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COMMISSIONERS PRESENT:
Rich Urbanowski, Chair
Tracy Sheffield
John Plotkin
Michael Rohr
George Brown
William Marino
Bunny Malm
STAFF PRESENT:
Gail Spencer, Administrative Manager
Mark Doering, Principal Planner
Paul Rice, Principal Planner
Olga Mikhailova, Principal Planner
Kara Mueller, Associate Planner
Andrea Thompson, Associate Planner
Tina Dill, Associate Planner
Sheila Lynch, Associate Planner
Anne Heine, Lead Development Review Engineer
Ben Mehmen, Civil Engineer II
Ross Williams, Facilities Planner, Community Resources
Win Ferrill, Historic Preservation & Lead Curator - Heritage, Culture &
the Arts
Vicki Kaufman, Secretary to the Planning Commission
Following are the minutes of March 21, 2007 Lakewood Planning Commission Public
Hearing. A permanent set of these minutes is retained in the office of the City
Clerk.
ROLL CALL
The roll having been called, a quorum was declared and the following business
was conducted:
CASE RZ-06-004
Request of Miguel & Betty Almeida to rezone property located at 1120 South
Depew Street.
BETTY ALMEIDA, the applicant, stated they would like to have the property rezoned to 3-R to be used as a single-family residence. Properties in the area are zoned 3-R.
KARA MUELLER, Associate Planner, entered into the record the Staff report, case file and associated materials for Case RZ-06-004.
COMMISSIONER URBANOWSKI accepted the items for inclusion into the case records.
Public comment was opened and closed at 7:08 P.M. There were no audience members who wished to speak on this case.
COMMISSIONER MALM asked about the reclamation process, if necessary?
KARA MUELLER stated there is no City case open regarding reclamation of the gas station on the property north of the subject property at this time and the State has not contacted the City regarding reclamation of the property.
COMMISSIONER MALM asked if this case has been reviewed by the Engineering Dept. for drainage issues and if they had an issue with the broad expanse of concrete in the front of the property?
KARA MUELLER stated Engineering did review the case and does not have any engineering issues.
COMMISSIONER MALM asked if this would be a rental property?
BETTY ALMEIDA stated their intent is to let their son live on the property.
COMMISSIONER SHEFFIELD asked if the citizen who inquired about the contamination of soil received a response?
KARA MUELLER stated she did not have their phone number but she did have a phone number through Code Enforcement and so that is how the follow-up happened.
COMMISSIONER MARINO asked about the citizen comments concerning boundaries?
KARA MUELLER stated that those comments do not pertain to this case but would need to be handled as a civil matter.
BETTY ALMEIDA stated that whomever built the fence built it about 12 inches inside their own property line. If it becomes an issue, we would take care of it by removing the fence or whatever needs to be done.
COMMISSIONER ROHR asked if the building inspectors would look at the electrical
cords hanging down in the back before the property is occupied?
KARA MUELLER stated yes, as stated in the Staff Report, the owners will have
to transfer the Certificate of Occupancy from an office to a residence and that
will mean the building inspectors would need to walk through and be sure everything
is properly taken care of.
COMMISSIONER URBANOWSKI asked if any question regarding a fence would apply whether the property is rezoned or anything else?
KARA MUELLER stated if there is a dispute over a fence it is generally a civil matter. If it would have any bearing on an actual case or site plan, it would need to be looked at on a case-by-case basis. It would not have bearing on the case for rezoning.
MARK DOERING, Principal Planner, interjected that if a citizen is seeking to
remedy a fence issue, they can do that at any time whether the property is rezoned
or not. The owner of the property the fence is located on would have to pull
a permit to remedy that fence issue.
COMMISSIONER MALM stated taking into consideration the testimony of the applicant
and Staff and the analysis submitted by Staff, which includes the Summary, Findings
of Fact and Recommendations, she moves that Case Number RZ-06-004 be recommended
to City Council for approval, including the comments on record regarding resolution
of the fence line.
