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COMMISSIONERS PRESENT
Bill Marino, Chairman
John Plotkin
Rich Urbanowski
Mike Rohr
George Brown III
Tracy Sheffield

STAFF PRESENT
Mike Rock, City Manager
Roger Noonan, City Attorney
Jay Hutchison, City Engineer
Anne Heine, Lead Dev. Review Engineer
Gail Spencer, Administrative Manager
Olga Mikhailova, Principal Planner
Paul Rice, Principal Planner
Tina Dill, Associate Planner
Kara Mueller, Associate Planner
Andrea Thompson, Associate Planner
Dieter Magin, Civil Engineer III
Ross Williams, Facilities Planner
John Padon, Principal Traffic Engineer
Mike Connor, Property & Purchasing Service Manager
Vicki Kaufman, Secretary to the Planning Commission
************************************************************************************************************************* Following are the minutes of June 28, 2006 Lakewood Planning Commission Public Hearing. A permanent set of these minutes is retained in the office of the City Clerk.
************************************************************************************************************************* 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: MO-05-007 Request of Chris Bremner, Carma Lakewood, LLC to consider a proposal for a modification to the Springfield Green Official Development Plan.

COMMISSIONER SHEFFIELD disclosed that he attended the community meeting for Springfield Green on April 4, 2006 prior to it being quasi-judicial. He stated he does not feel anything he heard would impact his decision this evening.

COMMISSIONER ROHR disclosed that he attended the same April 4, 2006 meeting and that anything he heard would have no impact on his decision tonight.

PAUL RICE, Principal Planner, when asked by the Chairman if we should hear both cases concurrently, said he would recommend hearing them at the same time.

COMMISSIONER MARINO requested the Secretary to add the second case at this point.

ITEM 2: RZ-05-008 Request of the Lakewood City Manager to rezone approximately 22-acres of City parkland, known as Iron Spring Park from R-1A to PD, was added.

MIKE ROCK, City Manager, said he recognizes that interest is high in this project and this certainly is an area that has attracted a great deal of public interest and intergovernmental cooperation between Lakewood and Morrison over the years. This hearing is also somewhat unique in that the commission is usually gathered together to decide what kind of activity should occur on a piece of property, usually zoning. This project is different in that you are here to look at how zoning should be implemented. Zoning was decided many years ago on this piece of property. Those decisions were already made so this is a decision of how should the development occur in a way that is consistent with the original zoning that was applied to the property. Mike said he recognizes that the public interest is high and legitimate in that people are always interested in the compatibility of any land use with their own property, particularly if you are an adjacent neighbor. The focus here should be "Does this comply with the original zoning, does it comply with the City's regulations?" There are a couple of regional issues Mike wanted to touch on, both related to the Rooney Valley in the large sense. The first is the Rooney Valley Master Plan that is a cooperative effort between the City of Lakewood and the Town of Morrison. It was really designed to coordinate the development that might occur in the Rooney Valley using very simplistic, perhaps over simplistic terms, with the general intent of the northern part of the valley, which is in Lakewood, being largely residential with some office and the southern portion of the valley, which is mostly in Morrison, being largely retail. Both communities agreed to cooperate on land use matters including the review of land use and to cooperate in the provision of services and finally to share revenue from the project. The Rooney Valley Master Plan is really the guiding document for that cooperative agreement. There is also a Joint Project Review Committee made up of representatives from Lakewood and Morrison. The intent of the Rooney Valley Master Plan is voluntary compliance, there were no rezonings or down-zonings envisioned in the plan.

MIKE ROCK went on to say there is also a provision in the Master Plan that is the reason Mike is an applicant before you tonight. A voluntary buffer and the way that buffer would be implemented would be through land trades. In order to implement the buffer zone, Carma would require a land trade between the City and Carma. The City would trade parkland, roughly acre for acre. The City would be getting a little bit more than they would be giving up, but it is roughly an acre per acre trade. Mike wanted to make it clear that the trade is a voluntary buffer; compliance with the buffer is voluntary on the part of the developer. The developer has been absolutely cooperative and has said they would be happy to do the trade if the City Staff, Planning Commission and ultimately the City Council believe it is in the public interest. If the City decides it is not in the public interest then the developer is happy to go ahead with the alternate development plan, which would allow for development in that zone. Mike wants to be sure the discussion around the buffer does not become an excuse for delaying the project. The Planning Commission has a pretty straightforward decision to make and Carma said they are happy to comply with whatever the City's wishes are, but we want to make sure they are not punished for their agreement to comply with the buffer.

MIKE ROCK said the other thing he wanted to mention regarding the Rooney Valley is the Mount Carbon bankruptcy that occurred many years ago. The City of Lakewood and the Town of Morrison worked with the bankruptcy court for many years. Mount Carbon was a Special District in the Rooney Valley. Federal Bankruptcy Court looked very closely at the bankruptcy proposal and determined that zoning entitlements existed in the valley, which would allow development to occur. Those zoning entitlements were already in place and that development would result in the purchase of water and sewer and, along with the development, would generate revenue to pay the creditors. This isn't about growth, growth is always an issue, Lakewood is actually losing population. The City is always concerned with how growth occurs and this should be a very close scrutiny of whether the quality of the development is consistent with Lakewood's guidelines. It is not a park, Jefferson County Open Space is not considering, nor will they consider, acquisition of this property, they don't do any involuntary acquisitions. The voters also addressed the issue of having the City of Lakewood acquire this land years ago and rejected that because of the liability. The primary issue from City Staff's standpoint is one of compatibility; we believe the developer is a very high quality developer who's built two high quality projects in Aurora and Brighton. The density adjacent to the existing residential is lower than the existing residential and then feathers out as you get closer to the highway. The quality is as high or higher than the existing residential, certainly the price and value is as high or higher. With that Mike closed and said when it comes time in the proceedings to talk about the City's rezoning request he would be happy to make a presentation or answer any questions the commission might have.

