PUBLIC HEARING

MINUTES

November 7, 2001

COMMISSIONERS PRESENT

Ed Peterson, Chairman
Tom Quinn
Ken Lloyd
Wilmae "Bunny" Malm
Bill Marino

STAFF PRESENT

Anne Heine, Leading Development Review Engineer
Judi Coubrough, Senior Planner
Becca Farrar, Planner I
Chad Minor, Planner II
Tim Doherty, Civil Engineer III
Elaine Rosedahl, Secretary to the Lakewood Planning Commission

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The following are the minutes of the November 7, 2001 Lakewood Planning Commission Public hearing. A permanent set of these minutes is retained in the office of the City Clerk and a tape recording is located in the department of Community Planning and Development, City of Lakewood.
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INDEX PAGE

MO-01-002 Virginia Park Planned Development Reconsideration 2
551 So. Ames Street

PA-01-003 Mavetic Subdivision No. 2 3
FA-01-001 1435 Independence Street

SU-01-002 Accent Products 7
5447 W. Mississippi Avenue

The roll having been called, Chairman Peterson declared a quorum and the following business was
conducted.

1. CASE NO. MO-01-002 MODIFICATION
Virginia Park Planned Development Reconsideration
551 So. Ames Street

To allow for 26 additional apartment units

CHAIRMAN PETERSON announced, this case is back before the Commission for reconsideration because of a vote that was cast at a previous Planning Commission meeting in error.

CHAIRMAN PETERSON moved Planning Commission reconsider Case No. MO-01-002. SECOND by COMMISSIONER MALM.

Motion to reconsider passed by a 5-0 vote.

CHAIRMAN PETERSON moved that Modification Case No. MO-01-002 be set to a date certain of December 5, 2001 at approximately 6:00 p.m. SECOND by COMMISSIONER MALM.

JUDI COUBROUGH added, the study session will begin at 4:00 p.m., and the neighbors attending the public hearing of October 17, 2001 will be notified of the reconsideration.

CHAIRMAN PETERSON said a new vote will be taken after the study session at approximately 6 p.m.

COMMISSIONER LLOYD asked if this case could be handled at this hearing?

CHAIRMAN PETERSON did not want to do that without a full Commission.

COMMISSIONER MARINO wanted to know if notification would be required.

JUDI COUBROUGH said notification is not required, however out of courtesy, the three speakers attending the October 17, 2001 public hearing will be notified.

COMMISSIONER LLOYD said it was his understanding that this is reconsideration of a miscast vote but not to reopen the case for public comment.

JUDI COUBROUGH said there will be no staff presentation or public comments from neighbors. The one motion would be the same motion that was approved at the last meeting, which was the motion for denial, and if that motion is turned down, the second motion would be for approval.

Motion to continue this case to a date certain of December 5, 2001, passed by a 4-1 vote (Lloyd nay).

2. CASE NO. PA-01-003 PRELIMINARY MAP/FINAL PLAT
CASE NO. FA-01-001
Mavetic Subdivision No. 2
1435 Independence Street

Preliminary Map and Final Plat for 26 additional apartment units

DEXTER WRITER reviewed his proposal, and then made himself available for questions from the Commission.

CHAD MINOR entered into the record the Zoning and Subdivision Ordinance, Comprehensive Plan, staff report and pictures. He then reviewed his staff report and asked Planning Commission to approve this preliminary map and final plat.

PAUL DITSON, 1305 Garrison St., thanked the applicant for keeping this project single-family residential. He encouraged the Planning Commission to take into consideration the history of the surrounding area of this established neighborhood.

VARILYN SCHOOK, 8 Lakewood Heights Dr., expressed concern about the boundary dispute on the western boarder. Regarding the neighborhood meeting held on March 5th, 2001, she was not contacted by the Dexter Group for that meeting, nor has the Writer Group ever contacted Mrs. Waterman's attorney. She did not know anything about the Eiber Build a Generation group, however, she thought that property owners who are contiguous to the property should have been notified. Ms. Schook wanted to be assured that her letter will become part of the public record, and wanted to know the names of the five people who attended the neighborhood meeting.

CHAIRMAN PETERSON asked if her neighbors received notification?

VARILYN SCHOOK said Mrs. Waterman was not notified and said she will discuss that issue.

JOSEPHINE WATERMAN, 9 Lakewood Heights Dr., said James Wagle, David Hardcastle, Barbara Brittan, the Corbetts, and Dorothy Tevy did not receive notification of the neighborhood meeting and she also wanted the names of the people attending that meeting. She said Mr. Writer has not contacted her attorney Mr. Boatwright nor has he answered his letter. Mrs. Waterman was planning legal action against this applicant.

COMMISSIONER MALM wanted the record to state that Mr. Gerald Boatright, attorney for Mrs. Waterman, is a personal friend of her family, and there has not been any discussion between Mr. Boatright and herself regarding this case.

COMMISSIONER LLOYD wanted the notification procedures clarified for Mrs. Waterman and Ms. Schook?

