Planning Commission Public Hearing Minutes - June 21, 2006

LAKEWOOD PLANNING COMMISSION
PUBLIC HEARING
MINUTE
June 21, 2006

COMMISSIONERS PRESENT
Bill Marino, Chair John Plotkin
George Brown III Michael Rohr
Tracy Sheffield

STAFF PRESENT
Becky Clark, Community Planning & Development Department Director
Paul Rice, Principal Planner
Olga Mikhailova, Principal Planner
Kara Mueller, Associate Planner
Ben Mehmen, Civil Engineer II
Anne Heine, Lead Dev. Rev. Engineer
John Padon, Principal Traffic Engineer
Vicki Kaufman, Secretary to the Planning Commission

Following are the minutes of June 21, 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:

ITEMS 1 & 2: PA-01-006 & FA-02-002 Request of James D. Thomas, Applewood Summit, LLC, for a preliminary map and a final plat to subdivide 5.81 acres at 12001 West Colfax Avenue. The cases were heard concurrently.

JAMES D. THOMAS, 11734 Applewood Knoll Drive, Lakewood, Colorado 80215, is owner of the 5.81 acres known as Applewood Summit Subdivision. Zoning and use have been in existence for over 20 years. This is a request for a simple subdivision that will have 15 single-family home sites, ranging in size from 8,100 sq. ft. to 15,700 sq. ft. with one commercial lot of less than one acre.

KARA MUELLER, Associate Planner, entered into the record the Staff Report, case files and associated materials for Cases PA-01-006 and FA-02-002.

COMMISSIONER MARINO accepted the items for inclusion into the case records.

DONALD HEAD, 12101 West Colfax Avenue, Lakewood, Colorado 80215, is the owner of the Cottage Inn and he wondered whether or not the elevation of Urban Street would be brought down to the height of Colfax Avenue. He said he doesn't care for the idea of a five foot sidewalk and wonders why a right-in and right-out only are necessary. He thought maybe there should be a streetlight across Colfax Avenue where Wide Acres is. There are people driving in and out all the time so it seems it would become kind of congested. CDOT needs to consider the people and businesses along Colfax Avenue.

WILLA MAE STEIN, who lives at 1700 Urban Street, Lakewood, Colorado 80215, said she has lived at the end of Urban Street for about 14 years and is concerned about what CDOT wants to do. She would like to know how she is supposed to get home from the west? She is also concerned about the number of homes being proposed. It will be a bottleneck there if the developer is allowed to put in 19 homes.

DAVID BLASHILL, 1701 Urban Street, Lakewood, Colorado 80215, has been in his house 23 years. He wanted to reiterate what Willa Mae Stein said about the traffic and wondered why a stoplight could not be put in on Colfax Avenue. It also does not seem reasonable to him to have that many houses on 5.81 acres.

COMMISSIONER MARINO closed public comment and opened commissioner questions.

COMMISSIONER PLOTKIN asked if the decision to have a traffic light at the intersection is under CDOT's control because Colfax Avenue is a highway? What would be the standard to have a signal light versus a median?

JOHN PADON, Principal Traffic Engineer, said the lowest standard requirement for putting in a traffic light is 53 vehicles an hour entering from Urban Street on the minor approach or 400 vehicles a day. The proposed development would bring in 17 vehicles in a peak hour, or about 170 vehicles a day. The standard for CDOT is 105 vehicles an hour, or 900 vehicles a day. It is CDOT's decision but Lakewood, being the issuing authority, makes a recommendation. Beyond that, CDOT has a policy of signals at mile increments for progression, ½ mile if necessary. There are lights now at Simms Street and Welch Street, which are ½ mile apart. The restrictions for left turns are because Union Street and Wide Acres turn onto Colfax Avenue from the south side and Urban Street turns onto Colfax Avenue on the north side. There are plans in the future for medians on Colfax Avenue at this intersection but not now.

COMMISSIONER BROWN wanted to be sure the final decision on the traffic light is up to CDOT and asked if the density of homes were less, would that change CDOT's decision on the median placement on left turn restriction?

JOHN PADON said the neighbors could appeal to the Access Board of CDOT but they would probably deny their request. The only other course of action would be for the neighbors to take CDOT to court if they want to go that route. CDOT would not change their decision on the median if fewer homes were built there.

COMMISSIONER ROHR said there is a proposed 16th Avenue to be built as an access street that would take traffic to Viewpoint Street and you can make a left out off of Viewpoint Street but there is no light there either. Are the neighbors going to have to wait years to get the left-in and left-out?

