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August 3, 2005
COMMISSIONERS PRESENT
Bill Marino, Chair
Bunny Malm
Rich Urbanowski
John Plotkin
Tracy Simmons
Michael Rohr
George Brown III
STAFF PRESENT
Rebecca Clark, Interim Director of Community Planning & Development
Vince Harris, Planning Manager
Roger Wadnal, Economic Planning Manager
Paul Rice, Senior Planner
Amy DeKnikker, Planner
Holly Boehm, Planner III
Anne Heine, Lead Development Review Engineer
Ken Hargrave, Civil Engineer III
John Padon, Traffic Engineer Technician
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INDEX
ITEM 1: RZ-05-002: Page 1 Request of David Larson to rezone a parcel of land
from the City of Lakewood zone designation 1-C* (Convenience Commercial with
Conditions) to PD (Planned Development) in order to develop three (3) multi-family
structures (12 units total) on the property.
ITEM 2: Morse Park Neighborhood Plan: Page 3 Request to consider adoption of
the Morse Park Neighborhood Plan as an amendment to the Lakewood Comprehensive
Plan. The Morse Park neighborhood is bounded by Wadsworth Boulevard and Kipling
Street, and Colfax Avenue to 26th Avenue.
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Following are the minutes of the August 3, 2005, City of Lakewood Planning Commission
Public Hearing. A permanent set of the approved minutes is retained in the City
Clerk's Office and a tape recording of this meeting is retained in the Community
Planning and Development Department.
The roll having been called, a quorum was declared. The Chairman gave information on public hearing protocol, speakers were sworn in and the following business was conducted:
CASE RZ-05-002:
DAVID LARSON, the applicant, who resides at 4983 West Iris Street, Littleton,
CO 80123, said he feels this project would enhance the neighborhood and then
showed pictures saying they are not exact renderings but conceptual.
AMY DEKNIKKER, PLANNER I, and project manager for this case wanted the record to state that the applicant has met qualifications of the Lakewood Zoning Ordinance and the Lakewood Comprehensive Plan and has signed a Public Improvement Agreement and added into the record the Lakewood Comprehensive Plan. Staff supports the development. It is consistent with the Comprehensive Plan and other requirements of the City. Staff requests the Planning Commission recommend City Council approve the rezoning.
COMMISSIONER BROWN asked if there would be a play structure as seen on the site plan?
DAVE LARSON said he would be glad to put one in. He is concerned with safety and rethought the idea but if that's what Planning Commission asked of him, then he will put one in.
COMMISSIONER PLOTKIN said he wanted to know if Staff would review the Site Plan after this meeting, to which Amy DeKnikker said yes.
COMMISSIONER MALM asked about the play area and a Homeowners Association. Would liability fall to the owner or the HOA (Homeowners Association)? She is very much in agreement with just keeping a green space and not putting in a play structure
DAVE LARSON said he would as the owner; maintain the play structure but liability for injuries would fall to the HOA or the homeowner.
COMMISSIONER URBANOWSKI asked about the fact that there was only one person at the Neighborhood Meeting held August 3, 2005. Were there others who disagreed?
AMY DEKNIKKER said only the one person did show up at the meeting but proper notification was done as stated in the Staff Report. She received two phone calls after the meeting.
COMMISSIONER SIMMONS asked about what type of landscaping is along Hampden and said she agrees with no play structure.
DAVE LARSON explained what landscaping is shown on the site plan. He was concerned about drought tolerant plants and to be considerate of the area so children would be safe. He wants it to be a kid friendly as possible.
COMMISSIONER ROHR had a concern about the water quality pond. Is there any kind of fencing to go around the pond? What size is the pipe that the water runs down into?
DAVE LARSON said the water quality pond is not (figuratively) a bowl that you would see but the actual land would be flat with pea gravel and mulch on top. You can actually stand on it. It is a natural filtration. The pipe determines what size the pond is.
COMMISSIONER ROHR had a concern about visitor parking. Where will visitors park?
DAVE LARSON said the parking conforms to the City requirements.
AMY DEKNIKKER gave the requirements and reassured commissioners that the project did meet parking requirements.