PA-01-003 & FA-01-001 (CONT'D)

JUDI COUBROUGH said neighborhood meetings are not a requirement of the Lakewood Subdivision Ordinance. They are voluntary meetings held by the applicant for his own benefit and the benefit of the neighbors. When a plat is about to come before Planning Commission, notification is required to within 500-feet of the perimeter of the boundary.

COMMISSIONER LLOYD wanted the applicant to comment.

DEXTER WRITER said he went to a title company and they prepared a map of the surrounding property owners, he had his office people send out the notices, and some of the people did get the letter because they were at the meeting. Also, one of the neighbors had a meeting on their own informing other neighbors of the project.

CHAD MINOR said he personally went to the Eiber Build a Generation meeting attended by approximately 125 people, without the applicant because he was ill, and gave a presentation of this proposal. He added the boundaries are from Wadsworth Blvd., to Oak St., and 6th Avenue to Colfax.

COMMISSIONER LLOYD asked if the Eiber Build a Generation is the same as the Eiber Neighborhood Homeowners Assoc.?

CHAD MINOR answered, they are two different organizations. The five people attending the neighborhood meeting were Mary Fieoria on Kline St., Doris & Howard Hammer, on Hollen St., George Collins on Independence St., and Bonnie Ferguson, on Hollen St.

COMMISSIONER LLOYD wanted to know the problem with the survey.

DEXTER WRITER said his engineers take the City and County records and proceed to the survey. The owner George Bailey, and this is his property, said the two disputes came about from the parties lining up their fences and looking down a line, not by an official survey. Also, the public easement is well inside their property and thought the encroachment to be approximately five-feet. He said he did have a discussion with Mr. Boatright, as part of the process to purchase this property. Mr. Bailey did tell the neighbors they were encroaching on his property, but he was using it for pasture at the time and did not pursue any action other than speaking to the parties.

COMMISSIONER MALM asked when he spoke with Mr. Boatright.

DEXTER WRITER remembered it was before Mr. Boatright wrote his letter.

COMMISSIONER MALM asked if he had any conversations with the two ladies at this hearing.

DEXTER WRITER said no, he could not solve it at this stage since Mr. Bailey owns the property. He said they want to be good neighbors, and if there is any problem they will get it solved.

PA-01-003 & FA-01-001 (CONT'D)

COMMISSIONER MALM was troubled with the lack of communication, and effort to resolve this outside the court.

DEXTER WRITER said he is not in a position to take this on as he is not yet the property owner.

COMMISSIONER QUINN referred to the letter from Mr. Kennebeck and wanted to know if the City has any potential liability because of this boundary dispute.

CHAD MINOR said he spoke to Mr. Kennebeck and was told this is a civil issue, Mr. Writer has proven with clear title commitment and survey, to the City's Property Management Division, that the disputed property is in fact George C. Bailey's property. Until it is proven otherwise, the City will proceed with the plat, and Mr. Kennebeck gave no indication that the City would be liable.

COMMISSIONER QUINN asked if the title commitment was reviewed by the City's Property Management Department?

CHAD MINOR said yes, all final plats are reviewed by the Property Management Department, and this was reviewed by Mr. Dan Corrales. When this issue came to light staff went back to Dan and he said everything checks out, plus Jefferson County assessors maps recognize this as Mr. Bailey's property.

COMMISSIONER QUINN wanted to know if there is a drainage issue on this property?

TIM DOHERTY, Civil Engineer with the City, said there are no flood plains or drainage problems that would be increased by this development. This development will improve water quality.

CHAIRMAN PETERSON referred to Mr. Kennebeck memo and asked if the City knew prior to June 14th the problem with the ownership dispute.

CHAD MINOR said staff heard about it at the Eiber meeting, and then began the process of taking a closer look.

CHAIRMAN PETERSON asked if the information was passed onto Mrs. Waterman?

CHAD MINOR said yes, she was told this would be a civil matter and advised to talk to her attorney.

CHAIRMAN PETERSON asked Mrs. Waterman if she was told she could stop the platting process by filing a Quiet Title?

JOSEPHINE WATERMAN said her attorney told her that if accommodation cannot be reached with the Writer Corporation, the next step would be a Quiet Title.

CHAIRMAN PETERSON then wanted to know when she received notification of this meeting?
PA-01-003 & FA-01-001 (CONT'D)

JOSEPHINE WATERMAN answered, one week ago, plus Mr. Minor called and told her when the meeting would occur. She added, Mr. Boatright is out of town at this time and she was advised she did not have to say anything unless this applicant goes ahead and builds a non-conforming lot. She understood this dispute is not a subject for the Planning Commission.

CHAIRMAN PETERSON asked what would happen if the Quiet Title is upheld in court?

CHAD MINOR said, the two lots in question are more than 6000 square feet and if they lost a portion of the lot they would still be in compliance.

COMMISSIONER MALM said this Commission does not have a platform to speak to this issue.

COMMISSIONER QUINN based on the testimony at this hearing and the information in the staff report, moved Planning Commission approve Preliminary Map Case No. PA-01-003, subject to the one condition listed in the staff report. SECOND by COMMISSIONER MARINO.

