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PUBLIC HEARING
May 21, 2003 MINUTES
COMMISSIONERS PRESENT
Wilmae "Bunny" Malm, Chairman
Tom Quinn
Ed Peterson
Bill Marino
Andrea Hollen
Ken Lloyd
STAFF PRESENT
Frank Gray, Director
Vince Harris, Manager of Development Review and Enforcement
Chad Minor, Senior Planner
Roger Noonan, City Attorney
Lois Engbretson, Lead Code Enforcement Officer
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________
The following are the minutes of the May 21, 2003 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-02-003 Definition of Schools 2
The roll having been called, Chairman Malm declared a quorum and the following
business was
conducted.
1. CASE NO. OA-02-003 ORDINANCE AMENDMENT
DEFINITION OF SCHOOLS
Amend the Zoning Ordinance clarifying Articles 2, 5, and 6
CHAD MINOR presented a brief review of the proposed changes to the Zoning Ordinance. He then made himself available for questions from the Commission.
DOROTHY WISECARVER, 8655 Meadowlark Dr., 80226 spoke for Robert Baker and David
Wolf who was unable to attend this public hearing, saying he supports the comments
from the West Alameda Heights HOA. She then read the memo from David Wolf, President
of the West Alameda Heights HOA, 18 Balsam St.., 80226 as well as the Mid-Lakewood
organization which also supports Mr. Wolf's position. Ms. Wisecarver added,
her personal comments also agreed with David Wolf's letter saying that collages/universities
do not belong as a use-by-right or with a special permit in any residential
zone. She then asked the following questions:
· Why were the colleges/universities added as a use-by-right in all residential
zone categories as done in 1998?
· In the 3-R zone district colleges/universities could be allowed with
a SUP, therefore, will the SUP be under performance-based-standards?
· What happened to the performance-based-standards Planning Commission
was suppose to review a few months ago?
· Are colleges/universities being allowed in 3-R through 6-R residential
zone because staff fears the RLUIPA law?
CELESTE FLEMING, 435Carr St., 80226, was concerned with the apartments in the 4-R through 6-R zone districts. She included trailer courts and apartments used for student housing in the winter, however, in the summer they change and are used for transient type populations.
DARRELL WAAS, 4250 So. Zephyr St., 80235, Attorney with, Otten, Johnson, Robinson, Neff and Ragonetti, representing Colorado Christian University, requested Planning Commission consider policy implications for the entire City before they allow a SUP in the 3-R zone district. He was concerned with the identity of the community, since colleges/universities are not in conflict with residential uses. When you make it harder to do business within the City, then other jurisdictions become more attractive for those uses. There are many government tools available to deal with problems within neighborhoods, and a part of Lakewood's identity is the existence of colleges/universities.
VICKY STACK, 8890 W. 13th Ave., 80215, agreed with previous testimony and asked that all the questions be answered and not avoided. She then asked the Planning Commission to table this decision in order to give them time to seek outside council on the RLUIPA law to be sure there is no zoning interference.
MICHAEL O'BIERNE, 25 N. Cody Ct., 80226, presented an article titled How Congress Undermined the American Dream, and he too urged the Commission to continue this case until outside legal council can be obtained to protect the City and the neighborhood from religious institutions. He remembered when colleges/universities were restricted from all residential neighborhoods, now this proposal changes that,
and he wanted clarification as to what is going on with this Ordinance. He gave a brief review the surrounding zoning of several schools in the Lakewood area. Mr. O'Bierne had a problem with colleges moving into neighborhoods without the neighborhood's knowledge or consent. This proposal from the City, is the least restrictive on colleges/universities, and asked why they can do business in residential neighborhoods with a SUP and in the 3-R through 6-R districts. He then reviewed some history of land use cases involving religious institutions.
BRIAN BISSELL, VP Colorado Christian University, 180 S. Garrison St., 80226, said Colorado Christian has been a good neighbor for over 40 years, as well as several of their staff live in this area including himself. Mr. Bissell was sorry that many of the neighbors would not engage in dialogue with them when these issues first began several months ago. He said CCU is not thrilled with the way this Ordinance is written, since the negative testimony is from one very small 2-R neighborhood, and believes CCU is a valued asset to most of the City of Lakewood residents.
VINCE HARRIS answered the question regarding the 1998 Ordinance Amendment reformatting the Zoning Ordinance. There were a number of definitions that were not defined in the previous version of that Ordinance, and the school definition has now been included. All types of schools are permitted in all zone districts by definition and in the Zoning Ordinance.
FRANK GRAY added, the question regarding performance-based-standards is that a SUP is a form of performance standard, and the same criteria will be used for all SUP's. It is the intent of the new Comprehensive Plan to change the standards that are numerical or subject standards to performance standards. The existing standards were sufficient to handle the SUP process and have been used for twenty years.
ROGER NOONAN said he did talk to Ms. Hamilton and she was willing to be an advisor to City Council, charging a minimum non-refundable fee of $5,000, plus $500 an hour. This information was given to City Council for a decision, however, he did not think the City has a RLUIPA problem, plus Mrs. Hamilton thinks RLUIPA is unconstitutional. City Council currently does not want to spend the funds for her review. It is up to the Planning Commission to make a recommendation to City Council as to what zone districts they think schools fit, and do they have to be in every zone district of the City, absolutely not? The legislative history on RLUIPA does not provide religious institutions with immunity to land use regulations, since they have to apply for all permits and meet all zoning regulations. Everything in this Ordinance is neutral, since no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person including a religious assembly or institution. He did not think RLUIPA a problem with this Ordinance.
COMMISSIONER LLOYD wondered if a SUP dealing with a religious institution would have RLUIPA ramifications.