COMMISSIONER SHEFFIELD seconded the motion.
Motion passed by a vote of 7-0.
CASE SP-06-022
Request of Dan Judd, MacKenzie House, to review a site plan at 2800 Youngfield
Street.
DAN JUDD of MacKenzie House, stated the site is at 2770 and 2800 Youngfield
Street.
There will be 2 buildings; one building will have 85 assisted living units.
The smaller building will have 22 units and provide for strictly memory care.
There were six conditions required as part of the original zoning ordinance;
the first was approved as a Minor Variance from 35 feet to the height of 38.2
feet. The second condition was a limit of one curb cut onto Youngfield Street.
It was decided to locate the curb cut directly across the street from the curb
cut that serves the Applewood Tech. Center to make traffic flow work better
at this intersection. The third condition was the submission of a Site Plan
for Planning Commission approval, which is why they are here tonight. The fourth
was to leave the contour of the land as it exists. They have kept the existing
slopes intact. The fifth condition was installation of curb, gutter and sidewalk
but this is already in place so this no longer applies. The sixth condition
was dedication of ground along Youngfield Street to allow the street to be widened
to be a collector street but this was not required by the City.
RON VAUGHN with MacKenzie House, explained what the homes would look like saying there is a farmhouse and a barn on the site and they have worked diligently on trying to find someone who might be able to relocate and preserve the house and barn.
DAN JUDD stated they have worked closely with the neighborhood organizations, the Heritage Center, and others to try to preserve the home and barn. At the very least, they will incorporate pictures of the home in the new development.
ANDREA THOMPSON, Associate Planner, entered into the record the Staff report, case file and associated materials for Case SP-06-022.
COMMISSIONER URBANOWSKI accepted the items for inclusion into the case records.
Public comment was opened at 7:45 PM
BARBARA BARRY, President of the Applewood Valley Association, represents 1,700 households in the northwest corner of Lakewood. The association has been extremely sensitive to what development is going in. She stated this is a lovely development for this piece of land and there has been a great deal of communication with the association. The historic house and barn were listed by the Cabella's Environmental Assessment as eligible to qualify for the National Historic Registry. The association appreciates the endeavors of the applicant in trying to save these historic structures. She is assuming there will be a good median provision for right turns as well as left turns. The association believes this is the best use of this land.
Public comment was closed at 7:50 P.M.
COMMISSIONER PLOTKIN asked what is the height of the Bureau of Land Management Building? Who currently owns the subject property? And will the applicant own the property
DAN JUDD stated the Bureau of Land management Building is much taller than their proposed structure. Dan said a gentleman in Arizona currently owns 2800 Youngfield. If the proposal tonight were not approved, the applicant would not buy the property.
COMMISSIONER PLOTKIN stated it sounds like the property is eligible for historic designation but it has not been designated. But the applicant has gone a long way in voluntarily trying to preserve the history of the site.
ANDREA THOMPSON stated Win Ferrill verified that it is not listed on any historic registry and so staff cannot withhold any permits because of that.
DAN JUDD stated the applicant has not gone out and solicited estimates to relocate either of the items but they have actively pursued individuals who may want to do so. They also have offered to participate financially whatever their costs to demolish the house towards its relocation.
ANDREA THOMPSON stated it is up to the property owner to historically register a property.
WINN FERRILL, Historic Preservation and Lead Curator for the HCA Division of City of Lakewood, stated the National and State Historic Registry do not require the owners approval, however the City Registry does.
COMMISSIONER MALM asked if any of this information has been forwarded to our Lakewood Historical Society in the event they would like to document the structures?
WINN FERRILL stated she is the liaison with the Lakewood Historical Society and has been apprised of the situation and she has gone out and taken pictures herself for preservation.
COMMISSIONER PLOTKIN asked if the ditch would remain open? Is there any safety fencing proposed around the ditch?
DAN JUDD stated there would be a guardrail installed parallel to the ditch.
