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April 5, 2006
COMMISSIONERS PRESENT
Bill Marino, Chair
John Plotkin
Bunny Malm
George Brown III
Rich Urbanowski
Michael Rohr
Tracy Sheffield
STAFF PRESENT
Becky Clark, Community Planning & Development Department Director
Gail Spencer, Administrative Manager
Paul Rice, Principal Planner
Tina Dill, Associate Planner
Amy DeKnikker, Associate Planner
Andrea Thompson, Associate Planner
Vicki Kaufman, Secretary to the Planning Commission
Following are the minutes of April 5, 2006 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.
The roll having been called, a quorum was declared. The Chairman gave information
on public hearings before Planning Commission. The following business was conducted:
ITEM 1: RZ-06-001 Request of Mr. & Mrs. Robert and Vicki Holland to rezone property at 2100 Iris Street.
ROBERT HOLLAND, the applicant, explained this property has been in his family since 1963. At that time it was zoned R1 by Jefferson County. In 1981 Lakewood did a "blanket rezoning" of the area and zoned all the properties to 1-R zone district. At that time his mother went through a rezoning of their property to 2-R for the large corner lot and did a lot line adjustment. The lot was originally 110x150 ft. in size. In 2002 he bought the property from his parents and built a large house on the lot. Now he would like to change the zoning back to the 1-R Lakewood Zoning District to have it be consistent with the neighborhood and so they can enjoy the amenities that go along with 1-R zoning. The house was appraised at $450,000 recently and he feels it is an asset to their agricultural type neighborhood.
AMY DEKNIKKER, Planner I, entered into the record the Staff Report, case file
and associated materials for Case
# RZ-06-001.
MRS. MARY UNDERWOOD of 9665 West 21st Street, Lakewood, Colorado, 80215, wondered
if duplexes could be built on the property or if horses would be allowed if
the rezoning goes through?
COMMISSIONER MARINO noted that there was no one else who wished to speak on this case tonight and so he closed public hearing and opened commissioner questions.
COMMISSIONER MARINO asked Staff if duplexes might be allowed or if horses are allowed in the 1-R zone district?
AMY DEKNIKKER said duplexes are not allowed in the 1-R zone district but horses are allowed. How many is determined by the square footage of the lot. The square footage of the lot in this case allows for one horse.
COMMISSIONER MALM asked if it was the applicant's intent to have a horse on the property?
ROBERT HOLLAND said it was not.
COMMISSIONER URBANOWSKI asked if the adjacent lots could have horses on them since they are all zoned 1-R?
AMY DEKNIKKER said that is correct.
COMMISSIONER ROHR asked if the applicant had any plans for sheds or garages in the immediate future?
ROBERT HOLLAND said they have a permit right now to build a garage.
COMMISSIONER URBANOWSKI asked what are the things the applicant would be able to do after the rezoning that they cannot do now?
ROBERT HOLLAND said they tried to sell the house and the people who came to see it expected this expensive a house to be in a covenant, tightly controlled, neighborhood and it is not. It is in an agricultural, more of a typical eclectic neighborhood. They would like the next homeowners to be able to enjoy the benefits the rest of the neighborhood enjoys.
COMMISSIONER MARINO verified that there is no agricultural zoning in that area.
COMMISSIONER MALM said she is personally familiar with the site and, taking into consideration the statement of the applicant and the report of Staff, including the summary of the staff report numbered one through thirteen of Facts and Conclusion, she moves to send this forward to City Council with a recommendation for approval.
COMMISSIONER PLOTKIN seconded the motion.
Motion passed by a vote of 7-0.
ITEM 2: MO-05-006 Request of Ms. Cheryl Rogers to modify the existing PD (Planned Development) zone district at 9894 West Girton Drive.
CHERYL ROGERS, the applicant and owner of Bear Creek Auto Body Shop, said she owns two lots of land, one in Lakewood and one in unincorporated Jefferson County adjacent to one another. Currently her customers come to the office, which is in the City of Lakewood to drop off their cars and often meet a rental car company representative who brings a rental car for the customer to use while their car is being worked on. She would like the rental company to be able to rent space in her office area to greet people and take care of getting them a rental car without Bear Creek Auto Body Shop getting involved.
AMY DEKNIKKER, Planner 1, entered into the record the Staff Report, case file
and associated materials for Case
MO-05-006.
COMMISSIONER MARINO asked for public comment. After concluding that no one signed up or was in the audience wanting to speak, Commissioner Marino closed public comment.
COMMISSIONER SHEFFIELD asked if Hertz rental would be used for her business only or for anyone who might want to rent a car?
CHERYL ROGERS said it is intended for her business but if others would like to rent a car from there they could.
COMMISSIONER MARINO then asked about the additional six cars and if the applicant had enough room to be in compliance?
CHERYL ROGERS stated that the site used to be a Pizza Hut restaurant and so there are plenty of parking spaces. There are five employees plus herself working in the building at this time.
COMMISSIONER URBANOWSKI asked if the number of six dedicated parking spaces would be subject to change in the future or is that written into the zoning on this parcel?