TOM RAGONETTI, of 950 17th Street, Suite 1600, Denver, Colorado 80202, the applicant's attorney, is here tonight as one of a group of three plus presenters for the applicant. He felt Mike Rock did a wonderful job. The property has a long and colorful history, it is zoned and it is platted. Since 1986 the plat for the property has contained the following note: "No building permit for any residential building or structure shall be issued until such time as the owners receive approval from the City of Lakewood of a modification of the Springfield Green mixed use development, which overlays the existing Official Development Plan with a Master Plan to include land use, densities and unit types". The commission has before it tonight two different approvals; one is to approve or disapprove the proposed Master Plan which meets this requirement. When this plat note was added to the plat the citizen's were not envisioning the land use system Lakewood has in place today. There isn't a procedure that exactly matches that note but there is a procedure that accurately encompasses the note, which is a modification to the existing official development plan. So the first approval you will consider tonight will be whether or not the first Official Development Plan for Springfield Green should be modified with the Master Plan that meets this plat note. The second approval is a recommendation to City Council whether to approve or not approve, with conditions, the rezoning of a portion of parkland, which is proposed to be exchanged with the developer for a buffer strip along a portion of the development. Subsequent to the zoning and the platting of this property in the 1980's, as Mr. Rock mentioned, the City of Lakewood and Town of Morrison adopted the Rooney Valley Master Plan, which proposed a buffer on the eastern side of the property to buffer development from the existing homes and the developed residential to the west. In order to accomplish that, the proposal is (and this follows the Master Plan) to exchange a portion of the existing city park and to rezone that portion of the existing city park for residential development consistent with the remainder of the development that is going to take place under the platting and the rezoning and hopefully the modification of the Master Plan, which is being heard tonight. And to exchange the parkland with the buffer zone in question, which will become City property and a permanent buffer between the development to the east and this new development to the west. So the second approval you are considering tonight is whether to recommend approval of the rezoning of the portion of parkland, which is to be exchanged or to recommend disapproval of that zoning or to recommend approval with conditions. The Carma team will be delighted to answer questions at any time during the presentation or following it. Carma has a full team of specialist at the meeting tonight with specialties in every area so if you want to get into detailed questions, one or more of the team should be able to answer them.

DOUG REED, of Fine Line Consulting, 584 South Race Street, Denver, Colorado 80209, started the presentation with a brief explanation of the history of how Carma arrived at this point since the flow of the history is very important to see what happened and how the area has evolved. The story began in the early 1980's when most of the properties were generally zoned for residential densities of seven dwelling units per acre. There were commercial developments zoned in the area as well. By 1982, the Springfield Green Development Plan was zoned and has remained zoned the same since that time. In 1986, the plat was approved and recorded. The property, as a function of the plat was subdivided, rights-of-way were transferred to the City and development actually began in accordance with that plat at that time. In about 1992, portions of the Hutchison's Green Mountain area, to the east, were platted. The Summit Glen subdivision was platted in 1994. Then there began the Rooney Valley Master Plan process. In 1994, there was interest in creating a Master Plan for the valley, which was then adopted in 1998. In the midst of that process the City of Lakewood submitted a request to Great Outdoors Colorado to purchase portions of the Rooney Valley but that purchase did not go through and the property remained in private ownership. In May of 1997, Jefferson County Open Space was approached to request they purchase portions of the property as Open Space but they elected not to purchase the property. In 1997 & 1998, there was a citizen's initiative brought forth to down-zone all of the Springfield Green property to R-1A, that initiative was brought to a vote in 1998 and failed. And then in 1998, the City of Lakewood adopted the Rooney Valley Master Plan, which is the guiding document for this area. In May of 2000, there was an Intergovernmental Agreement entered into between the City of Lakewood and the Town of Morrison, jointly adopting the Master Plan so their respective portions of the Rooney Valley would be developed in concert with each other. With this project, Carma began their outreach efforts. In August 2005, with the first neighborhood meeting regarding the Springfield Green Master Plan and the idea of the exchange. The applications were submitted to the City in October 2005. On February 7, 2006, there was a second large community meeting explaining what the proposed Master Plan for Springfield Green property was and outlining the exchange parcels, there was yet a third community meeting April 4, 2006, that was the most recent and everyone within the notification area was notified to explain the proposal before the commission this evening. Again, in 1954, there was nothing in the Rooney Valley - Alameda Parkway wasn't even in this area. By 1963, Alameda Parkway had been completed but there was still no development in the area. In 1982, the Springfield Green property was zoned and in 1983 development began. In 1986, the plat for the Springfield Green Subdivision was approved and in 1988 construction had begun. City roads were built, water lines installed, etc. The City owned the right-of-way areas. By 1992, Hutchison Green Mountain Village Subdivision was being constructed. By 1999, Tamarisk development and Summit Glen were completed and the area looks very much the same today as then. Again, there are the two guiding documents for the area: the Rooney Valley Master Plan and the associated design standards, perhaps the most important piece is the Rooney Valley Framework Plan, which was developed by DSW, who are a part of this design team, and were brought onto this project because of their expertise and their history of developing with the City and working with the citizen's in the area. There are several important characteristics explained in the framework plan that Carma is attempting to bring forward this evening. They are: the proposed buffer area of about 22 acres to provide a natural open space separation between this development and the homes that already exist. There are portions of City owned property envisioned to be traded in order to create the buffer and to continue the City park, which would go from Coyote Canyon all the way through the buffer area across Alameda Parkway and up into Hayden Green Mountain Park. There is also a wildlife corridor and a drainage corridor, which goes through the center of the property, and another drainage corridor and the road system, which is very close to the road system platted in the first place. This was the vision of the Master Plan when the City developed it. The zoning specifies seven net dwelling units per acre. Carma plans to develop five gross dwelling units per acre. If the City decides they would rather not exchange parkland then the alternative is to have all the characteristics that are in place now except there would be no buffer on the east side. Carma believes their project meets all of the requirements of the Rooney Valley Master Plan as adopted by the City and has been careful to follow the framework plan, it certainly exceeds the three characteristics as noted in Note 18, the City Staff have reviewed these modifications and feels it in conformance with the City policies and the Master Plan for the area.

TOM MORTON, Senior Vice President of Carma, who gave his address as 9110 West Nichols Avenue, Suite 180, Englewood, Colorado, said he is excited to present to the commission this plan for the Rooney Valley. His part is to intorduce the commission to Carma. Carma has been in business since 1958. Carma builds only residential communities and has built over 80 Master Plan communities in North America. Their projects include Tallyn's Reach in Aurora, Colorado, voted 2001 Community of the Year, Shoal Creek Valley in Kansas City, Bayshore up by Longmont, Brighton Crossing in Brighton, McKenzie Town in Calgary. In 2003, the Urban Land Institute recognized McKenzie Town as one of the twenty-six best Master Plans in the world. Carma is very proud of that and takes what they do very seriously. Carma believes in building quality communities and staying by their communities to the very end to be sure they are built out the way Carma envisions them. Carma has their own design guidelines for landscaping, the kinds of homes that can be built, price ranges, etc. The landscape and quality Carma brings to a community is a very high priority and very near and dear to Tom who is a landscape architect by background. Tom showed slides of the various Carma communities. This project would incorporate a Tuscan type theme.

KARA MUELLER, Associate Planner, entered into the record the Staff Report, Case files MO-05-007 and RZ-05-008, and associated materials. Lakewood Zoning Ordinance, Subdivision Ordinance, Comprehensive Plan and all of its amendments, including neighborhood and corridor plans. Also, Kara asked that any testimony tonight and any statements from the applicant be accepted into the record. Kara wanted to acknowledge an error in the findings of the Staff Report. The Staff Report states that the Development Agreement has been completed and has been signed. Carma Lakewood, LLC, has signed the Development Agreement but the other final signatures will be obtained prior to the ODP Modification or the ODP Modification Alternative being executed. It is not an ordinance requirement that signatures be obtained prior to tonight's hearing.

