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PUBLIC HEARING
May 1, 2002 MINUTES
COMMISSIONERS PRESENT
Charles Choi, Chairman
Tom Quinn
Wilmae "Bunny" Malm
Bill Marino
Andrea Hollen
Ed Peterson
STAFF PRESENT
Vince Harris, Manager of Development Review and Enforcement
Susan Piercy, Senior Planner
Tod Cecil, Economic Development Specialist II
Tina Dill, Planner I
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________
The following are the minutes of the May 1, 2002 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
OA-01-006 Contractor Shops 2
Trade and Technical uses
PL-01-001 Three Mile Plan 5
The roll having been called, Chairman Choi declared a quorum and the following
business was
conducted.
2. CASE NO. OA-01-006 ORDINANCE AMENDMENT
Trade and Technical Uses
VINCE HARRIS reviewed his staff report and asked Planning Commission to approve the Trade and Technical changes to the Zoning Ordinance.
CHAIRMAN CHOI asked if Article 6 would be retitled from Special Use Permits to Performance Based Standards?
VINCE HARRIS answered yes, it will be named Special Use Permits and Performance Standards.
COMMISSIONER MALM asked if indoor storage includes chemicals and toxic materials?
VINCE HARRIS answered, the Fire Department has regulations about how that type of material is to be stored.
COMMISSIONER MALM wanted this Ordinance to show how those regulations are monitored?
VINCE HARRIS said any type of storage is subject to fire code regulations.
COMMISSIONER PETERSON wanted to know Economic Development's position as to how this will affect businesses wanting to locate in Lakewood?
TOD CECIL answered, his department does not have a projection in terms of numbers, however, businesses do come to them through the planning process making their concerns clear. Outdoor storage is as important as indoor storage and typically their only choices are the 5-C or the industrial zone district. This Ordinance change helps to open up more opportunities for small business to operate in the City of Lakewood.
COMMISSIONER HOLLEN wondered if there is a reason why performance language regarding environmental hazards is not addressed with respect to this use?
VINCE HARRIS said the Zoning Ordinance does not regulate uses in relation to
environmental hazards.
He added that Brian Neilson is the City's environmental inspector and suggested
additional wording may be added by the City attorney's office for outdoor storage.
COMMISSIONER HOLLEN wanted to know how the revocation process might work?
VINCE HARRIS replied, the process would be identical to the process already in place in Article 6.
COMMISSIONER MARINO referred to Article 6 and wanted to know how this addresses the storage sheds or temporary buildings, and are they permitted?
VINCE HARRIS said there are no temporary buildings. All buildings have to be on a foundation to meet the building code requirements.
COMMISSIONER MARINO then asked if this amendment includes the neighborhood meeting step?
VINCE HARRIS said it would for special use permits for the outdoor storage.
COMMISSIONER QUINN asked if this applies only in commercial districts and not residential districts?
VINCE HARRIS replied, it only applies in commercial zone districts.
COMMISSIONER QUINN wanted to know if there is any potential negative impact from this change?
VINCE HARRIS said the use-by-right for contractor shops and the trade and technical uses are businesses conducted indoors and did not think there will be any negative impacts, but rather, would open up opportunities for smaller businesses to operate in Lakewood.
CHAIRMAN CHOI referred to Article 6 and wanted to know if this is a precursor to the development of performance based standards?
VINCE HARRIS said Article 6 includes performance standards for special use permits.
CHAIRMAN CHOI then asked if the special use permit/performance standards will be applied universally throughout all the various zoning categories?
VINCE HARRIS said they would apply uniformly for all the commercial zone districts for these two uses for contractor shops and trade and technical uses.
CHAIRMAN CHOI was concerned the language comes close to becoming prescriptive. He wanted to know why this is restricted only to adjacency issues regarding residential uses.
VINCE HARRIS said staff thought it is appropriate to provide buffering and screening of outdoor storage from residentially zoned properties, and the commercial/industrially zoned properties should not be obligated to have a 10-foot landscape buffer which is harsh between two same zoned properties.