CHERYL ROGERS said that it is written into the zoning requirements as six only.
COMMISSIONER MARINO clarified that this is a modification of an existing ODP and so it will be written into the ODP that there will be six dedicated parking spaces on this parcel.
COMMISSIONER ROHR wondered if there are any plans for a covered structure such as a carport? Also, if the applicant has any plans to create a washing or cleaning facility for the rental cars?
CHERYL ROGERS said she has no plans to construct a covered structure for the rental cars. She also stated that it is not in her agreement with Hertz to wash the cars. There is a car wash next door if Hertz wanted to use it to clean the rental cars. There is a car wash in the in-house detail facility within the auto body repair shop now. At this time Hertz takes their rental cars to a Lakewood facility and has all of them washed there and the applicant has no reason to believe that will change.
COMMISSIONER ROHR wondered, as he walked around the project, if the privacy fence would continue to keep everything hidden from the general public?
CHERYL ROGERS said she does not know.
COMMISSIONER MALM asked if she understood correctly that the applicant would rent space to Hertz rental and a Hertz employee would be there every day?
CHERYL ROGERS said yes, Hertz has been renting cars from there all along but now she would like to rent space to them so she doesn't have to call Hertz to come out.
COMMISSIONER BROWN wondered if there would be any additional lighting?
CHERYL ROGERS said there would be no additional lighting.
AMY DEKNIKKER said there is no requirement for any additional lighting.
COMMISSIONER URBANOWSKI asked if there were any objections to this modification?
AMY DEKNIKKER said there were no objections.
COMMISSIONER ROHR asked if the applicant considered security for the new rental cars other than locking the gates, like more lighting or something like that?
CHERYL ROGERS said there are no plans for new security. At this time if they have an expensive car or a new car parked overnight, she parks the car inside the shop. In the five years she has had her business at this location, she has only had one incident of theft and that was when someone stole a stereo out of a car. When that happened she put in additional motion lights.
AMY DEKNIKKER responded to the Chairman's question about whether or not security was a part of the modification by saying it was not.
COMMISSIONER PLOTKIN made the motion, considering the Summary and Recommendations and the Facts and Conclusion in the Staff Report and the evidence submitted by the applicant, to move that Planning Commission recommend to City Council that they approve Case # MO-05-006.
COMMISSIONER MALM seconded the motion.
Motion passed by a vote of 7-0.
ITEM 3: APPROVAL OF MINUTES
Minutes from the Public Hearing meeting of December 7, 2005 and January 18,
2006 were approved by a vote of 6-0 with the new Planning Commissioner Sheffield
abstaining.
ITEM 4: GENERAL BUSINESS
COMMISSIONER MARINO asked what was the date of the Planning Commission Retreat?
Also, he wondered if the commissioners would decide on whether it should be
a morning (9:00 A.M. to 1:00 P.M.) with a lunch, or an afternoon
(1:00 P.M. to 5:00 P.M.) retreat?
BECKY CLARK, Director of Community Planning & Development Department, said the date is Saturday, April 29, 2006.
COMMISSIONERS voiced their opinion and decided on a 9:00 A.M. to 1:00 P.M. retreat time.
COMMISSIONER URBANOWSKI said whether the meeting is in the morning or the afternoon he would not be able to attend because he has a conflict. He will be working with "Destination Imagination" all day on April 29th.
COMMISSIONER MARINO said he would like to use this as an opportunity to help orient the new commissioner and dive in to a deeper understanding of the Comprehensive Plan as a team, using the plan as a discussion point. There was some hope that we could build some camaraderie and a shared vision. He feels that will be a natural offshoot of the discussion. Rather than trying to do a formal retreat where there are team building activities and visioning exercises, he would like the retreat to be more hands-on and talk more about the issues that face the Planning Commission, the tools at their disposal and their role as a commission.
BECKY CLARK agreed and said there is a lot to play off of with the Comprehensive Plan and several other plans to be accomplished in the next year, as well as some discussion on zoning because we do need to update our Zoning Ordinance.
COMMISSIONER MARINO said it sounds like this retreat will be more like an extended Study Session with a little more time for discussion and reflection.
BECKY CLARK said the retreat would be at the Graham House.
COMMISSIONER MARINO said he would work with Staff to formalize an agenda to circulate among the commissioners at least a week in advance.
COMMISSIONER PLOTKIN said the commissioners are increasingly getting invitations to meetings or notices of meetings such as St. Anthony's, the Federal Center, Light Rail and he presumes that it is not a quasi-judicial event so the commissioners can feel comfortable attending. Is an invitation an encouragement/request that the commissioners attend or is it simply informational?
BECKY CLARK said if the notice or invitation comes from her, it is ok for the commissioners to attend. She explained that invitations coming from her are only informational and sent to City Council and Board of Adjustment as well. She instructed the commissioners to not carry on a conversation, as they may be perceived as committing themselves to something. Please contact Staff if you have any questions about whether or not it is ok to attend.
COMMISSIONER PLOTKIN said at meetings he is invited to, he considers himself an interested citizen and not a Planning Commissioner gathering evidence. He considers attending based on his interest as a citizen.
