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COMMISSIONERS PRESENT
Bill Marino, Chair
Michael Rohr
Rich Urbanowski
Tracy Sheffield
George Brown III
COMMISSIONERS ABSENT
Bunny Malm
John Plotkin
STAFF PRESENT
Rebecca Clark, Community Planning & Development Director
Olga Mikhailova, Principal Planner
Holly Boehm, Principal Planner
Ross Williams, Facilities Planner
Andrea Thompson, Associate Planner
Anne Heine, Lead Development Review Engineer
Ben Mehmen, Civil Engineer II
Vicki Kaufman, Secretary to the Planning Commission
INDEX_______________________________________________________________________
ITEM 1: SU-06-004 Request of Michael Kavanagh with Newpath Networks to co-locate
telecommunication equipment to twelve (12) Xcel light poles in the Green Mountain
area. The majority of the area is zoned PD (Planned Development) with single-family
residences as the predominate land use.
ITEM 2: PL-06-002 Request of Ross Williams, Community Resources Department,
to recommend that City Council approve the Ray Ross Park Master Plan. The park
is located at 680 South Harlan Street.
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Following are the minutes of August 16, 2006 Lakewood Planning Commission Public
Hearing. A permanent set of these minutes is retained in the office of the City
Clerk.
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The roll having been called, a quorum was declared and the following business
was conducted:
ITEM 1: SU-06-004 Request of Michael Kavanagh with Newpath Networks to co-locate telecommunication equipment to twelve (12) Xcel light poles in the Green Mountain area. The majority of the area is zoned PD (Planned Development) with single-family residences as the predominate land use.
MICHAEL KAVANAGH, CEO of Newpath Networks, spoke first saying they are based out of Seattle, Washington and have a lot of experience in computer hardware and software. They are dedicated to helping wireless carriers solve their problems with communication. When they put a network in, they put enough fiber in to allow all carriers to use it. In the Green Mountain area 250 users dropped T-Mobile and went to another provider because of problems with dropped calls. To solve the problem, Newpath Networks will take a fiber fed network of antennas and drive it from one central location minimizing the amount of equipment needed. They place the equipment in the public right of way and use existing structures to blend it in to the community. The proposed central hub would be at the intersection of Union Boulevard and Jewell Street, where the Masterpiece Cake Shop is right now. From there the fiber route would go to the 12 Xcel light pole nodes. There would be three types of metal light poles to be sure the light patterns around peoples homes would not change. Each light pole would extend six feet higher to accommodate the antennas. They will not need to go into the antennas to add a carrier. There will be a 6-foot by 6-six foot vault, which will be flush with the ground and have a non-stick surface where the fiber fed repeaters will be installed. To open the vault itself there is a hex key and that will allow a technician to go in and make any repairs. There will be vents on the poles to allow for proper venting and no vents on the ground. On the hub itself, which does contain the carrier base station equipment, the right hand side is where the electronics will go below street level with shrubbery above it. There is additional space to accommodate future carriers. The neighborhood issues were: First the vents for the vaults, which was addressed by putting vents on the light poles; Second was vandalism, which they hope to avoid by taking everything off the ground and burying the robust fiber line; Third was disruption of the neighborhood, they will be boring rather than trenching and providing temporary lighting while the poles are changed out. The maintenance will be provided in the public right of way with low impact. Landscaping will be restored and all nodes will be monitored by a 24x7 operation center that will be fully manned and all the equipment is monitored at all times. If there is a problem they will send out their local maintenance crew and they will coordinate with Xcel if needed.
COMMISSIONER MARINO asked about the nature of the community input, how the applicant addressed the issues and if the citizen's were aware of their changes?
MICHAEL KAVANAGH said they had a meeting with the neighborhood the end of August and solicited feedback. The greatest concern was the venting. The applicant went back and changed the vents so the vents would be on the poles rather than on the ground. The vandalism and the disruption in the neighborhood were the other concerns. The applicant feels they have done everything possible to prevent the vandalism and the landscaping will be restored. The applicant then called the neighbors with concerns and talked to them directly.
