TOWN OF MORRISON PLANNING COMMISSION TUESDAY, FEBRUARY 13, 2024  REGULAR MEETING OF THE PLANNING COMMISSION  6:00 P.M.  Call to Order. Chairperson Chambers called the Planning Commission Meeting to order at 6:00 P.M. Roll Call. Chairperson Chambers, Commissioners Stacy Feehery, Sharolyn. Anderson, Petra Bute, Maja Stefansdottir, and Alternate Commissioner Shari Raymond and Ambria Shorb were present. A quorum Staff Present. Austin Flanagan (Town Attorney), Carrie McCool (Town Planner), Ariana Neverdahl  was established.  (Town Clerk), and Courtney Christensen (Deputy Town Clerk).  Amendments to the. Agenda. None. Public Hearings.  Special Review approval for al hotel and otheri incidental commercial uses inside the principal building, a Site Development Plan, and Old Town Historic Overlay District Major Site Improvement for property at 203 and 205 Bear Creek Avenue, Morrison, Colorado 80465.  Chairperson Chambers called thel Public Hearing to order at 6:01 PM.  Staff Report. Town Planner McCool informed the Planning Commission that there are three applications for the Commission to discuss and evaluate. The first application is a Site Development Plan, approval to construct a 13,316s square foot mixed-use building with 11,345 square feet ofhotel with a 1,215 square foot rooftop patio. The second application is a Special Review approval for a 3- story, twenty-one room hotel with al 1,215-square-foot rooftop patio. The third application is an Old' Town Overlay District Major Site Improvement for the property located at 203 and 205 Bear Creek Avenue. Town Planner McCool stated the redevelopment site is. 1320 acres andi is located: in the Old' Town Historic Overlay District. The subject property is currently zoned Commercial Transitional. Town Planner McCool reviewed the current parking conditions with the Commission; noj parking facilities on site, three street parking spaces, and a parking lot located behind the building with eleven parking spaces. Town Planner McCool informed the Commission the project site is located entirely within the Bear Creek 100-year flood plan. Town Planner McCool stated that there are two principal buildings on the project site. One of the buildings located at 205 Bear Creek Avenue is a 914 square foot building that is al historically significant building that is included in the National Register of Historic Places Inventory as site #10, the Tom Lewis Home. Town Planner McCool stated that since the structure is a historically significant building within the historic district, approval ofa a certificate of demolition is required before issuance oft the demolition permit. Town Staff reviewed the application and conditionally approved the Certificate ofl Demolition finding the application meets the review criteria for Section 10-1N-10 of the Town Code. All required land use approvals must be secured before issuance oft the certificate of demolition and subsequent demolition Town Planner McCool reviewed the Site Development Plan application with the Commission. Town Planner McCool entered into the record an anonymous letter that opposed to the Red Hotel Application. Town Planner McCool stated that Town Staff found the applicant, in general, has demonstrated compliance with the review criteria outlined in the Town Code in Section 10-4-8 and 10-4-9-4(B), witha few conditions of approval. One oft the conditions of approval came from the West Metro Fire Protection District regarding the plaçement oft the trash receptacles under the stairs on the west side of the building. West Metro Fire Protection District also noted that the proposed 3-inch caliper trees at their maturity are  permit.    35 feet tall and will impede the fire department's aerial access to the building. Town Staffrecommends: the applicant work with the fire department to select a tree species from the Town's recommended plant Town Planner McCool reviewed the Special Review criteria with the Planning Commission. Town Planner McCool stated that the subject property is zoned Commercial Transitional (CT). Town Planner McCool stated that the scope oft the Special Review use is only for thel hotel use and rooftop patio. Town Planner McCool stated that Town Staffhas found that the size of the site is adequate to accommodate the hotel use and isi in compliance with the Town'sy yard and bulk requirements. The proposed rooftop patio is 1,215 square feet which is 33.7% of the total 3,605 square foot roof. Exceptional circumstances exist to allow a rooftop patio to exceed 750 square feet. The applicant will meet the maximum occupancy load thati is outlined in the International Building Code (IBC). No amplified music will be permitted to comply with the Town's Noise Ordinance. Town Planner McCool