TOWN OF MORRISON BOARD OF TRUSTEES MORRISON TOWN HALL, 110 STONE STREET REGULAR MEETING OF1 THE BOARD OF TRUSTEES TUESDAY, MARCH 5, 2024 6:00 P.M. Call to Order. Mayor Wolfe called thel Regular Town Board Meeting to order at 6:04 P.M. Roll Call. Mayor Chris Wolfe, Trustees Katie Trustee Gill, John Trustee Leonard, David Trustee Wirtz, Paul Trustee Sutton, Adam Way and Sean' Trustee Forey were present. A quorum was established. StaffP Present Austin Flanagan (Town Attorney), Bill Vinelli (ChiefofPolice), Ariana Neverdahl (Town Clerk), Courtney Christensen (Deputy Town Clerk). Amendments to the Agenda. None. Public to Address the Board. Dave Killingworth 403 Bear Creek Ave. Killingsworth asked the Board if they have considered using the staging area for the new water treatment plant as aj parking lot once the plant is completed. Presentations and Hearings. Public Hearing: Appeal of] Planning Commission's decision to deny a Site Development Plan for 203 Public Hearing: Special Review for aj proposed hotel and other incidental commercial uses for 203 Public Hearing: Old Town Historic Overlay District Major Sitel Improvement for 203 and 205 Bear and 205 Bear Creek Avenue in the' Town. and 205 Bear Creek Avenue in the Town. Creek Avenue in the Town. Mayor Wolfe called thel Public Hearing to order at 6:101 PM. Mayor Wolfe reviewed hearing process and agenda. Staff Report. Town Planner McCool informed thel Board that there are three applications to discuss and Town Planner McCool stated the sites are located at 203 and 205 Bear Creek Ave. with no parking currently on site. Town Planner McCool stated the site is encumbered by 100-year floodway andi is zoned Commercial Transitional (CT). Town Planner McCool stated the existing businesses on site are Rockin' Roses and the Blend building. Blend isi roughly 914 square-foot and registered on the National Register ofHistorical Places #10, aka Tom Lewis home. Town Planner McCool stated the applicant submitted: a request to demolish all buildings on site but they had to secure certificate of demolition first. Town Planner McCool stated the applicants submitted a structural evaluation performed by a structural engineer and the engineer found thes structure not structurally sound due to significant damage. Town Planner McCool stated that Town Staff has conditionally approved the demolition certificate based on application Town Planner McCool stated the proposed hotel is mix-use and would include 13,316 square-foot to accommodate the hotel, office space for their corporate office, and hospitality team. The building would evaluate. for land use. be three stories to accommodate 21 guest rooms. Town Planner McCool stated a portion facing Bear Creek Avenue would provide office and ground floor space for the Root Architecture and Development team (Root). There would also be an area for coffee, curated wine, tapas and gelato for hotel guests and general public. Town Planner McCool stated the eastern portion of front façade would be al landscaped entry of about 98 square-feet, including two 6-foot benches and aj paved entryway. Town Planner McCool stated that applicant is proposing a rooftop patio incorporated in the third portion oft the rear design for guests and special gatherings and will include a 650 square-foot seating area, open pergola, gas grill, and a275 square-foot wet-bar. Town Planner McCool stated the southern portion of the roofabove the elevator, stairs, and kitchen is dedicated toi installation of solar panels. There will be three on-site parking spaces and an EV charging station in the rear ofbuilding. Town Planner McCool stated the applicant is proposing a mechanical and trash receptacle behind the hotel. Town Planner McCool stated on the west side oft the hotel there would be a 5-foot pedestrian walkway corridor to connect pedestrians from Bear Town Planner McCool stated the applicant proposed offsite improvements including a new sidewalk along Bear Creek Avenue, one new streetlight that mirror specs found in the Town Code, and two trees in the right-of-way. Town Planner McCool stated the architectural design blends some traditional stone commonly found in old town with contemporary elements utilizing materials found in mountain towns. Town Planner McCool stated the applicant maintains they chose those materials to marry the 1920 architecture and mid-century modern architecture. Town Planner McCool stated the 34-foot street facing façade is historical looking. The applicant is also proposing infused public art within the building as well Town Plannerl McCool stated that the applications were publicly noticed pursuant to Town code and sent on referral and that all referral comments were addressed int the January resubmittal. With the exception oft the' Town Department, and West Metro Fire Protection District comments, these comments are included as a condition of approval. Town Planner McCool stated there have been a total of1 17 public comment letters received since the release of board packet. Town Planner McCool stated the Planning Commission is the decision-making body on site development plan applications. Town Plannerl McCool stated the Planning Commission considers nine review criteria found in 10-4-9-4b ofTown code. Town Planner McCool stated she would like the Board to focus on review criteria which was based on the Planning Commission's denial ofs site development plan. Town Planner McCool stated that on February 13, 2024, the Planning Commission unanimously denied the site development plan based on non- compliance oft the second review standard. The applicants have appealed based on the applicant's stance Town Planner McCool stated the first standard of approval ist the sufficiency of statement from the owner for control oft thej proposed development to ensure that the Town would not be liable for any maintenance ofi facilities. Town Planner McCool stated that staff has found that applicant has met this review criteria. Town Planner McCool stated that the owner will be installing and maintaining improvements in right-of- Town Planner McCool stated the second review criteria are what the Planning Commission based their denial on stating the application did not meeting the compatibility and did not preserve the eclectic character of Morrison. Town Planner McCool stated the concerns raised by the Planning Commission included that the building was too tall, concerns ofbulk plane, scale of building, bulk ofbuilding, the building being too tall in relation to other buildings, and generally overall just too big. Town Planner McCool stated that when making these decisions, it is critical to evaluate and thoroughly consider all aspects oft the review criteria and int this instance, itsi intensity, compatibility, and thej purpose oft the proposed hotel. In this case, iti is the CT: zoning district. Town Planner McCool stated there is no setback Creek Avenue. an exterior mural on the east side of the building. that the application is in compliance with the Town code. way via the development agreement. 