PLANNING AND ZONING COMMISSION

Transcription

1 PLANNING AND ZONING COMMISSION Minutes Meeting Summary PZ Resolution , a Resolution approving a variance for Park Cover Drive, Lot 18, McKay Landing Filing No. 3, to allow a reduction in the side yard setback from ten feet to six feet to allow a side yard pergola with the following finding: 1) Building the pergola does not cause a substantial detriment to the neighborhood with no complaints from the neighboring house or other neighbors; and the following condition: 1) The applicant must obtain reapproval of the Architectural Improvement Request for Design Review from the Homeowners Association of McKay Landing (DROC form attached is dated 2011) was approved by unanimous approval (5-0) of the Commission. PZ Resolution , a Resolution recommending approval of a Site Development Plan for Lambertson Farms Filing No. 1, Tract M (Recreation Facility - Private Pool and Parking Area) located at 2201 West 138th Avenue (on the north side of West 138th Avenue between Triverton Avenue and Zuni Street) with the following conditions: 1) The applicant work with the City on signage for the trailhead (making is consistent with Anthem and other development in Broomfield). 2) The applicant add signage to identify the pool as a private facility; and 3) The applicant identify crosswalk locations on West 138th Avenue was approved by a 4-1 vote of the Commission. PZ Resolution , a Resolution Repealing and Replacing Resolution No. PZ and Recommending Approval of a Use by Special Review and Urban Renewal Site Plan for the Old Lumberyard located at 7905 West 120th Avenue, was approved with the following conditions: 1) The gate (located on the west property line) have an emergency access sign if the gate is required by the Fire Department; and 2) Obtain from the property owners (two parcels of property in the northwest section adjacent to this Use by Special Review Plan) permission to replace the existing fences or correct fence location. The motion was approved by unanimous (5-0) vote of the Commission. PZ , a Resolution recommending Approval of a Use By Special Review for Memorial 22-3 PAD to drill six new oil and gas wells (Memorial 3A, Memorial 3B, Memorial 21-3, Memorial 31-3 and Memorial 32-3) was approved by unanimous vote (5-0) of the Commission. Roll Call 7:00 P.M. Community Development Director Dave Shinneman called the meeting to order at 7:00 p.m. Commission Members Present: Commission Members Absent: Staff Members Present: Jacklynn Gould Charles Hastings Roger Kelley Phil Russell Kathryn Turner Jackie Inskeep Archie Lind Tom Silvers Dave Shinneman, Community Development Director Tami Yellico, Deputy City & County Attorney Alice Hanson, Senior Planner Lynn Merwin, Principal Planner Anna Bertanzetti, Principal Planner

2 Page 2 Community Development Director Dave Shinneman stated the Chairman and Vice Chairman were absent and therefore nominations for an Acting Chairman is required. Commissioner Turner nominated Commissioner Kelley to serve as Acting Chairman. Commissioner Russell seconded the motion. The motion was approved by unanimous vote of the Commission. Petitions and Communications -- None Community Development Director Dave Shinneman stated there have been two items received for the public record, one being a letter from ValleyCrest Landscaping relating to the Use By Special Review application for the Olde Lumberyard and an e mail relating to the Use By Special Review for Memorial Wells. Disposition of Minutes The minutes of the regular Planning and Zoning Commission meeting of April 8, 2013 were approved as printed and previously submitted. PUBLIC HEARING PZ RESOLUTION McKay Landing Filing No. 3, Variance request to reduce the required ten foot side yard setback to six feet for the purpose of construction a backyard perola Location: Park Cover Drive Applicant: Christopher Roback and Tracy Edler Planner: Alice Hanson Declared the public hearing open at 7:03 p.m. Alice Hanson, Senior Planner, summarized the staff report. The request is for a variance from the McKay Landing PUD side yard setback requirements to reduce the side yard setback from ten feet to six feet to permit a pergola over an existing patio. Public notice requirements have been met for this hearing. Ms. Hanson asked the staff report be entered into the record of the hearing with a correction to the second bullet on the cover sheet to indicate the property is located in the McKay Landing subdivision which is zoned PUD. A building permit was requested for a pergola at the side of the home at Park Cove Drive. The permit was denied on September 20, 2013, because the pergola encroached into the side yard setback. The patio did not require a permit as it is considered flatwork. The applicant applied for a variance and has identified the following reasons for the request: 1) The existing patio is on the west side of the home and is unable to be used during the summer due to the lack of shade. 2) The applicant did not construct the patio, which did not require a permit. 3) The proposed location of the pergola will not extend past the location of the existing patio. 4) The neighboring property owners and the homeowners' association have indicated there will be no detriment to their property or the neighborhood with the granting of the variance. The Broomfield Municipal Code permits considerations of variations from the Code by the Planning and Zoning Commission based on the following criteria ( ): 1) There are peculiar and exceptional practical difficulties or undue hardship upon the owner of the property. 2) That relief of the hardship will not cause substantial detriment to the neighborhood or public good. 3) The variance does not authorize a use that is not permitted in the zoning district.

