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December 7, 2005
COMMISSIONERS PRESENT
Bill Marino Chair
Bunny Malm
Rich Urbanowski
John Plotkin
George Brown III
Michael Rohr
STAFF PRESENT
Becky Clark, Community Planning & Development Department Director, LRA Director
Paul Rice, Senior Planner
Kate Cooke, Senior Planner
Erica Adshead, Redevelopment Specialist
Allen Albers, Principle Traffic Engineer
Vicki Kaufman, Planning Commission Secretary
Following are the minutes of the December 7, 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.
INDEX
ITEM 1: Case PL-05-003 Request to consider an Amendment to the Lakewood Comprehensive
Plan for the adoption of the West Colfax Avenue Action Plan, PL-05-003, relating
to the commercial properties along West Colfax Avenue between Sheridan Boulevard
and Indiana Street.
ITEM 2: Case PL-05-004 Request to consider conformance of the West Colfax Reinvestment
Area and Plan with the Lakewood Comprehensive Plan.
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The roll having been called, a quorum was declared. The Chairman gave information
on public hearings before Planning Commission. The following business was conducted:
The Chairman acknowledged Boy Scout Troop 342 who were here to earn their communications badge.
ITEM 1: CASE PL-05-003
KATE COOKE, Senior Planner, began by saying she wanted to enter into the record
the Lakewood Comprehensive Plan, the Lakewood Zoning Ordinance, the Staff report
and the Draft Action Plan. She then introduced the next speaker, MaryAnn Proctor.
MARYANN PROCTOR, 1263 West Colfax Avenue, Lakewood, Colorado, gave a brief presentation saying the Colfax Committee has met for the last eighteen months two to three times a month and they were educated on many issues. The Committee developed guiding principles, identified action steps, developed a decision statement, and had one photo exercise, two design charettes, and two open houses. Colfax has many challenges such as it's overall image, there are also vacant buildings, vacant lots, obsolete buildings, complex ownership, lack of infrastructure such as flood plains, parking, lack of sidewalks and lack of medians. Colfax is also a major highway. There is also a history and unique character to Colfax. It is a major bus route and light rail is being considered. Colfax is in the Overlay Zone and the State Enterprise Zone. This is the time to address issues. Key concepts for West Colfax Avenue are to make it a vibrant and unique and attractive place that has a mix of small and large businesses and a mix of housing opportunities. With housing, shopping and eating establishments you create a community. The committee would like Colfax to unite neighborhoods and to celebrate the historic and eclectic character of Lakewood. The committee would like to see Colfax balance the vehicular needs as well as pedestrian and transit users. Colfax is more than just a road, it is a place.
MaryAnn went on to say some of the guiding principles the committee created are: to achieve the vision, make it sparkle, make it vibrant, maximize transit, invest wisely, value history, and get the zoning mix right. To achieve these visions the committee needs to create partnerships with CDOT and RTD, with the Colfax Community Association, with the neighborhood organizations, business owners, and property owners, with the city, urban drainage. The committee would also use creative finance tools such as business improvement districts, special improvement districts, urban renewal, leveraging other financial funding sources. Colfax is a celebration of history and eclectic character of North Lakewood. The committee would like West Colfax to be a place to unite neighborhoods, provides a variety of vibrant businesses and provides a mixed use of housing opportunities for generations to come.
KATE COOKE said with this information in mind, Staff would recommend that Planning
Commission approve the findings listed on Pages 4-6 of the Staff Report and
recommend approval to City Council at the December 12, 2005 public hearing.
COMMISSIONER MARINO asked Kate to explain what exactly the commission is being
asked to vote on tonight.
KATE COOKE clarified by saying this plan would replace the 1993 West Colfax Avenue Revitalization Plan, which was the previous land use and revitalization plan for the corridor. When the committee was formed they were charged with updating the 1993 plan and developing a new vision for the corridor. The plan as outlined tonight is very consistent with the other corridor plans that the city has adopted over the last ten years.
COMMISSIONER MARINO said there were no indications of anyone wanting to speak and asked if anyone would like to speak. Public comment was closed on this case. Commissioner Marino went on to say there was a fairly detail Study Session on this and many of the commissioners worked on this project.
COMMISSIONER ROHR asked who determines historical status of a building or a site and how would that affect the redevelopment of the area?
