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COMMISSIONERS PRESENT:
Rich Urbanowski
George Brown
John Plotkin
Tracy Sheffield
Jerry Golley
Ray Schoch
Michael Rohr
STAFF PRESENT:
Rebecca Clark, Director of Community Planning & Development
Paul Kennebeck, City Attorney
Kara Mueller, Associate Planner
Joyce Wayman, Acting Secretary to the Planning Commission
Following are the minutes of July 18, 2007 Lakewood Planning Commission Public Meeting. 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:
ITEMS 1, 2 & 3: FA-07-001; PA-07-001; VS-07-003, request from Chris Bremner, Carma Lakewood, LLC as applicant and owner, WEWIN, LLC, Richmond American Homes of Colorado, LLC, owner, for a preliminary map, final plat for a major subdivision to plat portions of the Springfield Green Subdivision, Lakewood West Official Development Plan (ODP) and Westwind ODP. The request is to plat 362.13 acres, more or less, of residentially zoned property into 111 residential single-family lots, twelve (12) tracts and six (6) super lots for future subdivision, and to establish property right for the Solterra development area further described in the Solterra Subdivision Filing No. 2 plat (FA-07-001) and associated development agreement for a period of 25 yeas in order to bring about the implementation of the Solterra development. The cases were heard concurrently.
CHRIS BREMNER, 188 Inverness Drive West, Englewood, Colorado is the applicant and owner representative for Carma Lakewood, LLC, Richmond American Homes of Colorado, Inc., and WEWIN, LLC. Mr. Bremner is requesting concurrent approval of a Preliminary Map and Final Plat for a major subdivision to plat portions of the Springfield Green Subdivision, Lakewood West Official Development Plan (ODP) and Westwind ODP, and to establish vested property rights for the Solterra development area further described in the Solterra Subdivision Filing No. 2 plat (FA-07-001) and associated development agreement for a period of 25 years in order to bring about the implementation of the Solterra development. The request is to plat 362.13 acres, more or less, of residentially zoned property into 111 residential single-family lots, twelve (12) tracts and six (6) super lots for future subdivision. The property is located at 2600 South McIntyre Street.
KARA MUELLER, Associate Planner, entered into the record the Staff Report, case files, and associated materials for Cases PA-07-001, FA-07-001 and VS-07-003.
CHAIR URBANOWSKI accepted the items for inclusion into the case records.
The public hearing was opened at 7:45.
Public comment was closed at 7:46.
COMMISSIONER SCHOCH asked what an ODP was.
KARA MUELLER responded that it was an Official Development Plan.
COMMISSIONER SCHOCH asked about the 50' bell tower and did the City have restrictions for the height limitation?
KARA MUELLER stated that yes they did and it was proposed in the Springfield Green ODP Modification No. 1 that they could have architectural structures that are not habitable and they could go up to 50' in height. They are meeting what has been previously approved.
COMMISSIONER SCHOCH stated that the vesting period of 25 years is a long time. What happens if Carma goes under during that 25-year span? Who owns the property and what happens to the development proposal?
PAUL KENNEBECK stated that what is vested is the right to develop. It doesn't matter who the developer is or the homeowner. There will be portions of this property sold to different developers. It is the overall plans from the ODP's and the development agreement that will control the future developments.
COMMISSIONER SCHOCH asked if another developer steps in to continue the development of the property would they meet the rules and standards that are established this evening?
PAUL KENNEBECK said that is correct and they would have to continue to come back to Lakewood for the building permit process.
COMMISSIONER ROHR asked for clarification of where Westwind Development is located. Was it located in Springfield Green or is it south of the Springfield Green approval?
KARA MUELLER said that it is south of the Springfield Green Official Development Plan zoned property and has it's own Official Development Plan, the Westwind Official Development Plan. This will become one of the super lots and will have it's own underlying zoning. The zoning is not changing and it's just being platted as a portion of Solterra.
BECKY CLARK suggested that Kara show the pictures where they are located.
JOHN PLOTKIN asked if she could show where the super lots were located.
KARA MUELLER indicated on the screen behind the Commissioner's where each super lot was designated.
COMMISSIONER ROHR asked who would be providing water and sanitation to the Westwind Development?
CHRIS BREMNER stated that Carma has provided a letter to Westwind, which is now called WEWIN, indicating that they have water allocated for development of the property whether Carma buys it or not. Green Mountain Water and Sanitation has a feasibility study that will include Westwind and they will be in their service area.
COMMISSIONER ROHR asked if they have worked out an Intergovernmental Agreement with Green Mountain?
CHRIS BREMNER stated that they are in the process of doing that.
COMMISSIONER BROWN said that he is curious about the water tank. Is this a big tank, what is it for?
CHRIS BREMNER stated that the water tank is a Consolidated Mutual Water Company tank for their development and for the whole Lakewood portion of the Rooney Valley. It is a 5 million gallon water tank and it is a two-stage water tank.
COMMISSIONER BROWN asked if it was underground?
CHRIS BREMNER replied it was and that it will be 35 feet underground. You will not be able to see it on the hillside.
COMMISSIONER URBANOWSKI asked how many water tanks there are on the Green Mountain property or William Frederick Hayden Park?
ROSS WILLIAMS said that on Green Mountain there are seven water tanks surrounding the mountain. Most of them are on private property owned by the water districts. This is the only tank that is on City owned property. The tanks were there before the City owned the property
COMMISSINER GOLLEY asked if appropriations have been made with the school district in regard to schools.
CHRIS BREMNER replied that the district is looking at Rooney Ranch Elementary and Dunston Middle School. Jefferson County School District is telling them that there is enough room in the future to fit more children into the school system. There a couple of school sites located just outside of Carma and they are in the Coyote Gulch and Tamarisk area. The County did not ask for any additional schools.