stated that the applicant has set forth hours of operation for the rooftop patio; 8:00 am to 10:00 pm on weekdays and 8:00 am to 11:00 pm on weekends. Town Planner McCool stated that the applicant has provided in great detail that the size oft the rooftop patio is proportional tot the total square footage ofthe roof. Town Planner McCool stated that the proposed hotel and rooftop patio will not change the site'st traffic circulation or access to adjoining streets. Town Planner McCool stated that the applicant will utilize the Town's pay-for-parking: program and thiswould increase the parking revenue for the Town. The applicants will provide three parking spaces on the site that allow EV charging. Town Planner McCool stated that there is no parking requirement in the CT Zone District. Town Planner McCool stated that the existing steel railing located along the western boundary oft the property has been incorporated into the design. The applicant is proposing four-foot-high walls and planters on the rooftop patio to screen both the general public and rooftop mechanical equipment. Town Planner McCool stated that the application complies with the height, yard, and bulk requirements oft the CT Zone District. Town Planner McCool stated that the applicant has proposed mitigative measures for the subject property, step back, and changes in cladding on the south elevation as well as various wall cladding. The applicant has also proposed a 1,145-square-foot mural on the east elevation which they will ask for community input on the final mural design. Town Planner McCool stated the applicant complies with the Town's sign and lighting code located in the Old' Town Historic Overlay District Guidelines. Town Planner McCool stated that the applicant will comply with the Town's Town Planner McCool stated the redevelopment proposal includes a 540% façade change and the site improvement impacts 100% oft the site area. Town Planner McCool stated the applicant is proposing a redevelopment that includes ai mix ofl hotel, incidental commercial, and professional uses. The applicant is requesting a special review use approval for the hotel and rooftop patio concurrent with the site development plan and major site improvement application approval. Town Planner McCool stated that professional office use is already a permitted use in the Commercial Transitional Zone District. Town Planner McCool stated the applicant considered the context oft the site in their proposal. The applicant is proposing the protection ofhistoric resources and potential paleontological and archeological resources that promote compatibility with the character ofMorrison. Town Planner McCool stated the proposed entry and windows are in conformance with the design guidelines. Town Planner McCool stated the applicant has proposed rooftop equipment screening that is similar in form and material to the primary structure. Town Planner McCool stated the applicant has proposed rooftop solar panels to bei installed Town Planner McCool stated that Town Staffi is recommending approval oft the Site Development Plan with conditions. Town Staffi is also recommending approval of the Special Review Use and Major Site  material list that would, at full maturity, be no higher than 18-20 feet.  noise ordinance.  4'6" from the edge of the roof, limiting the visibility from ground levels.  Improvement Applications. Applicant Report.  2    Chad Wallace, Krista Wallace, Zeke Freeman, and Amy Freeman of Root Architecture and Development Amy Freeman thanked the Town Staff for their work on the project over the past 14 months. Freeman stated the Root Team is seeking to create spaces and relationships that foster community. Itis Zeke Freeman stated the "why" for their project is wanting to invest in their hometown and community. Freeman stated that they are architects and believe in the power of great design to be a catalyst for economic growth. Freeman stated that they have completed a lot ofa architectural work in the region. Freeman stated their goal is to celebrate the Town's past by incorporating the beauty oft the town in their design. Freeman stated that they see. Morrison as the front porch to the mountains. Chad Wallace stated that Root Architecture and Development (Root) was looking for al location for their home office and when they found Morrison, it felt special and like a once-in-a-lifetime opportunity. Morrison is the perfect segway between the city and the Mountains. Root worked hard to incorporate the Town's mottos "Keep Morrison Morrison.": Root came up with ai modern design and blended it into something historic to both Keep Morrison Morrison and to maximize the value of the land. Wallace stated they have conformed with local standards