KATE COOKE said that she is not knowledgeable about historic preservation but knows it is a multi-level process; it is her understanding that the buildings are not old enough to meet State Historical requirements. The city does have a Historical Preservation Ordinance and one of the members was on the West Colfax Committee. The goal of the committee is to protect the visual appearance of the history and work with property owners as they redevelop to keep that character not to restrict the redevelopment or reinvestment of properties but to work with the historic character.
COMMISSIONER MARINO said it is very laborious to get on the national historic registry and almost as difficult to get on the state registry. The city also has a process but among the goals of the committee is identifying other designations that would embrace cultural or societal icons of Colfax's eclectic nature.
COMMISSIONER MALM said she also sits on the Board of Directors of the City of Lakewood Historical Society and she would encourage Commissioner Rohr to acquaint himself with the way they protect the historical aspects of the city. The City Historical Society is working closely with the West Colfax Committee.
COMMISSIONER ROHR wondered who would provide the "architectural assistance" and who would pay for it?
KATE COOKE said the committee realized there would be questions such as this. Their thinking at this point is to work closely with the West Colfax Community Association to help create ways to finance projects. The WCCA is aware that there is more work to be done such as perhaps creating a business improvement district.
COMMISSIONER URBANOWSKI said in the Case of PL-05-003 he moved that the commission accept the findings in the Staff Report on pages 4-6 stating that the Colfax Action Plan is in compliance with the City's Comprehensive Plan. Amending the motion to add that the West Colfax Avenue Action Plan shall replace the 1993 West Colfax Avenue Revitalization Plan and that citizen's, property owners, business owners and others participated in the development of the plan by identifying concerns and goals, etc. and the Planning Commission is conducting the hearing on the Action Plan today. Notices were made to residents, business owners and property owners previously. Planning Commission has considered public testimony received, the Staff Report and recommendations.
COMMISSIONER MALM seconded the motion and the amendment.
Motion passed 6-0
ITEM 2: CASE PL-05-004
BECKY CLARK, Director of the Community Planning & Development Department
and the Director of the Lakewood Reinvestment Authority, requests that the commission
make a recommendation to the City Council on conformance of an Urban Renewal
Plan with the general plan of the municipality prior to adoption by City Council
of the Urban Renewal Plan and that Planning Commission adopt a resolution finding
that the West Colfax Avenue Corridor Reinvestment Plan is in conformance with
the Lakewood Comprehensive Plan, moving it to the City Council Public Hearing
on December 12, 2005.
Becky Clark went on to say the West Colfax Avenue Corridor Reinvestment Plan supports and is consistent with the goals of the Lakewood Comprehensive Plan goals in the following manner: As stated in the Comprehensive Plan and goals, the West Colfax Avenue Reinvestment Plan does meet the community image and identity goals, the residential goals, urban center goals, economic development goals, transportation goals, recreation goals and open space goals. There are individual policies under those goals that have also been met. The plan also is consistent with the Action Steps found in Urban Centers under two items; one concept is to guide development and provide incentives so that new development and redevelopment occurs in appropriate locations including major urban centers, employment communities and neighborhood centers and residential areas. This plan is also consistent with the key concept of encouraging and providing high quality infill and key redevelopment projects specifically identifying and mapping infill opportunities. This plan is consistent with the following neighborhood plans: The Eiber Plan, the Mulholm Plan, the Edgewood Plan, the Morris Park Plan, and further it is in conformance and is consistent with the West Colfax Avenue Action Plan specifically calling for the exploration of urban renewal as an implement tool for the achieving the plans vision and including the Lakewood Reinvestment Authority among key strategic partners implementing the plan. Therefore, Staff is requesting the Planning Commission adopt a resolution finding the West Colfax Avenue Reinvestment Plan in conformance with the Lakewood Comprehensive Plan.
