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April 20, 2005
COMMISSIONERS PRESENT
Bill Marino, Chair Tracy Simmons
Bunny Malm Michael Rohr
Rich Urbanowski George Brown III
John Plotkin
STAFF PRESENT
Vince Harris, Planning Manager Anne Heine, Lead Dev. Review Engineer
Paul Rice, Senior Planner Toni Spurgeon, Eng. Dev. Assistance Coord.
Kara Mueller, Planner II John Padon, Traffic Engineeer Technician
Amy Arnold, Planner I
Vicki Kaufman, Planning Commission Secretary
____________________________________________________________________________
The following are the minutes of the April 20, 2005 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
ITEM 1: RZ-04-009: Request of Kenneth M. Kiken, Milestone Partners, LLC, to
consider a rezoning at 9990 West Alameda Avenue. The land is zoned OF (Office)
Zone District, 1-R (Large Lot Single Family Residential) Zone District, and
3-R (Duplex and Single Family Residential) Zone District. The request is to
rezone the property to PD (Planned Development) Zone District to allow for the
development of 264 multi-family units.
ITEM 2: SU-05-002: Request of Andrew Hansen, The Den, to consider a Special
Use Permit for 8700 West 14th Avenue. The land is zoned OF (Office) District.
The purpose of the Special Use Permit is to consider a request for Animal Day
Care Facilities with Outdoor Uses.
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The roll having been called, a quorum was declared. The Chairman gave information
on public hearings before Planning Commission. He also stated that the commission
was being asked to allow the second case to go first tonight out of consideration
for the audience. The following business was conducted:
CASE RZ-04-009:
VINCE HARRIS, PLANNING MANAGER, asked that the commission continue the rezoning
request for the property at 9990 West Alameda Avenue. He explained that Staff
did try to get the information out to the representatives of the neighborhoods
and Vince apologized to those residents who did not get the message. Vince said
there were summaries on the table that included the reason the applicant chose
to request to continue the case at this time. This information was included
in the packets each commissioner received. He said that the request tonight
is for the case to be continued to a date certain of August 31, 2005. The original
application included mixed uses, which means there was more than one use proposed
on the property but the latest version of the official development plan that
came in for review by the commission, and eventually City Council, was only
for apartments. Staff always continues to work with applicants in all phases
of the development process and found that this latest development plan did not
include a mixed use, which is expected by the Alameda Cornerstone Plan along
with the Lakewood Comprehensive Plan. The applicant requested a continuance
of this case so they could submit a new version of their plan that would include
more than one use on the property. Staff does not have a Staff Report on the
case tonight but we will have one on August 31, 2005. Continuing the application
also gives the applicant an opportunity to go back to the neighborhood and have
another neighborhood community meeting which will allow them to receive input
on the revised submittal of the application and provide a final document back
to Staff that can be evaluated with the Alameda Cornerstone Plan and the Lakewood
Comprehensive Plan and Staff can submit a recommendation to Planning Commission.
These things take time and Vince apologized on behalf of the City of Lakewood
and the Planning Staff again for this information not getting out to those residents
here tonight. Staff requested this case be heard first so those who did want
to leave now can leave. Staff does not have a date for the neighborhood meeting
at this time but will go through the notification requirements for the new neighborhood
meeting and official notification letters will be going out to the property
owners and the neighborhood representatives. On behalf of Staff, Vince requested
that this case be continued to the date certain of August 31, 2005. This will
be the only item to be heard as a public hearing item on the agenda for the
fifth week in August, August 31, 2005.
COMMISSIONER PLOTKIN asked if the citizen's who came out tonight, specifically, could be separately notified of the neighborhood meeting?
VINCE HARRIS said yes we would notify these citizens's separately.
COMMISSIONER MALM moved that, in accordance with the mutual request of the developer and Planning Department Staff, rezoning application RZ-04-009 be continued to a date certain of August 31, 2005 at our normal hearing time of 7:00 P.M.