Motion passed by a unanimous vote 5-0.

COMMISSIONER QUINN based on the testimony at this hearing and the information in the staff report, moved Planning Commission approve Final Plat Case No. FA-01-001. SECOND by COMMISSIONER MALM.

COMMISSIONER QUINN suggested sign posting for meetings even if it is not a requirement.

COMMISSIONER MALM was also concerned that neighbors did not know about the neighborhood meeting, and with no effort made to resolve the problem.

COMMISSIONER LLOYD asked if City Council is planning to discuss this issue next week?

JUDI COUBROUGH said yes, Vince Harris has been working on a proposal to increase notification to include to those who don't own property, which will start in January. Notification was increased to 500-feet several years ago. She did not know about a sign being added to the regulations.

CHAIRMAN PETERSON was concerned with the notification process as it was played out in this case, also the level of cooperation and concern between the developer and the neighborhood was disappointing.

Motion passed by a unanimous vote 5-0.

CHAIRMAN PETERSON wished the applicant and the neighbors well in the upcoming process.

3. CASE NO. SU-01-002 SPECIAL USE PERMIT
Accent Products
5447 W. Mississippi Avenue

Construct wood working shop for trade and technical use

JIM AND SHARON SWARTZ, 8601 W. Tennessee Pl., reviewed their business history and described how they plan to utilize this property. He then made himself and wife available for questions from the Commission.

REBECCA FARRAR entered into the record the staff report, case file, Zoning and Subdivision Ordinance, and Comprehensive Plan. She then reviewed her staff report and asked Planning Commission to approve this Special Use Permit.

COMMISSIONER QUINN referred to the two buildings behind the fence and wondered how those buildings will be utilized?

JIM SWARTZ described the buildings as having heat and electricity as well as a storage shed. Some of those buildings will be used for storage, they will construct a 2,380 sq. ft. building, and the house will be used for office.

COMMISSIONER LLOYD wondered if he has another site where he operates his business?

JIM SWARTZ said he will operate his business out of this site, and they have been renovating the office since April while waiting for this approval.

COMMISSIONER MALM asked if they are going to add outside lighting?

JIM SWARTZ said on the proposed building there will be two lights facing down so as to not intrude into the neighborhood.

COMMISSIONER MALM referred to the dog mentioned in a letter from a neighbor.

REBECCA FARRAR thought that property was adjacent to the east as the lady was confused about the direction.

COMMISSIONER MALM said this neighbor wants to know if a fence will be built?

SHARON SWARTZ said this lady called them prior to their moving to the site and was very intimidating, since she made many threats and confused them with Accent Windows. They don't throw rocks at her dog and there is an existing fence, therefore, they will not construct another fence.

REBECCA FARRAR added the lady wanted her letter included in the record, which arrived after the packet was sent to Planning Commission.
SU-01-002 (CONT'D)

COMMISSIONER MALM wanted to know about landscaping?

JIM SWARTZ said there is a lot of existing landscaping, they are putting in a sprinkler system, and additional vegetation, plus they plan to maintain it and make it one of the nicest places on Mississippi.

COMMISSIONER MARINO asked if they have any parking areas planned for the site.

JIM SWARTZ answered no.

COMMISSIONER MALM, based on the testimony at this hearing and the comments in the staff report, moved that Planning Commission approve this Special Use Permit Case No. SU-01-002, subject to the two conditions in the staff report. SECOND by MARINO.

Motion passed by a unanimous vote.

APPROVAL OF MINUTES

COMMISSIONER MALM moved that the minutes of the Planning Commission of October 3, 2001 be approved. SECOND by COMMISSIONER QUINN.

Motion passed by a unanimous vote 5-0.

COMMISSIONER COMMENTS

CHAIRMAN PETERSON was surprised that a landscape plan for a Special Use Permit was required.

JUDI COUBROUGH apologized for not including them in the packet.

CHAIRMAN PETERSON suggested they come in the 11 X 17 sized form.

INFORMATIONAL ITEMS

COMMISSIONER LLOYD wanted to know the schedule for the next two months?

November 14, 2001 - Graham House Comp. Plan
December 5, 2001 - Study Session starting at 4 p.m. on Performance Zoning - Cabinet Room
Street Standards
Parking Regulations
December 5, 2001 - Public Hearing - Modification reconsideration in the Council Chambers 6 pm
December 17, 2001 - Joint Study Session with City Council
December 19, 2001 - Study Session on the South Alameda Plan 6 pm Cabinet Room

INFORMATIONAL ITEMS (CONT'D)

Public Hearing at 7 pm
Belmar rezoning
Framework Plan
Special Use Permit for 15 Wadsworth

January 2, 2002 - Cancelled ( No Quorum )

January 16, 2001 - Election of Officers

ADJOURNMENT

There being no other business to come before the Lakewood Planning Commission, the public hearing of November 7, 2001 was adjourned at 9:05 p.m.

Date approved Elaine Rosedahl, Secretary to
the Planning Commission