and pulled some oft the identity out of Red Rocks Amphitheater and brought that into thei identity of the hotel. Wallace stated that the Town has thorough Old' Town Historic Guidelines and Root has worked hard for their project to be the vision ofwhere the past meets Zeke Freeman stated that" Town Planner McCool did a great job of presenting the overall development Zeke Freeman mentioned that the plan for the entry lobby of thel hotel is al barista or a gelato bar. Freeman stated Root wants to respect and support the local restaurants. Freeman stated that thei idea for the rooftop patio is it would be reserved for special events, there will not be a regular open bar. Freeman stated the ideai ist tol have local restaurants cater to the rooftop patio. When the patio is not being used for a special event the hotel guests are welcome to use thej patio. Freeman stated that the hotel rooms will include a QR Code in the rooms that guests can use to order from local Morrison Restaurants. Freeman stated that the guests coming and traveling to Red Rocks Amphitheatre stay in the surrounding townss. Freeman stated that Root'sgoal is to capture some of the guests and give them a place to stay. Freeman stated that the hotel would include a conference room that would be available to all local businesses. Freeman stated that accessibility in old towns can be difficult and they have provided handicapped access to the hotel rooms and the rooftop patio in their design. This is not required under the current building code but Root Amy Freeman stated that she would head the project for the mural on the side oft thel hotel and encouraged Zeke Freeman stated that thel hotel would have an economic impact on the local community andi increase the restaurant and retail revenue. Thel hotel will also increase the local lodging tax and property tax that will go back to the community. Thel hotel will act as an economic catalyst for the downtown area of Morrison. Freeman stated the hotel will also serve as aj place ofc community gathering. Freeman stated that about 1.5 million guests visit Red Rocks Amphitheatre with no place for them to stay in the Downtown Morrison area. The Red Hotel will help fill that gap by giving them aj place to stay. Freeman referenced the estimated amount ofl lodging tax that would go back to Morrison at approximately $53,219.  introduced themselves to the Commission.  their hope to create the front porch for the front range.  the present. plans for the project.  thinks iti is important tol have accessibility for everyone. the community to be aj part of the process.  3    Zeke Freeman addressed the areas of concern regarding the Red Hotel. Freeman highlighted that parking in the CT District is not required. The Red Hotel will utilize the Town's parking program. Utilizing the parking program will support the Town's paid parking program andi increase the revenue. Freeman referenced the typical parking ratios for commercial centers, shopping centers, and rural small towns, the ratio begins at 61 to 1,000 square feet and goes all the way down to 1 to 1,000 square feet. The downtown parking for Morrison is currently ai ratio of8 parking spots for 1,000 square feet. Freeman stated Morrison is a great hub for hiking and trails and the paid parking program has helped free parking spaces for guests visiting the Town. Freeman stated that less parking promotes sustainability by promoting ride shares and preserves the aesthetic oft the downtown area. Freeman stated the current hours for the parking program are 10:00 am to 6:00 pm. Hotel guests will typically check in later than 6:00 pm and before 10:00 am and this will limit the impact on the current parking in Morrison. Freemans stated that the current site does not have any parking spaces so Root is adding three parking spaces including an ADA-accessible spot. Zeke Freeman referenced the Towns Comprehensive Plan and highlighted the Economic and Commercial Development section. Freeman stated the Comprehensive Plan has a goal of attracting new business, improving the economic vitality oft the community, and strengthening the quality of life for residents. Freeman stated that Root made it a goal to maintain the character of the Town as mentioned in the Comprehensive Plan. Freeman stated that the goal also references supporting small businesses and encourages an eclectic mix of businesses and services, all ofwhich apply to Root and their proposal. Freeman stated that Morrison is great and they do not want to change it, rather, they want to be aj part of  it.  Public Comment.  