ANDREA THOMPSON, Associate Planner, entered into the record the Staff Report, case files and associated materials for Case SU-06-004.
COMMISSIONER MARINO accepted the items for inclusion into the case records.
ROBERT MITCHELL of 13760 West Harvard Drive, Lakewood, Colorado 80228, lives
just outside the bounds of notification but he looses his cell connection every
time he drives up Alameda Parkway and feels this is something that is very deeply
needed.
LAURA BOGGS who lives at 1375A South Ward Way, Lakewood, Colorado 80228, wanted to publicly thank Mike Kavanagh and Charlie Augello for all of their efforts. She was the neighbor who had concerns about the vents and she feels they "bent over backwards" to accommodate her concerns and kept her well informed.
Public comment was closed at this point.
COMMISSIONER URBANOWSKI asked what the estimated time of construction is?
MICHAEL KAVANAGH said it is usually two to three days per light pole.
COMMISSIONER BROWN asked if there is only one hex key on the vault and is there an alarm on the door? What has been there experience with vandalism?
MICHAEL KAVANAGH said there is only one hex key and there is an alarm that sounds if the door is opened. The vault is flush mounted so it can't be broken into.
COMMISSIONER SHEFFIELD asked about the potential of health risks.
MICHAEL KAVANAGH said the transit power is lower than the safety limits for the light poles themselves.
COMMISSIONER ROHR asked about the difference in frequencies for cell phones versus Green Mountain Water District, for example, so they don't interfere with each other.
MICHAEL KAVANAGH said they are using 850 mghz and 1900 mghz licensed cellular and PCS bands. What the water board uses does impact some Nextel frequencies but they have gone on a nationwide rebanding right now to get out of the public safety frequencies. If and when they come on board, the applicant will be sure they are in compliance with other frequencies. The important thing to remember is that this is a licensed frequency and so it would be up to the operator to be sure it does not interfere.
COMMISSIONER ROHR mentioned being concerned about the signs because it was hard to tell which of the light poles should be posted and there was no sign on most of the light poles when he went out on Saturday. This was taken care of on Monday. Also, was Consolidated Mutual Water District notified because of their potential tank to be located on Green Mountain?
ANDREA THOMPSON said the signs were posted again on Tuesday afternoon. Staff thought they might have blown down in the wind. A CPD Staff person noted the signs were posted on Thursday and Friday. In regards to the notification, Staff did not notify Consolidated Mutual Water because their name did not come up at this time.
BECKY CLARK, Community Planning and Development Director, said we can notify the water district after the fact.
COMMISSIONER BROWN wanted to know what happens if a citizen has an issue with the landscape after it is put back or the color of the pole isn't right? Who in the city can they talk to?
ANDREA THOMPSON said they could talk to her and she would tell the applicant.
BECKY CLARK said it would become a Code Enforcement issue and so a Code Enforcement Officer would go out and check on it.
COMMISSIONER SHEFFIELD wondered if, at a later date, the applicant could come in without going through any process and make the antennas higher or bigger? He also asked about the one wooden pole and how the vent on that would work?
ANDREA THOMPSON said they could possible go about another foot higher but if there was any significant difference the applicant would have to come back in.
MICHAEL KAVANAGH answered the question about the wooden light pole explaining none of the new poles would be wood.
COMMISSIONER MARINO asked if there were any concerns expressed by the citizen's that were not addressed here tonight?
ANDREA THOMPSON said there were none.
COMMISSIONER URBANOWSKI then moved, in Case# SU-06-004, that the commission accept the proposal as presented in the Staff Report including the Summary and Recommendations that are at the end of that report as Findings of Fact and Conclusion. And that the Planning Commission approve the Special Use Permit given those findings.
COMMISSIONER BROWN seconded the motion.
COMMISSIONER MARINO said he appreciates the applicant working with the citizen's and the citizen's getting involved.
Motion was approved by a vote of 5-0.