2 required within the CT district and that the maximum building height allowed is 40 feet. Town Planner McCool stated the CT: zone district does not require parking. Town Planner McCool stated the applicant has proposed setbacks ranging 4-12 feet along the front façade where landscaping, benches, and entryway are located. Town Planner McCool stated the side setback on west side is approximately 4-5 feet in width to accommodate the pedestrian's corridor. Town Planner McCool stated the proposed portion of the rear setback is 181 feet to accommodate parking. Further, the trash enclosure and mechanical will also have a portion oft the setback. Town Planner McCool stated the proposed building is 40 feet in height including the elevator doghouse, and stair enclosure which exceeds the maximum building height by 9'10" and the pergola exceeds the max height by 9'7.5".Town Planner McCool stated that, per the Town code, there are exceptions to building height limitations for elevators shafts and other similar projections. Town Planner McCool stated that staff found that the elevator doghouse, stair enclosure and pergola all fall within those exceptions under section 10-1G-18-(b)(9) of the Town Code. Town Planner McCool stated that the rooftop patio requirement cannot be enclosed but willl be screened. Town Planner McCool stated the proposed hotel complies with the underlying dimensional and development standards including building heights and setbacks. Town Planner McCool stated it isi important to note that there are nol bulk plain requirements in the Town code which means there are no regulatory limits on size, shape, mass or bulk ofb buildings. Town Planner McCool stated that district guidelines and principals that address compatibility int terms ofbulk and scale of buildings was intended to encourage cohesiveness oft thet town. Town Planner McCool stated that the design principal acknowledges most buildings within the district are two stories tall and allows for buildings to go up to 401 feet. Thel key component is to encourage incorporation of things that can mitigate the bulk and scale of the building using compatible colors and materials. Town Planner McCool stated the applicants used design elements to meet these guidelines while still being within the max dimensional CT standards in terms ofheight and that it is also important Town Planner McCool stated that ini relation to third review criteria, ingress and egress, the applicant is not proposing any changes to vehicular ingress and egress. The pedestrian ingress and egress is provided by the sidewalk on the western portion of site. Town Planner McCool stated that the only concern with this criteria was from West Metro Fire Protection District and they noted that the exterior stairwell is required to provide roof access and that it is not permissible to have any trash enclosure under the proposed stairwell. Town Planner McCool stated the Fire District's comments have been addressed and Town Planner McCool stated that the fourth review criteria relates to parking, loading, traffic flowand safety. The applicant is] proposing three on-site parking spots in the rear ofbuilding. Town Planner McCool stated the applicant is not required by Town code to provide any parking and staff found iti is in Town Planner McCool stated the fifth review criteria is use ofl landscaping toj promote compatibility and that the applicant is proposing on-site landscaping with street furniture and functional space in the front of the building and in the right-of-way. Town Planner McCool stated the only concern came from West Metro Fire Protection District regarding the species oft the proposed trees and that at maturity, the trees would be 35 feet tall and could interfere with the fire district's access. Town Planner McCool stated that staff has set forth recommended conditions of approval for applicant to select a different kind of tree that, Town Planner McCool stated in relation to the sixth review criteria, drainage and floodplain compliance, the proposed building has been pulled back out oft the floodway and the Town engineer has reviewed the to note that these are guidelines, not standards. staff has recommended. a condition ofa approval to move the trash receptacle. compliance with the criteria. at maturity, would be from 18-20 feet tall. floodplain development permit application and is recommending approval. 3 Town Planner McCool stated that ini relation to thet the seventh review criteria, utilities, all Town departments and utility providers confirmed capacity to serve this property. Town Planner McCool stated the Town's fee structure requires EQRs and water resource fees and water/sewer development fees equaling almost 5250,000.00.Town Planner McCool stated that that eighth review criteria is not relevant to Town Planner McCool stated that in relation to the ninth review criteria, general review criteria, site amenities, exterior common areas, that staff found the building compatible and harmonious. The layout has maximized the lot size in connections to thej pedestrian corridor to enhance the Town's sense of place. Town Planner McCool stated that this redevelopment would not add a variance to other buildings in the corridor and that there is potential for increase to private investments which would appreciate property Town Planner McCool stated the purpose ofa a special review is to ensure that such uses in the community are compatible with surrounding uses. Town Planner McCool stated the scope oft the special review hearing is to review the hotel use and the rooftop patio. Town Planner McCool stated the proposed office use is a use-by-right in CT zone district. Town Planner McCool stated that staff found the building is adequate for hotel use and the site does fit and complies with CT district standards. Town Planner McCool stated the maximum capacity is 50 persons on the rooftop patio. Town Planner McCool stated that "no amplified music" and restriction signs will bej posted. Town Planner McCool stated that the portion of patio where guests would be seated is 650 square-feeti in addition to the 275 square-foot wet bar area and 290 square-foot area dedicated to basic circulation oft thej patio. Town Planner McCool stated that throughout the development review process, the applicant is responsible for demonstrating how they would meet the exceptions to the size of the patio, which is limited to 750 square-foot. Town Planner McCool stated that staff found that applicant has demonstrated exceptional circumstances to allow the Town Planner McCool stated the second criteria is the site traffic consideration and that staff finds this Town Planner McCool stated the paid parking program that the Town currently uses will be proposed for Town Planner McCool stated the rooftop patio would be surrounded by steel railing on the western A4-foots screen and planters will provide privacy from the general public and rooftop equipment. Town Planner McCool acknowledged that the building bulk and scale is larger than a lot ofbuildings in Town but is in compliance with CT zone district requirements. The applicant is proposing mitigative measures to minimize bulk by including step-backs and changes in cladding on the south elevation. Town Planner McCool stated the applicant is proposing a 1,145 square-foot mural on east elevation. Town Planner McCool stated that any signage proposed would need to comply with the Town's signage code and that is a separate permit process. The lighting plans will comply with the Town's outdoor lighting regulations. Town Planner McCool stated that the applicant has included lower CCT lighting options to color correlate lighting temperature and comply with Town's nighttime skies. Town Planner McCool stated that staff found that applicant will comply with the Town's noise ordinance. the application. values in Old Town. rooftop to exceed 750 square-foot size limitation. does not impact the application. guests and employees use which would also support existing businesses. boundary. 