CHAIRMAN CHOI thought sooner or later commercial/industrial zones will run up against a different zoned property.
COMMISSIONER HOLLEN added, the language is very prescriptive instead of indicators speaking to impacts as opposed to requirements. She suggested an "or" clause be added that takes into account the terrain and the totality of the surrounding properties.
COMMISSIONER PETERSON also agreed, but did not think it wise as a Commission to get into word-smithing regarding the Ordinance. He wanted to know how an "or" statement could be added to take advantage of the other alternatives rather than being specific on what is involved in the screening. Also, what about temporary storage as long as they don't impact parking and screening requirements.
VINCE HARRIS said as long as vehicles are licensed, are coming and going each day, it is not considered storage. If a van is parked and unlicensed then it becomes storage.
COMMISSIONER PETERSON then asked about a trailer temporarily parked on a site.
VINCE HARRIS answered, outdoor storage has a 10-day limit.
COMMISSIONER HOLLEN added, the current definition of storage is a structure designed to be used solely for storage and designed or intended for transport.
COMMISSIONER PETERSON thought it would be good to be more flexible with storage, however, it must be screed from public view.
VINCE HARRIS said enforcement then becomes very difficult because one business would be treated one way and another a different way.
COMMISSIONER PETERSON asked if a site plan could be used to show their intent?
VINCE HARRIS said they are hard to keep track of and enforcement is very difficult.
TOD CECIL added, this Ordinance needs to treat every one fairly, and trailers seem to multiply.
COMMISSIONER MALM wondered if there is a provision to accommodate seasonal items that might be perishable?
VINCE HARRIS said landscape businesses are regulated separately in the Zoning Ordinance, and perishable items can be stored indoors.
COMMISSIONER MALM based upon staff recommendation and the information presented in testimony and written form, moved Planning Commission recommend City Council approve Ordinance Amendment Case No. OA-02-006. Subject to consideration of environmental hazards and an "or" clause that deals with visibility. SECOND by COMMISSIONER QUINN.
CHAIRMAN CHOI referred to 17-2-2(85) where it states this use does not include auto wrecking yards, and wanted to know why it does not say "this use excludes."
VINCE HARRIS said the word "exclude" has been in the Zoning Ordinance for some time because it has been enforceable. He said he would ask the City Attorney if that language could be added.
Motion passed by a unanimous vote 6-0.
COMMISSIONER PETERSON commended staff for bring the trade and technical ordinance forward as it is a very good starting point.
3. CASE NO. PL-02-001 PLANNING
Three-Mile Plan
SUSAN PIERCY said the City of Lakewood is required by the Colorado Revised Statutes to limit annexations to an area within a three-mile boundary at any one point around the City within any one year period. The Three-Mile Plan identifies boundaries and establishes how those areas can be developed regarding streets, utilities, water and other uses. This plan identifies the plans the City has in place as well as plans from Jefferson County in order to regulate development in those areas. Only unincorporated areas are eligible for annexation.
COMMISSIONER QUINN wanted to know why this plan has to be updated every year?
SUSAN PIERCY said the Colorado Revised Statutes require each municipality to identify their three-mile plan and update that plan every year.
COMMISSIONER QUINN moved Planning Commission recommend City Council approve the Three-Mile Plan. SECOND by COMMISSIONER PETERSON.
Motion passed by a unanimous vote 6-0.
4. APPROVAL OF MINUTES
COMMISSIONER MALM moved to approve the minutes of February 20, 2002. SECOND
by COMMISSIONER MARINO .
Motion approved by a 6-0 vote.
COMMISSIONER COMMENTS
VINCE HARRIS told the Commission that one Commissioner can go to the CML conference in Breckenridge.
BUNNY MALM suggested the Commission attend the breakfast on Friday the 10th from 7 am to 10 am "Cops that Cook" and to wear their City of Lakewood shirts.
VINCE HARRIS announced the department promotions, Olga to Planner III Dru and Becca Planner II and Chad Senior Planner.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission, the public hearing of May 1, 2002 was adjourned at 8:25 p.m.
Elaine Rosedahl, Secretary to the Planning Commission
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