3 Page 3 The Commission will need to incorporate reasons (findings of fact) into the resolution of approval or denial. A concurring vote of four members of the commission is necessary to approve the variance. Christopher Roback, Park Cove Drive, the applicant was present. He spoke of the necessity of having the pergola to deflect the heat on the existing west facing patio. He believes the patio would improve the home value. Public comment was requested, there was no one wishing to speak. Commissioner's comments and questions were: Size of the pergola; How long after the Homeowners Association approval do you have to complete your work, you may need to go back to the HOE for approval; Applicant has given a good case for defining hardship based on the sun exposure; and Commended the applicant for outreach with the neighbors. The applicant responded to the questions. Mr. Runback said the size of the patio is approximately fifteen feet by eleven feet. The public hearing was closed at 7:15 p.m. RESOLUTION PZ WAS READ BY TITLE Commissioner Turner moved for approval of PZ Resolution , a Resolution approving a variance for Park Cover Drive, Lot 18, McKay Landing Filing No. 3, to allow a reduction in the side yard setback from ten feet to six feet to allow a side yard pergola with the following finding: 1) Building the pergola does not cause a substantial detriment to the neighborhood with no complaints from the neighboring house or other neighbors; and The following condition: 1) The applicant must obtain preapproval of the Architectural Improvement Request for Design Review from the Homeowners Association of McKay Landing (DROP form attached is dated 2011). Commission Russell seconded the motion. The motion passed by unanimous vote (5-0). PUBLIC HEARING PZ RESOLUTION Lambert son Farms Tract M Recreation Facility Site Development Plan Location: 2201 West 138 th Avenue between Tiverton Avenue and Zuni Street Applicant: McKay Sores Construction Corporation/McKay Shores Master Homeowners Association, Inc. Planner: Lynn Merwin Acting Chairman Kelley declared the public hearing open at 7:18 p.m. Lynn Merwin, Principal Planner, summarized the staff report. The application is for consideration of a Site Development Plan for a private pool facility to serve the McKay Shores residents within the Lambert son Farms subdivision (now marketed as McKay Shores). The property owner is McKay Shores Homeowners Association Inc. The pool facility is proposed for a 1.6 acre site generally located north of West 138th Avenue and Quail Creek Park and approximately 650 feet east of Zuni Street. The parcel is designated as Tract M in the Lambert son Farms Filing No. 1 subdivision plat. The property is zoned Planned Unit Development. The Lambert son Farms POD Plan was approved for the overall 244 acre property in September, The proposed pool facility is consistent with the POD