4 Town Planner McCool stated the proposed redevelopment yields a 540% change ini façade improvements that will result in a 100% impact to the site. As such, proposed changes fall into the classification of major site improvement. Town Planner McCool stated that staff finds the proposed redevelopment includes a mix ofh hotel and other incidental commercial uses and is concurrent with Site Development Plan and Major Site Improvement approval requests. Further, Town Planner McCool found that the Town Planner McCool stated thati in terms of rehabilitation and new construction, this application is for new construction. Town Planner McCool stated that based on analysis of the new site uses, protection of historic resources and archeological uses requires review. The applicant submitted historical, archeological, and paleontologica. reports because the application contains al historical residence that is locally significant to the Town of Morrison. The reports were reviewed by Jefferson County Historical Commission, the State Historic Preservation Office (SHPO), and the Colorado Department of Transportation. Town Planner McCool stated that the applicant was also referred to state Historical Preservation District Office (CDOT). Town Planner McCool stated that CDOT noted that construction of property might have archeological deposits associated with the historic residence. The applicant has added a note on the sheet Site Development Plan 1.0oft the site development plan stating that ifany paleontological or archeological resources are uncovered during the project construction, all work will be stopped and the paleo and architectural contacts shall be notified immediately. Upon the SHPO review, Town Planner McCool stated that in terms of building materials, staff found that the applicant is proposing materials using stone, shiplap wood-siding, corten steel panel, and other materials that are Town Planner McCool stated that ini regards to building design aspects, thel Planning Commission based their denial on this application due to concerns of the height and scale oft the building finding that, although the façade looked great, the building was tool big and overpowering. Town Planner McCool stated that the front oft the building is a more. historical looking facade and modern elements are stepped back to the higher stories using compatible colors and materials. Town Planner McCool stated there is public art infused and iti is these design aspects that are encourages in the Town's design standards which Town Planner McCool stated the proposed primary access to the hotel is off ofl Bear Creek Avenue and has a clearly defined entry in accordance with design standards. Town Planner McCool stated that the applicant has proposed high efficiency, durable fiberglass windows and doors to ensure they have transparent elements to engage pedestrians and create interest on the ground level. Town Planner McCool Town Planner McCool stated that in regards to rooftop equipment, staff found that the proposed rooftop equipment is in similar in form, material, and detail oft the primary structure. Town Planner McCool stated that staff voiced concern about seeing solar panels from ground level and that the applicant has Town Planner McCool stated that the Planning Commission unanimously denied the site development plan based on section 10-4-9-4(B)(2) oft the Code, finding that the proposed hotel is not compatible proposed professional offices are expressly permitted in CT zone district. the history clearance was granted by CDOT. complimentary and consistent with other historic resources. promotes compatibility and encourages inviting street presence. stated that staffi found the windows and functionality met the review criteria. moved the panels back 5 feet so they are not visible from ground level. because it does not preserve thel historic, eclectic character ofMorrison. 5 Town Planner McCool stated that thel Planning Commissions also unanimously recommended denial of the hotel special review use findingi it was inconsistent with the building bulk and location criteria in Town Planner McCool stated the Planning Commission unanimously recommended denial oft the rooftop patio special review use based on thej patio size and effects oft the surrounding businesses. Town Planner McCool stated that the Planning Commissions unanimously recommended denial of the major site Improvement application finding it inconsistent with design aspects in Section 10-1N-9(F) of Town Planner McCool stated that staff's recommendation is to grant the appeal of the Planning Commission's designation on the site development plan, based on compliance with the approval criteria with the conditions and approval ofs special review. Town Planner McCool suggested the Board approve the major site improvement application based on substantial conformance with the Old Town Historic Town Planner McCool stated that staffisi recommending approval on site development plan with Section 10-1F-3 ofthe Code. the code. Overlay District Guidelines. conditions. Board Discussion. Trustee Leonard asked about special review use on the rooftop patio. Town Planner McCool stated that the special review use includes the hotel and rooftop patio use. Town Planner McCool stated that staff reviewed the application against code requirements and specific requirements for rooftop patios and that isv what sets forth the 750 square-foot limitation in size. There is exceptioni ift the Board finds that there are exceptional circumstances. Trustee Leonard asked if the cost to build is a special circumstance. Town Planner McCool stated that staff's perspective ist they could not remember. how they got to 750 square- foot specification in the code. Town Planner McCool stated that staff found that based on the size and location of the proposed patio inj proportion to the size of the roof, that this was an exceptional Trustee Way inquired about how many egresses were needed for a 750 square-foot patio. Town Planner McCool stated that applicants have included a circulation plan that includes access to rooftop patio. Trustee Gill voiced concerns about the original 5-foot pedestrian corridor on the west side and said she noticed that staff suggested architectural features on the courtyard with stone and openness to community. That plan was deleted when the applicants added six more hotel rooms. Town Planner McCool stated the original application had a design for open courtyard against the abutting property, Café Prague's, patio area. Town Planner McCool stated when the applicant revised their plans to fill in the courtyard area with additional rooms, staff encouraged the applicant to use other tools in their toolbox to mitigate that. Trustee. Leonard asked ifs staff or the applicant performed any bulk analysis. Town Planner McCool stated that applicant has aj presentation and has talked a lot about how to minimize the bulk and scale. Town Planner McCool stated that staff and the applicant used the Town code to perform any bulk analysis. Trustee Way voiced concerns over vague language regarding restrictions of gatherings on the rooftop. Town Planner McCool clarified that thej proposed rooftop will be for special gatherings and for hotel Trustee Wirtz asked about the requirements ont the number oft bathrooms offered. Town Planner McCool circumstance. guests. stated that is up to the building code, not planning and zoning. 