COMMISSIONER PLOTKIN moved that Planning Commission recommend adoption of Case Number RZ-05-002.
COMMISSIONER MALM seconded the motion
Motion passed by a vote of 7-0.
ITEM 2: MORRIS PARK NEIGHBORHOOD PLAN
HOLLY BOEHM, PLANNER III, gave the Staff Report entering into the record the
case file, the Staff Report and associated materials for the Morse Park Neighborhood
Plan.
DAVID HARRIS of 7944 West 17th Avenue, Lakewood, Colorado, 80214, is concerned about what assistance will there be to allow neighbors to mitigate for traffic that tends to drive through their neighborhood now that the Wal Mart project is there. David said it isn't just Wal Mart but other developments in the area that are there or will be coming in.
HOLLY BOEHM suggested David Harris speak with Alan Albers with the City Traffic Division regarding traffic mitigation because Alan could advise him about traffic issues. Holly added the City Traffic Division has done traffic studies that indicate no change in traffic on Teller Street just to the east of Wadsworth Boulevard.
CHAIRMAN MARINO requested Holly to ask Alan Albers to call David Harris.
HOLLY BOEHM pointed out that another reason to create an HOA is to get information on future developments and be able to be involved with the process of developments coming into a neighborhood.
DAVID HARRIS wanted to clarify that where he lives is west of Wadsworth Boulevard. Teller Street is on the east side of Wadsworth. His concern is west of Colfax whatever the project.
SUSAN WILLIAMS, 1620 Yukon Street, Lakewood, Colorado 80214, said she wanted
to confirm Mr. Harris' concern, as the traffic problems are getting dangerous.
She objects to the wording that specifically refers to the Action Steps in the
Morse Park Neighborhood Plan that says the neighborhood needs to support the
Lakewood Reinvestment Authority and the West Colfax Corridor Committee recommendations
in their efforts to improve and enhance Colfax Avenue and support and encourage
the North Wadsworth Strategic Plan, the North Kipling Strategic Plan, and the
West Colfax Revitalization Plan.
HOLLY BOEHM said the boundaries encroach minimally into the neighborhood but
address many of the concerns the residents had such as improvements to commercial
businesses.
SUSAN WILLIAMS said she feels the Goals and Action Steps that are basically
commercially oriented plans are not really appropriate for their primarily residential
neighborhood. She can foresee an instance where, for example, West Colfax Revitalization
Plan called for some encroachment into the Morse Park Neighborhood and maybe
the majority of neighbors wouldn't want to support or encourage that encroachment
but would be told it was a part of the neighborhood plan. She thinks the majority
of neighbor's don't even know about these three commercial plans and would not
want to write a blank check in support of these plans. She feels it could be
worked out on a case-by-case basis between the two neighborhoods. Susan also
mentioned that it says in the Draft Vision Statement "buffering residential
areas from the commercial and other high intensity land uses".
COMMISSIONER PLOTKIN asked how the action steps were added into the neighborhood
plan?
HOLLY BOEHM said the Goals and Action Steps were discussed at one of the last neighborhood meetings and were available at the Open Houses that were held as well as being discussed in the Morse Park newsletter in December 2004 and she has never heard any comments about this issue until now. Holly went on to explain that one of the main reasons the Action Steps, as they relate to the Colfax Plan, were added in to the neighborhood plan was that it was mentioned in the surveys sent out and through the neighborhood meetings that many residents were concerned about the condition of corridors such as Colfax Avenue.
ROGER WADNAL, MANAGER OF ECONOMIC PLANNING, wanted to clarify that the Plans being referenced are adopted as Comprehensive Plans on their own and are only recognized in this document. Roger also said because there is such an inter-relationship between the neighborhood and the corridors the City is trying to encourage as much interaction between the two groups as possible.