ITEM 2: PL-06-002 Request of Ross Williams, Community Resources Department, to recommend that City Council approve the Ray Ross Park Master Plan. The park is located at 680 South Harlan Street.
ROSS WILLIAMS, Facilities Planners for the Community Resources Department, said Community Resources has not been before Planning Commission for a long time. The purpose of bringing the plan here tonight is to request Planning Commission look at the Ray Ross Park Master Plan to see if it is in compliance with the Comprehensive Plan and recommend it's approval by City Council for future construction. Ross entered into the record the Staff Report, case files and associated materials for Case PL-06-002.
JAMES CHILDS who lives at 425 South Ingalls, Lakewood, Colorado 80226, said the park is an eyesore and has not been maintained. Mr. Childs begrudges the "lack of use" being the reason to take away the pool. He loves the baseball and football fields but he thinks baseball can be played at All Star Park two blocks away.
Eric Nelson who resides at 796 South Gray Street, Lakewood, Colorado 80226, has two concerns - security and privacy. He would like to see a privacy or a security fence put up but otherwise he is excited about the park. The pool isn't an important issue to him.
Public comment was closed at this point.
COMMISSIONER BROWN asked what is a "splash play area"? And are there curbs and gutters planned along Harlan Street?
ROSS WILLIAMS said a "splash play area" has no standing water but there are spray patterns that are scheduled to come on at different times for the kids to play in. There are plans to put curb and gutter and sidewalks along Harlan Street.
COMMISSIONER BROWN asked how they determine the size of restrooms? Are they open or closed at certain times?
ROSS WILLIAMS said they rely on the architects to determine restroom size but expect to see them look a lot like the ones at Addenbrooke Park where there are the same amount of sports fields. Currently the restroom areas are only open during sports season. Staff will evaluate the open times after the plan is approved.
COMMISSIONER BROWN asked what are the pros and cons to a swimming pool?
Also, what about the issue of a privacy fence? What is the difference between
a privacy fence and a security fence?
ROSS WILLIAMS said swimming pools are very expensive to replace and it won't work on the new park size. Another consideration is that the indoor pool at "The Links" is less than a mile away and records show that more people go there now than stay at the Ray Ross Park pool. Staff found at Addenbrooke Park that the neighbors wanted a fence and then asked to have it taken down within a month but they would work with neighbors who do want a fence. A security fence is more open but a privacy fence would keep people from looking in.
COMMISSIONER BROWN asked about how many driveways there are into the park and how many there will be? Will the driveways be both left and right turns?
ROSS WILLIAMS said there would be about the same amount of driveways and cars can turn left or right.
COMMISSIONER SHEFFIELD loves this plan and thinks the area really needs an upgrade. Would the skate board park be similar to the one built on Alameda further east? Children have a tendency to run out into the street by the other skate board park.
ROSS WILLIAMS said they would look at a fence around the Harlan Street entrance.
COMMISSIONER URBANOWSKI said he thinks this is a good plan that needs additional considerations, those of a park planner. This is quite close to the Gold Crown fields so why not use them?
ROSS WILLIAMS said the Gold Crown fields are built for high school and above. There are no accommodations for the younger players so it doesn't work for the younger crowd.
COMMISSIONER URBANOWSKI said he heard Ross mention there are other areas that may be able to be used for sports and Ross said that is correct.
COMMISSIONER URBANOWSKI also wondered if there would be lighting around the pedestrian trail?
ROSS WILLIAMS said the community suggested low-level lights.
COMMISSIONER URBANOWSKI asked how much more parking would there be? Will they use the parking area for the school for overflow parking?
ROSS WILLIAMS said they will gain two spots but added that they are trying to stay in compliance with landscape requirements in Article 15. The school is used for parking.
COMMISSIONER URBANOWSKI asked if curb and gutter are put in on Harlan Street will there be a need to add a detention pond?
ROSS WILLIAMS said Martin and Martin did the Preliminary Drainage Report and are looking at inlets collecting on Harlan Street, taking the drainage through to another detention pond on the east side and a detention pond in the Levy Subdivision then into Weir Gulch. They will be creating a new drainage system within the park.
