Planning Commission Minutes - October 4, 2006
LAKEWOOD PLANNING COMMISSION
PUBLIC HEARING
MINUTES
October 4, 2006

COMMISSIONERS PRESENT
Bill Marino, Chair
Michael Rohr
Bunny Malm
John Plotkin
Rich Urbanowski
Tracy Sheffield
George Brown III

STAFF PRESENT
Rebecca Clark, Community Planning & Development Director
Gail Spencer, Administrative Manager
Olga Mikhailova, Principal Planner
Mark Doering, Principal Planner
John Padon, Principal Traffic Engineer
Anne Heine, Lead Development Review Engineer
Dieter Magin, Civil Engineer III
Vicki Kaufman, Secretary to the Planning Commission
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Following are the minutes of October 4, 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: RZ-05-001 Request of Darryl Propp, Terrace Point Partnership, to rezone property located at 7395 West Eastman Place.

GENE SUMMERS, Near Design and Planning, 10701 Melody Drive, Suite 305, Northglenn, Colorado 80234, stated that Terrace Point Plaza is a proposed commercial development sitting on approximately 5 acres. It will contain mid-size retail, small shops, and restaurants. It is the purpose of this development plan to integrate a common theme of standards for cohesive future development; to provide the basis for orderly development, synergy, and to create a sense of community that will shape commercial retail in the area in architectural style, landscaping and buffering.

DARRYL PROPP, 12600 West Colfax Avenue, Lakewood, Colorado 80225, is a native of the area and has been a successful businessman for 32 years as owner, co-owner or manager of approximately 900,000 square feet of commercial space in Jefferson County.

OLGA MIKHAILOVA, Principal Planner, entered into the record the Staff Report, case files and associated materials for Case RZ-05-001.

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

The public hearing was opened at 7:28 P.M.

No citizen's spoke to the request.

The public hearing was closed at 7:29 P.M.

COMMISSIONER ROHR asked about additional traffic on Wadsworth Boulevard.

JOHN PADON, Principal Traffic Engineer, stated that Wadsworth Boulevard is a state highway controlled by CDOT. This proposal was reviewed and approved by CDOT.

COMMISSIONER ROHR asked about mitigating loading dock noises during church services?

SUMMERS stated that the design team kept the entry roads for deliveries as far away as possible from the church.

COMMISSIONER PLOTKIN stated that he is concerned about the sustainability of this project and would like to get assurance that Mr. Propp has done the market analysis. Is there a timeline when this project would be completed?

PROPP stated that he has had the same partner for 35 years who will own 50% of the project. His partner specializes in retail development and has been very successful. The applicant plans on moving ahead as soon as the project is approved and major tenants are determined.

COMMISSIONER URBANOWSKI asked if the preliminary drainage flow goes across West Eastman Street as was stated earlier?

DIETER MAGIN, Civil Engineer III, stated that the proposal is to pipe the drainage flow underneath West Eastman Street to an existing sewer line that Kohl's built.

COMMISSIONER URBANOWSKI asked if there are safety rails required?

MIKHAILOVA stated that safety of citizen's is always a concern. Typically there would be landscape buffering such as hedges and bushes.

COMMISSIONER URBANOWSKI asked if there is any anticipated interaction between the church and this development?

PROPP stated that no, the church has never asked for any.

MIKHAILOVA stated that Staff would ask the applicant to provide access for church patrons.

COMMISSIONER SHEFFIELD stated that he does not see any ADA ramps or ADA connections between this development and Kohl's, only stairs.

MIKHAILOVA stated that there is an alternative ADA accessible route connecting Kohl's and the proposed development.

COMMISSIONER BROWN asked if the private drive would ever be changed to have a right-of-way off the private drive?

PROPP stated that there is a joint maintenance agreement with Kohl's.

COMMISSIONER BROWN asked if the trees in the median would be maintained as part of the maintenance agreement?

MIKHAILOVA stated yes.

COMMISSIONER BROWN stated that some of the retaining walls are built in a step fashion, is there anything to keep cars from going over the walls?

SUMMERS stated that the final design would be determined with the Final Grading and Final Site Plan.

COMMISSIONER MARINO stated that this case came in before Article 7 was in affect, would that change how the commissioners are supposed to review it?

CLARK stated no because even before the Performance Based Review Process was formally added, Staff was following the process.

COMMISSIONER URBANOWSKI asked if the public meeting in 2004 with only one person in attendance was the only notification for this case?

MIKHAILOVA stated that the applicant was willing to have another meeting if it was necessary. The applicant worked with the church and other business owners so another meeting wasn't necessary. She heard no complaints.

COMMISSIONER PLOTKIN asked if the applicant for the senior housing development proposed directly adjacent to this site had been contacted regarding this application?

CLARK stated that yes they had been contacted; this is also Darryl Propp's property.

COMMISSIONER URBANOWSKI stated that the Planning Commission adopts the Finding of Fact and Conclusion and moves to request APPROVAL by City Council of Case RZ-05-001 with the following condition: The applicant shall provide a signed correction free photographic mylar of the ODP before the case is heard by the Lakewood City Council.

COMMISSIONER MALM seconded the motion.

COMMISSIONER PLOTKIN stated that he wanted to voice his misgivings in terms of sustainability and is still concerned about not having any tenants at this time.

COMMISSIONER MARINO wanted to thank the applicant for embracing Article 7 and for having dialogue with the church and listening to their concerns. This shows the applicant is working with the adjacent land users.

Motion passed by a vote of 7-0.

ITEM 2: APPROVAL OF MINUTES
Minutes from the public hearing meeting of September 20, 2006 were approved. The vote was 5 ayes, 0 nays and 2 abstaining.

ITEM 3: GENERAL BUSINESS
CLARK introduced Mark Doering, the new Principal Planner.

MARK DOERING gave a summary of his work experience.

CLARK stated that Staff would like to move forward with an amendment to Article 17.

COMMISSIONER MARINO stated that it is remapping language.

CLARK stated that if a new zoning designation is adopted, there would be a 45-day appeal period and then the map amendment would become effective 45 days later.

COMMISSIONER MALM asked Clark what she needed from Planning Commission?

CLARK stated that Staff needs approval from the commission to move forward with the map amendment language, which would be introduced to the commissioners at their next meeting on October 18th.

COMMISSIONER MARINO stated that they would have Study Sessions October 18th and October 25th for further study of the transit mixed-use zoning issues.

COMMISSIONER MARINO stated that the commission would have a very important Study Session on October 18th. The Study Session on the 25th will be a review and execution by Staff of the debate and dialogue of the commission.

CLARK stated that November 1st would be a Study Session with Charles Choi and Ed Peterson attending.

ADJOURNMENT
Meeting adjourned at 8:30 P.M.

Vicki Kaufman, Secretary to the Planning Commission