COMMISSIONER MARINO accepted items for inclusion into the case record.

ROGER NOONAN, City Attorney for the City of Lakewood, there are two items for the commission to decide this evening. What he wanted to discuss briefly are the two resolutions handed out to the commission tonight. Additional copies are available for the audience on the table by the front Council Chamber doors. The decision will require two separate motions by the Planning Commission and these resolutions have been prepared for the commission's assistance. The commission may use them, modify them or develop their own language as they see fit. They are consistent with the Staff Report. The resolutions contain suggested Findings of Fact and Conclusions and Action language. The Action language is why Roger is before the commission tonight because it contains significant conditions that are necessary to implement these two actions. In the resolution pertaining to the modifications; rezoning and land exchange are interdependent. The Planning Commission motions need to reflect these conditions, which is complicated by the fact that the modification decision is a final decision by Planning Commission and not a recommendation to City Council. Your decision may be appealed to City Council but your motion needs to stand alone if no appeal is filed. Should the rezoning and land exchange not occur before January 1, 2008, the action language provides that the ODP modification alternative would become effective. This should allow for sufficient time for the rezoning and land exchange to take effect or not. "Take affect" is further defined in the action language there. In the rezoning suggested resolution, the action language states that it is conditioned upon the ODP Modification taking effect. At the conclusion of the public hearing when the Planning Commission is ready to make a motion, Mr. Noonan offered to assist if asked to do so.

COMMISSIONER MARINO said if there are comments for the City Attorney they could be addressed after public comment. Chairman Marino then opened the hearing for public comment.

RALPH BECK, of 2459 South Hollman Circle, Lakewood, Colorado 80228. Mr. Beck mentioned that he has no business or other relationship with anyone associated with Carma. He has met several Carma Officers over the past few years in the neighborhood meetings but had only very brief conversations with them. He has lived in his home for 13 years and has no thoughts of moving. His residence has had an unobstructed view of Mount Morrison, Red Rocks Amphitheatre, etc., and he would love for this land to remain open space. After purchasing his home, he found that there would be no chance of the Rooney Valley remaining open space. He said Carma's development is very responsible. He feels Carma's other projects are high quality and appealing. He also likes the idea of the buffer zone Carma suggested. He especially likes that the hiking and biking trail would be provided along with a link between Green Mountain and Coyote Gulch Park. And so, if Lakewood is not going to take on the Rooney Valley as Open Space, and he wished the City would, then he is highly in favor of the project Carma is presenting.

ROB EADIE, of 14234 East Evans Circle, Lakewood, Colorado 80228, Mayor Burkholder stated in his State of the City Address that Lakewood is the fourth largest City in Colorado with a population of 45,000 people. Mike Rock stated that Lakewood is losing population so it makes a lot of sense to build 1,500 new homes and increase our property values. Mayor Burkholder said unequivocally that one-quarter of the land in the City is dedicated to parks and open space and promised that Lakewood would continue to honor that heritage. This proposed land swap has dismissed open space previously dedicated expressly as parkland in favor of rushed development. It has compromised Lakewood promise to honor Lakewood's heritage, the City is now on the verge of breaking various City ordinances and rejecting revisions in the City charter in an effort to bypass City involvement in the establishment of the Rooney Valley Master Plan. Rob had with him an appraisal done by Burton Lee, MAI, Appraisal Institute, State Certified General Appraiser who has reviewed the City's appraisal constructed by Bonnie D. Roerig, MAI, and the affective land swap appraisal concludes "It is, in his opinion, that the relative market value of Bonnie Roerig, MAI, appraisal reported dated March 31, 2006, has been affected by the assumption that all affected parcels be valued as parkland and this assumption might have altered the results of the appraisal so as to create an exchange that may not constitute a fair market value exchange." Mr. Eadie said that the City is getting ripped off and this is not a fair swap, it benefits nobody in the City except Carma by provisioning them with premium hilltop land and increasing the number of lots that are backed onto new open space thus increasing Carma's profit margin.

JIM HASELDEN, who resides at 25151 East Kettle Avenue, Aurora, Colorado 80016, said he owns 20-acres that he has lived on for 27-years and Carma purchased the land around him and did an excellent job. He highly recommends Carma for any project that Lakewood or any City might have, especially when Tom Morton and Chris Bremner are involved.

BRAD REIS, of 2420 South Holman Circle, Lakewood, Colorado 80228, wanted to say he actually would benefit from the project. Carma has no obligation to make this land trade, however he would be in favor of the land exchange to protect his property value and he feels it would be good for the City.

MARY BINDER, who lives at 2669 South Wadsworth Circle, Lakewood, Colorado 80227, said she looked at this project as a real estate agent and has been asked in the past to show people nice upscale homes in Lakewood but the City doesn't have a nice concentration of homes like this project would create. It would bring in people whom we would like to have in our City, they would spend money, work and live here and this project may bring in jobs with employment sources. New employers often look for this type of development so she is very much in favor of this development and the buffer area that goes along with it.

DAVID BUSHNELL, 2647 South Holman Circle, Lakewood, Colorado 80227, is a Lakewood native and a homeowner whose family will be impacted by the new development. He would like to commend the City and the Rooney Valley Task Force for their long and expansive effort that resulted in the Rooney Valley Master Plan and the Framework Plan. After such a colorful twenty year history, he hopes the City doesn't "Rush to Judgment " just for the sake of progress. Regarding the ODP Modification Number 1, David is concerned when he hears the City of Lakewood Charter, Article 14; Section 14-3 requires any disposal of parkland be put to a public vote. He said if anyone is pretending this is not a disposal of parkland, he would ask them to point out where the parkland is that is being given back to the City that is also zoned R-1A. His concern being the east buffer zone left as PD, it can be used as parkland. The City planners are assuming Carma will see the plan through completion but one can look at the history of the valley and see how many bankruptcies there have been here. So if financial events take a downturn then Carma may leave and there goes the buffer zone. Any business person or homemaker gets a second or third opinion when shopping around for something. The City only got one appraisal and he finds that concerning, bad business and consistent with the "Good Ol' Boy Network". Also, he is concerned about the false assumption that the appraisal was done as if both were parkland and clearly they are not. Regarding the ODP modification alternative. He feels it should not be approved. It shows no buffer on the east side and is not consistent with the Rooney Valley Master Plan.

KATHIE CAPRA-BOWLES, of 950 Wadsworth Boulevard, Lakewood, Colorado 80214, is a native of the Denver area and lived in Lakewood for most of her adult life. She is Chairman-elect of the Board of Directors of the 2400 member Jefferson County Association of Realtors and represents them tonight. One of the ways we protect our quality of life is through zoning and well thought out Master Plans that guide new development. The City of Lakewood, Town of Morrison, and Jefferson County worked with their citizen's to develop a Master Plan to guide development in the Rooney Valley. After three years and many public meetings, a plan was adopted in 1998. They believe the proposal before the commission tonight is in accordance with the ROONEY VALLEY MASTER PLAN and should be approved.