MATT GIRARD, PRESIDENT OF THE MORSE PARK NEIGHBORHOOD ORGANIZATION, who lives at 2261 Estes Street, Lakewood, Colorado 80215, spoke next. He wanted to thank Holly Boehm for her hard work and efforts that spurred creation of a new neighborhood organization that became "official" in April 2005 and includes 3,000 residences and businesses. The Morse Park Neighborhood Organization has Bi-laws that include a Mission Statement that is much the same as The Neighborhood Plan's Vision Statement. The Morse Park Neighborhood Organization Board generally supports this neighborhood plan. He wanted other neighbors to remember that the organization is another avenue to go through. He has reviewed the other plans and feels they are generic enough that the Morse Park Neighborhood will be able to work with them without having to just agree with anything brought forward. He said the organization's Board generally supports the plan but he is also in support of residents speaking tonight.
ELIZABETH ERMARTH of 1770 Glendale Drive, Lakewood, Colorado 80215, she said she is panicked because she has been involved with other neighborhood associations. She was confusing the neighborhood association and a homeowners association.
TED COOPER of 2310 Estes Street, Lakewood, Colorado 80215, said he is interested in whether or not this is evolving into a homeowners association where they dictate how you landscape your home, etc.
HOLLY BOEHM said that is not the intent of a neighborhood organization. Generally those requirements are in a covenant and are attached to your home when purchased. The City encourages the neighbors to create a neighborhood organization because it keeps communication open between the City and the neighborhood. Neighborhood Organizations are notified when a rezoning or Special Use Permit application comes into the City and is within 1,000 feet of the neighborhood boundary. The neighborhood can then become involved and meet with the developer or the applicant.
COMMISSIONER ROHR asked Matt Girard if he has been invited to the Colfax Meetings,
etc. as President of the Morse Park Neighborhood Organization?
MATT GIRARD said he has been notified informally and has attended a West Colfax Business Association meeting. His organization has only been around since April 2005 and so he hasn't had much opportunity to be involved.
COMMISSIONER ROHR wondered if other groups, specifically the West Colfax Advisory Committee would be required to notify Mr. Girard?
HOLLY BOEHM said yes. The West Colfax Advisory Group was put in place about a year ago by the Mayor prior to the Morse Park Neighborhood Plan and Organization coming forward and being created.
COMMISSIONER SIMMONS said this is her neighborhood and she is glad to see this
plan coming before the commission tonight. She feels the neighborhood plan is
a good one.
COMMISSIONER URBANOWSKI said he wanted to clarify the neighborhood plan. It
entitles residents to information from the City on an official basis but it
is not the same as a covenant driven, controlling type of association. Also,
with regard to the question about traffic by Mr. Harris, Planning Commission
is not the appropriate place to bring up traffic issues. It is something you
can bring up with the Traffic Division, Planning, City Council, but the Planning
Commission looks at traffic issues only on new plans coming before them. He
also pointed out that the neighborhood plan draft mentions a goal of trying
to work through traffic issues. He said he gives pause to the fact that there
is opposition when he thought the plan was put together by the neighborhood.
Is this a neighborhood plan put together by the neighborhood?
Is it normally expected and common for opposition?
HOLLY BOEHM said the City is bringing forward the neighborhood plan on behalf of the neighborhood but not necessarily the neighborhood organization. The neighborhood plans that have been created since 1995 have had good neighborhood support.
COMMISSIONER URBANOWSKI asked if this is a City plan, a neighborhood plan, or a combination plan?
HOLLY BOEHM said this is a neighborhood plan. The Morse Park Neighborhood Plan is a neighborhood plan and all the Action Step does is just mention that these already adopted corridor plans are a way to implement things the neighborhood said they wanted such as repairs and improvements to Wadsworth and Colfax.
COMMISSIONER MALM said she would like to clarify that the Planning Commission does not form the neighborhood association nor does it adopt the neighborhood association. The Commission is concerned with the plan that is presented here tonight. The neighborhood association and the work done by City Staff in conjunction with the residents of the neighborhood to produce the neighborhood plan are two totally separate things. The Commission is not forming, endorsing, or making any comment whatsoever about the neighborhood association by any action taken tonight. When the Planning Commission makes a decision tonight it will be to recommend adoption of the Morse Park Neighborhood Plan by the residents of the neighborhood with the help and assistance of City staff. That is the sole purpose of the meeting and the sole purpose of our action taken tonight. She feels it is a good plan.
