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LAKEWOOD PLANNING COMMISSION
PUBLIC HEARING
MINUTES
November 1, 2006
COMMISSIONERS PRESENT
Bill Marino, Chair
Michael Rohr
Bunny Malm
John Plotkin
Rich Urbanowski
Tracy Sheffield
George Brown III
STAFF PRESENT
Stephen Burkholder, Mayor
Councilman Ed Peterson
Roger Noonan, City Attorney
Paul Kennebeck, Deputy City Attorney
Rebecca Clark, Community Planning & Development Director
Roger Wadnal, Comprehensive Planning & Research Manager
Gail Spencer, Administrative Manager
Paul Rice, Principal Planner
Olga Mikhailova, Principal Planner
Mark Doering, Principal Planner
Holly Boehm, Principal Planner
Rob Smetana, Principal Planner
Jonathan Wachtel, Associate Planner
Amy DeKnikker, Associate Planner
Kara Mueller, Associate Planner
Tina Dill, Associate Planner
Andrea Thompson, Associate Planner
John Padon, Principal Traffic Engineer
Jay Hutchison, City Engineer
Anne Heine, Lead Develop. Review Engineer
Ben Mehmen, Civil Engineer II
Vicki Kaufman, Sec. to Planning Commission
Following are the minutes of November 1, 2006 Lakewood Planning Commission Public
Hearing. A permanent set of these minutes is retained in the office of the City
Clerk.
ITEM 1: ROLL CALL The roll having been called, a quorum was declared and the
following business was conducted:
ITEM 2: PL-06-005 Request of Mr. Mike Rock, City of Lakewood, to adopt proposed amendments to Lakewood Comprehensive Plan for the inclusion of the West Corridor Light Rail Station Area Plans, PL-06-005.
ROGER WADNAL, Comprehensive Planning & Research Manager, 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 7:07 P.M.
RICH HOSS, 1372 Zephyr Street, Lakewood, Colorado, 80226, stated he was in favor of this plan. He complemented Staff on the work they've done but felt it could have been denser.
DIANE DODGE, PO Box 1972, Evergreen, CO 80437, wanted to know about the Performance Based Review Process, what it is, where it came from, etc.
COMMISSIONER MARINO stated that the Performance Based Review Process is an adopted section of the Lakewood Comprehensive Plan, which provides guidance for land use in general. The Planning Commission added that all land uses should respect the adjacent land use and enter in to dialogue with the land users. Respect and dialogue is the base for the Performance Based Review Process. Staff has always done this but now they have an ordinance to refer to.
COMMISSIONER PLOTKIN stated, as an example, a buffer created with trees can be something else proposed by the developer with different results to achieve the same affect.
The public hearing was closed at 7:14 P.M.
There were no commissioner questions related to this case.
COMMISSIONER MARINO stated, with respect to this case, the commission has had a lot of Study Sessions previously where commissioner questions where answered.
COMMISSIONER SHEFFIELD made the motion, considering the testimony brought forth tonight and the Findings and Recommendations 1-14 found in the Staff Report that the Planning Commission adopt and recommend City Council APPROVE Case # PL-06-005 subject to corrections by the City Attorney's Office.
COMMISSIONER MALM seconded the motion.
COMMISSIONER MARINO stated that this plan has been an exhaustive effort on the part of Staff. There have been fourteen public meetings and numerous smaller meetings. He is eager to include these Station Area Plans in the Comprehensive Plan.
Motion passed 7-0.
ITEM 3: OA-06-001 Request of Mr. Mike Rock, City of Lakewood, to consider an amendment to Section 17-17-8 of the Lakewood Zoning Ordinance relating to procedures for the legislative rezoning of property.
ROGER WADNAL, Comprehensive Planning & Research Manager, 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 7:21 P.M.
No citizen's spoke to the request.
The public hearing was closed at 7:22 P.M.
COMMISSIONER PLOTKIN asked if the commission is making a recommendation for
council to adopt the ordinance amendment.
COMMISSIONER URBANOWSKI stated that he would like to add to subparagraph A at
the top of the ordinance, where it says "Notice to individual land owners
whose property is being rezoned shall not be required", the words "but
is desirable".
ROGER NOONAN, CITY ATTORNEY, stated that the intent of the decision by City Manager would still be in place and so if the commission desires to have this wording added, he has no problem with that.
COMMISSIONER URBANOWSKI stated he would like to make the motion to add "but is desirable" to the ordinance as discussed above.
COMMISSIONER PLOTKIN asked counsel to explain why we don't want to have notice as a requisite for rezoning.
ROGER NOONAN stated this is a totally different process on mapping as opposed to zoning of individual properties. This is a legislative process, not a quasi-judicial process. There are at least 700 properties and notice can be accomplished by giving notification in other ways such as postings within the four station areas. There will be notification but it needs to be reasonable without worrying about technicalities. The commission can ask how the property owners were notified when the case for re-mapping comes in and they will be very happy with how this notification will be handled.
COMMISSIONER PLOTKIN stated the commission wants to be sure the property owners aren't sent the wrong message but he is also very sure the City is not trying to keep the property owners from being notified.
COMMISSIONER URBANOWSKI made the motion in Case # OA-06-001 for Planning Commission to accept the 12 point "Summary and Recommendation" section of the Staff Report. Further recommending that the Zoning Ordinance Modifications Section17-17-8 be accepted subject to any corrections or additions recommended by the City Attorney's Office. I further include a recommendation by Planning Commission to edit Section 17-17-8 Paragraph 3 Subsection A to read at the end of the sentence "Notice to individual landowners whose property is being rezoned shall not be required, but is desirable." And Planning Commission recommend City Council ADOPT Case # OA-06-001.
COMMISSIONER SHEFFIELD stated for the record his struggle with the language concerning the notification but he will still vote for the ordinance amendment knowing that the City intends to properly notify the land owners and it can be questioned again as re-mapping comes forth.
COMMISSIONERS URBANOWSKI, PLOTKIN, and MARINO concurred with Commissioner Sheffield.
COMMISSIONER SHEFFIELD seconded the motion.
Motion 7-0.
ROGER WADNAL stated that individual mailing notifications and extensive postings
would be done.
ITEM 4: APPROVAL OF MINUTES
Minutes from the public hearing meeting of October 4, 2006 were approved. The
vote was 7 ayes, 0 nays.
ITEM 5: GENERAL BUSINESS
Discussion on the City of Lakewood's Performance Based Review Process.
COMMISSIONER MARINO ended the meeting saying he hopes there will be additional Study Sessions in the future.
ADJOURNMENT
Meeting adjourned at 9:16 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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