BEN MEHMEN stated there are plans that would cause the area to widen and soften the slopes on the side to reduce the danger. Those issues will be addressed during discussions between engineering and the ditch company.
COMMISSIONER PLOTKIN asked if there would be a left hand turn lane onto Youngfield Street?
DAN JUDD stated they have oversized the drive approach at the request of the fire department. The City Engineer, Ben Mehmen said yes, they could accommodate three lanes of traffic coming out of the property.
COMMISSIONER PLOTKIN asked about the impact on the resident to the north?
DAN JUDD stated they have had several conversations with the homeowner. He asked the applicant to be considerate of where they placed the trees and is satisfied with the development.
COMMISSIONER URBANOWSKI asked staff to address Barbara Barry's comment about a median on Youngfield Street.
ANDREA THOMPSON stated City Traffic Engineering did not see enough traffic generation to justify any changes to Youngfield Street.
COMMISSIONER ROHR asked if the cable box and other utility easements in the northeast corner of the neighboring property would be affected?
ANDREA THOMPSON stated there are existing easements that are underground.
DAN JUDD stated directly to the east of the property, in the park, are two sanitary sewer lines with easements that run underground. The detention pond is completely within the property so it won't be affected, and the drainage conveyance is on the surface.
COMMISSIONER ROHR stated there are already a few fence post that separate the proposed development and the City park that are pretty shaky and he hopes Staff would not ask the applicant to fix fence post that are currently in bad shape.
ANDREA THOMPSON stated staff would note Commissioner Rohr's concern. Ross Williams and his staff will keep an eye the site during the development.
COMMISSIONER MARINO stated the goals of the Comprehensive Plan related to this
case and discussed the removal of the historic structures and how much it would
cost. About how much time before the applicant would want to demolish the house
and barn?
Could an interested party call the applicant for information on the house and
barn?
DAN JUDD stated it would be approximately $30,000 to demolish the house and barn and the out buildings. The applicant would be willing to donate up to $30,000 to help with having them removed. There are only four to eight weeks before demolition would begin. Interested parties could call the applicant about removing the house and barn.
COMMISSIONER BROWN asked about the Analysis of Issues - it doesn't say specifically that it was based on the Performance Based Review Process, is it? And will that be included in future Staff Reports?
ANDREA THOMPSON stated it is based on the Performance Based Review Process and it can be added to future Staff Reports.
COMMISSIONER SHEFFIELD asked how many of these types of facilities are there within the Applewood Valley community?
RON VAUGHN stated there are about five assisted living communities within the area. Their market study comprehensively reviewed from about Wadsworth to Genesee to 72nd Avenue and Alameda Parkway. They analyzed the demographics of the population in this area and adult children in the area.
COMMISSIONER SHEFFIELD asked if the traffic analysis took into account the visitor traffic?
BEN MEHMEN stated the traffic engineers looked at the proposal and they determined additional traffic issues would not be created by this development.
COMMISSIONER MALM stated the commission is aware of Cabella's coming in further
down Youngfield Street and why a traffic analysis would think traffic would
not change?
She feels it would be remiss to not consider a left hand turn lane out of this
project.
BEN MEHMEN said the full traffic flow would be looked at further down the line but for purposes of this project, it is not necessary at this time.
RON VAUGHN stated visitors and people that may visit or come to pick someone up normally come in the middle of the day or early evening. There are only 52 parking spaces so there are not a lot of people traveling in and out of an assisted living facility. There are about forty employees.
MARK AUSWILLER, the Director of the Morningstar facility in Littleton, stated about three times a week delivery trucks come in. Big semi-trucks may come a couple of times a week.
COMMISSIONER URBANOWSKI asked if the Rocky Mountain Ditch Co. would have to work with the applicant before the final approval of this project?
DAN JUDD stated that is correct. The applicant has been working already with the ditch company and has been granted an agreement for what they have proposed.
COMMISSIONER URBANOWSKI stated he sees minimal or no grading changes. There would seem to be no rush for the house to be demolished, is that correct?