6 Town Attorney Flanagan suggested the applicants do their presentation to answer some oft thel Board's questions. Applicant Report. review. Applicant Chad' Wallace introduced the Root team (Root). and thanked' Town Planner McCool for her Wallace stated that Root wished to bring the appeal before the Board and asked Board to overturn the Planning Commission' s decision to deny the application. Wallace stated that the Root team observed: a disconnect between the approved documents outlining Morrison's future plan and developmental regulations compared to how things are actually handled int the Town. Wallace stated that Root sees the denial as subjective in nature and that it does not reflect the proposed hotel's strict appearance complying with the approved zoning district codes. Wallace stated that the Town'sg guiding standards during the design process provide ample basis for overturning the ruling oft the Planning Commission and stated that the purpose of2008 Morrison Comprehensive Plan, revised in 2015, set forth the vision of the community and helped decision makers plan proposals and guide future development in ai manner Wallace stated that based on community feedback and suggestion, lodging seem to be the most important element missing from Morrison. Wallace stated that Root recognizes change is challenging, especially for longtime residents. Wallace stated that Root's collaboration with Town Staff over the last fourteen months has been a testament to Root'sa adherence to design and zoning regulations to ensure the proposed Red Hotel meets and exceeds Morrison' s historical charm while bridging the gap between yesterday and tomorrow. Wallace stated the decision of Planning Commission's denial based on compatibility seemingly overlooks the Town's own development planning documents approved by the Planning Commission while overtly ignoring that the hotel technically complies with all regulations and thel height which has been designed to comply with CT zone district restrictions, as has the rooftop pergola. Wallace requested the Board to reconsider thel Planning Commission' 's decision considering the detailed compliance with Morrison zoning and developmental regulations and their commitment tol Morrison's consistent with division. vibrant future. Wallace provided a video presentation from their community meeting. Zeke Freeman from Root Architecture and Development stated he has been an architect for twelve years and has been in Colorado for fifteen years helping clients build their dreams, mostly in hospitality. Freeman stated that Root wants the hotel to be the "front porch" to welcome visitors to Morrison and wants to be part ofi fabric of thel Morrison community. Freeman stated he wants hotel guests to order from local restaurants and spend money at retail shops to support the community. Freeman expressed Root's diligence when they sat down with Town Planning department fourteen months ago they asked what the Town's vision was.. Freeman stated that Ifthe Board finds other design issues, Root is willing to address itand make changes Board Discussion. Trustee Gill clarified that the Town came up with set ofconditions sensitive to community concerns on light, noise, and hours of operation with over fifty people because ofr noise pollution and stated this Freeman stated that Root appreciated the community and ensured iti is not their intention tol have fulltime rooftop bar. Freeman stated that ift the hinge oft the proposed hotel is the 750 square-feet rooftop patio, impacts the quality ofl life oft the community. 7 Root would ask the Board to make ita condition and Root will ensure adjustments are made on the Trustee Leonard asked what the use of the rooftop patio is. Freeman stated the patio is set up for dinners with no operating bar. Freeman ensured the bar would only operate for special events and stated that ifthe rooftop was not being used for an event, it would be open to hotel guests. Freeman stated the main floor lobby would have food and beverages which would be open to the public. Trusteel Leonard asked for clarification on the stair enclosure and askedifiti is needed because the rooftop. Freeman stated that three-story buildings must have two means of egress. Trustee Way again stated that the language is vague ini regards to gatherings and thinks there is aj potential parking problem guest attending a special event. Trustee Way stated he was aware oft the community meeting that Root held, but wished the applicants had reached out to the residents of the town. Freeman stated he understood but that a community meeting was not required and offered to meet with Trustee Trustee Wirtz asked ifthere would be any amplified or live music. Town Attorney Flanagan stated that live music is not prohibited in the Town. Freeman stated that Root'sp plans are based on the Town's code. Trustee Leonard stated that Town staff agreed to the rooftop patio and pergola, but he does not understand how ai rooftop enclosure and pergola is an exception to height limitations based on being decorative. Trustee Leonard stated he does not agree with this exception. Town Planner McCool stated that the height limitation in CT: zone district is 40 feet and in supplemental regulations, the Town has exceptions to certain requirements regarding building height such as stairwells and elevator shafts. Town Planner McCool stated that Town staff found that the proposed elevator shaft met that definition. Town Planner McCool stated the pergola was an open design and is not enclosed as the code does not allow for this. Town Planner McCool stated the applicants proposed the pergola tol have open design to function like a canopy. Trustee Leonard stated that the pergola is not a named projection. Trustee Gill suggested project. Way personally to discuss concerns. saving the interpretation for Board discussion. Public Comment. Shari Raymond 111 Canyon Vista Lane. Raymond stated she was one oft the members oft thel Morrison Planning Commission who declined application based on historic overlay, bulk, mass, and scale ofthe hotel. Raymond stated that the proposed hotel will "stick out like sore thumb." Raymond stated the pergola and exceptions are arbitrary. Raymond stated that Board keeps referring to "keeping Morrison Morrison" but thinks this is going to be hard ift the hotel application is approved. Erik Strait 179 Canyon Vista Dr. Strait stated that parking is not a requirement of the applicant and disagrees that thel hotel would increase foot traffic int the Town. Strait stated the guests that are parking for the hotel could block restaurant patron parking. Strait suggested al hotel tax for potential police presence Jamee Chambers 207 Bear Creek Lane. Chambers stated that she sketched the downtown block where hotel would be and the proposed hotel on top oft the existing building. Chambers stated that shei is not opposed to the building itself, but that the building is too tall for downtown Morrison. Chambers stated the Town Planning Commission used historic overlay as reason for denial oft the application. Chambers needed and implementing an overnight parking fee to offset the police presence. stated the' Town can accommodate the hotel but not one at this bulk and size. 8 Maja! Stefansdottir 202 Spring St. Stefansdottir stated she is a member on the Town Planning Commission and agrees with Chamber's comments. Stefansdottir stated she is not against change but is against the proposed size and bulk oft the hotel. Stefansdottir stated she found it interesting that Root interviewed citizens from Indian Hills and Idaho Springs, but not one resident was interviewed from Morrison. Stefansdottir stated ift thel hotel is allowed it will set precedence and thinks the hotel plan is Gus Chambers 207 Bear Creek Lane. Chambers stated he thinks the hotel is a beautiful building in Denver but not for Morrison. Chambers stated he thinks iti is one story too tall. Chambers stated he is concerned about finding the logistics of building the hotel. Chamber stated that a comparable project in Town is the new water treatment plant and in order to build that, the contractor had to build a one-acre fenced off staging area to store the building materials and equipment. Chambers stated parking for construction workers and concrete mixer would also pose an issue. Chambers stated the applicants would have to lease parking lot for a year plus to build the hotel and will likely need a mobile crane in the alley Margaretta Caesar 102 Canyon St. Caesar stated she sees both pros and cons to the proposed hotel. Caesar stated she agreed with the cons that other speakers had mentioned including concerns about parking and disagreed with Town Staff saying they do not foresee parking being aj problem. Caesar stated the Town already has aj parking