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PUBLIC HEARING MINUTES
October 20, 2004
COMMISSIONERS PRESENT
Tom Quinn, Chair
John Plotkin
Rich Urbanowski
Bill Marino
Bunny Malm
Charles Choi
STAFF PRESENT
Vince Harris, Planning Manager, South Side
Roger Wadnal, Planning Manager, North Side
Anne Heine, Lead Development Review Engineer
Ben Mehmen, Civil Engineer I
Toni Spurgeon, Engineering Dev. Assistance Coordinator
Chad Minor, Senior Planner
Dru Siley, Planner III
Tina Dill , Planner I
John Padon, Traffic Engineer Technician
Vicki Kaufman, Planning Commission Secretary
___________________________________________________________________________________
The following are the minutes of the October 20, 2004 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.
____________________________________________________________________________________
INDEX
RZ-04-004 Request of Habitat for Humanity to rezone property located at 1599 Fenton Street from 5-C (Large Lot Commercial) to 4-R (Medium Density Residential) for the development of six (6) single-family lots.
SU-04-001 Request of Mike and Mary Sulli for a Special Use Permit for property located at 6205 West Mississippi Avenue in order to operate a landscape business on the property, which is only allowed with a Special Use Permit. The 2.5-acre property is split zoned: Approximately one-half acre along Mississippi Avenue is zoned OFFICE and the remaining two-acres is zoned R1-A.
The roll having been called, a quorum was declared and the following business was conducted:
CHAIRMAN QUINN explained guidelines to be adhered to.
ITEM 1: CASE NO. RZ-04-004
ANDY BLACKMUN of 2565 South Williams Street, Denver, Colorado 80210, spoke for Habitat for Humanity. He said there was a request from City of Lakewood Engineering to put in curb and gutter as well as sidewalks and trees along Fenton Street and curb and gutter along 16th Avenue.
DRU SILEY, PLANNER III, gave the staff report and showed several slides. Dru said Staff does recommend that Planning Commission recommends City Council approve this request.
No citizens wished to testify on this case so the public comment hearing closed at this point and commissioner questions began.
COMMISSIONER PLOTKIN asked how the homes are marketed and sold, and if there are restrictions on resale of the homes.
ANDY BLACKMUN said they are sold to homeowners who have been selected ahead of time. Families go through a screening process for about one year and then are chosen beforehand so the house can be built according to their individual needs. Homes are sold to the families with a no interest mortgage for about twenty years. There are resale restrictions: Habitat for Humanity holds the right of refusal for resale for the first five years of the mortgage and the homes have a second mortgage that is "silent" but brings the home up to the true appraisal price and would need to be paid if anyone tried to resell.
COMMISSIONER MALM said it is worth noting the "sweat equity" that goes into these homes.
ANDY BLACKMUN said immediate family members, once selected, agree to work between 250 and 500 hours, depending on family composition, to build their homes and their neighbor's homes.
COMMISSIONER QUINN noted that a geo-technical report was requested. Were there any geo-technical problems on this site?
BEN MEHMEN, CIVIL ENGINEER I, said there were no geo-technical problems on this site.
COMMISSIONER MALM said having personally viewed this property, and taken into consideration the statements of Staff and the testimony of the Applicant; finding that this proposal is in compliance with the Comprehensive Plan by encouraging quality development and economic development, promoting sustainability and minimizing impact to the adjacent neighborhoods. Further finding that the proposed rezoning is compatible with the Edgewood Neighborhood Plan, that a Neighborhood Meeting was conducted, and taking into consideration the summary of pertinent facts as submitted by Staff and outlined in Items 1-8, Commissioner Malm made the motion that RZ-04-004 be sent to City Council with the recommendation for approval.
COMMISSIONER CHOI seconded the motion.
The motion carried by a vote of 6-0
ITEM 1: CASE NO. SU-04-001
MIKE SULLI of 4934 South Indian Trail, Evergreen, Colorado 80439, said he is applying for a Special Use Permit to allow for a landscape business at 6205 West Mississippi Avenue.
TINA DILL said Staff was recommending approval of this Special Use Permit.
She entered into the record the Staff report, the Lakewood Zoning Ordinance,
and slides. Staff suggested approval of this case with conditions.
COMMISSIONER CHOI asked Tina if she was recommending this be a Special Use Permit
to be granted only to Mike and Mary Sulli and, if so, then who are Charles and
Linda Grogen?
TINA DILL said the Special Use Permit would be granted to Mike and Mary Sulli only. Charles and Linda Grogen are the current landowners who are selling their property to the Sullis.
COMMISSIONER MALM asked Tina about the record of two neighborhood meeting letters. Were there two neighborhood meetings, one on May 11, 2004 and another on June 29, 2004? Was the second meeting to correct an over-sight in notification to adjacent homeowners associations and do we know for certain they received the second notification? Commissioner Malm noted that there were no letters of opposition and no attendees at the second meeting.
TINA DILL said yes there were two meetings. Tina spoke with Linda Shepherd,
the representative for Jefferson Gardens Homeowners Association, who had one
of her representatives come in to the office to look at the site plan ahead
of time and they are in support of the Special Use Permit. Tina said she was
also concerned and that prompted her to call Linda Shepherd because there was
no one who attended the second neighborhood meeting and there were no letters
of opposition.
COMMISSIONER MARINO asked if the purchase of the property is not completed what
happens to this Special Use Permit? Would it become null and void?
TINA DILL said that is correct.
COMMISSIONER MARINO wondered about the vehicles on the property. He wanted the information for the record that there would be less vehicles stored on the property.
MIKE SULLI said he has about eight trucks to store. He only has pickups and one-ton trucks and four or five skid stair loaders. The skid stair loaders are usually out at job sites.
COMMISSIONER QUINN said he noticed in the report about the first neighborhood meeting that a question was raised about how many vehicles could be stored there and Staff's response was that none could be stored there.
TINA DILL said vehicle storage is typically not allowed but the vehicles that are associated with the landscape business are allowed. He will not be able to have any extra vehicles stored there.
COMMISSIONER URBANOWSKI asked if this was a retail business. A retail business would generate a lot more traffic. Also, he noted that there was a concern about dust being generated.
MIKE SULLI said it is not a retail business. For the most part they are there in the morning, go out to the job sites, and come back later in the day. He addressed the neighbors concerns about dust by saying the neighbor was concerned about stockpiles of manure and Mike said he does not stockpile manure.
TINA DILL added that the gentleman at the neighborhood meeting who was concerned about the dust blowing was also concerned about sand blowing and Mike Sulli offered to build bins out of concrete block to contain the materials that might blow.
COMMISSIONER URBANOWSKI asked Tina if there is any safe guard in place in case
some
nuisance that might have been overlooked tonight would occur in the future.
TINA DILL said the Special Use Permit could be revoked if the applicant doesn't conform to the standards that Staff expects and the conditions of approval.
COMMISSIONER PLOTKIN moved that the Special Use Permit application be approved adding in the five conditions shown in the Staff report.
COMISSIONER MALM seconded the motion.
Motion carried by a vote of 6-0.
ITEM 2: APPROVAL OF MINUTES FROM JULY 21, 2004 PUBLIC HEARING
Meeting minutes for July 21, 2004 were approved, as were the minutes from September 15, 2004.
ITEM 3: GENERAL BUSINESS
None
ITEM 4: COMMISSIONER COMMENTS
None
Meeting was adjourned at 7:35.
ADJOURNMENT
Vicki Kaufman, Secretary to the Lakewood Planning Commission
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