The Mayor's West Colfax Corridor Advisory Committee was developed to take a look at the West Colfax Avenue Action Plan. One action item was to explore reinvestment possibilities and using urban renewal as an implementation tool therefore Council directed the Lakewood Reinvestment Authority to undertake a Colfax Reinvestment Conditions Survey in August 2005. That is a necessary step to finding blight so that the authority can move forward to a plan and mapping of that area. The survey was done by the Matrix Design Group. Ten of the eleven blight factors required through Colorado Urban Renewal Law were found in the West Colfax area. Also to identify properties found in the plan that runs from Sheridan Boulevard west to Simms Street. Originally the condition survey included more properties than what are shown now in the reinvestment plan. The properties initially surveyed to find blight were 1300 parcels; 519 commercial parcels, 103 multi-family, 500 single family and/or duplex and 68 of the residential properties are owner occupied. The map now consists of 645 parcels, 402 commercial properties, 31 are multi-family, 89 are single family and/or duplex with 7 residential properties. LRA and Council thought it wise to have a citizen's Task Force consisting of 16 business owners, residents and neighborhood representatives that reviewed the conditions survey and the results and to provide recommendations to the commission and City Council. There were nine working meetings with the Task Force starting in August 2005 with their last meeting in November 2005. Open houses were held on October 27, 2005 to go through the conditions survey and the findings and November 17, 2005 to bring forward the Urban Renewal Plan and Area. The 16 Task Force members consisted of Lakewood residents and/or property owners, Lakewood businesses or non-profit organizations; one person was the Chair of the Lowry Redevelopment Authority. Becky then introduced the following speakers:
DAVID ABBINK, Deputy Chief of the West Metro Fire Protection District, thanked the City of Lakewood and the Lakewood Reinvestment Authority for inviting the fire district to sit on the Task Force. The fire district also wanted to thank the Task Force for their support in putting together the language found in the plan. The district lawyers and the reinvestment authority lawyer have both been working on an agreement to protect the revenue of the fire district.
FRAN YEHLE, 1235 Everett Court, Lakewood, Colorado, said, "Why should
urban renewal be considered for West Colfax?" The Citizen's Task Force
felt urban renewal would support the West Colfax Action Steps as well as neighborhood
plans and it furthers the goals of all of these plans in the areas of safety,
aesthetics and added vitality for the business community. In addition reinvestment
designation could generate finances to support features by the light rail stations
that are supported by the community. With the use of reinvestment, some of the
problems that have plagued the area in the past can be resolved such as vagrancy,
environmental contamination, graffiti, gang activity, flood hazards, sub-standard
apartments, outdated retail and economic decline. The reinvestment done in Lakewood
has added better safety, sidewalks, greenways and open space, new retail, mixed
use, unique architecture, traffic controls and more housing choices. Reinvestment
using tax increment and property and sales tax increment can be used for reinvestment
projects. Designating an area sets the tax increment base level. This amount
of the tax revenue continues to be allocated in the same manor as before area
designation. Reinvestment does not create new taxes. As property values and
retail sales increase the tax revenue increases. The net new revenue above the
base level, called "increment" can be used to pay for reinvestment
projects and activities in the area. If collected by the LRA, and only if it
is needed for a project, only the portion of the increment that is needed is
collected. Any additional increment goes to the normal taxing authorities including
the city. City Council makes the determination about authorizing LRA to use
the increment for a project. The Task Force drew up a list of objectives for
a reinvestment designated area including:
1. Encourage and Support the voluntary rehabilitation of buildings and sites
within the West Colfax corridor.
2. Retain, stabilize and encourage the expansion of current businesses within
this area.
3. Support and encourage the development or redevelopment of small businesses
and locally owned businesses.
4. To prevent the decline of property values and quality of life in the neighborhoods
that surrounds the reinvestment area. And develop quality projects that are
compatible with and compliment the surrounding neighborhoods.
5. Address and correct infrastructure and flood plain issues within the reinvestment
area. Flood concerns are one of the most important reasons for having a reinvestment
area along West Colfax. Correcting this problem costs a lot of money but can
be done with reinvestment funding.
6. Improve the quality, look and function of the reinvestment area by incorporating
superior design standards that include public areas, public amenities such as
gathering places and mini parks, safe and attractive pedestrian connections
and landscaped medians.
7. Create identifiable destinations such as enhanced retail, entertainment,
cultural and intellectual facilities that will attract shoppers, tourist, students,
local residents and people from throughout the metro area. In other words make
Colfax a "draw".
8. Encourage and support mixed development and housing opportunities for people
of various income levels.
9. Build upon and emphasize the unique character of the area.
10. Provide identity and beauty to West Colfax Avenue and the reinvestment area
by providing artwork, sculptures, landscape, green space, and pedestrian enhancements.
11. Address the parking needs of businesses, residences, and customers by organizing
land uses and providing safe and attractive parking areas.
12. Meet the goals and objectives of the Lakewood Comprehensive Plan and the
West Colfax Avenue Action Plan and all the other adopted plans and guidelines
that have influence within the reinvestment area.