problem without the hotel. Caesar stated aj pro to the hotel is the attractive design and that she like the proposed stone work and beautiful windows and would like to see the whole building in that stone and windows replicated. Caesar stated she thinks the hotel is massive and overwhelms other nearby buildings but, in general, is not opposed to the hotel but thinks it would be better to have small boutique hotel. Caesar suggested removing the third floor but realizes that doing this would have ai negative financial impact for applicants. Caesar suggested the applicant put guest rooms Skip Campbell 103 Market St. Campbell stated he thought the hotel was a nice-looking building but that iti is in the wrong place in the downtown Morrison business area. Campbell stated he concerned about the construction timeline and that parking and alley will potentially be blocked. Campbell stated the applicant's video presentation was not realistic because it did not show how many pedestrians are actually inl Morrison on al busy day. Campbell is concerned about the potential need for a crane and tractor trailers and that utility and vendors will bel blocked from delivering food and supplies to local businesses. Brewster Caesar 102 Canyon St. Caesar stated he supports the' Town Planning Commission's denial of the site development plan and is disappointed to learn how far the Town's Planning Staff has gone to support this project. Caesar stated thel hotel is tool large to be compatible with adjacent properties andi is against the Town's desire to "keep Morrison Morrison." Caesar disagreed with the height and rooftop patio and using code exceptions to. justify going up another 10 feet will stand out like a sore thumb. Caesar stated parking is aj problem and this hotel will only exacerbate that problem for the restaurants and visitors. Caesar stated the hotel is still in the 100-year floodplain and could increase flood insurance for residents. Caesar stated the hotel is not compatible with nearby properties and thinks the applicants need Dave Killingsworth 403 Bear Creek Ave. Kilingsworth stated the applicants will never be an' "inny" and that Morrison is an "inny" Town. Killingsworth stated the Town has denied two proposed hotels in Craig Levy, Indian Hills. Levy stated that Red Rocks and Morrison are. known around the world and that Morrison is perceived by the world differently that the Town sees itself. Levy thanked Town Planner beautiful but not for Morrison. ori in front of proposed building to get materials to third-floor and rooftop. where the proposed Root offices are. to downsize by one floor. the past. 9 McCool for following' Town's guidelines and stated the applicants maximized what was possible and the proposed hotel is beautiful. Levy asked Mayor Wolfe and' Town Trustees to look into project more deeply Krista Nash 171 Red Rocks Vista Lane. Nash stated she grew upi in Morrison and owns the building next to the proposed hotel. Nash stated the applicants have been trying to be involved in the community. Nash disagreed with prior comment that Morrison is a dying' Town and not an' "inny outty" Town. Nash stated she does not believe Morrison purposely created a code to deny this project and thinks the problem came when the Town outsourced planning. Nash stated the Town has three choices which are option one, to reject the application and make the applicants financially whole or take a legal hit. Second option is to ask the applicants to fix the items the Town does not approve on the application; or, third option is to Vivian Lindquist 171 Red Rocks Vista Lane. Lindquist stated she represents aj younger, generation of Morrison and from what she has seen, the hotel plan is beautiful and compliments Red Rocks. Lindquist stated she liked the hotel lobby plan and that it conforms to modernization. Lindquist stated the proposed hotel is not similar to big chain hotels. Lindquist stated the Town should deny the rooftop patio portion of Skyler Moore 31 S. Rainbow Crest Dr. Moore stated he agrees with prior comment by Lindquist. Moore stated he disagreed with Town by having the applicants spend money and time on an application that conforms to Town's code and would like to see Town code change. Moore stated that Town will see the applicants everyday around' Town and notl hiding in a corporate office. Moore thinks hotel will be a great asset and that it would not be economical for the applicants to reduce the hotel to two stories. Doug Lake 3850 S. Lowell Blvd. Lake thanked' Town Planner McCool for her work and stated he appreciates both sides to this issue and that adherence to the Town Code is appreciated. Lake stated other towns would jump at the opportunity for hotel by the Root team. Lake stated he and his wife own four Mike. Jones 23576 Pondview PI. Jones stated he grew upi in as small town and understands if the Town wants to "keep Morrison Morrison." Jones' concern is that the Town wants no change whatsoever and asked what growth look likes. Jones stated the Town willl have issues with any new construction project given the limited space within Town and believes thel hotel will give people a reason to come into the Town. Jones stated he believes Root Team are the best people for this project and would like Town to Sharolyn Anderson 215 Spring St. Anderson stated that Morrison is not a town to make other people rich. Town represents small community that supports residents and businesses. Anderson stated she does not think proposed hotel is not compatible with the historic overlay district. Anderson stated that the original plan was a 15-room hotel until greed took over that the Town should not encourage this. Anderson stated judgment will remain to "keep Morrison Morrison" by the residents. Christine Turner 188 Red Rocks Vista Dr. Turner agreed with Town Planning Commission and their decision to reject an application that will not "keep Morrison Morrison." Turner stated residents were not at the community meeting and believes the residents can control any potential change. Turner stateda proposed 241 room hotel will not make a difference in visitors coming to town. Turner urged the Board not and stated thel hotel may be big, but will bes sO appreciated. approve the application. the plan ift that is what potential denial will be based on. businesses and understands the inconvenience ofb building the project in' Town. approve the hotel. tog give special exception for this project. 10 Nick Kuntz 6864 Linx Lair Rd. Kuntz stated he has worked with applicants for many years and can speak tot their ability to build beautiful buildings. Kuntz stated other proposals will come but Red Hotel is uniquely created by a talented team of architects and that the proposed hotel is within regulation and is Catherine Lake 3850 S. Lowell Blvd. Lake stated she noticed there were only two young residents who spoke during public comment. Lake stated she wanted to see diversity of generations. Lake stated applicants want that for Morrison and have invested in this project. Lake believes hotel will bring the Town Clerk stated for the record that the Town has received a total of 18 public comment letters. not like other hotels. community together and thinks Morrison is craving change. Mayor Wolfe closed the Public Comment for all three applications. Trustee Sutton rejoined the meeting at 8:55) PM. Applicant Rebuttal. Freeman stated he appreciated everyone coming to the meeting. Freeman reminded the Board that Root sat down with Town to see what' Town's desired plan was from the beginning. Freeman stated that Root was asked to work with Town Planning Staff and if there is another decision-making party that should be present. Freeman stated Root wants to do a good project and assured the Board they are not greedy, but it has to make sense to them