JANET DRAPER, who lives at 2663 South Holman Street, Lakewood, Colorado 80228, stated she is a teacher, appraiser, realtor and homeowner and she researched the area well before buying her home in Summit Glen. She looked at the ROONEY VALLEY MASTER PLAN, which seemed to her the density would be maintained at four houses per acre. But she is worried that the ROONEY VALLEY MASTER PLAN is being abandoned and the project will have a negative impact on the homeowners. Carma showed slides to the homeowners with townhouses up to 22-units per acre. She has heard different information tonight and thinks this will deny the current residents of space, quiet and will decrease the property values. Her second concern is that the land exchange of parkland, which is public and freely accessed by the citizen's, is being given away to private developers who would benefit financially. The land swap should be put to a public vote per the City Charter. She urges the City to limit the density, preserve the parkland and not accept the two options presented tonight. Will Carma's project constitute it's own Special Tax District or will we be looking at additional taxes for a bond that might be approved? As an appraiser she has concerns that the assumptions made in Bonnie's appraisal report violate "Use" requirements, that appraiser's should not adopt hypothetical conditions that would cause an appraisal to provide a predetermined conclusion in favor of a certain client.

NINA ROCKLEY, of 8555 West Colfax Avenue, Lakewood, Colorado 80215, read a letter saying the Lakewood Business Leadership Committee, representing over 1500 businesses and associations including the West Chamber serving Jefferson County, the Alameda Gateway Community Association, the West Colfax Community Association and the Jewell-Wadsworth Area Business Association supports and approves the "Soltara project" supplement to the action required by the Lakewood Planning Commission to approve the equitable land transfer and rezoning as necessary to achieve the division of ROONEY VALLEY MASTER PLAN. We consider the developer, Carma, to be an outstanding and reputable real estate entity with a proven track record of high quality residential development. With the addition of one of the premier developments in the metro area, we anticipate that owners and residents of Soltara will provide a much-needed boost to local businesses and added value to the community and maintain the integrity of the land use. We are asking that the Planning Commission approve this project. Ron Scholar, President of Alameda Gateway Community Association, Nat Cornwell, President of West Colfax Community Association, John Guntherden, President of Jewell-Wadsworth Area Business Association, Amy Shermer, President of West Chamber serving Jefferson County signed the letter.

COMMISSIONER MARINO asked if there were others who wished to speak this evening.

LISA SCOTT, of 14222 West Evans Circle, Lakewood, Colorado 80228, said she would like to emphasize that the modification alternative is clearly and completely inconsistent with the ROONEY VALLEY MASTER PLAN. This is the one thing that Staff said that Lisa really takes issue with in that it is by no means consistent. She would urge the commission not to approve the modification alternative. Many citizen's spent much time and effort on the ROONEY VALLEY MASTER PLAN. She believes that there would be many more people at this meeting if they had known before the last meeting Carma had with the neighborhood that this was the alternative. If the neighbors have a problem with the alternative, what is Carma is going to do? She thinks it is a major rush to say we are going to approve this plan when it is so inconsistent with the plan that people spent so much time and effort working on with many good features that we should keep. She noticed in Carma's slides tonight that the alternative clearly shows something attaching to her back fence. When she bought her property she knew the zoning but also knew what the intent of the City was. Now she thinks the ROONEY VALLEY MASTER PLAN is being ignored. Lisa then thanked the commissioners for their time and effort on the commission.

MARK L. DAVIS, who resides at 13800 West Alaska Drive, Lakewood, Colorado 80228, said he doesn't have an interest in Carma. He is only an interested citizen, not a neighbor of this area. He is concerned about issues of integrity that he feels have not been satisfactorily addressed. He doesn't think the appraisal meets generally accepted appraisal standards and other additional appraisals should be requested before a decision is made. Further, he thinks the exchange of parkland must be according to City Charter, the subject of a vote of the people. Also, he is concerned about the quasi-judicial rules being violated because, at a neighborhood meeting held April 4, 2006, Commissioner Rohr was at the meeting and identified by Mark and others as having discussions with the developers. Mr. Davis brought this to the attention of City Council and others and suggested that Mr. Rohr should excuse himself from any decision in these cases because his knowledge was obtained off the record and arguably the appearance of impropriety extends to this commission and he suggested that the whole commission should excuse themselves because of the taint of Mr. Rohr's appearing at that public meeting and discussing this matter personally with the developers. Mr. Davis is not suggesting that that occurred, Mr. Davis does not know this for a fact but until this matter is looked into, he thinks any action taken is not timely.

CARLO SPANO, 2277 South Holman Circle, Lakewood, Colorado 80228, is President of Hutchison's Green Mountain Civic Association and has been granted a few extra minutes of time. Tonight there is a lot of passion but he would like to stick to the facts surrounding the proposal. First, with respect to MO-05-007 the Planning Commission is being asked to approve modifications to an ODP. The first modification is consistent with both the ROONEY VALLEY MASTER PLAN and the Lakewood Comprehensive Plan but it calls for a land swap between privately owned land and City parkland. Under the City Charter, Article 14, Section 14-3, any real property held for open space or park purposes is subject to a public vote. This legal requirement is being totally ignored by the City. The civic association is asking that the Planning Commission not approve the modifications until this legal requirement is satisfied or is in some way resolved. The City is required by law to complete a fair market value exchange; this requirement is also not being met. The City has commissioned only one appraisal for the affected parcels and that appraisal contained a false hypothetical assumption. To research this the association had the City appraisal reviewed by an independent appraiser. A copy of the review is in the packet. The Planning Commission has a very large packet of information to review, however, the appraisal was not included in this packet. It was either: overlooked, deemed not important enough to view or deliberately left out. In any case, this is unacceptable. In reviewing that appraisal, the appraiser clearly states the hypothetical condition imposed on her six times. Anyone reading the document can clearly see she is concerned by the imposed conditions and that she is referring to it so frequently to cover herself. The Planning Commission should review this appraisal before deciding on any modification to the ODP. Another aspect of the land swap is that the land Carma is receiving in exchange is more desirable from a development standpoint than the land Carma is giving to the City. A physical inspection of the parcels clearly shows Carma getting prime hilltop land with easy access to Alameda Parkway and views of the front-range and the "Hogback". These parcels also border parkland and have higher elevations. These parcels will clearly be Carma's premium lots. In exchange the City will get parcels dominated by drainage gullies, no access to any major roadways and no elevations, this land is not very desirable to a developer and does not constitute a fair market exchange. Another aspect of the land swap is if the rezoning and the land swap pass, Carma will make an immediate profit simply by virtue of the rezoning. This should have been considered in the configuration of the land swap and has once again been totally ignored by the City. We are asking that the Planning Commission not approve the modifications to the ODP until the City has completed an additional appraisal that takes into account all the realities of the land swap. One of Lakewood's greatest resources is open space. The City should not make deals with developers that do not constitute a fair deal for the City and it's citizens.