Randy Look, 311 Spring Street. Look stated that he did not think the hotel maintained thel historic feel oft the Town. Look stated that he appreciated the proposed mural on the side oft the building but voiced Kyle Burris, 101 Red Rocks Vista Drive. Burris stated that the hotel was too big for the site. Peter Twohy, 227 Ashland Road, Maryland. Twohy stated that he has visited Red Rocks Amphitheatre many times and has never stopped in Morrison. Twohy stated he appreciated the architectural design. Craig Levy, 341 Indian Hills. Levy stated that he is ai realtor and real estate appraiser. Levy stated that thel Root team did a greatj job with the architectural design. Levy stated that things change and with the Root Architecture and Development team, it would be a change for the good. Levy stated that al lot of people bypass the Town and do not stop on their way to Red Rocks Amphitheatre. John Trout, 372 Mt. Evans Drive. Evans stated that he could not speak on the hotel but stated Chad and Krista Wallace are wonderful people and support their community. Douglas Lake, 3850 S. Lowell Blvd. Lake stated that change happens, we do not get a choice about change. Lake stated that change is coming and the Town has the opportunity to decide what that change looks like. Lake asked the Commission when people visit Red Rocks Amphitheatre, do they want them to Kathy Jordan, 221 Red Rocks Vista Drive. Jordan stated her mother was on the committee who made the historic district. Jordan stated her mother would not support the proposal. Jordan stated that the  concern over the scale oft the building.  remember Denver or Morrison.  architecture was not historic and was too extreme.  4    Nick Kuntz, 6864 Lynx lair Road. Kuntz stated that the Root Architecture and Development team is Krista Nash, 171 Red Rocks Vista Lane. Nash stated that she owns the Morrison Mercantile building. Nash stated that Root Architecture and Development met with her and she was initially shocked by the proposal but also stated that she felt they did a great job on the design. Nash stated that she does agree that change is coming andi iti is difficult to decide what the change looks like. Nash stated that ift the design isa approved, it will create an over flow effect on the Town. Nash stated she could get behind the hotel development but stated she may tear down Morrison Mercantile to accommodate the redevelopment. Randy Rushton, 17532 Highway 8. Rushton stated that in thei incorporated Town ofl Morrison, Airbnb's are not allowed and asked why the Town would than allow al hotel. Rushton stated that he and his family were gentrified out of Denver and that Denver has one of the highest crime rates for car theft. Rushton Joel Mellberg, 4365 Picutis Road. Mellberg stated he grew upi in Morrison and has family ties to the Town. Mellberg stated that change is coming but the Town has control of the change. Mellberg stated he supports Root Architecture and Development and supports the change to Morrison. Mellberg stated the design supports what Morrison is and Morrison will not be left in history, it will continue to make history. Andra Slavsky, 181 Red Rocks Vista Lane. Slavsky voiced concern over setting aj precedent for erasing the Town's history. Slavsky voiced confusion on what the historic overlay isi ifall oft the historic  top-notch and creates special and unique designs that are high quality.  stated that welcoming change may welcome crimes like car theft.  buildings are going to go away.  Chairperson Chambers closed thel Public Comment. Planning Commission Discussion.  Alternate Commissioner Raymond voiced concern over the height of the building and said it was extreme. Commissioner Steffansdottir asked ifthe town allows al building to go to forty feet in the CT Zone District and asked ift the Town! has to allow the applicant to go to that height. Town Planner McCool Commissioner Stefansfottir stated the application is beautiful but believes the building is too tall. Commissioner Steffansdottir statedi it would set a precedent of other historic buildings being torn down. Town Attorney Flanagan clarified that the height of the building is permitted by right. The Commission can not change the height oft the building, this has been approved through legislation. Commissioner Anderson stated that the building is not 40 feet iti is 50 feet when including the pergola and Chairperson Chambers stated the Commission has previously approved a Site Development Plan. The application was for at two-story building and preserved the historic gas station. It was a good blend ofo old Commissioner Staffansdottir stated she did not like that the two trees would be cut down on the site property. Zeke Freeman stated thet trees are cottonwood and nearing the end oft their life.  Raymond suggested reducing the number of stories to the hotel.  stated that is the maximum height allowed in the CT zoning district.  