financially. Freeman stated that Root would love the opportunity to put this project intoj place and thinks Morrison is an economic catalyst. Freeman ensured the Board that they meet all technical requirements in the zoning and building code. Root would like to see change for the better Wallace stated that Root's goal is not to exploit Morrison and does not want the community to think they are big developers. Wallace stated that Root are good neighbors and have checked every box working with Town Planner McCool for hundreds of hours. Wallace acknowledged that thej proposed hotel is big and perhaps the building needs to be reduced to two stories but believes they followed Morrison'sz zoning Trustee Leonard asked ifit financially make sense to do anything different than what was originally designed. Freeman stated they will likely pay $160,000 ins sales tax and the samei inj property tax. Freeman stated the building is what it needs tol be to obtain financing but is open to have a conversation with the Trustee Leonard asked ift the Board was to continue the application to discuss comments from residents, if Root would be acceptable to a continuance and ifl Root would be open to sitting down with Townl Planner McCool sO an agreement could be established that works for the town and the applicants without entering into any legal avenues. Trustee Leonard stated that, alternatively, the Board can give the applicants an answer now or talk about it and create a committee. Freeman stated they were open toi it if the meeting was with actual decision makers oft the Town. Trustee Gill stated thati ifiti is not continued, the Board will have to hash through conditions and agrees with Trustee Leonard's suggestion to continue the application for the next generation. code and the future of Morrison. Board. and create a committee. Staff Rebuttal. Board Discussion. Mayor Wolfe stated that Town Planner McCool has no rebuttal. 11 Trustee Forey disclosed that he has previously worked with Root but can still sit on thel Board on behalfof Trustee Way stated he liked the idea ofhotel but was voted onto the Board and is a representative for the Town and his constituents. Trustee Way stated hei is open to continuing the application. Trustee Wirtz stated he liked Root's presentation' but a lot of the Town is scared oft this hotel not fitting in and had hoped that Root would have reached out to residents to see what they wanted. Trustee Wirtz voiced concern about the height of the hotel and parking. Trustee Wirtz stated the Town does offer public parking but the employees that Root may potentially bring in will be parked there for many hours and that will take away parking from local establishments and could take away from the parking revenue. Trustee Wirtz stated he has some concerns regarding the building materials and lighting. Trustee Wirtz stated he Trustee Sutton agreed with Trustee Wirtz and thinks the hotel could be good for the Town but thinks the Trustee Gill stated that thel Planning Commission is currently working on the Town's comprehensive plan and the projected growth count is inaccurate int the 2015 version. Trustee Gill stated that in 2019 the Planning Commission was tasked with writing a historic overlay district code to address issues in the base Trustee Gill stated the Town is against too much change but that "keep Morrison Morrison" does not mean they do not welcome change. Trustee Gill: stated the Town needs conditions to mitigate thei issues of thel height and bulk ofthe proposed hotel and believes there is a disconnect with what resident's support Trustee Gill stated that in regards to specifics use to special review, al hotel and rooftop patio are not uses by right and that a use that is not expressly permitted is excluded unless it is] permitted through special review. Trustee Gill stated that the rooftop patio issue is that residents will be adversely affected by noise and light from the patio. Trustee Gill mentions that ins section 10-1F-3 oft the Town code the Board shall consider and may impose modifications or conditions concerning development features where necessary and that the Board does not have to approve al hotel. Trustee Gill stated that she hopes everyone can get to Trustee Gill referenced review criteria number nine of the town code ensuring that appearance and general layout oft the proposed development will be compatible and harmonious but this does not refer to Trustee Gill stated that in reference to Historic Overlay Guideline Standards the Board should havea condition that the applicants have a stronger step-back above the second story enough to reduce the bulk from the pedestrian level along south facing façade and suggested more oft the historic material be Trustee Gill stated the historic guidelines are to ensure approvement associated with the exterior are compatible and fit into their surrounding and that thej proposed hotel would be sandwiched between two Trustee Gill stated under application of historic district design guidelines in section 10-1N-9(d), new construction shall be compatible with the general character of their surroundings and that all construction Morrison and make a fair decision. thinks Town could use hotel but would like to discuss conditions. current proposed building is too big. code that would allow this kind of project in Town. versus what Root supports. aj place or some compromise with Root. previously granted zoning and is unsure how to define this. applied. smaller buildings versus between two taller buildings that are more compatible. 12 projects shall be consistent with overlay construction guidelines. Trustee Gill stated that the Planning Trustee Gill stated in terms of building materials, 85% of the building materials on east façade are made Trustee Gill: stated ins section 10-1N-9(f), building site aspects likei mass, form, scale, height, alignment, etc., the goal oft the historic overlay district is blending new development. Mayor Wolfe stated he interprets this as meaning "blending the old with the new" and that is what thej proposed hotel has. Trustee Gill confirmed and stated Rooti is offt to good start on stone and rounded windows but she would like to see al hotel to be a better balance of historic and modern materials but thinks the proposed hotel is Trustee Gill stated that ini the compatibility section, 10-IN-18(b), the intent is to have compatible design tof fit size height and scale of other sites. Trustee Gill stated the step-back can go a long way to minimizing bulk plane and also provides correct ratios for sufficient light and air. Trustee Gill stated the north and east elevations have no historic architecture and preferred the original patio plan on the west side before Root incorporated six additional hotel rooms which eliminated the side Trustee Gill disagreed with the finding that the stair enclosure and pergola are similar projections tot the ones listed in the code but understands it is subjective. Trustee Gill suggested that because the height of the first floori is 13'8" tall versus other stories at 101 feet, reducing the height of the first story if Trustee Gill stated parking is a concern specifically with Town Hall given it is often used tol hosts events and meetings and ifs shared with the hotel guests this could discourage the community from participating ins such events and meetings. Trustee Gill suggested implementing "no hotel" parking in the Town Hall parking lot or to restrict parking hours within that lot during an event. Trustee Gill stated it is critical to ensure al healthy government that encourages participation from the community and ifp people cannot park and come in to' Town Hall toj participate, the Board is not doing their democratic duty. Trustee Gill suggested a solution might be utilizing a private parking lot across from hotel