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COMMISSIONERS PRESENT
Bill Marino, Chair
Michael Rohr
Bunny Malm
John Plotkin
Rich Urbanowski
Tracy Sheffield
George Brown III
STAFF PRESENT
Paul Rice, Principal Planner
Mark Doering, Principal Planner
Andrea Thompson, Associate Planner
Sheila Lynch, Associate Planner
Vicki Kaufman, Secretary to the Planning Commission
Following are the minutes of December 6, 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 and the following business
was conducted:
ITEM 1: SU-06-007 Request of Michelle Lampkin, consultant for JC's Journey Home. The applicant is requesting a Special Use Permit in order to operate a group home for a maximum of eight girls between the ages of 12-18 years.
CHRISTINA GUTIERREZ, the owner and co-director of JC's Journey Home, stated she has over 2,000 hours of experience working with women and children and has completed the Human Services Major at Metropolitan State College of Denver. JC's Journey Home is a home for girls to help assist the young ladies who have been provided by the Dept. of Human Services with emancipation. The young ladies will be interviewed, they must meet all requirements, be willing to sign a contract, participate in all therapy, go to school or an approved work program, complete a 90 day probationary period and follow all house and community rules. Parking can accommodate ten cars, however they will only need a maximum of four parking spaces at one time. Young ladies will not be able to drive. Visitors can park but families will most likely meet the girls at a supervised location off site. Supervision and staff will be there for 24-hour care. The intent of this home is to allow eight young ladies to have a place to live continually from age 12 until 18. She has met with neighbors and had phone calls with other neighbors.
ANDREA THOMPSON, Associate Planner, entered into the record the Staff Report, case file and associated materials for Case SU-06-007.
COMMISSIONER MARINO accepted the items for inclusion into the case records.
The public hearing was opened at 7:21 P.M.
WILLIAM STINES, 11582 West Prentice Drive, Littleton, Colorado 80127, stated he has known Christina for ten plus years. He has nothing but the highest respect for Christina.
KIM DUSHINSKI, 6090 West Exposition Avenue, Lakewood, Colorado 80226, stated she lives in the house directly adjacent to the proposed property on the west side. She has been at every meeting. She is concerned about parking because her bedroom window is adjacent to the parking area and there will be shift changes late at night so that is her one big concern. She has talked with the applicant about the parking but she did want it on the record. Kim said there were 23 people at the first meeting and almost everybody there was very much opposed to the project however, the impression she got from Staff tonight is that unless you called in you were not against it. She sent an email to City Council that was not made a part of the record so also not perceived as being a written comment. Her issue is with the City and not with the applicant. She has no problem with the applicant going forward and believes they have good communication and can work together.
JENNIFER GUTIERREZ, 5172 South Oak Way, Littleton, Colorado 80127, stated she has known Christina for the past ten years. She has observed her work at the Sacred Heart House and feels Christina has an amazing perspective of the needs of these girls. Jennifer has 14 years experience as a Special Needs teacher and an advisory coordinator for Denver Public Schools and sits on several boards in Denver who work with Human Services, United Way, Denver Public Service, etc. She feels there is a real need for this kind of home.
The public hearing was closed at 7:28 P.M.
COMMISSIONER SHEFFIELD asked what facility the girls would come from? Would they come from a juvenile facility?
MICHELLE LAMPKIN, the consultant for JC's Journey Home, stated the girls would come from Social Services and not from any juvenile correctional facility. These young ladies have been removed from the home because of abuse, loss of a parent, or neglect.
COMMISSIONER SHEFFIELD asked if the girls could be removed from the home.
LAMPKIN answered, saying the girls can be removed immediately, if necessary.
They will be placed in a crisis center facility. The standard rule for JC's
Journey Group Home is community first.
COMMISSIONER MALM asked what would happen to the children after age 18?
LAMPKIN stated that by age 18 the young lady should be ready to go to college, living in dorms, live on their own, or go to another facility for children who are not yet prepared to be out on their own.
COMMISSIONER MALM asked if this would be a home for girls or boys or both?
LAMPKIN stated this project would be just a home for girls and not for boys.