the elevator shaft.  andi new.  5    Commissioner Anderson asked for clarification on the height oft the building. Town Planner McCool stated the elevator shaft and the pergola are not calculated in the total height oft the building per the Town Attorney Flanagan clarified that the elevator shaft and pergola do not count towards the maximum building height. The Town wrote an exception when the building ordinance was passed for maximum building height, stating that those items shall not count towards the maximum building height. Commissioner Feehery asked for clarification on what the Commission can and cannot impact. Town Attorney Flanagan clarified the Commission is deciding ift the application meets the criteria oft the Town. Ifthey do not meet the criteria the Commission can include conditions of approval of the application. Commissioner Anderson stated that' Town Staff decided that the elevator shaft and pergola fall into the exception oft thel building height and that this was Town Staff's interpretation of the code. Commissioner Anderson stated she is wanting to get the law oft the building height versus an interpretation oft the law. Chairperson Chambers asked ift that was an interpretation or is that a variance oft the Town Code. Town Planner McCool reviewed section 10-1G-9 General Exceptions to Building Height Limitations from the Town Code with the Commission. The code stated that elevator shafts are. listed as an exception. Commissioner Bute stated that the majority oft the public comments were: not from Town residents. Commissioner Bute stated that she does not want Morrison to look like Breckenridge. Commissioner Bute stated that Airbnb's are not allowed in Town and it does not seem right that a hotel can come into Commissioner Bute stated she felt the building was too tall and allowing the hotel would change Commissioner Anderson asked if the Town could service the site for water. Commissioner Anderson asked if EQRs are the same thing as taps. Chairperson Chambers stated that the Town can service the Commissioner Anderson asked what the infrastructure improvements are that would need to bei installed to service the property. Chairperson Chambers stated they would need a new service line from the water Commissioner Anderson asked how the applicant would drain the water back to Bear Creek. Root Architecture and Development stated it flows to a gutter that isi in front ofMorrison Mercantile, which has Commissioner Feehery asked why the application was changed from a 15-room hotel to a 21-room hotel. Chad Wallace stated because of thei increase price oft the land and interest rates the project did not work as a15-room! hotel. They needed to add the additional rooms or would have to walk away from the project. Chairperson Chambers stated that she felt the hotel was too big but that it would' be a great change for the downtown area of Morrison. Zeke Freeman stated the hotel meets the Town's zoning requirements. Commissioner Steffansfdottir voiced concern over the size oft the rooftop patio and the number of! people allowed on the rooftop patio. Chad Wallace stated that the size oft the rooftop patio allows 50 people  Town's building code.  Town ifresidents cannot have an Airbnb.  everything in the' Town.  property and the applicant would need eight water taps.  main line to the hotel.  an inlet.  based on the International Building Code (IBC).  6    Alternate Commissioner Shorb asked ift the Town or the applicant hired the structural engineer to review the property. Zeke Freeman clarified that Root Architecture and Development hired the structural Commissioner Anderson mentioned that the engineer report stated it could not be determined that the foundation was founded on a footing. Zeke Freeman stated they would have had to excavate the building Alternate Commissioner Raymond stated that she appreciated the applicants supporting the local Town Planner McCool reviewed the Site Development Plan review criteria with the Planning Commissioner Feehery asked what impact the Commission has on the application based ofofft the approval criteria. Town Planner McCool stated that in the Special Review Criteria the Commission can  engineer.  tod determine that. Freeman stated that there are obvious cracks in the foundation.  restaurants. Commission.  input modifications they deem necessary.  Commissioner Feehery stated that this is al big decision and it will change the Town.  