with owner oft that lot for Trustee Leonard stated he did not think residents understand the zoning requirements and possible ramifications if application is denied. Trustee Leonard asked Town Attorney Flanagan ifit was appropriate to form a committee based on the discussion between Board, applicants, and residents to move forward to obtain ai resubmittal. Town Attorney Flanagan stated the continuance can be selected for as specified date for the applicant to turn ini revised application or the Board can set forth conditions for Mayor Wolfe asked for feedback from applicants. Freeman stated that hei is open for a continuance but needs to ensure that Root is working with appropriate Town Staff who can approve or deny the application. Freeman stated that Root can possibly look at doing a step-back or reducing the number of hotel rooms but that doing a step-back may eliminate parking spaces int the rear of the hotel. Trustee Leonard suggested a continuance of the public hearings and to appoint a committee to meet with Trustee Leonard and applicants agreed to meet on Tuesday, March 12, 2024 to discuss the applications. Commission denied the application with confidence because oft this guideline. up of prohibited material like steel and concrete block. architecturally good-looking. patio next to Café Prague. impossible. hotel guest parking. approval to the applicants and vote. the applicants. 13 Trustee Sutton made a motion to continue the hearing until May' 7, 2024. The motion was seconded Trustee Forey made a motion to form a committee to work on this project with Trustee Gill and Trustee Leonard. The motion was seconded by Trustee Way. All members present voted aye. The Town Attorney Flanagan clarified that all three public hearings will remain open, the public comment for thel hearing's has been closed and the hearings will not be re-noticed. The hearings have been continued to by Trustee Gill. All members present voted aye. The motion carried. motion carried. May 7,2024. Trustee Sutton left the meeting at 9:58 PM. Ordinance NO.542-K An ordinance vacating aj portion of the Spring Street right-of-way in the Town. Mayor Wolfe called the Public Hearing to order at 10:121 PM. Trusteel Leonard and Trustee Forey recused themselves from the hearing. Town Planner McCool introduced Jamee Chambers of Chambers Consulting and stated the applicants are requesting a vacation of south side of Spring St. which includes six lots totaling 0.289 acres to be vacated. Town Planner McCool stated the existing conditions are a 60 foot-wide road with steep slopes and embankments with a dilapidated retaining wall, and 161 feet-wide asphalt. Town Planner McCool stated that Strain Gulch provides stormwater, drainage, wildlife, and reservoir releases. Town Planner McCool stated Spring St. bridge does not have the carrying capacity of2 25,000 tons like it originally called for. Town Planner McCool reviewed the subdivision and lot specifics and stated that all lots conform to R-1 Town Planner McCool reviewed criteria number 1 regarding no present or future public access need for the area of the vacation and stated the application was publicly noticed in accordance with Town code and sent out on referral. Town Planner McCool stated the Town has received two public comment letters. Town Planner McCool stated that during the developmental review process, staff sent the application on referral and received feedback on keyi issues that right-of-way serves public needs, and easement would be needed for utilities, present and future need for drainage, ditches, and emergency response. Town Planner McCool stated there may be possible negative impacts to the Town int terms of vacating the right- of-way which may affect the bridge replacement. Town Planner McCool stated there were also concerns from Utility Director Foutz about financial responsibility and that there were also safety concerns about Town Planner McCool stated the Town staff received a resubmittal on January 12, 2024, which included the right-of-way vacation easement but that the easement did not fully cover the present and future access needs. Town Planner McCool stated that staff has provided the redlines setting forth revisions to ensure the easement be dedicated over the vacation area and will function like right-of-way. Town Planner McCool stated that property owner shall bare all costs associated with obstruction or interreference and Town Planner McCool stated that in regards to the second review criteria number, leaving anybody without access to public road, the concerns with the right-of-way width being 50 feet. Town Planner McCool stated the Town engineer had concerns about the offsets not being adequate due to existing density and dimensional standards. the right-of-way width. staff set forth conditions ofa approval. 14 topography. Town Planner McCool stated that during process, staff facilitated and on-site visit with applicants, staff, and West Metro Fire District to discuss the bridge capacity and to ensure road width would be adequate for the fire district to serve residents. Town Planner McCool stated that staff found the Town Planner McCool stated that ini regards to the third review criteria, whether or not the easement should be reserved by the Town, this easement is needed for public uses and utility. Town Planner McCool stated the Town' 's water attorney had concerns about there being no title commitment and wanted to ensure the applicants acknowledged the Strain Gulch easements. Town Planner McCool stated staff added an attorney certificate which would ensure land being dedicated is free and clear ofincumbents. Town Planner McCool stated that staff finds the once applicant address the suggested redline changes, the land would be dedicated free and clear in protection of Stain Gulch. Town Planner McCool stated the Planning Commission heard this item on February 13, 2024 and recommended ac continuance until the Spring St. bridge was built. Town Planner McCool stated that staffi is recommending approval with conditions oft the application based on preliminary findings. vacation would not leave anyone without established roadway. Board Comment. Trustee Wirtz asked ifit was common for Town ofN Morrison to give away land versus selling it at fair market value. Town Attorney Flanagan could not say ifiti is common in Town, but did state that itis common in large subdivisions or ifthere are errors in the plat or when it is costly to the Town to maintain the right-of-way. Town Attorney Flanagan stated that state law controls the vesting of land but it is not uncommon to request compensation for larger vacations. Applicant Comment. Chambers Consulting addressed the previous right-of-way vacations inl Morrison and stated vacations were quite common and stated that applicants would be donating to Town for use ofright-of-way by way Trustee Gill asked about previous right-of-way applications and reviewed Town's code and asked ift the vacation is in the public'si interest. Trustee Gill asked if there is a future or public need but agreed that the easement covers this. Trustee Gill asked ifthe vacation would adversely affect surrounding properties and what the applicant'si interest is in acquiring the land. Trustee Gill asked ifit is more likely that aj private property owner would have the opportunity to block at trail on the land or, if the Town retains the land is the' Town's, would the Town be in a better position to say they do not want connectivity trail. Trustee Gill stated the vacation should benefit the Town in some way. Trustee Gill is uncomfortable with possibilities ift this application is granted regarding potential sub-divisions and believes community would oppose this application for the same reason. Trustee Gill stated that ifthis property is vacated, there could be two additional lots sub-divided and feels this would set aj precedence ift this is granted. Trustee Gill asked if the Board can put condition on the approval that there will be no sub-divisions. Trustee Gill discussed how this might apply to her own property. Town Attorney Flanagan requested that the Board focus on this specific application and stated he had some hesitation about putting a condition on Trustee Gill would like to know ifas subdivision is the applicant's goal. Chambers Consulting stated ifa subdivision request from the applicants was received, there would be al hearing and could be discussed at ofp paying taxes to the Town. subdividing. that point. 