COMMISSIONER MALM stated she did not notice on the Staff Report that Staff had
requested comments from the Police Department on this case.
THOMPSON stated that she did not originally send a referral to the Police Department; however, she and the applicant did meet with the sector liaison.
COMMISSIONER MALM said her emphasis was on a referral from the Police Department being a part of the Staff Report.
PAUL RICE stated the Police Department was consulted on the request and that the agent at the meeting said the comments presented were no more severe than anywhere else in the city.
COMMISSIONER URBANOWSKI asked what is the procedure if there are complaints about the home?
THOMPSON stated if there are complaints that Article 6 Standards are not being met, the Special Use Permit could be reviewed again by Planning Commission and possibly be revoked.
COMMISSIONER PLOTKIN asked if the Special Use Permit, in this case, would only be granted to the operator?
THOMPSON stated that is correct, a Special Use Permit can be granted to just the operator or an agency. In this case, it will be granted to JC's Journey Home and cannot be transferred.
COMMISSIONER PLOTKIN then asked if they meet their licensing requirements and who has the ability to enforce licensing requirements.
PAUL RICE stated that as part of the Special Use Permit requirements, State of Colorado licensing requirements must be met.
LAMPKIN stated that the State of Colorado would audit the home each year. The audit will cover all aspects of the home such as building, health and safety of the children. There will be social workers visiting the home on a regular basis. If the State finds anything unacceptable, they will take the children out of the home. Anyone can pull up these records because they are open public records.
COMMISSIONER URBANOWSKI stated that he understands the State of Colorado Social
Services Dep't. Will handle checking on the details of licensing and permits
so does the City of Lakewood just respond to noise complaints and things like
that?
THOMPSON stated that the commissioner was correct.
COMMISSIONER URBANOWSKI asked about the email that was sent by Kim Dushinski
and why it was not acknowledged as being received?
RICE stated the email was not disregarded. He explained that there are a multitude of group homes and two classifications of group homes. There are homes that go through the Special Use process and then there is a class of group homes that is protected by the Federal Fair Housing Act. When this case came in, it was originally considered a group home that was protected by the Federal Fair Housing Act. It does not require a public hearing but does require a public meeting. Mrs. Dushinski sent her email to City Council. Her email was more specific to the process for group homes and what type of group home this would be. That is part of the record. She did receive a response from the City Attorney in writing.
COMMISSIONER URBANOWSKI asked if the neighborhoods, which were so negative at the first meeting, had their concerns mitigated, or got tired or just gave up?
THOMPSON stated, as she mentioned in the Staff Report, that the second meeting, had 7 citizens in attendance vs. the 23 citizens' at the first meeting. There was dialogue at the second meeting vs. just angry comments of opposition at the first meeting.
COMMISSIONER URBANOWSKI stated the parking should be able to be worked out with the neighbors.
LAMPKIN said they have changed the parking to the front. There will be two spaces for Staff and there will be four parking spaces on the side.
COMMISSIONER PLOTKIN stated the commission needs to be concerned with the land use and if it is a good fit where it is proposed. He was very struck by the tone of response between the first meeting and the second. It sounds to him like the applicant wants to be a good neighbor.
COMMISSIONER ROHR asked if the applicant met with the school district? This agency should also be added in to the Staff Report.
LAMPKIN said she has spoken with the school educational support advocate.
COMMISSIONER ROHR asked about the schedule for after school activities and if extra Staff would be able to drive the girls around?
GUTIERREZ stated there would be a primary caregiver from the home to drive the girls around and Christina plans to be available to drive the students and stay with them at the activities.
COMMISSIONER MARINO reopened public hearing at 8:02 P.M.
DUSHINSKI stated the applicant has been very responsive to the neighbors concerns however the reason so few citizen's showed up for the second meeting was because the neighbors were told at the first meeting that this group home was coming in. The Federal Fair Housing Act would mandate this and no matter what the neighborhood said or did, there would be nothing the neighbors could do about it. They met with their council members and the council members confirmed that statement.
COMMISSIONER MARINO stated that Mrs. Dushinski has not been misled but that the process shifted to a different procedure, as explained by Staff.
DUCHINSKI stated that this project, from the neighborhood standpoint, has been very confusing and frustrating.