Doug Stiverson, is on the Colfax Advisory Commission and on the Urban Renewal
Task Force. He is a Board member of the West Colfax Community Association. He
owns property and a business on West Colfax. One of the issues the Task Force
looked at was eminent domain and how it could be properly handled and administered.
The Task Force came up with the following:
a. The City Council must consider whether to authorize eminent domain on a case-by-case
basis for each property within a redevelopment project. In order to consider
the use of eminent domain for a project, the council must make a finding that
the redevelopment project is essential to meeting the goals of the reinvestment
plan and that the project cannot be accomplished without the use of eminent
domain.
b. In determining whether or not to allow eminent domain, the council should
take into account: 1) The use of eminent domain should not be restricted if
the owner is a willing seller who wants the LRA to use eminent domain for any
reason. Where there are multiple owners, "owner" means those controlling
the majority interest. (There are tax advantages to eminent domain.) 2) Eminent
domain should not be used to replace private market forces for attracting reinvestment
that supports the goals of the West Colfax Avenue Action Plan. Let the free
market work. 3) Task Force eminent domain recommendations include not using
it on property where historic designation is being pursued, a residential property
that is owner occupied, a property where the business is owned and operated
locally within the Denver metro area and is in repair, a property that has recently
been repaired or remodeled and is in good repair, a property whose overall design
meets the design standards in the Colfax Overlay Zone and is in good repair.
The Task Force wanted existing businesses to feel they could locate to the West
Colfax corridor and be secure that they could invest and grow their businesses.
There are standards that are easily available that speak about "Good repair".
4) Even where a property falls under the categories in Section 3, eminent domain
may be appropriate on a property where it is necessary to prevent, correct,
eliminate the spread of conditions such as flood plain, public infrastructure
deficiencies, or environmental contamination. If only a portion of the property
is needed in order to accomplish the project, then eminent domain shall be used
only on the portion that is needed and only where it is authorized. Doug Stiverson
believes the Task Force and the LRA Staff have drafted a workable and equitable
balance that will help promote much needed help to the West Colfax corridor
and provide essential assistance to the property owners within the urban renewal
area.
MATT GIRARD, 2261 Estes Street, Lakewood, Colorado, 80215, is speaking for himself tonight and not as the President of newly formed Morris Park Neighborhood Organization. Colfax has a lot of good businesses and has made some high quality improvements. There are also residential neighborhoods very close - or even within the urban renewal area. There has been an influx of crime and drugs in this area. Quality redevelopments and improving current businesses along with general issues such as drainage and sidewalks will help with the problems. He hopes the LRA will address these concerns and that is why he is supporting the general concept. He is concerned about how fast the project has moved forward. There have been notices sent out and open houses but it has only been about six weeks from the Blight Study to the time it goes to council. He would like to have many more public meetings and open houses. He is also concerned about the city getting into the real estate business and holding properties for a long period of time, as it simply is not appropriate for the city. There should be an eighteen-month maximum time limit for properties that the city chooses to control.
SUSAN WILLIAMS, 1620 Yukon Street, Lakewood, Colorado, 80214, said she takes issue with the results of the Conditions Survey because Colfax parcels in the flood plain have been added because of topography. This is not a blight condition. Also she does not accept that 35 properties have been listed as blighted because they have registered their underground storage tanks per federal law. There are only fourteen properties that have open cases on West Colfax. Value and property taxes are up. This is not a blighted area. Colfax is already prime property and she fears a massive give away to large real estate investors. She does not feel it meets the requirements of the Lakewood Comprehensive Plan.
RICH HOSS, 1370 Zephyr Street, Lakewood, Colorado, 80214, speaks in favor of the proposal. As a property owner in this area he is willing to make improvements and he said he just came from the West Colfax light rail meeting and is wondering how that fits in with the West Colfax Reinvestment Plan.
DOROTHY WISECARVER, 8655 Meadow Lark Drive, Lakewood, Colorado, 80226, wondered if there were any current color maps for people tonight? She has a neighbor who would like to know if anything has changed on the map. She is also concerned with Planning Commissioners and City Council members sitting on the redevelopment Task Force. She also objects to Task Force members who are not citizens of Lakewood. Dorothy also said tax increment financing takes millions of dollars away from the schools, Special Districts, the libraries and the Fire District. It will be very costly to tax payers and she thinks it was by design that this case was brought forward so quickly.