COMMISSIONER PLOTKIN said he lives in the area as well and understands the fear of having big businesses run over the residents. He sees this plan as giving the neighbors an opportunity to prevent the traffic from flowing through on a case-by-case basis. Whether or not the neighborhood has the right people in positions to speak for them is up to the neighborhood. Be sure to send the people you want to represent your interest to the meetings and be active.
COMMISSIONER BROWN said on Pages 11 and 12 the plan speaks about traffic issues. Secondly, this appears to be a living document. Can it be revised and how is that done?
HOLLY BOEHM said they do revisit the neighborhood plans by surveys and open houses.
COMMISSIONER BROWN asked if any resident could request to revisit the plan?
ROGER WADNAL said they try to work with the neighborhood organizations and Staff tries to attend as many meetings of the organization as possible. Planning Commission is the keeper of all neighborhood plans and all amendments; any changes would come through them. It certainly is possible if the organization feels the wording needs to be changed.
COMMISSIONER MARINO said there was some concern about other plans that were referenced tonight. Is it correct that these other neighborhood plans have been adopted, are already in effect and are part of the Comprehensive Plan? So those plans are already in force and subject to our review and interpretation as part of land use rulings so their reference in the Morse Park Neighborhood Plan is tangential at best.
HOLLY BOEHM affirmed both questions Commissioner Marino posed.
COMMISSIONER MARINO asked if this neighborhood plan's genesis preceded the formation of this neighborhood organization? Once the neighborhood plan was in the process of forming, how did Staff meld this neighborhood plan process with the neighborhood organization?
HOLLY BOEHM said the neighborhood itself got together and hand delivered fliers
to all the residents in the Morse Park neighborhood to inform them of a meeting
to form a neighborhood organization. The neighborhood plan was in the process
of forming when the neighborhood itself, 60-70 residents of Morse Park, came
to a meeting to develop the neighborhood organization.
City Staff needs contact people in the neighborhood to look at the plan, make
sure it can be implemented, is strong and can be maintained. The City Staff
encourages these neighborhood organizations but it actually is the neighborhood
itself that takes on the task of having board meetings, annual meetings and
sets the agendas.
COMMISSIONER MARINO asked if they had been working on this plan for a year
or more?
And if so, then near the end of the process is when the neighborhood organization
formed?
HOLLY BOEHM said yes, they had been working on the plan for about a year and
a half. The neighborhood organization had its first meeting in April 2005, which
was held on its own -as a neighborhood - but strongly encouraged by the City.
Holly did attend and took copies of the plan and the Goals and Action Steps
to the meeting, as the plan was not complete at that time.
COMMISSIONER MARINO asked if the organization approved the plan in the April
2005 meeting?
HOLLY BOEHM said it was not discussed or brought up at that meeting. She was not the one holding the meeting and had no say over what was discussed. Holly asked Matt to respond.
MATT GIRARD said Holly did attend the formation meeting and their first couple of Board meetings but she did not formally ask the organization for approval. Holly did ask for their comments they might have on the plan. The organization took it upon themselves to adopt the plans Vision Statement. However, because the organization represents 3,000 plus households and businesses they were reluctant to approve the plan on behalf of everyone.
COMMISSIONER MARINO asked if the Board would approve of this plan?
MATT GIRDARD said the Board generally approves of the plan.
COMMISSIONER MARINO asked again if the organization approved of the plan? And as President of the Morse Park Organization does Matt Girard personally approve of the plan.
MATT GIRARD said he personally approves of the plan and the Board approves of the plan.
COMMISSIONER MARINO said the neighborhood plan would become part of the Comprehensive Plan and therefore a part of land use policy for the Planning Commissioners interpretation when evaluating land use projects. With the formation of the Morse Park Organization the residents will have an entity to contact during times of change and the neighborhood will have a voice at the table. Having a neighborhood plan is a strong positive for any neighborhood. It integrates you with a voice in processes of the City.
COMMISSIONER PLOTKIN said he notes a degree of skepticism. He said his personal observation is that the neighborhood organization should have been formed earlier. He explained to the residents that with the neighborhood organization they will now have a voice when future developments come in.