JOHN PADON said that is correct. Through the First Bank parking lot the City is looking at providing a cross access easement along the northern portion of the parking lot so the neighbors could get to the light at Welch Street. John said the City's planning placed the secondary stub at the best location possible but he didn't say what kind of timetable there would be. It would not be easy to get any connectivity for the neighbors.

COMMISSIONER PLOTKIN asked the applicant what his plans are for the commercial parcel? What types of uses are allowed for the commercial property?

JAMES D. THOMAS said there is no plan at this point for the commercial property. He has discussed uses with different people but there is no agreement at this time.

KARA MUELLER said the property could be office, retail, or convenience retail.

COMMISSIONER PLOTKIN asked if there were any title issues?

JAMES D. THOMAS said there are no title issues.

COMMISSIONER PLOTKIN also asked if the applicant would be building the homes and what about the neighbors concern about the grading issues?

JAMES D. THOMAS explained he would be grading the land but not building the homes. He doesn't feel the grading would change significantly.

COMMISSIONER PLOTKIN asked if the applicant would be granting the homeowners to the north an easement?

JAMES D. THOMAS explained that the easement to their property has existed since the 1930's. Urban Street is a driveway easement for the neighbors. Urban Street will become a public right-of-way and access has been preserved on the plat for both Mr. Blashill and Mrs. Stein. In fact, there will be an easement for Mr. Blashill whose driveway has migrated north over the years.

COMMISSIONER ROHR asked if the detention pond was wet or dry and if it would be landscaped appropriately with a fence so there is no potential hazard to children?

JAMES D. THOMAS said he believes the detention pond will be mostly dry. The landscaping for the detention pond will be according to City regulations and it will be maintained. The detention pond is wide and long rather than deep.

COMMISSIONER ROHR than said there is a 20-foot storm drainage easement on the map that goes from the back of Lot 9 into the existing neighborhood to the east. Will that be landscaped and taken care of?

KARA MUELLER said the neighborhood he is referring to is Taft Farms subdivision and that the detention pond was located on Mr. Thomas's site so that drainage could be taken through the storm drainage easement out to the cul-de-sac on Taft Way. There is an existing easement in Taft Farms subdivision that was dedicated to take these flows out to Taft Way. There is a swale within this easement that cannot be encroached upon or built upon and fences must be located outside the easement. It will be kept open so the City can go in and do maintenance.

COMMISSIONER SHEFFIELD asked if there is an Action Plan showing access for emergency vehicles and the neighbors during the construction process?

JAMES D. THOMAS said there would be a temporary road constructed on one side or the other of Urban Street while Urban Street is being reconstructed, Urban Street can be used, as it is today and then, when the cul-de-sac is complete, the temporary road will be built to the side and emergency vehicles can go up to the cul-de-sac and up to the neighbors homes while the balance of the street is being built. Since there is only one access road, construction of the street will have to be done in phases.

COMMISSIONER SHEFFIELD asked Staff if the road would be an all weather road? The response was yes.

COMMISSIONER MARINO asked Staff to specify whether or not ingress and egress onto Colfax Avenue is a City of Lakewood decision?

KARA MUELLER said it is not, referencing John Padon's previous response. Staff could ask Mr. Thomas to contact CDOT but he has already received a letter from CDOT stating their issues with a right-in and right-out. The City makes a recommendation but it is CDOT's decision.

COMMISSIONER MARINO also asked for clarification on the density issue. In the case tonight, is the Planning Commission making a decision on whether or not the density is appropriate?

KARA MUELLER said the applicant meets the density requirements for 1-R and 3-R zone districts, which are the zone districts already in place for this property.

COMMISSIONER PLOTKIN made the motion, based upon the evidence before the commission and the recommendations of Staff in the Staff Report, to move the application for a preliminary map and a final plat, Case Numbers PA 01-006 and FA-02-002, be APPROVED subject to the qualifications in the Staff Recommendations such as "that the applicant shall submit a correction free mylar".

COMMISSIONER SHEFFIELD seconded the motion.

Motion passed 5-0.

ITEM 3: APPROVAL OF MINUTES
Minutes from the Public Hearing meeting of May 3, 2006, were approved by a vote of
5 ayes and 0 nays.

ITEM 4: GENERAL BUSINESS
COMMISSIONER MARINO reminded the commissioners of the public hearing to be held next Wednesday at 6:00 P.M.

KARA MUELLER mentioned the packets for next week's hearing should go out tomorrow morning.

ADJOURNMENT

Meeting adjourned at 7:50 P.M.

Vicki Kaufman, Secretary to the Planning Commission