CARLO SPANO went on to say the second version of the modification, the Alternative Plan, does not include the land swap. This plan is totally inconsistent with the ROONEY VALLEY MASTER PLAN and the Lakewood Comprehensive Plan. It totally ignores all the work the City and its citizen's have put in to developing the Master Plan, it ignores that the City approved the Master Plan and incorporated it into the Lakewood Comprehensive Plan and it totally ignores that Lakewood, Morrison and Jefferson County approved a version of that Master Plan. It is even more disturbing because it would force City Council to vote on the land swap regardless of how it is configured. By approving this version, City Councils hands are tied. Either they approve the land swap as it is proposed or Carma can begin development without City Council approval. This is very dangerous and cannot be allowed. For both of these reasons, the alternative plan must not be approved. The City of Lakewood should represent the interest of its citizen's and not the interest of private developers. Anything less is a dereliction of duty.

CARLO SPANO said for MO-05-007 there are several more points. What is being voted on is a modification to an ODP as it relates to densities and dwelling types. This translates into the number of new residents in the area. At this point it is premature to approve any modifications of this nature for three very specific reasons: First, a new Metropolitan District called Fossil Ridge was formed to finance the infrastructure for this development. To date the financing plan of the new district has not been submitted to the City. This information is critical in order to make an educated decision on densities. Second, neither Carma nor it's water supplier, Consolidated Mutual Water has submitted a detailed water supply plan. In Colorado any plan for growth that does not include a comprehensive water supply plan is foolish. Finally, Jefferson County Schools stated in a letter dated June 19, 2006, that the cost of providing education to the increase in students is over 24 million dollars. The schools these students would attend are already using ten temporary classrooms. The Planning Commission should have a clear picture of what that means to the taxpayers and the over-burdened school system. In summation, the association feels the City should slow down and take a closer look at all these mitigating factors. The association asks that the Planning Commission not approve any modification to the Springfield Green Official Development Plan until these issues are resolved. Given all the reasons case MO-05-007 should not be approved, RZ-05-008 the request to rezone 22 acres of parkland is definitely premature. Once again, the City is not following due diligence. The association asks the commission to deny the rezoning until all the factors surrounding MO-05-007 have been satisfactorily resolved.

KEVIN MC GRATH, 14236 West Evans Circle, Lakewood, Colorado 80228, said when he purchased his home he backed up to current parkland and the proposed land swap would take away some of his view that he purchased at a premium. Please look in your packet and on page 4 of the Staff Report, Kara Mueller states this proposed land exchange would be an area for equal value and an equal land trade. It is not equal and there are more appraisals that need to be done. Mr. Rock said Carma would be happy to voluntarily trade the land and it doesn't take an appraiser to tell you that would make any developer happy.

STEPHEN C. SUMNER, of 2297 South Holman Circle, Lakewood, Colorado 80228, said he sits on several boards and commissions for the City of Lakewood and as a Mayor appointee for the West Colfax Revitalization Committee. He said he understands the stewardship brought upon those who serve and the responsibilities that they have to the citizen's of Lakewood. He said the City Charter, Article 14, Section 14.3 calls for a vote of the entire citizen's for any disposal of City parklands or open spaces. He does not think this can be taken in the spirit of a swap. He also thinks the alternative modification number 2 that obliterates the City's ROONEY VALLEY MASTER PLAN, a plan that was brought together not only by the City but by a citizen's group that worked with the City. He wants these issues to be resolved before the Planning Commission move on either of the proposals tonight.

MARSHA FAULCONER, 10648 West Cornell Place, Lakewood, Colorado 80209 said she would not reiterate what has already been stated but for the record she is opposed to the land swap. She said there is a sign that says the land was donated by the Forsberg Family for open space parkland use. And it is a designated dog training area. The land swap doesn't indicate how that parkland would be replaced, what will be the substitute for how the land is currently being used? Also, the cost benefit to the taxpayers versus how much tax would be taken from the citizen's for building schools, streets, water and sewage facilities, etc.

MARTIN RUBENIS, of 2283 South Holman Circle, Lakewood, Colorado 80228, wanted to speak about dust from the Robinson Brick Companies clay mine. On dry windy days, large thick clouds bellow up from the clay mines and the prevailing winds carry this dust straight across land slated for homes. Carma has shown no interest in dust mitigation. In addition, Bandimere Speedway reaches unacceptable sound pressure levels at that close proximity. Racing goes on Wednesdays, Fridays, Saturdays, and most Sundays, usually until close to midnight, from late spring to early fall. As homes are built and sold there, the tide of noise from Bandimere Speedway would put pressure on its owner to close it. He does not want this to happen to a man of such integrity like John Bandimere. Springfield Green and the Rooney valley are both good buffer zones and should remain so until both of these businesses close. It is not now the prime development land Carma claims it is.

MESHACH Y. RHOADES, of 14232 West Evans Circle, Lakewood, Colorado 80220, is an attorney and current homeowner. Her property would be affected not only by the development but also by the land swap. As an affected homeowner, she did extensive research regarding the open space property and seeking the advice of a real estate attorney. Colorado case law reveals that where the City requires dedicated land for an express use such as parkland purposes, the City may use that land only for use of its dedication. The express purpose in the deed was to remain parkland. She was also aware at the time of purchase that the City passed an ordinance which simultaneously was the acceptance of the parkland that states that the park properties are of an estimated value to the City and its people for open space, recreation and park purposes. Therefore, she purchased her property as did her neighbors, under the good faith and reasonable research belief that the value of her property would not disintegrate with the development of the adjacent land and the privacy she now enjoys would not be forsaken for the whims of a developer, that the views she now enjoys would not be impeded and sacrificed for the sake of economic greed and that the increased price that she paid to live on open space that was deeded as such, was justified. Second, because the land, which is the subject of the swap, was effectively undervalued during the appraisal of the parkland, which she said was dictated by the City. The City has essentially condemned such recreational areas and open space contrary to the stated intentions of the conveyors of the deed thereby materially departing from the ordinance and the deed itself, which acts as the City's power of eminent domain, which is controlled by Colorado Statute 29.7-101A, which says that municipalities can acquire dedicated land and can operate it but can not condemn such land as it is recreational area. This concept is also backed by several cases in Colorado. In essence, giving to municipalities and City authorities the power to vacate parks and public grounds does not grant such authorities to alienate a plot of ground dedicated to the use of the people of the City of Lakewood for a public park or to appropriate it or any part of it for use inconsistent with the purpose of the deed or with the purpose of the dedication. As many people have stated, the appraisal is insufficient and she doesn't want to talk further about that but wants to emphasize the assumption of such devaluation by the zoning and the devaluation of the land is directly contrary to Colorado law, which prohibits officials from conveying property for a grossly inadequate price in order to curb unreasonable power that is detrimental to the public interest and in fact, Article 11, Section 2 of the Colorado Constitution expressly prohibits a municipality from making a donation or grant to aid a company or corporation, essentially a private interest. And because the deficient appraisal in this instance does not allow for effective valuation we cannot determine whether, in fact, the City has definitively violated this section of the constitution.