4 Page 4 Plan covering the site. This is the first site development plan for Tract M within the Lambert son Farms POD Plan area. The tract for the proposed pool is currently undeveloped and surrounded by a larger public open lands area owned by Broomfield. A conceptual master plan is being drafted for the Broomfield owned property surrounding the pool site and extending north. The Broomfield Comprehensive Plan designation for the proposed development is Open Lands. The proposal is consistent with the Comprehensive Plan. The proposal is for a 3,872 square foot pool with restrooms, a small building for pool equipment, and a parking lot intended to be shared by the McKay Shores residents and public trail users. The requirement for providing public trail head parking is set forth in Fourth Amendment to the Lambertson Farms Filing No. 1 Subdivision Improvement Agreement (SIA). The proposed pool facility includes two covered patios for shade, an open patio area around the pool edge, and turf areas with two barbeque pits. The pool facility will be enclosed by a metal fence six feet in height and open to view. There are 28 parking spaces provided on site. If needed, an additional 37 spaces can be accommodated along W. 138 th Ave during the summer season when the pool is open. The developer has determined the site for the proposed pool is larger than what is needed. Therefore, the developer proposes to grant a public use and access easement to the city to allow Broomfield to improve, use and access the portion of the site to the north of the parking and north and east of the pool fence which is all surrounded by Broomfield owned land. The grant of easement will be provided as a separate easement agreement since the site is already platted. The developer will also grant a public use and access easement to Broomfield to allow the public to use up to ten parking spaces as trail head parking. This parking arrangement will satisfy an obligation established in a prior agreement with the master developer. The pool is anticipated to be complete and open for the 2014 pool season. There are no key issue identified for this proposal. Ms. Merwin requested the memorandum be entered into the record. Jerry Eckleberger, representative of the applicant, introduced Bertha Lambertson and her family. Mr. Eckleberger explained the project is being built by monies from both Toll Brothers, as homebuilder, and the Lambertsons, as the former owners. Chris Stull and Jeff Graybill, representatives of Toll Brothers, were also present. Josh Rowland, LAI Design, represented the applicant and gave a brief presentation. He addressed comments from the Concept Review relating to: 1) parking; 2) need for additional space outside the pool deck but inside the gated area; and 3) amenities. Parking has been increased by four spaces and the area outside the pool deck has also been increased allowing for more informal recreation area. The plan includes amenities such as bike racks, a waste/trash enclosure and signage for the trailhead parking. Commissioner's comments and questions were: Concerned about lack of parking. Walkability and crossing of the road to get to the swimming pool. Signage addressing the swimming pool as a private facility. Addition of parking to the north. Is lighting required if the facility is not occupied? Location of crosswalks. The applicant addressed the concerns from the Concept Review. The facility is used for three months and parking provided seems appropriate.

5 Page 5 Concerns about the signage for trailhead use. Like the project. Kiddy pool. Consideration of flipping the parking lot and the pool. Lack of covered patio area on the west side of the pool. Height of the fence. Representatives of the applicant and staff responded to some of the Commissioner's comments: According to the applicant, residents who live in Filing No. 2 have been adamantly opposed to adding parking and lights, as they have purchased their homes for the views. For safety reasons, there must be minimal amount of lighting. A crosswalk is located at the roundabout at Quivas Way and the street scape is designed to control traffic speed. Possibly when the City adds the community park to the north, the City will add additional crosswalks. There is parking all along both sides of West 138th Avenue. For context, the Broomfield Municipal Code requires eighteen/nineteen parking spaces for commercial recreation uses similar in size to the proposed pool. The code does not address parking for private pools. If the parking lot were to be expanded, it would go unused most of the time. The homeowners are concerned with a parking lot in 'their backyard.' The applicant tried to address the needs, and what is proposed will handle the parking issue ninety percent of the time. The applicant researched pool types (kiddy pool versus the beach entry type of pool) and felt the beach entry pool was the better. The primary user of the beach entry area will be families with small children. The facility fit better as presented (rather than flipping it) and is in response to residents wants. The applicant provided parking information about other pool facilities at the Broadlands, Aspen Creek, and McKay Landing. The six foot fence is a standard around pools and the pool will be covered by a cover that can actually hold a person. The fence will be an open to view. The public hearing was closed at 8:09 p.m. RESOLUTION PZ WAS READ BY TITLE Commissioner Russell moved for approval of PZ Resolution , a Resolution recommending approval of a Site Development Plan for Lambertson Farms Filing No. 1, Tract M (Recreation Facility - Private Pool and Parking Area) located at 2201 West 138th Avenue (on the north side of West 138th Avenue between Triverton Avenue and Zuni Street) be approved with the following condition: 1) The applicant work with the City on signage for the trailhead (making is consistent with Anthem and other development in Broomfield). Commissioner Hastings seconded the motion and offered the following friendly amendments: 1) The applicant add signage to identify the pool as a private facility; and 2) The applicant identify crosswalk locations on West 138th Avenue. Discussion of the motion was called for. Commissioner Hastings encouraged the applicant to reconsider the patio structure. The following votes were cast on the motion: Those voting Yes: Gould, Hastings, Kelley and Russell Those voting No: Turner The motion passed.