BECKY CLARK explained that a commissioner can certainly go to meetings such as a preplanned neighborhood meeting as a concerned citizen but may be recognized as a commissioner like at the Rooney Valley meeting when the commissioners were asked to raise their hand. The commissioners can go to meetings as both an interested citizen and a commissioner.
COMMISSIONER MALM reminded the commission that the Post-News Colorado Colfax Marathon is coming up on May 21st. Any involvement from the commissioners is always appreciated. It will be a fantastic event and she is very excited about it. She is volunteering to clean up Colfax Avenue on Saturday and then man one of the drinking stations.
COMMISSIONER MARINO said he would be running in a relay team.
BECKY CLARK said she would encourage the commissioners to go to the marathon website. They need volunteers and anyone who wants to run should certainly do so.
BECKY CLARK also wanted to bring to the commissioner's attention that there would be a Community Resources Master Plan that will be coming to a Joint Planning Commission and City Council Study Session the first part of May. Community Resources is hiring two consultants, one to work on the assessment in the beginning, the second will work on actual plan. It is more than a park plan; it is a facility plan also, including the golf courses and recreation centers. Kathy Hodgson, Director of Community Resources, intends to get the Planning Commission involved in the Parks Master Plan. Becky said she believes it is one of the commission's goals per the Comprehensive Plan, to get involved in all the development of all plans that come through the city. The commissioners can contact Becky or Paul Rice with questions.
COMMISSIONER MARINO said he, on behalf of the Planning Commission, and City Council member Ed Peterson, had a preliminary meeting with Kathy Hodgson regarding Community Resources Master Plan.
COMMISSIONER MARINO then asked if there were any comments about the Staff Report format? Paul Rice has been working on changing the format. Nice and clean and easy to follow.
COMMISSIONER MALM said she thought it looked great.
PAUL RICE said, with regard to making a motion, the commissioners should add in the words "The Findings of Fact and Conclusion".
BECKY CLARK wanted to let the commission know the city is re-implementing the Planning Academy and all commissioners that have not gone through the Planning Academy will be getting a special invitation. All new council members as well as Board of Adjustment members will be getting an invitation too. Becky encourages everyone who is invited to attend. The Planning Academy will take place in six sessions held every-other-week. The sessions are two to three hours in duration. Each session takes a specific topic and they start very broad, and end very specific with a mock Planning Commission hearing and a graduation ceremony. The intent of the Planning Academy is to teach the citizen's how to be Planning Commissioners/City Council members in the future. It will start the end of August and run to the beginning of November.
BECKY CLARK also wanted to let the commissioners know that the city is in the process of hiring a Principle Planner in the Comprehensive Plan and Research Division under Roger Wadnal. This person will be a project planner who will handle special projects beginning with the light rail west corridor, focusing on stationary planning and zoning changes that will accompany the stationary planning.
COMMISSIONER PLOTKIN wondered if there has been any change with RTD regarding the bridge over Wadsworth Boulevard or the second parking structure contemplated for the light rail station on Wadsworth Boulevard?
BECKY CLARK said the city has received a $150,000 grant from DRCOG. It is called a TIP, "Transportation Improvement Program" Federal Grant. The city will put the grant to good use, hiring consultants who will determine Economic Development feasibility, design feasibility, and to help the city find developers who are interested in 13th and Wadsworth Boulevard, which is the most difficult station. Part of the grant is to look at a different design for the bridge but RTD will not pick up the cost of the bridge. And RTD will commit to allowing split parking areas between the east and west sides of Wadsworth Boulevard but it will be up to the developer to pick up the cost.
COMMISSIONER MARINO asked if, in the absence of some outside entity or funding,
we would end up with a "rammed earth" bridge?
BECKY CLARK answered saying that is correct and that is why someone other than Staff should have an opportunity to look at parking districts considering the funding mechanism of setting up a Parking District to be funded with urban renewal funds or some other means of funding.
COMMISSIONER MARINO said if the consultants and the grant take longer than September, would the city have some time to get a better bridge there?
BECKY CLARK said the city needs to sign an intergovernmental agreement between the city, RTD and a developer because they will commit to a 500 car parking structure only if the city can identify where the city intends to put the other part of the garage structure.
COMMISSIONER MARINO asked if there are cases coming before the commission on April 19th. And is a Study Session necessary on the fourth Wednesday, which is the Wednesday before the retreat?
PAUL RICE answered saying there are no cases coming forward on April 19th.
BECKY CLARK said the fourth Wednesday, April 26, at 6:30 P.M. would be a good night to have orientation for Commissioner Sheffield and any other commissioners who might want to attend.
COMMISSIONER MARINO said in the Performance Based Review Process there was an item regarding Staff training. How is that coming along?
BECKY CLARK said she and Gail Spencer are working on it. It hasn't come together yet but it is being worked on.
COMMISSIONER MARINO said special thanks - and welcome - to our new commissioner, Tracy Sheffield.
ADJOURNMENT
Meeting adjourned at 7:55 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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