BARBARA SNYDER, 2659 South Howell Street, Lakewood, Colorado 80228 said her house is the bottom of the barrel. It is the last house in the proposed development between Howell and Indiana Streets. She feels scared to death because what she is understanding is that if the land exchange doesn't go through then the development could be right outside her back door. She talked to Carma and to Kara Mueller and they both said the compromise is that there would be a type of pond, some walkways and maybe some paths that would provide access for people to walk their dogs, ride their horses, and do whatever and there would be at least 125-feet versus 10 to 20-feet behind her fence. It sounds to her like Carma has the right to come to her back door if this isn't approved and she is scared.

CINDY WINTERS, who lives at 14228 West Evans Circle, Lakewood, Colorado 80228, said she is adjacent to the Springfield Green project and has no relationship to Carma but in view of knowing there would be building behind them, they support this proposal be approved. She has seen many days when there were lots and lots of foot traffic and bike traffic. It is a wildlife corridor that would extend from Hayden Park to Bear Creek, which would be beneficial to our wildlife.

DEVON ELLISON, of 2299 South Holman Circle, Lakewood, Colorado 80228, said there are several issues that have come to pass; twelve years ago her husband was adamantly involved in the task force to have Springfield Green be developed. One of her concerns was that there were three plans that were supposed to go to vote for the community and her husband and the members of that task force twelve years ago were not invited to that approval. If you need the information, it is in the packet. She thinks this should be brought up before Carma even was looking at the property itself. She said she knows the history that fell when Springfield Green had another developer that was not quite on the "up and up". So looking at Carma after knowing this history, she thinks they are a wonderful developer and the City is honored to have them come and develop that land. But it is premature because of the issues brought up from her neighbors and her own passion to have Iliff Street remain closed. They worked so hard 12-years ago to have the park connection from Green Mountain down to Bear Creek Lake for hikers, bikers and dog walkers. Having a street that you come down and the sun shines into your eyes becomes a dangerous situation plus the water issues and all the issues that have not been addressed. She thinks it is unfair to Carma as a developer to come into the middle of the mess when it hasn't been addressed with the residents that live over there. She thinks there issues need to be addressed before Carma comes in.

Public comment was closed at this point.

COMMISSIONER MARINO said there was a lot of public comment regarding the land swap and valuations. Would someone on Staff or the City Attorney clarify the position of the commission with regard to those items?

ROGER NOONAN said the Planning Commission's jurisdiction is not to evaluate the exchange of the property. That is a decision of the City Council, so the questions raised regarding the appraisal, questions about it, are legitimate questions for City Council but not for Planning Commission. Relative to the land swap, again, what the Planning Commission Staff Report deals with is the Modification, Modification Alternative and the rezoning. The exchange is up to City Council to determine if it is appropriate or not appropriate. Relative to the issues raised about whether an election is required or not, some of the language that was quoted wasn't exactly in the context of the City Charter; the City has exchanged parkland property for other property in the past, this is not different. The concept is equal value for equal size. That is the approach, the fact that the Charter speaks to an election only deals with a sale or lease of property. This is not a sale or a lease and that is why an election is not required.

COMMISSIONER MARINO asked Roger Noonan that, while they are important issues, they are not a part of the commission's decision this evening, correct?

ROGER NOONAN said that was correct.

COMMISSIONER PLOTKIN asked if it in any way relates to the rezoning issue?

ROGER NOONAN said from his perspective of planning, the commission doesn't get into the issue of whether a property value is higher or lower or in-between. The question is do you apply the standards in your Zoning Ordinance to the property for rezoning purposes and those standards do not call into play whether the economic value goes up or down.

MIKE ROCK followed up on the issues around the land swap. First, as it relates to the ROONEY VALLEY MASTER PLAN, having been involved from day one in the ROONEY VALLEY MASTER PLAN and all the agreements, the consistent theme throughout the ROONEY VALLEY MASTER PLAN is that compliance is voluntary and in no instances did the ROONEY VALLEY MASTER PLAN envision taking any property or requiring a developer to dedicate property to initiate the ROONEY VALLEY MASTER PLAN. So any place the City sees a buffer, the City's position, along with the Town of Morrison and Jefferson County, is that the creation of buffer zones required either the purchase of property from developers or the developer agreed to swap property. So when you see a buffer zone, that does not mean that that land, at any time, was changed in the zoning or allowable density. The City saw and does see the buffer zone as a benefit to the existing residents but not in a traditional sense. When you see buffer zones, they're there to protect against incompatible uses. That argument cannot be made here. The uses are essentially identical. Densities are not greater, values are not dramatically different, so the traditional reason for having a buffer zone does not exist. The buffer is there as an amenity. Not trying to protect either party because the City believes the uses are consistent, what the City believes the Planning Commissions role is to take a look at this from the land use standpoint. Do you think the development works better with the buffer or without the buffer? There has been discussion about Carma benefiting from this, Carma did not come to the City, the City approached Carma. Carma has never discussed value with the City except to say "If we owe you money, tell us how much and we'll make a determination as to whether or not the swap still works." Value has never been an issue as well. The City has made exchanges over the years, acre for acre. It does not require a public vote. There were a number of comments about hypothetical conditions placed on the appraiser; actually the appraiser appraised the property the first time with existing zonings. Existing zoning for the Carma property and existing zoning for the City property. The City ended up owing money. The conditions placed on the appraiser were: you are exchanging a piece of parkland for land that will become parkland. The acreage is slightly higher, the City is getting slightly more land than they are giving up and the value is slightly higher but only in a small way. The City is not going to have additional appraisals, there is no reason for a delay; the proposal can either go forward with the buffer or without. The developer is willing to do either one, but we believe, as the City, that the buffer is good public policy but is not required of either the developer or the Planning Commission. The City is also concerned about setting the wrong precedent when it comes to the City acquiring property. We acquire property in a variety of situations related to transportation acquisitions, development acquisitions, the City has consistently valued properties on the basis of valuing the properties as they are in the place they are with their current condition of utilities. Clearly, the parkland has no utilities and no value unless the rest of the development occurs. The City is very concerned about not setting a precedent for requiring the City to pay in value the value of the property acquired after the development occurs around it because the development increases the value of the property. That would mean that for every future acquisition the City made, of transportation corridors or anything else, the City would actually pay a higher value. As Mr. Noonan mentioned, the determination of value and the ultimate determination on the exchange is up to the City Council but the Planning Commission has the role of deciding whether this project is better with or without the buffer. The City believes it is better with it.

COMMISSIONER MARINO asked Roger Noonan if he would advise Planning Commission regarding some strong language pointing at some quasi-judicial items. Do we need to move forward as planned or not?