Commissioner Anderson voiced concern over the transparency oft the glass on the windows and the effect itmay have on birds and the bird migration that happens through the' Town. Commissioner Anderson also voiced concern over the lights on the third floor of the hotel which the Town has no control over. A hotel guest could leave lights on all night and this could have adverse effects on the Town to obtaining its International Dark Sky Certification. Chad Wallace stated that the application has limited lighting and checked all ofthe boxes they can to protect the dark sky. Zeke Freeman stated they can work with the Town on windows. Town Planner McCool stated there are no regulations in the code on interior lighting.  Root Architecture and Development shared a video of the proposed application. Zeke Freeman clarified that the application meets all: zoning requirements.  Commissioner Anderson shared a sketch ofthe proposed building. Town Attorney Flanagan asked stafft to take down the pictures because they were not properly noticed with the hearing material. Chairperson Chambers closed the Public Hearing for the Site Development Plan at 8:24 PM. Chairperson Chambers stated that the application meets the review criteria but believes the bulk is too Chairperson Feehery stated she is for economic development for the Town but agrees with Chairperson Commissioner Feehery asked if the proposed hotel was two stories ift the Commission would bei in favor oft the application. Chairpersons Chambers and Commissioner Steffansdottir stated they would support Commissioner Bute stated she was not ini favor of the application; the hotel was too big and has concerns about the effect on the Town's parking. Chairperson Chambers stated the CT zone district does not  large to be compatible with the surrounding buildings.  Chambers that the hotel is not compatible with the existing buildings.  the application ift the hotel was two stories.  require parking and the applicant has already addressed parking.  7    Commissioner Staffansdottir stated the hotel does not fit the OldTown's Historic Overlay and is not  harmonious with the Town.  Alternate Commissioner Raymond stated the bulk oft the building was enormous.  Alternate Commissioner Shorb voiced her agreement with the Commissioners that the hotel is not Commissioner Anderson made a motion to deny the site development plan based on the compliance with approved site plan 10-49-4b)subxection 2 finding that it doesn't meet compatibility because itdoesn't preserve the historic eclectic character of Morrison. The motion was seconded by Chairperson Chambers closed the Public hearing oft the Old Town Historic Overlay at 8:40 PM. Chairperson Chambers stated the applicant has tried their best to meet the Old' Town's Historic Overlay Commissioner Feehery asked ift there is a nuance to the look and feel versus the bulk oft the building. Chairperson Chambers stated the Old Town's Historic Overlay is more concerned with the appearance of Commissioner Feehery stated that having the hotel blend in with the Old Town's Historic Overlay is very Chairperson Chambers stated that the applicant did not comply with section 10-1N-9 section oft the Old Town Historic Guidelines. Chairperson Chambers stated the applicant has met the zoning requirements Commissioner Feehery made a motion to recommend the Board ofTrustees' denial of ther major site improvement application based on the finding of substantial conformance of the Old' Town's Historic Overlay District Design Guidelines inconsistencies specific to 10-1N-9 and the requirements of section F. The motion was seconded by Commissioner Steffansdottir. All members Chairperson Chambers closed the Public Hearing for the Special Review Application at 8:52 PM. Town Attorney Flanagan clarified that the Commission can choose to approve or deny the patio and the Chairperson Chambers stated that she does not agree with the Town Staff's findings regarding the rooftop The Commission stated that the rooftop patio and the hotel would have adverse effects on Town residents. Commissioner Anderson made a motion to recommend denial of thes special review application based on the patio size and the effects on the surrounding businesses and the hotel because it does not meet the compatibility. The motion was seconded by Commissioner Bute. All members present  harmonious with the Town.  Commissioner Bute. All members present voted aye.  guidelines. the building. important.  but the Old Town Historic Overlay asks for something different.  present voted aye  hotel as two separate items.  patio.  voted aye.  8    An application was submitted by Sean Forey and John Leonard to vacate aj portion of the south side of the Spring Street right-of-way located at 300,304, 306, 308,310, and 312 Spring Street.  Chairperson Chambers recused herselfat9 9:07F PM.  Co-chairperson Feehery called the Public Hearing to order at 9:09 PM.  