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COMMISSIONERS PRESENT:
Bill Marino, Chair
Michael Rohr
Bunny Malm
George Brown III
Rich Urbanowski
Tracy Sheffield
John Plotkin
STAFF PRESENT:
Paul Kennebeck, City Attorney
Becky Clark, Community Planning & Development Director
Gail Spencer, Administrative Manager
Paul Rice, Principal Planner
Mark Doering, Principal Planner
Andrea Thompson, Associate Planner
Sheila Lynch, Associate Planner
Jonathan Wachtel, Associate Planner
Vicki Kaufman, Secretary to the Planning Commission
Following are the minutes of February 7, 2007 Lakewood Planning Commission Public
Hearing. A permanent set of these minutes is retained in the office of the City
Clerk.
COMMISSIONER MARINO read a draft of the award titled "The C. Y. CHOI AWARD
OF EXCELLENCE FOR PROCESS ORIENTED DESIGN AND DEVELOPMENT". He thanked
Mr. Choi for his contribution and is thrilled to honor him with the establishment
of this award.
COMMISSIONERS PLOTKIN, MALM, and URBANOWSKI stated it has been a privilege
to serve with Mr. Choi, all felt he really deserves this award.
COMMISSIONER MALM also stated Ed Peterson wanted Mr. Choi to know how much he
values his. friendship and guidance and their relationship over the past eight
years.
CHARLES CHOI stated that the City of Lakewood and the commission gave him the opportunity to share his passion for humanity and land use. He would like to continue to contribute to the Performance Based Review Process and thanked everyone.
It was mentioned that there would be refreshments in the atrium after the hearing.
The public hearing was opened at 7:15 P.M.
ROLL CALL The roll having been called, a quorum was declared and the following business was conducted:
CASE PL-07-001 The City of Lakewood 2007 Three-Mile Plan.
PAUL RICE, Principal Planner, entered into the record the Staff Report, case file and associated materials for Case PL-07-001.
COMMISSIONER MARINO accepted the items for inclusion into the case records.
The public comment was closed at 7:31 P.M. No audience members wished to speak.
COMMISSIONER SHEFFIELD asked if this was an update to an existing plan?
PAUL RICE stated this plan was modeled off the past plan with modifications that are the Station Area Plans, the Bicycle Master Plan, the West Colfax Action Plan, the Morris Park Plan and two county plans; the Interim and Central Plains Plans.
COMMISSIONER MALM asked how long the Three-Mile Plan had been in existence?
BECKY CLARK, Director of Community Planning & Development, stated that the Three-Mile Plan is adopted on an annual basis and required by State Law and has been around since the City was created and/or the law went through.
COMMISSIONER ROHR asked why the Lakewood section of the Rooney Valley was not in the plan?
BECKY CLARK explained that it is in our Comprehensive Plan and is an adopted Overlay Zone. The Intergovernmental Agreement is not part of the City plan because it is an intergovernmental agreement.
COMMISSIONER MALM stated she would make the motion in Case Number PL-07-001 for the Planning Commission to adopt the presented 2007 Three-Mile Plan and that it be forwarded to City Council with a recommendation for it's approval.
COMMISSIONER URBANOWSKI seconded the motion.
Motion passed by a vote of 7-0.
CASE MO-06-003 Request of Tom Oldfield, Advocate Homes, to review a minor modification to the Courseside Official Development Plan.
ED REID, Vice President of Operations for Advocate Homes, gave the presentation. He stated the request is to modify the third fence regulation, a part of the Official Development Plan (ODP) regarding fences. The modification request is to build wrought iron fences extending to the property line. The applicant is willing to work with any citizen who has further concerns.
ANDREA THOMPSON, Associate Planner, entered into the record the Staff Report, case file and associated materials for Case PL-07-001.
COMMISSIONER MARINO accepted the items for inclusion into the case records.
BENNETT AUSLANDER who owns the property at 6196 West 8th Avenue, Lakewood, Colorado 80214, stated his property is adjacent to Courseside Subdivision. His family has owned the property for about 30 years. He has met with City Staff and complained that the property lines were not correct. He feels the City and the developer are in collusion to hide this serious boundary line problem. He request that no further action be taken until this issue is resolved.
JOE BURDICK, President of the Meadow Creek Condominium Owners Association and Property Owners Association stated they were misled by not being told knowing the height and location of the two corner homes in Courseside and their proximity to Meadow Creek. Also the gulch was promised to be returned to it's natural setting but he does not feel that has been done. Meadow Creek would like the developer to plant a row of trees along the south property line to correct the problem.
Public comment was closed at 8:40 P.M.
PAUL KENNEBECK, City Attorney, stated Mr. Auslander's issue about adverse possession may very well be right but he needs to get a "Quiet Title" Deed from the courts to prove his case. He vehemently denies there has been any collusion between the City and the developer. Mr. Auslander does not have the legal authority tonight to say that he is correct.
COMMISSIONER PLOTKIN asked if the City looked at the legal description to be sure it is correct?
PAUL KENNEBECK stated the City Property Management Division looks at the legal descriptions closely. The only issue tonight would be the adverse possession issue.
COMMISSIONER PLOTKIN asked if there is "Title Insurance" and was a survey done for the property?
ANDREA THOMPSON said there was title work and a survey for the original Courseside ODP, for the 800 Kendall Subdivision Filing #1, which was approved in 2001, and for the 800 Kendall Subdivision Filing #2, which was approved in 2004. For this minor modification the City does not require a survey or proof of title insurance.
