the motion.

Okay, we did. I'll change it.

Oh wait, she's going to hand it to you.

I think that's not good.

Sorry.

Go ahead.

For some of the items, I would recommend that we roll an encroachment to get the property at block 59. Block. Block 3-3-19. For parking spaces, parking lots, and attached vehicles, from the adjacent right-of-way 14th Street to Church Street. Including the question 52, total encroachment from the 14th Street personal, I would tell it.

A second. All in favor.

Aye.

Aye. Aye. Motion passes. And that's contingent on the town's attorney, correct?

Yes.

All right. And then last, we have nothing else left on that, correct?

No, that's it. That's it.

Last, we have consideration of letters of intent from Morgan Rory and Jeff Goldman. Is it too late to amend the agenda?

Why? What do you want to change?

I'd like to talk about adopting the same policy that the board selected and adopted a few years back when it comes to members that just don't show up to meetings. For the planning commission?

Yes.

Does it? So what are our rules in this one?

I think it's a percentage of those global meetings.

For a calendar year?

For a calendar year.

But it's three in a row, I think it is.

Might be three in a row.

And then what happens?

And then you guys would need to consider moving them on, basically. But it definitely needs to be some vote by the end, so.

HAB-Masyn Moyer- Okay, because we have at least two members that have missed the last three meetings or not.

HAB-Masyn Moyer- Um, I don't think HAB-Masyn Moyer- The last three.

HAB-Masyn Moyer- Kathleen. HAB-Masyn Moyer- I just, if we're going to rule on the board. I think it'd be great if they would just show up because otherwise one of those. I mean, they are going to be a member of the board. We got to care.

HAB-Masyn Moyer- That's not on the agenda.

HAB-Masyn Moyer- Well, let's put around next month's agenda. Um, so back to Morgan Morgan and Jeff Goldman has everybody had a chance to read more than the worries. Letter. And we all know Jeff. And we read his letter. Do we want to ask them to leave about it or That's not really Okay, here we go. I'm sorry, what

I mean, like it's a public meeting. I know I kind of let that happen last time, but I run the board. There are rules about. They might have any questions for ever.

Does anybody have any questions?

So then do we move forward with the vote?

Yeah, everybody ready to go.

Make a motion to approve one person. Making a motion to vote or making a motion to approve one person. To recommend a person.

Yeah, to recommend a person, to approve one person.

I think it happened different last time. I don't know why I thought we did it.

Last time we sent everybody outside and talked about it.

Yeah, it was just a little different. Yeah, that's okay, though. That's okay. Well, I think just based on the letters, I would make the motion to recommend Morgan to be on the board.

Do I have a second? Second, go. HAB-Masyn Moyer- All in favor. HAB-Masyn Moyer- All those.

HAB-Masyn Moyer- Most classes.

HAB-Masyn Moyer- Then. HAB-Masyn Moyer- The comprehensive one. HAB-Masyn Moyer- So as an emotion. HAB-Masyn Moyer- We don't we're just making a motion to select the next member of the board. And that's one. So she'd be on the board. She's the new member of the board. And I would still say an alternate.

So ask them as a full member of the planning commission.

Can I say something? Sure. So I think we'll get on this board as an alternate. For two years for less than a year. No, not true. I moved to Georgetown September of 20. It's two years on my lease. It might be a month difference or something because I joined right after I won a lease. So it might be a month short of two years. It's been two years. Maybe too much short.

You joined the board at the same time Natasha did. It's been less than a year. It was last year.

Yeah, last year.

And I've vaguely been to every meeting. I just feel like I'm wasting my time. I'm sorry to tell you that way. I really do. Because I could see if I skipped meetings, I did not. I vaguely did here. And, you know, if anyone had different schedules, I'd cancel whatever schedules. to be here for this. And it's been a year and a half, almost two years. And now you're putting somebody else on the board instead of me. So obviously, there's some kind of friction going on. I'm not really sure what it is. But it's not that I haven't followed through and been faithful. So let's just say that the next time this comes up, then another person here is in front of me. There's something else which I don't know what it is happening. And you don't see very good menu to get on the board after the game. I have your report was actually and a little bit concerned about that. I mean, Obviously, there's a reason for it. And you don't need to communicate with me about it. But I'm going to resign. Okay. Because I feel I don't want to be the same plan. You know, this is an alternate and keep showing up for meetings and you can keep putting people in front of me. It's not that I didn't try. It's not that I haven't been faithful. And honest.

Okay?

Okay. Then maybe someday I'll find out who the person was. Thank you, Jeff. You're welcome.

Thank you, Jeff. The comprehensive plan.

Thola sent in the award letter for the local plan capacity grants for the comprehensive plan. That's all I have today. Okay.

That's it.

That's it.

Okay. Do I have a motion for adjournment? I'm not sure we have a motion. Second. All in favor? Aye. Motion.