COMMISSIONER URBANOWSKI also wondered about a roller hockey rink. It seems like a reasonable alternative to have people go to "The Link" for the swimming pool. He suggested Staff be sure signage and maybe even temporary transportation, as a mitigation measure, would help get people going to the Link.
ROSS WILLIAMS said there is not that much demand for an outdoor roller hockey rink here but they are considering creating one at O'Kane Park. He agreed that Staff would certainly be doing all they could to get the word out about the other parks and recreation facilities in the city.
COMMISSIONER ROHR said when he visited on Saturday, there were cars parked all over the grass area and on the north side where it's posted "No Parking". If the plan doesn't accommodate more parking this will happen again.
ROSS WILLIAMS said what Staff is hoping for is an acquisition of land or some undeveloped land close by that may be able to be used, thus opening up more land for parking. It will take time and money for any of these things to be resolved.
COMMISSIONER ROHR mentioned that the school is losing ground and so how do the school and the school district feel about this? He feels this plan would benefit the neighborhood and all parties involved greatly. With the Link pool within a mile, it seems more of the citizen's would benefit from the park having fields to use.
ROSS WILLIAMS said the school and the school district have a good relationship with Staff and they have very open communication. The principal is very excited about the plan and Staff will work closely with them as time goes by.
COMMISSIONER MARINO asked Ross to clarify what action he is asking the commission for tonight?
ROSS WILLIAMS said they are asking for Planning Commission to recommend City Council approve the plan. If the commission has some issues like fencing they would like added they can put them into the resolution. Secondly, that the commission feels the plan is in conformance with the Comprehensive Plan.
COMMISSIONER MARINO wondered how many public pools there are in the city? Staff consideration is to have pools in equal quadrants around the city. Does Ross feel the pool inactivity is because of disrepair?
ROSS WILLIAMS answered saying there are four outdoor pools and four indoor pools in operation, Staff has tried to accommodate all the citizens. He said the Ray Ross pool itself is in great shape. The mechanical system does need some work but most people don't see that. The shell of the pool is in great shape, the locker room facilities are showing their age. Ross said there have been discussions with the city recreation staff, the aquatic staff and talks about how to increase the numbers at this pool and their decision is to get rid of this pool.
COMMISSIONER MARINO wanted to discuss parking, pointing out that Ross discussed the potential for having more parking if the acquisition they hope for goes through. Is that what they are basing their decision on? Does he believe the other strategies would work for expanding parking? Wouldn't the new park be used more?
ROSS WILLIAMS said they do believe the other strategies would work. There is not a lot of room at this site to accommodate parking and maintain the standards that all development must adhere to for parking. He believes the new park would not be used more because there are three fields now and three proposed for the new park. The rest of the activities at the new park would be within walking distance of those who use the other activities most.
COMMISSIONER MARINO said he has heard the commissioners express concern about the parking problem and you have an alternative strategy plan in place for that. The pool issue, the commitment for low lighting along the walking path and signage to help inform residents of the availability of the other pool in the area have all been addressed. Regarding the fencing issue, what he would recommend is for the city to follow the same process as anyone else. If one neighbor wants a fence and one neighbor doesn't, enter into dialogue with both of them using the Performance Based Review Process to resolve the problem.
ROSS WILLIAMS sited an incident at the Link where some of the neighbors have 8' fences, some have gates, some don't and some neighbors just wanted to have a chain link fence. Staff wants to work with the neighbors, to be a good neighbor and to mitigate their concerns.
COMMISSIONER MARINO asked if it is safe to say if residents want some type of fence to maintain their privacy or security the city would agree to provide it?
ROSS WILLIAMS said yes.
COMMISSIONER MARINO then asked if there were citizen's at the meeting tonight who wanted to speak again?
ROBERT MITCHELL, 13760 West Harvard Drive, Lakewood, Colorado 80228, said he is confused about the three proposed fields, what would happen if they would take one of the fields out? In order to make parking adequate you will alternate the timing of the games but what difference would that make when all three fields are filled?