DAN JUDD stated the temporary information center is to be located where the house sits now. They would like to have it available in the next three months.
COMMISSIONER URBANOWSKI asked if the applicant has set arrangements with hospitals, or emergency services?
MARK AUSWILLER stated there are doctors who come to visit and an ambulance service that is used for mostly non-emergency use. Otherwise they don't have any contracts with hospitals or other emergency services.
COMMISSIONER BROWN asked about the chase cut from the detention ponds.
DAN JUDD said the chase cuts are potential nuisance flows from very small volume of storm drainage that might cause potential wet areas all the time. The solution was to put in a small drain that will deal with standing water issues.
COMMISSIONER PLOTKIN commented that he is very impressed with the applicant's communicating so well with the community and that this neighborhood association gives them a vote of confidence is testimony to their vigilance.
COMMISSIONER MALM seconded Commissioner Plotkin's statement.
COMMISSIONER URBANOWSKI stated it is a very good thing to hear that there was such good communication.
COMMISSIONER PLOTKIN stated that, based upon the record presented including the Summary and Recommendations and the Findings of Fact in the Staff Report, he moves to have Planning Commission approve the Site Plan for Case # SP-06-022.
COMMISSIONER MALM seconded the motion.
Motion passed 7-0.
APPROVAL OF MINUTES
Minutes from the public hearing meeting of February 21, 2007 were approved by
a vote of 7 ayes, 0 nays.
COMMISSIONER SHEFFIELD and MALM both stated how much they appreciated the detail of the minutes.
GENERAL BUSINESS
COMMISSIONER URBANOWSKI asked if the Secretary would schedule a Study Session
for next Wednesday regarding where to go next with the Performance Based Review
Process?
MARK DOERING pointed out that the Director, Becky Clark, would be unavailable until after April 11.
COMMISSIONER MARINO stated he would like to have an agenda in advance of the meeting.
COMMISSIONER PLOTKIN asked if there would be a staff person present at the Study Session. Hoping that a "point person" would be available for this and most Study Sessions.
COMMISSIONER URBANOWSKI stated that the commission would discuss the overall approach; what the commission needs to do, how to interface with City staff.
MARK DOERING stated the Planning Department is planning to add a new manager.
COMMISSIONER MARINO asked about where the City stands in finalizing the steps regarding the award several weeks ago?
MARK DOERING said he is unable to give them an answer at this time but will try to get an answer from the Director before the Study Session.
BARBARA BARRY stated she wanted to say thank you from the Applewood Valley Association to Commissioners Malm and Marino for so much that they have done to assist them with the things that really mattered to the association during their terms. She is hoping they remain available to the commission and to the homeowners association, much the same as Charles Choi and others are available. There is a wealth of citizenry and policy knowledge that belong together and the City has some major challenges to deal with. The more history of very involved people who are willing to give their time and who have helped make this city fine, the better the chance we have of coming out with something suitable to all. Again, thank you Bill Marino and Bunny Malm, we really do appreciate you.
COMMISSIONER URBANOWSKI stated the commission echoes Barbara's sentiments regarding
Commissioners Malm and Marino.
COMMISSIONER MARINO stated he would be available. He has the utmost confidence,
however, that the City is in good hands with the commissioners that remain.
COMMISSIONER PLOTKIN stated that distinguishing between the quasi-judicial functions of hearing particular cases from the legislative initiatives that the commission participates in, he certainly feels Bill & Bunny are the wealth of experience that guides the commission.
COMMISSIONER URBANOWSKI stated that they are not going yet, we will have them available until we get replacement commissioners, Commissioners Malm and Marino will remain as part of the commission.
MARK DOERING stated there are no April 4th meeting items scheduled at this time. There will be a meeting on April 18th to review the TMU remapping. Commissioners Malm and Marino have indicated they would stay on until after the April 18th meeting.
COMMISSIONER URBANOWSKI stated he would like to schedule a Study Session on April 4th.
ADJOURNMENT
Meeting adjourned at 8:42 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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