ROGER NOONAN referred to the idea that individual commissioners may need to excuse themselves. Those individuals did divulge their participation in the neighborhood meeting April 4, 2006 and indicated that in their opinion it did not taint their ability to sit on the Planning Commission for this public hearing. Roger reminded the commission that the decision about whether or not an individual has a conflict of interest or that they formed an opinion that would be considered inappropriate is the decision of that individual. It is not Rogers decision or the citizen's decision, nor can the Planning Commission choose to "boot off" one of the commissioners. It is up to that person to decide if they could fairly and justly hear the evidence and testimony and vote in an unbiased way. That is what Roger heard from the two individuals this evening. There was a modification of the application, in effect an amendment to the application that required the applicant to go back and start from square one. That triggered the referral meeting of April 4, 2006. In the context of this particular meeting, it was not quasi-judicial.

COMMISSIONER URBANOWSKI asked the applicant about the numerous writings received in their packets requesting the buffer be wider. He does not think the buffer size is clear to the commissioners.

CHRIS BREMNER, 9100 East Nichols Avenue, Englewood, Colorado 80112, answered as the development manager for Carma on this project. On the east buffer at the minimum point on Iliff Avenue is approximately 150 feet. At its maximum point at the top of the development, it is approximately 600 feet. How they determined this line is that there is an existing drainage line and they positioned this line on the west line of the buffer to maintain the integrity of that drainage for upstream development.

COMMISSIONER URBANOWSKI said he looked at the drainage area while he was at the site and it typically is 20-30 feet bank-to-bank making it fairly narrow out of the150 to 600 feet. One of the other oddities he wondered about was the graphics in the slide that said 21.77 acres.

CHRIS BREMNER said the exact acreage is 21.76 acres Carma is acquiring. So the 22-acres figure was just a rounded out figure.

COMMISSIONER URBANOWSKI said he is not particularly in agreement with the idea that the City is swapping exact land for exact land, high land versus other lands. Hypothetically, would Carma ever consider widening the buffer by roughly 20-30 feet to make up for the equivalent of the channel in there.

CHRIS BREMNER said yes they would consider that.

COMMISSIONER URBANOWSKI said he has heard a lot of discussion tonight about whether or not the land is locked in as parkland once it occurs or is it subject to developer whims if Carma were to, for some reason, sell it to someone else, could someone else come in and turn it into developable lots rather than leaving it as parkland? Once this process is completed, will the rezoning remain in place?

MIKE CONNOR, Property & Purchasing Service Manager, explained on the deed of a parcel of land, which has been accepted by the City, it would include that the land is accepted for park purposes and would then be subject to Charter provisions restricting it's use. So it really is guaranteed to stay as parkland.

COMMISSIONER URBANOWSKI wanted to know what is the City's position on Bandimere Speedway noise? Bandimere was built a number of years ago but as development creeps up on it, does Bandimere become in violation of City Noise Ordinances?

MIKE ROCK said the City really doesn't receive many complaints about Bandimere Speedway. The key is disclosure to buyers and the City would certainly expect Carma to disclose the existence of the racetrack and Robinson Brick to potential homebuyers. The City has no intention of closing down Bandimere Speedway or asking him to leave.

COMMISSIONER PLOTKIN said a number of residents who abut the park have expressed concerns about their park being swapped out and leaving them in a position of loosing sight lines. It looks to him like there continues to be a buffer between the neighbors and the new development. He is wondering what the benefit for the Modification Alternative would be? What would be the difference for those particular residents? He said he has been to the property and seen the plans and has a sense of what's contemplated in Carma's plan, the Rooney Valley Master Plan and the attempt to dovetail them. What would the impact be under the alternative and with the land swap?

KARA MUELLER said if you look at the last two sheets of the ODP Modification the homes would need to abide by the hillside development standards; you can see how one would see the backdrop. If the exchange did not go through, Carma could develop up to the property line and then the distance and views would be less.

DOUG REED said in either scenario there would be houses built to the west of the existing subdivision. They are trying to exactly replicate what the Master Plan says. If the City Council elects not to exchange the property, it's apparent that the new homes would be closer to the established homes. The homes continue to get further away with the buffer.

COMMISSIONER PLOTKIN said right now the land to the north of Alameda Parkway is park and to the south of Alameda Parkway is existing or projected park, correct? Commissioner Plotkin then said there is an enormous amount of open space and parkland there now. Is there any talk about creating a dog training area or is it appropriate within the buffer zone?

MIKE ROCK said, referring to the existing parkland, "That is correct". As far as the dog training area, he said that there is an area considered the dog park. City Council has been discussing having more dog parks within the community. However, the City would not be interested in having the buffer zone be a dog park.

ROSS WILLIAMS, Facilities Planner, said the City is looking at working with Carma to locate the existing dog training area within the existing Iron Spring Park area to the area further to the east that is in parkland already owned by the City. There are a lot of Rules and Regulations about dogs running loose in Green Mountain where there are a lot of runners and bicycle riders there. So we don't want to add confusion or potential conflict.

COMMISSIONER PLOTKIN said from the cities and developers standpoint, it's an equivalent trade. It does seem that Carma gets the better end of the trade and not to the detriment of Lakewood park users. From a park users standpoint it seems like an even swap and even from an animal migration standpoint, it seems like it is more consistent with the ROONEY VALLEY MASTER PLAN.

MIKE ROCK said from a park standpoint, having gulches and gully's and trenches is what the City considers a good thing unless you are planning for a ballpark. It could be argued all day whether the top of the hill is better than a gulch. He feels certain City Council will give consideration to this issue.

COMMISSIONER PLOTKIN said there was some discussion about the fact that the plats were established back in the 1980's and the zoning was established in the 1980's, to what extent is the school and the tax base a consideration for the rezoning or the modification of the ODP?

ROGER NOONAN said back in the 1980's the City did not have an ordinance that specifically required anything from the landowners relative to schools. Springfield Green at that time did enter into an agreement with the R-1 School District on their own, unilaterally. In addition, we do now have an ordinance that speaks to school issues and Carma has addressed that and has met with R-1 School District and apparently from the R-1 School District standpoint, their requirements are satisfied.

COMMISSIONER MARINO asked the applicant to follow up on the discussion with the R-1 School District.

CHRIS BREMNER said the R-1 School District had an old agreement of $300,000 towards new schools but the new ordinance is quite a bit higher and Carma has agreed to put that money towards the schools at Building permit time. So any time a new home goes up, Carma will pay a fee according to the City Ordinance.

COMMISSIONER ROHR asked if Consolidated Mutual Water had submitted a water plan at this time?

PAUL RICE, Principal Planner, said Consolidate Water had submitted a preplanning application but have not yet submitted a formal application.

COMMISSIONER ROHR asked if there is a location for the water tank yet or has that been addressed?

KARA MUELLER said that would come in front of City Council when the time comes if it is proposed on City property but there are options at this point.