NATALIE MENTON, 1755 Carr Street, Lakewood, Colorado, 80232, asked when the LRA Relocation Policy would be available for citizen's to get a copy and will they have to pay? Does the flood plain issue overrule all even if you have an owner occupied property? Eminent domain has been used in the city and she would like the total amount of properties and who wanted it and who did not. LRA would take sales tax dollars to go into PIF money, as she understands it.
COMMISSIONER MARINO wanted to address some of the common themes. First, was the time frame normal compared to other projects that have gone through the city?
BECKY CLARK said there has never really been a Task Force before. The timing is no quicker or slower than other projects.
COMMISSIONER MARINO said there was a total of nine meetings for this process, is that correct? So it is no faster and actually had more public input. Also, could blight be discussed?
MALCOLM MURRAY, LRA Legal Council, said conditions were arrived at by the conclusion that blight conditions exist and are conditions that impair the growth of the community and endanger the health, safety and welfare of the community.
COMMISSIONER MARINO said that the issue of topography is one that impairs the sound growth of the community.
MALCOLM MURRAY said yes, they took into account whether or not it is an impediment to the health, safety and welfare of the community.
COMMISSIONER MARINO asked if there was an existing flood plain along Colfax?
BECKY CLARK said that is correct, we do have mapped flood plains on West Colfax today that span the north side and south side.
COMMISSIONER MALM asked if there are sites that are undeveloped because the flood plain is on the site right now.
BECKY CLARK said that is correct.
COMMISSIONER MARINO asked if someone would explain the reference to the city getting into the real estate business and what time frame is allowable.
BECKY CLARK said it is not the city but the Lakewood Reinvestment Authority that would be the owner of the property.
MALCOLM MURRAY said it would be very unusual or very unlikely for the LRA to buy property and then turned over to new owners. The Lakewood Reinvestment Authority does not have the funds to hold property for long periods of time, say longer than 30 days.
COMMISSIONER PLOTKIN asked if this case tonight is a recommendation to establish a planned area and does not involve any particular redevelopment project, or approval of any eminent domain right now, correct?
BECKY CLARK said that is right, this is the first step of many. Today the commission is to consider an area for potential projects as well as a plan to undertake those projects. It does establish approval to use eminent domain but LRA would then need to come before City Council on a case-by-case basis.
BECKY CLARK said the proposals have to be analyzed with the ownership of the properties in the area in mind. The Plan also states City Council and an Advisory Committee would be involved in any eminent domain decisions.
COMMISSIONER PLOTKIN said Becky, as LRA Director, you have personally undertaken going out and getting citizen input to avoid the potential fear of abuse of power beyond what is required by law, right?
BECKY CLARK said yes, the LRA is very concerned about the abuse of power in other cities across the U.S.
COMMISSIONER MARINO said that what he heard is that the Lakewood Reinvestment Authority has voluntarily ushered in some policies that limit the power the LRA could have had.
BECKY CLARK said that is correct.
COMMISSIONER MARINO asked for clarification on how many environmentally contaminated sites there are.
BECKY CLARK said there are several sites that are being watched for future environmental concerns. The flow and gravity along Colfax is causing "environmental "hot spots" outside the tanks. There are other environmental conditions on Colfax.
COMMISSIONER PLOTKIN said there are eleven possible blight conditions on the State statute. Of those, how many blight conditions were found? Don't you only have to find four blight conditions by State Law?
BECKY CLARK said ten were found but the eleventh wasn't sought because it had to do with title issues. Correct, there are only four blight conditions that need to be met.
COMMISSIONER MARINO asked if Becky could address how the LRA and the Task Force was integrating light rail and what relevance it would have with this case tonight.
BECKY CLARK said there was a meeting earlier tonight having to do with light rail stations. LRA is only contemplating using, if they can, urban renewal tools on 13th & Wadsworth Blvd.
COMMISSIONER MARINO asked how citizens could go about obtaining a map?
BECKY CLARK said they could contact the Community Planning & Development Department, or myself, or Erica Adshead. The map at the October 17th meeting was the conditions survey study area map, which is different than the map presented at the October 27th meeting. Citizens can call 303-987-7500.
COMMISSIONER MARINO said there is a notion of conflict of interest.
BECKY CLARK said the document before the commission tonight is not a land use
or rezoning issue and the commissioners may participate in the decision making
process.
COMMISSIONER MARINO asked if there was anyone on the Task Force that would not
have a vested interest in Lakewood?