COMMISSIONER PLOTKIN asked what would happen to the now-existing homes in Courseside if it was determined that the property line is incorrect?
ED REID stated the fence along that property line has already been permitted through the City.
BECKY CLARK stated that due to the Performance Based Review Process, City Staff would make sure that both the property lines would be in conformance. The Director can approve up to a 20% setback waiver.
COMMISSIONER PLOTKIN asked about the developer planting a row of trees?
ED REID stated the developer would be happy to walk the property with Mr. Burdick. The developer still has bonds in place with the City for landscaping so they could look at planting a row of trees. The developer wants to be a good neighbor.
COMMISSIONER SHEFFIELD asked if the homeowners of Courseside would be allowed to add a privacy fence if they choose?
BECKY CLARK stated the owners at Courseside wrote their own requirements for fencing so if they choose to build a fence, now would be the time. The City would prefer to do Performance Based Review Process now rather than after the fact.
COMMISSIONER SHEFFIELD asked if there were any comments received from any of the referral agencies, other than Engineering?
ANDREA THOMPSON stated no, there were not.
COMMISSIONER URBANOWSKI asked the applicant if he is willing to add some trees?
ED REID stated yes.
COMMISSIONER URBANOWSKI asked if there was a perimeter fence called for along the creek line?
ED REID stated they would put back the fence that goes along the creek as it was. It will just be the side fence that would attach to the rear property fence that may change.
COMMISSIONER URBANOWSKI stated that it is his impression that if the property lines change, so be it.
BECKY CLARK stated that IF the property lines change, the new property line would be grand-fathered in but she would take it a step further and request two applications for a waiver to be approved administratively so the City would consider all the property owners involved.
COMMISSIONER PLOTKIN asked if the fence is to be torn down and replaced?
ED REID stated yes, the fence would be replaced with a new fence that the applicant already has permits for through the City. But before they go any further, they would like to talk to Mr. Auslander.
MR. AUSLANDER stated he is putting the City on notice that they will be named as a party in his lawsuit. He feels the commission is party to "patting the applicant on the back and saying go ahead and do what you want to do".
COMMISSIONER ROHR stated that he finds it difficult to understand why Mr. Auslander
did not do his due diligence and have a survey done in 1991.
MR. AUSLANDER stated he did not own the property in 1991. It is not an obligation
to have a survey done when property is inherited.
COMMISSIONER MARINO asked to have a summary of what exactly the commission is voting on tonight? Is there any reason, in the opinion of legal council, that the commission should not proceed with their vote?
PAUL KENNEBECK stated the commission should proceed with their vote tonight.
ANDREA THOMPSON reiterated that the issue before the commission tonight is to modify the third fencing regulation of the Courseside ODP to allow for wrought iron fences around the property lines of each of the individual lots instead of a patio privacy fence.
COMMISSIONER URBANOWSKI made the motion in Case # MO-06-003 to have the Planning Commission, in accordance with the proposed Findings in the Summary and Recommendations Section of the Staff Report, comprising 15 specific findings, approve the fence detail.
COMMISSIONER SHEFFIELD seconded the motion.
COMMISSIONER SHEFFIELD stated the issue of the minor modification is for the interior fences only and not related to the exterior fences. He strongly encouraged the applicant to continue to discuss this.
COMMISSIONER PLOTKIN stated he is also concerned about the fence issues that need to be resolved either by the courts or by agreement.
Motion passed by a vote of 7-0.
APPROVAL OF MINUTES
Minutes from the public hearing meeting of January 3, 2007 were approved by
a vote of 7 ayes, 0 nays.
ELECTION OF OFFICERS
COMMISSIONER MALM moved for the approval of the following slate of officers
for the year 2007: Commissioner Brown, Secretary; Commissioner Plotkin, Vice
Chair; and Commissioner Urbanowski as Chair.
COMMISSIONER SHEFFIELD seconded the motion.
Motion passed by a vote of 7-0.
GENERAL BUSINESS
MARK DOERING discussed several publication handouts and an upcoming workshop.
BECKY CLARK mentioned the DRCOG training for commissioners on March 10th. Also,
Becky and Gail attended and encouraged the commissioners to attend the International
Council of Shopping Centers Conference going on now. Speakers discussed green
build and renewable energy. The mayor will be hosting a breakfast for energy
companies in Lakewood. Becky is proposing that the mayor request City Council
pass a proclamation stating that Lakewood is a "green" city. On behalf
of the Performance Review Process, the City staff is trying to push sustainability.
COMMISSIONER MARINO stated it is appropriate that the City is heading towards that green city announcement on the day the commission announced the C. Y. Choi Award of Excellence. His contribution to the City and the establishment of this award are fitting tributes to what he has given to all of us.
COMMISSIONER URBANOWSKI asked Becky Clark if she would give the commission a presentation on Performance Based Review?
BECKY CLARK stated she would be glad to give a presentation at the next Planning Commission Public Hearing on February 21st.
BECKY CLARK also stated the Planning Commission has been invited to a February 17, 2007 (Saturday) meeting with City Council. This is Vicki Stack's monthly meeting at the library.
COMMISSIONER MARINO wanted to thank Staff for two years of support while he has been Chair. He also thanked the commission for eight years of work and wished them the best.
COMMISSIONER URBANOWSKI wanted to thank Chairman Marino for his fine service and wonderful leadership this past year and prior.
ADJOURNMENT
Meeting adjourned at 8:35 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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