COMMISSIONER URBANOWSKI added that there are six water tanks on the north side of Green Mountain.

COMMISSIONER ROHR asked if the issues that were brought up about Indiana Street had been addressed?

JOHN PADON, Traffic Engineer, said the major concern about Indiana Street was it's intersecting at Yale Street. The City has moved to a road design that gets the road much farther away from the existing residential than if they would take it to the east. John isn't exactly sure what the footage is but he thinks it's in the neighborhood of more than 80-feet and then it moves away as the street moves further to the north rather rapidly.

COMMISSIONER ROHR said he understands that Consolidated Mutual is only providing a certain number of water taps for this development and the sewer is being run through Metro Waste Water through Green Mountain. Has Carma completed the agreement with them at this time?

CHRIS BREMNER said Carma has agreements in place with Consolidated Mutual Water to supply water. He has a letter saying Green Mountain can accept their flows. Carma has not entered into an agreement because Carma's current metro district is not able to enter into an agreement until after the service agreements are completed.

COMMISSIONER ROHR asked if the Fossil Ridge Metropolitan District that Carma created goes before the City Council?

CHRIS BREMNER said that is correct.

COMMISSIONER SHEFFIELD asked how long has the sign been in place for a future through street at Iliff Street? There has been a great deal of concern about the street tonight.

JOHN PADON said the sign was placed there in 1998.

COMMISSIONER SHEFFIELD said there was much concern about crossing the Iliff area with the buffer that is proposed. Has the foot traffic, wildlife and so forth been addressed by Carma to handle the issues in that area?

CHRIS BREMNER said yes that has been addressed. Carma plans on creating several street underpasses since the traffic may be higher but not on Iliff Avenue, with the current topography an underpass would not benefit the area so they're going to do a half-grade crossing with all the proper traffic control devices to slow down traffic.

COMMISSIONER MARINO asked how would the wildlife corridor integrity be maintained with the road crossing it?

CHRIS BREMNER said they would go over the road and people would need to know to look out for the deer and other wildlife.

COMMISSIONER BROWN asked if there would be town homes in this development?

CHRIS BREMNER said they have designated an area to build town homes in one of three parcels. The town homes would not be allowed to be higher than 35-feet.

COMMISSIONER BROWN asked about a special tax district for the development or outside the development and if one would be formed here?

KRISTEN BEAR, Attorney for Carma Metro District, with the law firm of White, Bear & Ickley, 1801 Chase Center Drive, 80129, said Carma has proposed organization of metropolitan districts for this specific development. Last year Carma went through a service plan approval process with City Council that was approved conditionally. The condition was primarily that Carma came back to council with a financing plan, description and estimates necessary for public improvements in this area. The revenue sources for the metropolitan district would be derived from property taxes as well as certain fees imposed upon the property owners within this development.

COMMISSIONER MARINO asked if this development falls within the boundaries of the ROONEY VALLEY MASTER PLAN?

KARA MUELLER said yes it does.

COMMISSIONER MARINO asked if the land swap were approved, would those dog owners that enjoy the park right now still have an area to bring their dog and take them off the lease?

ROSS WILLIAMS said the City has been working on improving the area out there and working with Carma in finding a place to relocate.

COMMISSIONER MARINO acknowledged the comments on land swap, which is not in our prevue tonight. What the commission is voting on tonight is one of two things and depending on which way it goes, the rezoning would be applicable, correct?

PAUL RICE said that is correct.

COMMISSIONER MARINO wanted the audience here tonight to understand that what the commission would be voting on is a land use issue, what is compatible with the ROONEY VALLEY MASTER PLAN and what is in compliance with the Lakewood Comprehensive Plan. Many of this commission have participated in both of the processes of developing those plans. Many may know Commissioner Marino sits on the Joint Project Review Committee that chaired the Rooney Valley Master Plan. The commission is being asked to vote on land use with or without the buffer - not whether or not there is development. As much as all of us would like to have as much open space as we can, this particular parcel has entitlements associated with it's existing zoning and the landowner has rights. So the commission recommends approval with or without the buffer, a modification of an ODP that includes a land swap. But if it isn't recommended for approval, then it defaults to a non-land swap ODP. The commission has to vote on the land swap and if there is no rezoning then there is no land swap.

ROGER NOONAN said the commission has two issues; one is the modification, which has two aspects to it, the ODP Modification that reflects the buffer and the ODP Modification Alternative, which reflects no buffer. The second one is to rezone the property, which will need to be decided no matter what happens with the modification because the modification is a final decision by the Planning Commission unless it is appealed.

COMMISSIONER PLOTKIN asked if he is correct in understanding that the Rooney Valley Master Plan is advisory only and also that the existing zoning for this parcel existed before the adoption of the ROONEY VALLEY MASTER PLAN?

ROGER NOONAN said Commissioner Plotkin was correct. The Springfield Green Official Development Plan zoning was in 1982. The ROONEY VALLEY MASTER PLAN was adopted in 1998.

COMMISSIONER URBANOWSKI made the motion that the Planning Commission approve Case MO-05-007 as it is presented to the Planning Commission in Exhibit 1.

COMMISIONER PLOTKIN seconded the motion.

Motion carried by a vote of 6-0

COMMISSIONER URBANOWSKI made the motion in Case RZ-05-008, a request to rezone five parcels of land more fully described in Exhibit 2, to recommend City Council approve the rezoning in accordance with the Findings of Fact and Conclusion as presented in Exhibit 2.

COMMISSIONER SHEFFIELD seconded the motion.

COMMISSIONER PLOTKIN said the alternative is not as good as the main proposal for modification, which would require a land swap. Residents on both sides of the buffer would benefit from having it there. He strongly commends the Staff for it's negotiation with Carma and Carma for their negotiation with the City in attempting to achieve what has been set forth in the ROONEY VALLEY MASTER PLAN. The buffer was never a requirement of a project in this area so what they are achieving is something for the benefit of Lakewood and the current and future residents. To him this is a win-win situation.

COMMISSIONER MARINO said that as a member of the Rooney Valley Joint Master Plan Committee, sort of the keepers of the Rooney Valley Master Plan at the time, the first development in the valley of this scale needed to follow tightly the guidelines that were provided both in the Master Plan and the development guidelines. To have a developer of this quality is great for a start. While we all might like to see the valley as open space, it is just not feasible. Just like we all have rights to the land we own and want to build something on it, it comes with entitlements just like those that are associated with this land. He feels Staff has done a good job and echoes what Commissioner Plotkin had to say. From a land use perspective, having the buffer accommodates both the break between the two developments as well as the wildlife corridor and is exceptional land use and he will support it as well.

Motion carried by a vote of 6-0.

ITEM 3: APPROVAL OF MINUTES
No minutes needed to be approved tonight.

ITEM 4: GENERAL BUSINESS
There was no general business

ADJOURNMENT
Meeting adjourned at 8:40 P.M.

Vicki Kaufman, Secretary to the Planning Commission

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