COMMISSIONER MARINO asked Mrs.. Dushinski if she was in favor of the project?
DUSHINSKI said, at this point, she has resigned herself that this would go through and so she would make the best of it and do what she needed to do to make this the best it could be. If they had realized it might not go through, the neighbors may have rallied to try and get their opposition heard.
COMMISSIONER MARINO explained that the group home would not go through unless the commissioners approve the case tonight. He explained they could appeal. If this case is approved, the neighbors, in addition to the other agencies that will be overseeing the home, can be proactive and their reports back to the city can be used to allow the Special Use Permit to be called back to the Planning Commission, where it can be revoked.
DUSHINSKI stated she does believe that Joey and Christina Gutierrez will be easy to work with and she thinks it will be ok and so she is agreeable to this case.
COMMISSIONER PLOTKIN stated his feeling that the commission should be given any correspondence related to a case, whether it is addressed to them or not. He is greatly concerned that the reason there is not more turn out and expression of community response is because they were misinformed.
PAUL RICE said he was the Staff person who mentioned at the first meeting that the case would be processed under the Federal Fair Housing Act. Because of Mrs. Dushinski's questioning the process, and the applicant being unable to provide supporting information, this request was processed as a Special Use Permit. The original list of individuals at the first meeting was also notified for the second meeting and tonight's hearing, as well as the neighborhood organizations.
COMMISSIONER PLOTKIN asked if the neighbors were notified that the process was incorrect and had been changed?
THOMPSON responded saying she did receive a phone call from one of the neighborhood organization contacts that asked about the status of the case and was told the case had been reinterpreted and the case would go through the public process and to the Planning Commission. She was at the first meeting and was one of the neighborhood organization contact representatives.
DUSHINSKI stated it was not widely known in the neighborhood that the process had been changed. Frankly, it was just out of curiosity that she came out tonight. She did not know that further dialogue was possible. Not that she thinks it needs to come back up again, she thought there was a lot of rash negativity at the first meeting.
COMMISSIONER PLOTKIN stated it is not just a "rubber stamp" meeting and the commissioners are listening tonight. The commission is here to decide the case tonight but he is troubled by the idea that neighbors received miscommunication and felt they had no voice. He did hear Mrs. Dushinski say "Her concerns had been responded to already by the applicant". The commission does take into consideration the neighborhood opposition but that is not the only determining factor.
DUSHINSKI stated her understanding of the response from the City Attorney was that there was nothing that could be done. But again, she is not in strong opposition to the project at this point.
LINDA SHEPHARD of 9394 West Ohio Avenue, Lakewood, Colorado 80226, stated there are not only a park but also a school across the street. She was at the first meeting and at the second meeting and is in agreement with what Mrs.. Dushinski said. She doesn't like the process and said that at the second meeting it was stated that this case would go in front of the Planning Commission, which surprised her. She and others did receive official notification letters about the meeting tonight. After the second meeting, she feels that since the house was going to be for girls and then that the applicant would screen the girls first, because at the first neighborhood meeting the neighbors thought it could be a home for boys, she feels it may be ok. She is very in the middle - just maybe it would be ok.
COMMISSIONER MARINO closed public comment again at 8:14 P.M.
COMMISSIONER MARINO asked if the parking area that was of concern has been moved, if there is no circumstance that would allow this SUP to be transferred, is the organization sponsored by a non-profit agency, and are there no circumstances by which a child could stay in the home after reaching the age of 19?
LAMPKIN answered that is correct to each of the above questions.
COMMISSIONER URBANOWSKI asked how big a financial risk is this group home?
LAMPKIN stated there really is no financial risk. There is a contract between the applicant and JC's Journey Home that assures there is the ability to sustain the business.
COMMISSIONER MALM stated that, taking into consideration the testimony of the applicant and others who have spoken tonight, and including the Summary and Recommendations of Staff numbered 1-13 in the Staff Report, she moves that Planning Commission approve Special Use Permit Case SU-06-007 with this motion being subject to the three conditions listed in the Staff Report and numbered 1-3.
COMMISSIONER SHEFFIELD seconded the motion.