BECKY CLARK said all members of the Task Force have a vested interest in the City of Lakewood. The Chair of the Lowery Redevelopment Authority is the only person who does not own a business or property in Lakewood, however his family still lives here.
COMMISSIONER MARINO asked if Becky could go through the sales tax increment as well as the property tax increment.
BECKY CLARK said the Reinvestment Authority looks at the property tax increment
first, then might look at using sales tax increment depending on City Council
direction.
COMMISSIONER BROWN asked about the relocation assistance and when will that
policy be put forward?
BECKY CLARK said relocation policy is done on a case-by-case basis. It is dependent upon the amount of money needed for a redevelopment. Bel Mar has a relocation policy and so does Creekside but they are entirely different projects and policies.
COMMISSIONER BROWN also asked about the flood plain overriding everything else?
MALCOLM MURRAY said this provision allows City Council to make a judgment when there are particular problems to be corrected in the course of a project. If it is necessary to use condemnation as a last resort in order to alleviate certain problems, one of which could be flood plain, etc. that could be corrected in the course of a project. There is an effort being made to balance the needs of the authority to eliminate blight versus using condemnation. State law requires that City Council makes the ultimate determination and by case-by-case basis.
COMMISSIONER PLOTKIN asked what the existence of flood plain along West Colfax does right now?
BECKY CLARK said right now the property owners have to go to great expense to relocate the flood plain. In many cases they cannot build where they would choose.
COMMISSIONER PLOTKIN asked right now what options does a property owner have?
If you fix the flood plain on one property it would impact other properties,
correct?
BECKY CLARK said the only thing is flood plain insurance. On a property-by-property basis the options are very limited. We are trying to fix it as a city overall but the cost for the city to fix the flood plain is just absorbitant so bigger land areas are preferred rather than a parcel-by-parcel basis.
COMMISSIONER PLOTKIN asked why Doug Stiverson who has had a lot of strong feelings against eminent domain and has been active in limiting its use statewide is speaking in favor of this case tonight.
DOUG STIVERSON said a lot of what is wrong with urban renewal authorities nationwide
is unrestricted urban renewal authorities can use the power of eminent domain
without any protections. Also to recognize that developers are interested in
their private interest only and while you are not supposed to make judgments
based on tax revenue, that's what a lot of development is about. He would like
to see eminent domain limited for public uses. He thinks this document addresses
that very well. He will know more in another ten years. He wasn't willing to
move forward if there weren't basic protections and he still has a lot of concerns
with urban renewal but does not have a problem with this plan. He really thinks
we can move forward and afford to drive development and protect property owners.
COMMISSIONER URBANOWSKI noted that during public comments someone said there
should a limitation. There is a phrase in the limitations for the plan that
says, "Eminent domain should be used to acquire only that portion of a
property that is necessary" with a protection clause that states "Unless
the owner would be left with a remainder that would be unusable". He thinks
the Task Force has done a great job.
COMMISSIONER URBANOWSKI also asked if someone who is a property owner, could that owner disagree with the Blight Study?
MALCOLM MURRAY said State Law was changed a few years ago to say that blight designation would need to be challenged within thirty days of it's adoption. It's important to understand the process after the adoption of the plan will happen like this: The authority will come up with a project and then request a proposal process, the authority will seek proposals to accomplish that project. State law requires that owners of property within that project area be given an opportunity to make proposals and participate in the process itself. If the property cannot be acquired, then City Council has to consider eminent domain and make sure all of the steps outlined in the State statute have been complied with along with the protections written in to this plan. There wouldn't be any point in going forward with a proposal unless it would match up with the requirements of this plan.
COMMISSIONER URBANOWSKI asked, for example, if he had a property that is declared blighted and two years from now I fix it up and then someone comes along at that time and wants to consider my property blighted.
MALCOLM MURRAY said the important thing to remember is that there need to be
conditions of blight existing within the area. There is no such thing as a blighted
property. State Statute says you have to find conditions of blight within the
whole area.
COMMISSIONER URBANOWSKI asked about the city buying the artwork.
BECKY CLARK said artwork would not be bought by the city. Funds that are from tax increment are only to be used within that area and nowhere else.
COMMISSIONER ROHR asked if the Fire Departments IGA has to be done before this goes to City Council?
MALCOLM MURRAY answered saying the IGA cannot be completed until after the plan is adopted by City Council. The IGA should be done by the first of the year.