COMMISSIONER URBANOWSKI seconded the motion.
The motion was 7-0 for the case to continue to the date certain of August 31, 2005.
CASE SU-05-002:
COMMISSIONER MALM wanted it put on the record that she has known the applicant
since he was born but she has no financial interest in this case and her friendship
would not influence her decision on way or the other. Barring any objection
from the rest of the commission, she is prepared to hear the case. The commissioners
had no objection.
ANDREW HANSEN of 1590 Miller Street, Lakewood, Colorado 80215, the applicant, is asking for a Special Use Permit for his business, The Den Doggie Day Care, and for an exception of a 20- foot setback on the south side of the property because there is a significant buffer to any residential dwellings and the south side of the property backs up to a flood plain so there wouldn't be any building going on there in the future. The Den hours are 6:30 A.M. to 6:00 P.M. They're hoping to accommodate 40-50 dogs total per day. They expect 12-15 animals outside at any one time. He wants to keep the employees at 3-4 on any given day. A solid fence would surround the outdoor area. The Den has a license required by the State Veterinary Office. Waste disposal and things like that are all taken care of properly.
AMY ARNOLD, PLANNER I, is the case manager for this project and gave the Staff Report. She entered into the record the Staff Report, testimony and slides presented this evening. Staff recommends the Planning Commission approve this case subject to: 1) Administrative Approval of the Article 15 site plan. 2) The Special Use Permit be limited to an animal day care facility with outdoor uses as described in Section 17:6-4-2 of the Lakewood Zoning Ordinance. 3) An additional condition not mentioned in the Staff Report is the granting of an exception for a 20-foot rear setback. This is a requirement related to animal day care with outdoor facilities through the submittal of a written request per Section 17:6-4-5D.
COMMISSIONER PLOTKIN asked the applicant what is currently done to get the dogs outside? And then is it fair to say the impact will be minimal except for the fence and the dogs will be able to be outside a little longer?
ANDREW HANSEN said first the owners sign a release for the dogs to be taken outside the facility on a leash. Then a staff person walks the dogs to the back where there is an area where the dogs can relieve themselves, it is picked up and the dog is brought back inside. Yes, the impact should be minimal.
COMMISSIONER PLOTKIN also wondered who owns the strip of land to the south of the property in question? Was that property owner notified of this case?
ANDREW HANSEN said he believes it is the property owner who has horses on the other side.
AMY ARNOLD said that the property owner was notified.
COMMISSION BROWN asked what the fence would be like?
ANDREW HANSEN said the fence would be a six-foot solid wood fence in the back of the property. On the east side they will build a wooden fence that is shorter and 50% open.
COMMISSIONER URBANOWSKI said, as he reads the plan, it appears the asphalt will be removed and replaced with ground cover, mulch, some pea stone and landscaping on the east side. Is that correct?
ANDREW HANSEN said yes, inside the six-foot fence there is a fence that will meet the setback requirements with the landscaping between the two fences. That fence will keep the dogs from going inside the 20-foot setback.
COMMISSIONER URBANOWSKI asked if the size is appropriate for the number of dogs?
AMY ARNOLD said the ordinance states the applicant must provide 300 sq. ft. for every twelve animals and the applicant is proposing over 1330 sq. ft. of pea stone alone.
COMMISSIONER SIMMONS asked the applicant if he has had any complaints.
ANDREW HANSEN said they have had no complaints at all.
COMMISSIONER SIMMONS said it is her understanding that the new area will be primarily pea gravel. Is that correct? How would you clean up behind the dogs?
ANDREW HANSEN answered saying the pea gravel will make it easier to pick up after the dogs somewhat like litter. Rain will take care of the rest. Andrew said they do not want to have any problems. He chose pea gravel because it would be easy to clean and hose down. The solid waste will be picked up by shovels and put into trash containers with lids.