ROSS WILLIAMS said Staff did not recommend fewer fields because the city does not have adequate capacity for ball fields now.
COMMISSIONER MARINO said that tonight we are not resolving the parking issue but he has confidence that Staff can resolve the problem.
ROBERT MITCHELL said there are many times when his family would like to use the Green Mountain pool but the high school kids are there and so his family just goes back home and don't use the pool.
COMMISSIONER MARINO said he and his family go to another pool if one is being used and they encourage and support the schools use of the pools.
DANIEL PARSONS of 736 South Gray Street, Lakewood, Colorado 80226, said his home is backing up to the ugly stuff on the park, the detention pond and the old shed.
COMMISSIONER MARINO asked Ross if they would work with this neighbor?
ROSS WILLIAMS said Staff would work with all the neighbors along that side and are looking into the possibility of sod along the park area Mr. Parson's is talking about.
COMMISSIONER MARINO asked Ross who the citizen's could contact?
ROSS WILLIAMS said if the residents want to give him their name and phone number and an email address they can, or email him or give him a call. When they get further into the process, he will contact the registered property owners in the area, according to the Accessors records and talk with them about what they would like to see happen on their park side.
COMMISSIONER URBANOWSKI said it is typical of applicants to grass over the detention ponds to make them aesthetically pleasing. He pointed out that Ross did mention facade improvements.
COMMISSIONER MARINO encouraged the citizen to get involved in the process.
JAMIE CHILDS who resides at 425 South Ingalls Street, Lakewood, Colorado 80226, asked how much water is going to be wasted in the air when it is 100 degrees outside? Also, why can't the skateboard park be moved to Bel Mar or Lasley so this park could have more parking? This park has never been maintained and she has lived here all her life. Why wasn't this park maintained? They have never correctly fixed the parking lot and they have never fixed the park next to the pool so it would be more enjoyable. Another concern is why is there only a half basketball court proposed? She and her friends, who are in their 20's and have lived in the area all their lives, would like to enjoy this park. And how long will it take to be completed?
ROSS WILLIAMS said the design of the water spray facility will allow it to recycle the water and yes, in drought years like 2002 they may consider turning it off. The citizen's who came to the meetings are the ones who requested a skateboard area at this park, which is why Staff included it. The city took over this park in 2000 and have had the maintenance crews out, getting good reviews for what they have done to maintain it. This park has been in existence since 1947. They have tried to maintain the facility the best they can but did feel it is time for an upgrade rather than just to fix the problems.
ROSS WILLIAMS said the half basketball court is because Staff research has
shown that is the best way to have basketball courts. Rather than one group
using the full court, two groups can use the half courts and there are fewer
problems that arise. Staff is still trying to line up funding to do the complete
build-out of the project. The earliest start date will probably be next August
or September after the ball fields are no longer in use for the year. If funding
is in place, Staff hopes to do the entire project at once.
COMMISSIONER MARINO said interested parties can find information from flyers
- posters - Channel 8 - and the city website. Please do get involved.
BECKY CLARK suggested the Planning Commission make this a motion as they normally would on any case that comes before the commission. And base it on Finding of Fact in the Staff Report as well as your recommendations.
COMMISSIONER SHEFFIELD suggested signage towards the end of the year might be a good idea to remind people of the pools in the area since the pool will be open through next year.
COMMISSIONER URBANOWSKI made the motion, in Case PL-06-002, to recommend to Lakewood City Council that they adopt the revised Ray Ross Park Master Plan based on the information the commission has heard tonight, the report provided as well as the diagrams provided to the commission, realizing this is not a final plan but it is a reasonable estimate of the final product subject to a number of specific refinements yet to come including lighting, potential parking, final drainage issues, and other site permitting issues. Also incorporating additional public comments, consideration of actual park uses, park alternatives and fencing considerations with the adjacent neighborhoods. These items are to be finalized prior to final construction drawings but generally are at a reasonable draft level to allow Planning Commission to recommend approval to City Council also recognizing that it is in compliance with the Lakewood Comprehensive Plan.