ROGER NOONAN said it would depend if out-right-religious-discrimination had
occurred. The denial of a SUP does not mean the threshold is crossed kicking-in
RLUIPA.
VINCE HARRIS then answered the Cody St. apartment question. They were built to the standards for multi-family units, and students can reside in those apartments. The Lakewood Code Enforcement Department deals with noise complaints, and all apartment complexes have noise issues. Regarding transient use, time limits do not apply to apartment dwellers.
FRANK GRAY referred to the Baker/Wolf letter, this Ordinance will not let a college/university go out and buy houses and then put students in those single-family homes.
VINCE HARRIS added, the definition of student-living-units is clear in the Ordinance.
CELESTE FLEMING wanted to know about the use of the apartments in the summer, since they are used by transient groups during that season and cause problems.
VINCE HARRIS said they are living units and the owner of the property has the ability to rent those units to whomever he wishes.
MICHAEL O'BIERNE wanted to know if this proposal is coming from staff and is the definitive process to date?
FRANK GRAY said, the answer is yes.
COMMISSIONER HOLLEN wanted more information on the words "controlled by."
ROGER NOONAN said the terms are to be interpreted in the broadest way.
FRANK GRAY added, it has to be a contractual situation. If a home is posted on the university bulletin board it would be legal and allowable. This has no baring on a private owner's desire to rent his/her home to students.
COMMISSIONER LLOYD wanted to know if a private investor wanted to buy up houses, with no relationship to the college, would they have any association with the university?
ROGER NOONAN said no. If the individual has no contract with the school, he/she can rent to students.
COMMISSIONER PETERSON then asked, if a private investor goes to a college and offers spaces, the college says they will provide students for the house, would that be a contract? Or if a student drops out of school and wants to remain in the home, but the college wants another student placed in the apartment, would that be a problem?
ROGER NOONAN thought it would, if the college picks out students and tells
them where to live, there would be a problem. If the student drops out of school
and the college wants him/her out, that would constitute a controlling interest.
He said he is comfortable with the language and thinks it is defensible.
COMMISSIONER LLOYD asked about a SUP for 3-R and above, and wanted to know the pros and cons.
FRANK GRAY answered, there were proposals to put it in all zone districts and others to take it out of all zone districts. This is a compromise, and there are some zone districts where it is appropriate as a use-by- right.
COMMISSIONER PETERSON thought ancillary uses such as libraries, book-stores, or laboratories, would be enhanced with the SUP.
COMMISSIONER HOLLEN asked if there is another example that would further illuminate such a use?
FRANK GRAY said group homes would be an example.
CHAIRMAN MALM said before this Commission is an Ordinance amending the Lakewood Zoning Ordinance Article II, relating to the definition of schools colleges and universities, Article V, relating to the location of schools/collages/universities; and Article VI, relating to colleges/universities as a Special Use.
COMMISSIONER HOLLEN, based on the analysis in the staff report, and the testimony
at this hearing, moved Planning Commission recommend City Council approve Ordinance
Amendment Case No. OA-02-003, subject to the conditions in the staff report
including the amendments from the memorandum of May 21, 2003. SECOND by COMMISSIONER
QUINN.
COMMISSIONER HOLLEN added, this motion is based on the view that this presents
an even-handed and balanced approach on mitigating the conflicts between colleges/universities
and other uses.
COMMISSIONER LLOYD was comfortable with the 1-R and 2-R district, however, would prefer a SUP in the higher zone districts. He wanted the citizens to know that colleges/universities can be very compatible in residential districts.
CHAIRMAN MALM did not think this Commission or staff looks on any segment of Lakewood citizenry as second-class-citizens.
COMMISSIONER PETERSON said he would support this Ordinance, as he was comfortable with the SUP as well as the up-coming performance-based-standards. He also liked the even handedness of this use and knew City Council will also look on this as a city-wide issue.
COMMISSIONER HOLLEN wanted to underscore that her motion as being evenhanded and based on the broadest possible range of colleges/universities, and does not in any sense even mention religion or religious institutions, or place a burden on religious exercise.
COMMISSIONER MARINO added, at all the study sessions this was looked on as
a city issue and not a specific location. He thought it a good compromise and
the City Attorney is comfortable.
CHAIRMAN MALM thanked the citizens for being involved, for their input and support, since that has been a very important part of the process. She thought City Council will feel the same.
COMMISSIONER QUINN echoed all that was said.
COMMISSIONER HOLLEN also thanked the citizenry and encouraged development of performance-based-standards.
Motion passed by a unanimous vote 6-0.
APPROVAL OF MINUTES
CHAIRMAN MALM pointed to the attendees portion of the minutes which showed Commissioner Hollen as present when she was not.
Minutes for April 16, 2003 public hearing were approved by a consensus of the Commission.
COMMISSIONER COMMENTS
COMMISSIONER PETERSON thanked staff for keeping the Commission on track with the Comprehensive Plan update. He thanked Chad Minor for his work on performance based standards.
GENERAL BUSINESS
COMMISSIONER MARINO wanted the Commission's copy of the new Comprehensive Plan replaced for public hearings. Regarding fundraising for the statuary "Three Generations" offered to be the representative for the Commission for donations, by purchasing a brick for the Planning Commission which would amount to about $120.00. He said he would write the check and then collect the donations from the Commission.
Next Wednesday 6:30 DAT Conference Room Action Steps
June 4, 2003 study session on Rooney Valley
CHAIRMAN MALM wanted to set aside those Wednesdays in June for Action Steps in which no other items are scheduled. She wanted it set for 6:30 p.m.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission,
the public hearing of May 21, 2003 was adjourned at 9:05 p.m.
Elaine Rosedahl, Secretary to the Planning Commission
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