Staff Report. Town Planner McCool reviewed the right-of-way vacation application with the Commission. Town Planner McCool stated the application is to vacate aj portion oft the south side of Spring Street and add 0.289 acres of the vacated right-of-way to each parcel and increase the square footage of each lot. Spring Street was platted at 60 feet with a steep slope, an embankment, anda a dilapidated retaining wall. The asphalt surface is approximately 161 feet and there are utilities under the right-of-way. The applicant is currently working with the Town Utilities Director Fouts to locate the main water line. The right-of-way also has a strain gulch for stormwater, drainage, wildlife, and reservoir releases. The right-of-way is also located in the floodplain. West Metro Fire District voiced concern over the current conditions and weight-bearing capacity of Spring Street Bridge. The Town does have plans to refurbish it in the near future. Town Planner McCool reviewed the ownerships oft the current lots. Town Planner McCool stated that the Forey Lo-Mo Estate Subdivision was platted in April of2017 and the application was to subdivide a 1.028-acre metes and bounds parcel into five lots. In October 2016, a variance request was approved for the side, front, and rear setbacks on Lots 2,3,4, and 5. A lot width variance was also approved on Lots 2 and 4. At this time the 20-foot-wide easement for the Strain Gulch was dedicated to the Town. Town Planner McCool stated that. John Leonard owns Block 13 thel Morrison School Parcel, the schoolhouse is included int the National Register ofHistoric Places Inventory as site #48.. John Leonard also owns Lot 1, which is currently vacant. All lots conform to R1 density and Town Planner McCool reads a Public Comment into the record from John and Molly Price. Town Planner McCool reviewed the vacation criteria with the Commission. Town Planner McCool stated that the right-of-way: serves several public needs. Town Planner McCool stated that the Town would need tor require an easement tol be dedicated over the vacated property in a width necessary to allow for maintenance and replacement oft the Town's water lines and sewer service, existing roadway, and Spring Street Bridge. The easement would also ber needed for present and future use of private utilities, ditches, floodplains, public access, drainage, and emergency responses. The Town water attorney reviewed the application and they noted there was a need to acknowledge the Strain Gulch Easement. Town Planner McCool stated there were concerns over the negative fiscal impact on the Town. There were also concerns voiced over the right-of-way width after the condition did not meet the Town's minimum 50- foot width for local roads. Town Planner McCool also mentioned the lack ofinformation provided on the existing conditions. Town Planner McCool stated that the latest submittal did include an easement but the Town Attorney found that the format and contents did not fully cover the area' 's present or future public access needs. The Town Attorney has drafted the easement reservation language that needs to be included on the vacation plat. Town Staff has redlined the vacation plat to include the easement reservation language. The easement reservation language included that the vacated property will function like ai right- of-way, the property owners shall not obstruct nor interfere with the use of the easement, and the property owners are liable for costs associated with an obstruction or interference. Town Staff has included these redlined comments as a condition of approval and shall be addressed before recordation. Town Planner McCool stated that Town Staff found that the vacation will not leave land adjoining said roadway without an established public road. The easement dedication language will function as a right-of-way, thereby eliminating the need for a variance from the minimum 50 feet required for local roads. Town Planner McCool stated that the' West Metro Fire District concerns were addressed by the easement dedication. Town Planner McCool stated that Town Staff found with the dedication to the easement, an attorney's  dimensional standards.  9    certificate needs tol bei included on the vacation plat because the applicant has not submitted a title commitment. Town Staff1 has included this as a redline in the redline comment on the vacation plat. Town Planner McCool also stated that an acknowledgment oft the Strain Gulch Easement was also included as a redline comment on the vacation plat dated February 5, 2024. Town Planner McCool stated that Town Staff found that when the redline comments are addressed the easement dedication overt the right-of-way will ensure that the vacated property acts as a right-of-way for present and future use ofall utilities, the land will be free and clear ofl lien and encumbrances, and the Strain Gulch Easement will be protected. Town Planner McCool stated that Town Staffi is recommending approval with a condition that the applicant adequately addresses all staff redlined comments dated February 5, 2024.  