COMMISSIONER ROHR seconded the motion.
COMMISSIONER URBANOWSKI then said it is his intent to recommend this document for approval by City Council understanding that it is clearly not a final document subject to all the considerations brought forward tonight plus some that may come from the public later but it is a near final product and he feels it is worthy of going forward.
Motion passed by a vote of 5-0.
ITEM 3: APPROVAL OF MINUTES
Minutes from the public hearing meeting of August 16, 2006 were approved with
corrections. The vote was 5 ayes, 0 nays.
ITEM 4: GENERAL BUSINESS
BECKY CLARK said that Chairman Marino had a discussion with the Director of
Community Resources talking about the Action Steps where it says, on Page 3,
"To update the Community Resources Master Plan and adopt it as an amendment
to the Comprehensive Plan". In fact, the city does not have a Parks Plan
that has ever been adopted as a part of the Comprehensive Plan. So we really
did take things a little bit out of order tonight but she was really quite pleased
to see that this was even brought forward for the commission's consideration.
In the immediate past that hasn't happened.
COMMISSIONER MARINO wanted to thank Ross Williams. He knows it was important
to past commissions as well as this commission to be able to be a party to your
planning process. The commission does appreciate it.
BECKY CLARK went on to say the Planning Commission will have a briefing by the consultants after they do the whole entire masterplan when they will come to a Planning Commission Study Session and then to council for a Study Session after which they will ask for the commission to adopt and so it will then become an amendment to the Comprehensive Plan, as it should be.
COMMISSIONER MARINO said the Director of Community Resources briefed the commission on that at a Study Session where they outlined the process, showing them some of the surveying results.
BECKY CLARK said once the master plan is adopted as an amendment to the Comprehensive Plan the commission should be making motions like they normally do on cases. And, in fact, you should probably set up a process by which it is brought before Planning Commission very similar to your other cases. Then you can instill the concept as well as the practice of the Performance Based Review Process and that is also very important. Prior to this time the dialogue portion has been omitted.
COMMISSIONER MARINO said that Parks and Recreation Division have not followed the adopted process or the internal process in the past and it has caused some consternation. He believes the commission offers the council a service offering some recommendations for their consideration as this moves forward. He thinks it's great and hopes Staff will give it some thought and the plan will be refined a bit as it moves forward.
BECKY CLARK said it is her hope that in the future Planning Commission will be able take a more important role in the approval process. Once the Masterplan is adopted and make an amendment so that any changes to it will need to come back to the commission.
COMMISSIONER MARINO said when they were creating the Action Plan there was a great deal of consideration given as to how to address Parks and Recreation because they had operated independently of the commission for a long time. The commission has tried to work with Parks and Recreation now. He is pleased to see this happen.
BECKY CLARK wanted to point out that the city has received some awards recently. One was to the Continuum Partnership by the American Institute of Architecture for the Bel Mar project, a Colorado State award. The second was to the Creekside Project, aka the WalMart project on the corner of Colfax Avenue and Wadsworth Boulevard who received the Governor's Award for downtown excellence submitted through the Colorado Communities Revitalization Association. So Lakewood is getting some pretty good notoriety.
COMMISSIONER MARINO congratulated all involved.
BECKY CLARK said the congratulations include the Planning Commission as well because these projects came through for their review.
There will be a case brought forward on October 4th and then two Study Sessions on October 18th and the 25th for review of the light rail cases again.
BECKY CLARK also said there will be a Planning Academy next Wednesday, then Oct. 11th, Oct. 21st, and November 11th.
COMMISSIONER MARINO said they would like a new calendar with the new dates for light rail issues. He also said the Study Session with City Council was a good meeting.
COMMISSIONER MARINO requested to have Paul formalize the training sessions for November 1, 2006 with Charles Choi.
ADJOURNMENT
Meeting adjourned at 9:30 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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