COMMISSIONER MALM said having been part of the commission that reviewed this plan from its draft form and its inception, and taking into consideration the comments and statements received from the audience tonight. Taking into consideration Staff's comments regarding formation of the plan and comments from the commission, Commissioner Malm moved to adopt the Morse Park Neighborhood Plan as an amendment to the Comprehensive Plan
COMMISSIONER URBANOWSKI seconded the motion.
COMMISSIONER MARINO said generally what the commissioners heard tonight was some concern whether or not this plan would address some of the issues of the neighborhood. Commissioner Marino feels the commissioners have demonstrated tonight, with respect to traffic, that this plan is a beginning to address these issues. He asked Staff to be sure the gentleman concerned about traffic gets a phone call from the City Traffic Engineering Division. He asked for people to get involved, participate in the neighborhood organization. In his opinion this is a fine example of a neighborhood plan.
Motion passed 7-0
ITEM 3: APPROVAL OF MINUTES
Minutes from the Planning Commission Public Hearings of April 20, 2005 and May
4, 2005 were approved by a vote of 7 aye and 0 nay.
ITEM 4: GENERAL BUSINESS
COMMISSIONER MARINO said the commissioners have been talking about procedures
and would like to have applicants limited to 45 minutes and Staff to limit their
comments to 15-20 minutes. What do we have to do to set these limits?
PAUL RICE said they do have options. One is to amend the By-Laws and include that in the procedural section. Or the commission can do this on a case-by-case basis.
COMMISSIONER URBANOWSKI asked if the three-minute requirement for citizens is written into the By-Laws. If not, then he thought the requirement for the applicant and Staff should not be in the By-Laws.
COMMISSIONER PLOTKIN said "Due process" does not mean they get unlimited time to speak. It just means they get an opportunity to speak. If citizens aren't allowed to speak for hours while the applicant and Staff speak, it gives the appearance of lining up against the community. Citizen's feel as if they aren't being heard. They are being heard but it's what is being perceived. With that in mind, Staff needs to make the applicant aware that whether it's a good project or not, citizens are going to go away feeling really miffed if they think they have not been heard.
COMMISSIONER MARINO asked Staff to let applicants know this is the way they prefer to have the meeting conducted.
COMMISSIONER SIMMONS echoed Commissioner Marino's comments about Staff letting the applicant know prior to showing up that there will only be 45 minutes. We don't want to blind-side the applicant.
PAUL RICE said Staff does generally try to let applicants know to keep their presentation short, especially on some of the larger projects.
COMMISSIONER BROWN asked if the citizen's are aware they only have three minutes and shouldn't be redundant, giving them the same courtesy that we extend to the applicant?
PAUL RICE said only if they have been to a meeting previously. If it's the first time then no. If the planners are contacted by someone who says they are interested in attending the meeting, the planner will let them know how the hearing functions.
COMMISSIONER PLOTKIN felt Commissioner Brown made a good point in saying citizen's have a right to know about how long they will be allowed to speak. He went on to say part of the commission's function is to educate the public about what the process is and what's involved. Even a one-page sheet explaining what is involved that could be handed out at the neighborhood meetings would be helpful. Otherwise the citizen's come in not knowing what to expect and then are told they only have three minutes to speak and they shouldn't repeat information already given.
COMMISSIONER MARINO said citizen's need to know that the leaders of the neighborhoods are given up to ten minutes and they should know that also. He asked Paul Rice to implement this.
COMMISSIONER MARINO also said he got a call from Dick Plastino, Director of
Public Works, with concerns after he read the Performance Based Standards. He
will have these comments available before the August 31, 2005 meeting.
Commissioner Marino also asked if at one of the Study Sessions in the future,
how would the commissioners like to communicate the Performance Based Standards.
ROGER WADNAL said Staff training and an informational brochure were discussed in the past as ways to communicate the standards.
PAUL RICE mentioned the APA Conference in Fort Collins September 21st-24th.
COMMISSIONER MARINO requested those who are interested in going to send him an email by the deadline for early registration, September 9th.
ADJOURNMENT:
The Planning Commission Public Hearing adjourned at 8:40 P.M.
Date approved
Vicki Kaufman, Secretary to Planning Commission
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