COMMISSIONER ROHR said several citizens tonight talked about the social aspects
of displaced people. The commission needs to consider the serious social concerns.
Urban renewal needs to be concerned with the social concerns are addressed in
all of these areas. With redevelopment problems tend to be pushed from one area
into another.
BECKY CLARK answered saying that, having to do with crime, graffiti and getting
it pushed elsewhere in Lakewood, Mike Becker, from the Police Department, has
attended nine of the Task Force meetings. The authority does work with the police.
On the issue of housing, we do provide relocation assistance to be sure we could
relocate people within the city, if not then within the metropolitan area.
FRAN said the Task Force did address these issues several times and that is what brought on their recommendation to have a mixture of business and housing uses in close proximity. The Lakewood Housing Authority will also help in this regard.
COMMISSIONER URBANOWSKI said there was at least one person who indicated there was an almost nefarious intent on taking this to City Council five days from now.
BECKY CLARK said it has to do with the tax increment-financing base. The last
meeting of the City Council is December 12th in 2005 and the authority would
like to have the tax base go back to the beginning of 2004.
COMMISSIONER MARINO asked if it is unusual for a case to be heard on Wednesday
and then be heard at council on the following Monday?
BECKY CLARK said no, in fact the first case tonight is being heard the same way.
COMMISSIONER MARINO asked what about the statistics regarding condemnation?
MALCOLM MURRAY said there have been approximately 75-90 city condemnation cases that went to court over 26 years. Most of them were for a whole series of public projects such as urban drainage and street widenings.
COMMISSIONER MALM said that, regarding case PL-05-004, finding that the City of Lakewood Planning Commission adopted the Lakewood Comprehensive Plan on February 19, 2003, and the City Council approved the Lakewood Comprehensive Plan on May 12, 2003 and the Planning Commission adopted the West Colfax Avenue Action Plan as an amendment to the Lakewood Comprehensive Plan on December 7, 2005 and moved it forward to City Council for their consideration on December 12, 2005, the City Council directed the Lakewood Reinvestment Authority to conduct a West Colfax Revitalization Conditions Survey on August 8, 2005; and citizens, residents, property owners and others participated in a Task Force to consider the findings of the West Colfax Revitalization Conditions Survey and issues and concerns about the use of urban renewal to make recommendations for the use of urban renewal in the West Colfax corridor and the aforementioned Task Force held two public meetings, one to present the findings of the West Colfax Revitalization Conditions Survey on October 27, 2005 and one to present the Task Force recommendations for public comment on November 17, 2005, and the Planning Commission conducted a public hearing on the West Colfax Avenue Corridor Reinvestment Plan with notice made to residents, business owners and property owners in the West Colfax Avenue corridor reinvestment area and published in the Rocky Mountain News, and the Planning Commission has considered the public testimony received and the Staff Report and recommendation, and in consideration of those facts and findings, Commissioner Malm moves that the commission finds that the West Colfax Avenue Corridor Reinvestment Plan conforms to the Lakewood Comprehensive Plan and it's amendments including the West Colfax Avenue Action Plan.
COMMISSIONER BROWN seconded the motion.
Motion passed by a vote of 6-0.
COMMISSIONER PLOTKIN said he was one of the Task Force members. He was very skeptical of eminent domain and was very impressed with Ms. Clark's reaching out with people with different points of view. This is how urban renewal and imminent domain should be done. Commissioner Plotkin said, as a member of the process, he feels the interest of the people on Colfax and the business owners who participated in the Task Force are being very well served in this process.
COMMISSIONER MARINO said he wanted to acknowledge the Task Force and as member of the Mayor's West Colfax Advisory Committee, he was pleased to be a part of it. The level of work that was put forward to arrive at a document that separates Lakewood from the rest of the municipalities along the Front Range. There was plenty of public involvement; it was a step the authority didn't have to take.
COMMISSIONER PLOTKIN wanted to commend Staff who worked so hard.
COMMISSIONER MARINO said the West Colfax Advisory Committee was chaired by Councilman Murphy and responsible for creating the Task Force that brought forward this motion, but was the owner of the plan on the previous case.
ITEM 3: APPROVAL OF MINUTES
Minutes from November 2, 2005 Planning Commission Public Hearing were approved
by a vote of 6 ayes and 0 nays.
ITEM 4: GENERAL BUSINESS
There was no general business.
ADJOURNMENT
Meeting adjourned at 9:05 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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