Applicant Report.  Jamee Chambers, Chambers Consulting 805 Bear Creek Avenue. Chambers addressed the Commission and mentioned that many Town streets have been vacated, the Town does require a 50-foot right-of-way but many oft the Town's current streets have a 25-foot right-of-way. Chambers stated that sometimes regulations are put inj place before knowing what the current conditions are. Chambers stated that only nine addresses are accessed off of Spring Street. Chambers stated that Utility Director Fouts is currently looking into the placement oft the waterline. Chambers stated that the applicants hired a company to locate all oft the utilities and that is what is listed on the vacation plat. Chambers stated that easement on the vacation will allow access to all the utilities that are needed on the right-of-way and access to the road and Spring Street Bridge. Chambers suggested an additional easement for the drainage for the 100-year flood, and have Lot 2 and Lot 3 sign and record the easement. The recordation number would be included on the vacation plat. Chambers stated that the applicants have no objection to the easements and will address Town Staff's redline comments andj provide the Town with at title  commitment for the Forey Lo-Mo Estate.  Sean Forey, 401 Mount Vernon. Forey stated that all the vacated property will be an easement and will not affect the Town. Forey stated that Jefferson County Open Space owns the property next to the lots of land. Forey stated that he wants to prevent the public from having access to the Town through this  property.  Public Comment. None.  Planning Commission Discussion. Commissioner Stefansdottir asked ifa all the utility lines were in the street. Chambers stated that all utility lines are located in the street under thej pavement. Town Planner McCool stated that Utilities Director Fouts believes the water line is closer to the shoulder on the south side. Town Staff has a redline comment for the applicant to locate the location oft the water line with the Utilities Director. Forey stated they hired aj professional company tol locate the water line. Commissioner Anderson stated she would like toj postpone the hearing until the Spring Street Bridge has Town Attorney Flanagan stated that the Town owns the land. A vacation will release the Town's right to Chambers stated that vacating the land would not affect the repairs to Spring Street Bridge. Commissioner Anderson stated she would like to postpone the vacation until the Spring Street Bridge is completed. The construction oft the project could have adverse effects on the roads and neighborhoods and  been built and is completed.  the land.  would be easier to complete any repairs ift the Town still owns thej property.  10    Forey stated the vacation and easement would not affect the Town's need to access the vacated land. The Commission asked the applicant what thel hurry oft the vacation is ifnothing will change for the John Leonard, 300 Spring Street. Leonard stated they are, giving an easement to the Town and nothing will change regarding the' Town's s need to access the property. Leonard stated he would prefer the Commissioner Anderson stated that the' Town owns the property and could prevent at trail from going on Commissioner Bute asked ift they could build anything on the vacated property. Town Attorney Flanagan An motion was made by Commissioner Anderson to postpone the decision until June 11,2024.7 The motion was seconded by Alternate Commissioner Raymond. The motion was carried by a vote of four to two. Alternate Commissioner Raymond and Commissioner Stefansdottir voted nay.  Forey stated that the vacation does not change anything for the" Town. Town. Forey stated he would like toj protect the street from public access.  Commission approve or deny the application and not continue the hearing.  the property.  stated no they cannot build anything on the vacated land due to the easement.  Co-chairperson Feehery closed the Public Hearing at 9:42 PM  Approval of Minutes.  An motion was made by Commissioner Stefansdottir to approve the January9 9,2024 Planning Commission Minutes. The motion was seconded by Commissioner Bute. All members present voted  aye. The motion carried. Staff Reports.  Town Planner. No oral report. Town Manager. No oral report.  Adjournment. Chairperson Chambers adjourned the meeting at 9:56 PM  TOWN OF MORRISON  OF  Chairperson  ATTEST:  ALAk    aneuwlal  11    Ariana Neverdahl, Town Clerk  12