COMMISSIONER SIMMONS asked if there was a concern about contaminants flowing downstream into the gulch and are there any plans to monitor that?
ANNE HEINE, LEAD DEVELOPMENT REVIEW ENGINEER, said Staff doesn't think there will be an issue with water quality in the gulch because the main stream of the gulch is far enough away that there should be enough biological uptake with vegetation between the area the animals will be in and the main stream of the gulch. Anne said there are no plans to monitor the gulch at this time other than the annual monitoring program that is already in place.
COMMISSIONER URBANOWSKI asked what the procedure would be if excessive noise complaints or general complaints occurred?
AMY ARNOLD said the Community Planning & Development Director would issue a notice of violation. The applicant would then have fourteen days to comply and if he did not comply there would be a Planning Commission hearing to take away the Special Use Permit.
COMMISSIONER PLOTKIN moved to have case SU 05-002 granted a Special Use Permit subject to the conditions set forth in the original staff report adding the exception for the 20-foot set back be granted for the reasons set forth today and because there is a significant buffer between the south edge of the property and any other uses.
COMMISSIONER URBANOWSKI seconded the motion.
Vote was 7-0 in favor of the motion.
ITEM 3: APPROVAL OF MINUTES
Minutes from February 16, 2005 were approved 3-0.
ITEM 4: GENERAL BUSINESS
COMMISSIONER PLOTKIN wanted to welcome the new commissioners and
COMMISSIONER MALM concurred.
BARBARA BARRY, P.O. Box 568, Golden, Colorado 80402, wanted to welcome the new
commissioners as well. She is Vice President of the Apple Valley Homeowners
Association.
COMMISSIONER MARINO said the commission is very interested in inter-jurisdictional cooperation.
COMMISSIONER PLOTKIN spoke regarding a request from the commissioners to find out, if possible, what cases they might have coming before them as soon as possible.
VINCE HARRIS said Staff would try to get the commissioners a list of projects we have in-house that eventually could come before the Planning Commission.
VINCE HARRIS said there is a Study Session scheduled for Planning Commission to present a power point presentation on Performance Based Standards to City Council on June 6, 2005 in the south building upstairs in the Cabinet Room at 7:00 P.M.
COMMISSIONER MARINO would like to have a discussion at the next Study Session on April 27, 2005, to explain to the new commissioners the Performance Based Standards and the process that has been evolving for the last five years and then review the power point presentation at a Study Session in May.
VINCE HARRIS said the Study Session should address two components: One is the explanation of where the Planning Commission is suggesting that the Performance Based Standards go. Vince suggested implementing the Standards with rezoning applications and Special Use applications at first. Eventually amending other uses with the ordinance. The second component is the process of how to implement the Standards. Planning Commission should suggest to City Council how to implement the process.
COMMISSIONER MARINO said he would like to have the commission commit to completing the Performance Based Standards by years end, working with City Council and Staff to get this completed by October 2005.
VINCE HARRIS said the commission has Staff's support.
COMMISSIONER URBANOWSKI suggested not sending around a large sized power point presentation, as it will be too large to open on most computers.
VINCE HARRIS said the Study Session will be held in the Development Assistance Team (DAT) Conference Room next Wednesday, April 27, 2005, at 7:30 P.M. after the meeting on bridges.
COMMISSIONER MARINO said the Alameda Gateway Association has granted the Planning Commission space in their quarterly circular. Chairman Marino will create a piece on Performance Based Standards, updating ordinances, etc. Each of the commissioners has been added to the mailing list for the Alameda Gateway Association circular.
COMMISSIONER MALM said this is a wonderful publication with design work from
the College of Art and Design.
VINCE HARRIS reminded the commissioners that the next public hearing would be
May 4, 2005.
There being no more general business to be discussed the meeting was adjourned at 8:10 p.m.
ADJOURNMENT
Date approved
Vicki Kaufman, Secretary to Planning Commission
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