15 Town. Attorney Flanagan reviewed the review criteria with the Board. Trustee Gill asked ift the easement allowed for widening oft the road. Town Attorney Flanagan stated the applicants would have to remove any structures: inj place and that it would be easier for the Town to havea right-of-way. Town Attorney Flanagan stated the' Town could prevent the County from coming in and putting in at trail ift there isa a right-of-way but the Town could not prevent a trail ifiti is privately owned. Trustee Wirtz asked for clarification on why the application is being discussed now since the Planning Commission continued thel hearing. Town Attorney Flanagan clarified that the Planning Commission had Trustee Wirtz asked ifthis application would affect the building oft the new Spring St. bridge. Town Public Comment. No oral report. authority to approve, deny, or recommend, not continue the application. Planner McCool stated it would not affect the new bridge. Mayor Wolfe closed the public hearing at 10:52 PM. Staff Comments. None. Trustee Wirtz stated the Board is always looking for ways to get additional revenue and this is an opportunity to get additional revenue and does not like thei idea of giving away the land for free. Trustee Way made a motion to adopt Ordinance 542- - AN ORDINANCE VACATINGA PORTIONOF AC CERTAIN RIGHT-OF-WAYY WITHINTHE TOWN and address' Town Staff Town Attorney Flanagan stated the Town needs an action on the application. Trustee Gill stated she feels uncomfortable because that the applicants are fellow Board members and friends. Mayor Wolfe suggested making a condition that applicants have to pay for the vacation. Town Attorney Flanagan advised the Board could not require payment for the vacation at this time. The Town does not have a current policy in Trustee Gill asked if the Board could put condition on the approval that applicant would have to disclose what the intention oft the vacation is and require applicants to have conversations with neighbors to get Mayor Wolfe suggested a continuance. Town Attorney Flanagan asked what the purpose of the continuance would be. Mayor Wolfe stated a continuance would give the Board time to ask about the intention of vacation, discuss a possible fee, and talking to neighbors about the possible outcome. Town Attorney Flanagan stated there was no policy in place for fees required so it cannot happen with this application, but can happen with future applications. Town Attorney Flanagan also stated that the Trustee Wirtz stated he would like to go with Trustee Way's motion but generally disagrees with the Trustee Way made a motion to adopt Ordinance 542-A ANC ORDINANCE VACATINGA PORTION OF A CERTAIN RIGHT-OF-WAY WITHINTHE TOWN. The motion was seconded by Trustee Wirtz. The motion carried by a vote of three aye and one nay. Trustee Gill voted nay. redline comments. The motion was not seconded. The motion failed. place that stated the applicant must pay for the land. their feedback. neighbors were given proper notice of the! hearing. Town giving away land without some financial benefit. Trustee Leonard rejoined the meeting at 11:04PM 16 Trustee Forey did not return to the meeting. General Business. Town Employees. Resolution 2024-03- A Resolution Increasing the 2024 Budget for Salary Compensation for Mayor Wolfe stated that Trustee Sutton suggested at thel February 6, 2024 Board meeting a salary increase of3%1 raise for all Town employees with an additional 2% to be distributed on a merit basis at the discretion oft the Town Manager. Trustee Sutton also proposed a 5%1 raise for all Morrison Police Officers with an additional 4% to be distributed on a merit basis at the discretion of Police Chief. Mayor Wolfe stated that the Town Manager previously approved payi increases that were approved in the Town Clerk Neverdahl reviewed the proposed resolutions to the Board. Resolution 2024-03 A was the amount needed for only a 3% and 5% increase. Resolution 2024_ 03 B was the amount needed to fora salary increase at max discretion, 5% and 9%. Town Clerk Neverdahl also clarified that employees who previously received ai raise from the Town Manager will not receive an additional salary increase, but Trustee Leonard asked ift the increased budget will be either $56,122.08 or $83,446.42 and asked for clarification about the discretionary amount. Town Clerk Neverdahl confirmed that she would like the department heads to decide the discretionary amount and confirmed that budget amendment would be for Trustee Gill stated ifthisi isa a COLA raise that stated all staffs should receive the same amount and Trustee Leonard stated that he felt the department heads will give all their employees the max discretionary amount and suggested the Board approve salary increases in the amount of5% to town Trustee Leonard made a motion to adopt Resolution 2024-03-B: A Resolution Increasing the 2024 Budget for Salary Compensation for Town Employees and amend the resolution for a 5% fort town employees and 9% for the police department.. The motion was seconded by' Trustee Way.All 2024 budget. Trustee Leonard stated he disagreed with prior pay increases. would be brought up to the max discretionary amount set forth by Trustee Sutton. the either $56,122.08 or $83,446.42. suggested everyone should receive 4%. employees and 9%1 to the police department. members present voted aye. The motion carried. Mayor Wolfe clarified that the wage increase will bei retroactive to. January 1,2024. Title 10 Revisions. Trustee Gill stated that it appears the current code does not advance the current policy and thinks Town Trustee Gill made a motion for a three-month moratorium on all new land use applications that engage Title 10. The motion was seconded by Trustee Way. All members present voted aye. The Town Attorney Flanagan clarified that the moratorium is just for new applications that have tol been needs to revise the entire Title 10. motion carried. deemed complete by the Town Planner. 17 Town Attorney Flanagan asked for further direction from Board for ai full Title 10rewrite and to direct Trusteel Leonard made a motion to direct stafft to request DOLA grants and to direct Town counsel to start staff to apply for al land use revision grant through DOLA. af full rewrite oftitle 10. Trustee Wirtz seconded. All present vote aye. Department Reports. Accounting. No oral report. Museum. No oral report. Utilities Department. No oral report. Town Clerk. Town Clerk Neverdahl stated the Holcim executive session is on the April 2, 2024 Board Town Attorney. Trustee Wirtz asked for an update on the Town Manager. Town Attorney Flanagan Agenda. stated that he will be sending out an update soon. Consent Agenda. Trustee Way made a motion to approve the Consent Agenda for March 5,2 2024. Trustee Gill seconded. All present voted aye. Board Comments. Trustee Wirtz asked for an update on speed cameras. ChiefVinelli stated the speed camera was delivered and will be set up the following week tol begin the trial period. Adjournment. Mayor Wolfe adjourned the regular Town Board Meeting at 11:21 P.M. N ) Chris Wolfe, Mayor ATTEST: myn Town Clerk OE Courtney Christensen, CLLA Deputy 18