6 Page 6 PUBLIC HEARING - PZ RESOLUTION Olde Lumberyard LLC Use By Special Review and Urban Renewal Site Plan (Reconsideration of prior action) Location: 7905 West 120th Avenue Applicant: Craig Walstad (Olde Lumberyard LLC) Planner: Lynn Merwin Acting Chairman Kelley opened the public hearing at 8:14 p.m. Lynn Merwin, Principal Planner, summarized the staff report. The application is for reconsideration of a use by special review (USR) and urban renewal site plan (URSP) for the Olde Lumberyard. The application is requested to bring an existing landscape business into zoning compliance with the existing B-2 zoning for the site. The proposal is to characterize an existing landscape supply stockyard as a "building supply yard" which is permissible under the B-2 zoning designation subject to use by special review approval. The proposed project was previously considered at a public hearing before the Planning Commission on March 25, 2013, and was recommended for denial. The current proposal has been revised to comply with applicable B-2 zoning district requirements related to fencing and landscape buffering. In addition, the prior request for a variance has been deleted and there are no new variance requests with the revised plan. The owner/applicant is Olde Lumberyard LLC. The property is located at 7905 West 120 th Avenue, approximately one-quarter mile east of the intersection of West 120 th Avenue and Commerce Street. The property is zoned B-2 for general business uses and is within the Broomfield Shopping Center Urban Renewal Plan boundary area. The zoning district is intended for general business uses and is designed to contain intensive commercial uses and uses related to highway users and those requiring some outdoor operations. The surrounding area is currently comprised of a mix of uses and zoning ranging from legacy Jefferson County agricultural properties, to business and residential. The majority of the adjacent properties adjacent the site to the north, east and west are zoned B-2. The properties immediately to the south are zoned A-1(J) for Jefferson County agricultural uses. There are residentialzoned properties in the area including two properties along the western boundary (the northern approximately one-half of the western boundary) that are zoned for residential uses. Since the Planning and Zoning Commission hearing on March 25, 2013, the applicant has met with staff and agreed to revise the proposed plan. The keys changes are: 1) Incorporation of a required 25-foot landscape buffer along the west property line where the property abuts residential-zoned districts (approximately, the northern one-half of the west property line). The tree buffer will supplement existing deciduous trees with the addition of five new evergreen trees at least six feet in height within a 25-foot wide rock mulch zones, and 2) Commitment to provide an eight-foot solid fence along the north, west, and east property lines to screen outdoor storage. With the addition of these site plan commitments and removal of the prior request for a variance, the revised plan complies with the B-2 zoning district requirements for buffering and screening operations. The applicant made several additional revisions to the proposed plan. These include: Designation of a 25-foot clear zone, adjacent to the 25-foot landscape buffer along a portion of the west property line, to prohibit parking and storage. Designation of a 20-foot clear zone, adjacent to the north edge of the property identified as 7997 Emerald Lane, to prohibit parking (7997 Emerald Lane is a legal, non-conforming residential use which pre-dates the B-2 zoning of the site); Designation of a 30-foot wide organics transfer area along the north property line adjacent to the railroad. Notes 11 and 12 on Sheet 1 of the URSP/USR plan restrict the height of the organic material (tree limbs, grass, clippings, etc.) to no greater than eight feet and requires the material to be contained in bins when not in transfer. No mulching is allowed on the site. New and revised site notes establishing operating and maintenance requirements for the site and timelines for compliance. The timelines for achieving compliance with the plan have been reduced from 60 days to 30 days from the date the URSP/USR plan is approved.