COMMISSIONER BROWN stated that Article 17-6-3 talks specifically about revoking a Special Use Permit and is available for anyone.
COMMISSIONER SHEFFIELD stated that he commends the applicant for honoring the Performance Based Review Process by contacting the neighbors and speaking with them.
COMMISSIONER URBANOWSKI stated the Performance Based Review Process is sometimes vague early on, to go out to the neighbors and try to explain what the process is going to be. Sometimes it can allow the applicant to mitigate concerns that ultimately result in something that is more compatible with the neighborhood. The case is ever changing but getting close to answering the concerns of the neighbors by the end. In the long run it is better for the applicant and for the neighborhood.
COMMISSIONER PLOTKIN stated that the Performance Based Review Process encourages a dialogue so the applicant and neighbors can both understand each other's concerns. The neighbors will have an opportunity to contact State Agencies that regulate these homes with legitimate concerns and if it is appropriate, come back to the City with land use concerns. The commission has to consider balancing the uses and the neighborhood concern. If there had been 23 citizens at the meeting tonight, they all would have been heard but the outcome of the meeting would probably have been the same. It sounds like the neighbors did not come out because they didn't feel they had a voice and that is unfortunate but it was not done on purpose.
COMMISSIONER MARINO stated that when it comes to communication or educating citizen's on a complicated topic, early and more is better. It does seem to be a complicated case where the applicant intended to go down one path but was not able to and so they changed course and opted for this process. The Performance Based Review Process worked but we need to look at how we can be better communicators within the process.
Motion passed by a vote of 7-0.
ITEM 2: APPROVAL OF MINUTES
Minutes from the public hearing meeting of November 15, 2006 were approved.
The vote was 7 ayes, 0 nays.
ITEM 3: GENERAL BUSINESS
COMMISSIONER MALM spoke for the commission, thanking the Secretary for another
year of care and concern, giving her a Christmas gift. Thanks so much for all
you do.
COMMISSIONER PLOTKIN stated there are lots of different perceptions that can be formed but it is important that the community not come away from representatives of the city feeling like they are disemboweled, and if they do it is wrong and we should really double our efforts to clarify. Land use decision can be controversial and he is certainly not placing blame.
COMMISSIONER URBANOWSKI wondered how the Study Session with City Council went as he was ill that evening and couldn't make the session?
COMMISSIONER MALM stated she felt it went very well.
COMMISSIONER MALM said that, with this being the end of the year, she would like to thank Staff for all the hard work they have done throughout the year.
PAUL RICE stated there would be no meetings until 2007. There would be a meeting on January 3rd. Also, until a case becomes a formal case, the commissioners are part of the process - per the Performance Based Review Process - and they may be contacted by the applicant who will also be directed to contact their adjacent neighbors and their City Council representatives.
COMMISSIONER MARINO stated that this is a new directive from Staff to the commission. As he is closing out his 8th year on the commission, he realizes the commission is part of the process and so if the application has not yet been filed, it is ok to discuss the case with an applicant. Some people want just to understand the Performance Based Review Process from the commissioner's perspective.
COMMISSIONER PLOTKIN stated he thinks there is a possible appearance of impropriety. In the applicants mind they are making a pitch to like him, to like his project. Is there a danger of being misconceived and someone can come away thinking they heard something that they did not.
COMMISSIONER MARINO stated he doesn't necessarily disagree. But if an applicant is given a commissioners phone number and the commissioner says he can't talk to the person, the process is already broken. So this new direction needs to be discussed.
COMMISSIONER PLOTKIN stated he does not want to get phone calls from citizens at night at home.
COMMISSIONER MARINO stated it would be necessary to have a Study Session to discuss the direction they need to take with discussion from the City Attorney either before or at the meeting. He would like to have the Study Session on either January 17th or January 24th.
COMMISSIONER MARINO also asked Staff to add to the agenda and bring a copy
of what is provided to applicant's regarding what the Performance Based Review
Process is.
RICE said he would email the information to the commissioners.
COMMISSIONER MARINO also stated he would like to clean up unfinished projects including what the Staff and this commissions commitment is to training on Performance Based Review Process.
ADJOURNMENT
Meeting adjourned at 8:49 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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