7 Page 7 The key issue identified is whether the proposed revisions made to the plan since the March 25 the Planning and Zoning Commission hearing are adequate to support a recommendation of approval to characterize the existing landscape business as a "building supply yard" use permissible by special review in the B-2 district. One new communications from ValleyCrest Landscaping (tenant) has been provided to the Commission and was entered for the record. Mickey Layba-Fonsworth, representing the applicant, addressed the Commission. The applicant/owner was also present. The tenant is ValleyCrest Landscaping and a representative is present. The property borders approximately seven hundred plus feet of railroad property. The applicant has worked with staff and in coming back has addressed most of the concerns and reached out to the Emerald Estates Homeowners Association (HOA) to address their concerns. Michelle Snyder is the Emerald Hill HOA representative they have been working with. Also contained in the Planning and Zoning Commission's memorandum is a letter from the property owners (Marilane and Samuel McDonald) of the property located at 7905 West 120th Avenue. The McDonald's letter indicates they have no issues with the existing fence. A new eight foot wood fence has been installed along the Pnuemann property and the applicant is ready to install the eight foot chain link fence with fabric (opaque or dark) along the railroad. In addition, the applicant will put an eight foot fence along the residential properties as well as five new trees (minimum of six feet tall) along the west property line. In addition to the required twenty-five foot buffer we are putting in another twenty-five foot no parking zone which is a clear (buffer) zone. The tenant has agreed to no mulching on site as it will be hauled off site. No variance is requested and with the proposed changes the property will be in compliance with the B-2 zone district requirements. Will Pereira, branch manager of ValleyCrest Landscaping in Broomfield, addressed the Commission. He said they would like to stay at the Broomfield location. ValleyCrest Landscaping has been leasing the facility for over a decade and the current lease would take then through 2015 with a three year extension. Mulching has gone on previously but that will not continue. We have no intention of storing organic or non organic material for any period of time. We will not park vehicles in buffer zones and we will take an active role in being good stewards to our neighbors. Principal Planner Lynn Merwin stated the property was renoticed for this public hearing according to the BMC requirements. Public comment was requested, the following individuals spoke. Gary Wolfson, Emerald Lane, resident of the Habitat community, spoke. He asked the Commission to stand by their previous unanimous decision of denying the application. He believes there is nothing that could be done to bring the business/property into accord with the Broomfield Comprehensive Plan. The current business is an industrial use and should not be allowed. If the Commission does pass this proposal, he asked consideration that the gate on Emerald Lane be taken away, making the fence continuous. The key issue is whether or not this business should be allowed on the property. Mr. Wolfson believes it should not be allowed. Beverly Pnuemann, property owner of 7997 Emerald Lane, asked the Commission to deny the special use request. The current tenant is an industrial use and should move to an industrial area. The noise, odors, and hours of operation are beyond the scope of a supply yard. Even with the eight foot fences the neighbors will be negatively impacted. Mark Brunner, property owner of 7710 West 120 th Avenue, said the improvements proposed are great. Eventually he would like to develop his property but the City needs to relook at the Comprehensive Plan and asked the Commission to postpone action on this matter until the City reviews the Comprehensive Plan.

8 Page 8 Cheryl Tarkenton, 8035 Emerald Lane, said the noise from the large equipment on the lot is detrimental to the neighborhood and there are problems with skunks in the neighborhood. She agreed, that if approved, the gate should be gotten rid of and the fence be continuous. Michelle Snyder, Emerald Lane, Emerald Hill Community (President of the HOA), said she had been corresponding with the Walstad's about a complaint filed (condition of fencing, mulching occurring, noise and in general the area being unsightly) about a year ago. She agreed with the other speakers, the gate should be done away with, making the fence continuous. Mickey Layba-Fonsworth, representative of the applicant, and Will Pereira, representative of ValleyCrest Landscaping, responded to some of the comments. They were not aware of any skunks on the property and the fleet of pickup trucks are gasoline trucks which should not be causing any exhaust problems. They do have two diesel trucks that are used for snow removal. ValleyCrest Landscaping does not use the gate and believes the gate is there because the Fire District may require the access. Commissioner comments and questions were: Appreciate the operator being present this evening. Is the gate considered an emergency access required by the Fire District? The height of the fence along the Pnuemann property. The ownership of the property and maintenance (triangle areas). If the gate must remain, there should be signage clarifying use (emergency access). Note 7 talks about inspections, how will this be enforced? Would like to see a uniformity of the fences. Snow removal. The applicant and city staff responded to some of the Commissioner's comments: Lynn Merwin will research if the gate is specifically required by the Fire District as their comments did not address this matter. The fence along the Pnuemann property is eight foot. The four foot fence on the west is not their fence. There will be an eight foot fence installed along side of the four foot fence. The eight foot fence on the northwest side of the property is to assist with screening near the residential property. The eight feet fence provides two feet of additional screening from the Emerald Hill property. Staff will verify ownership of the property. By having these commitments (Note 7) on a USR site plan, staff can working directly with the owner to enforce on problems/issues. The ValleyCrest snow removal business occurs around-the-clock, as necessary. Ice mitigation material will be stored in an area away from the residential properties. ValleyCrest wishes to be good stewards to our neighbors and intends to keep noise to a minimum. According to the BMC, this type of use (building supply yard) is permitted in a B-2 district as a use by special review. Community Development Director Dave Shinneman said the fencing was in need of repair and asked the applicant's representative it the fence would be repaired and brought into compliance. The applicant's representative confirmed they would secure the fence, and if necessary more posts would be added. Mr. Shinneman said holes in the gate/fence had been observed. The applicant's representative said the fence along the railroad an eight foot high chain link fence with slats. The public hearing was closed at 9:17 p.m.

9 Page 9 RESOLUTION PZ WAS READ BY TITLE Commissioner Hastings moved for Approval of PZ Resolution , a Resolution Repealing and Replacing Resolution No. PZ and Recommending Approval of a Use by Special Review and Urban Renewal Site Plan for the Old Lumberyard located at 7905 West 120th Avenue, be approved with the following conditions: 1. The gate (located on the west property line) have an emergency access sign if the gate is required by the Fire Department; and 2. Obtain from the property owners (two parcels of property in the northwest section adjacent to this Use by Special Review Plan) permission to replace the existing fences or correct fence location. Commissioner Russell seconded the motion. Discussion of the motion was called for, there was none. The motion was adopted by unanimous vote of the Commission. CONTINUED PUBLIC HEARING -- PZ RESOLUTION Memorial 22-3 PAD Oil and Gas Wells to drill six new oil and gas wells (Memorial 3A, Memorial 3B, Memorial 21-3, Memorial 31-3 and Memorial 32-3) Use By Special Review Location: South of State Highway 7 and west of Interstate 25 Applicant: Sovereign Operating Company, LLC Planner: Anna Bertanzetti The public hearing was reopened at 9:18 p.m. Principal Planner Anna Bertanzetti summarized the staff memorandum. On April 8, 2013, the Planning and Zoning Commission reviewed a request by Sovereign Operating Company, LLC for a use by special review for six new natural gas wells on a 50-acre property. The proposed wells are located south of the State Highway 7. During that meeting the Commission reviewed material provided by staff, considered information provided by the applicant, and listened to testimony provided by a representative of the adjacent property owner. Based on the discussion and comments from the public hearing, the Commission continued the public hearing to allow additional time for the following items to be addressed: 1) The adjacent property owner needed additional time to review the documentation; 2) The easement information needed to be worked out with the current easement user; and 3) The legal description (platted lots and blocks) needed to be reviewed. Ms. Bertanzetti asked the staff memorandum be entered into the record along with an from a representative of the adjacent property and the additional correspondence from the interested parties of the adjacent property. The two s state the cemetery does not object to the Commission making a recommendation to allow the application to move forward to City Council. To address concerns with the legal description, the applicant has revised the site plan (sheets C3 and C4) to include the distances and bearings for the platted lot per the subdivision plat of record. The Sovereign Surface Use Agreement is shown on a map on sheet C8 and the legal description for the surface use agreement (lease area) was moved to sheet C8. The staff memorandum prepared for the April 8, 2013, Planning and Zoning Commission meeting is attached for reference (Attachment 2).

10 Page 10 Chairman Kelley stated the public hearing was opened April 8, 2013, at the Planning and Zoning Commission meeting. Testimony was taken at that time. The hearing was continued to tonight's meeting through the action of the Commission and the necessity of the applicant to provide further information on the application. All Commissioners were present at the April 8, 2013, public hearing. Vince Harris, Baseline Engineering, representing the applicant, briefly described the project. The bearings and distances have been added to the lot. Sovereign will have an additional agreement with Memorial Gardens stating they will continue to keep the road in good condition and if there are services to be conducted on the property, Memorial Gardens will notify them of the service and Sovereign will do everything possible, in terms of noise mitigation, to accommodate the service. Public comment was requested, there was no one wishing to speak. Commissioner's comments and questions were: Thank you for your patience with the process and for responding to all of our comments and or questions from the previous hearing. Maintenance of the road. The applicant responded Sovereign will use a vehicle tracking control detail. Sheet 7 of the plans supplies information about road maintenance. Public hearing closed at 9:35 p.m. RESOLUTION PZ WAS READ BY TITLE Commissioner Turner moved for approval of PZ , a Resolution recommending Approval of a Use By Special Review for Memorial 22-3 PAD to drill six new oil and gas wells (Memorial 3A, Memorial 3B, Memorial 21-3, Memorial 31-3 and Memorial 32-3). Commissioner Russell seconded the motion. Discussion of the motion was called for, there was none. The motion was approved by unanimous vote (5-0) of the Commission. Special Report -- Community Development Director Dave Shinneman reviewed the schedule of items for public hearing that was distributed at study session. The next Planning and Zoning Commission meeting will be June 10, Community Development Director Dave Shinneman said the new Planning Director John Hilgers will be starting with the City and County of Broomfield on May 15. Jaci Gould stated she would be absent from any Planning and Zoning Commission meetings during the month of June. Adjournment 9:38 p.m. The meeting was adjourned at 9:38 p.m.

11 Page 11 Approval Minutes Prepared by: Diana K. Tangsrud, Recording Secretary Approved by: Chairman