COMMISSIONER GOLLEY asked if the schools would accommodate the entire plat?
CHRIS BREMNER said it would accommodate the entire development.
COMMISSIONER GOLLEY asked who would provide the fire safety?
CHRIS BREMNER answered that West Metro would provide fire safety to the site.
COMMISSIONER GOLLEY asked about the cost of C-470 and the 3 entities responsible for that area. Is Carma paying for that?
CHRIS BREMNER said that Carma is paying for the investment for engineering in order to get the engineering documents approved by (CDOT) Colorado Department Of Transportation. That is in the range of about 2 million dollars. Lakewood and Jefferson County have stepped up as well. Lakewood's amount is about 2 million and Jefferson County is 7 million. These funds are to be paid by the Green Tree Metropolitan District. The funds will be paid back to Lakewood and Carma.
COMMISSIONER GOLLEY asked what would be the average price of the homes?
CHRIS BREMNER said that the homes will start at $500,000 and up to 2 million for the Parade of Homes and there are only thirteen of these. There is a large list of people that are interested in this community.
COMMISSIONER GOLLEY asked if these are spec homes or is there a buyer.
CHRIS BREMNER said that it will be a little of both.
COMMISSIONER SHEFFIELD asked about the open space for Tracts K and L. Why does it stop in Lot 77 instead of continuing through?
CHRIS BREMNER explained that it is for a future detention pond. They are not platting that with this filing and will plat it in Filing 3.
COMMISSIONER SHEFFIELD said that he had concerns about the crossing on Iliff. Specifically the sidewalk and the wildlife corridor that is proposed to go across Iliff.
CHRIS BREMNER said that it will be part of the future filings and right now they are just putting in the road. They have provided a speed table in order to slow traffic down going across Iliff. The speed table lines up with the path coming south and then there will be a pedestrian/bicycle slow down on the path coming to the intersection. This will be in the future plans.
COMMISSIONER SHEFFIELD asked how the topography of Filing 2 is meeting the intent of the Master Plan.
CHRIS BREMNER replied that they have to meet the engineering requirements for the roads and the intent of the Master Plan. Some of the engineering requirements necessary for safety have been challenging.
COMMISSIONER SHEFFIELD asked about the zoning for the rest of the properties.
KARA MUELLER replied that the far western portion of the Westwind ODP would be for commercial. If you begin on the eastern edge of the Westwind parcel and move to the west it is single-family then multi-family zoning and finally commercial. The rest is zoned residential.
COMMISSIONER SHEFFIELD felt that 25 years was a very long period of time for vesting and asked what areas were included in the vesting?
KARA MUELLER stated that it is the site-specific development plan, Solterra Subdivision Filing No. 2 that is the land area that they are seeking to vest, including Solterra Subdivision Filing No. 1.
COMMISSIONER SHEFFIELD asked why they are asking for a maximum of 25 years and felt that was an extremely long time in a residential area.
CHRIS BREMNER pointed to the screen behind the Commissioners and indicated the entire perimeter that is included. This also includes the WESTWIND, Lakewood West properties and the totality of Springfield Green.
COMMSSIONER SHEFFIELD asked why 25 years?
CHRIS BREMNER said that he believed 25 years was appropriate because there are a lot of projects at a standstill in the Denver area right now, although they are not affected at this time. He added that they have afforded a lot of capital and investment in this project, which is around 40 million dollars, and they haven't sold any lots. He believed that 25 years was appropriate to protect the asset that they have in light of some of the issues that have happened in the metro area. It is a real potential that another '911' could happen.
COMMISSIONER PLOTKIN said he would like to thank staff and the applicant for getting the big picture before them. He asked where the super lots are located in the subdivision.
KARA MUELLER indicated on the screen behind the Commissioners where the lots are located.
COMMISSIONER PLOTKIN asked her to explain the significance of the separate super lots.
KARA MUELLER explained that the Richmond Homes parcel and the WEWIN parcel are signatories on the plat. They wanted to go ahead and separate those pieces out. The others have to do with phasing or separation.
CHRIS BREMNER said they have a contract with WESTWIND to purchase, assuming the vesting gets approved, and they will be doing a land exchange with Richmond if the vesting is approved. The agreement with Richmond is to exchange acre for acre.
COMMISSIONER PLOTKIN asked what was being vested and an explanation of what the rights were.
PAUL KENNEBECK explained that Planning Commission and City Council had previously approved documents that relate to the zoning and the zoning density per the Modification.
COMMISSIONER PLOTKIN asked if this was for the Springfield Green Modification and asked if this was part of the bigger picture they were looking at now?
BECKY CLARK stated that the Modification is one in the same for the property that is before them this evening. In addition to that, it is the other official development plans that are also before them this evening, the WESTWIND ODP and Lakewood West ODP.
COMMISSINER PLOTKIN asked if those were parts of the bigger subdivision that is proposed?
BECKY CLARK replied it was.
COMMISSIONER PLOTKIN asked what rights they would be vesting in this subdivision and asked why they want a 25-year vesting term?
PAUL KENNEBECK replied that all of the development rights that are contained in this property are being vested.
AMANDA SMITH, representing the applicant, 950 17th St., Denver, CO., stated that the vesting essentially includes things that have been approved to date. It will not include more detailed approvals going forward.
BECKY CLARK said that if Planning Commission will look at their Findings Of Fact in the Vesting report it lists each one of the items that will be vested as of tonight.
AMANDA SMITH added that the Draft Development Agreement in the packet also lists the approvals included for vesting.
BECKY CLARK said that it is included in the Findings of Fact and it does refer to the Development Agreement.
COMMISSIONER PLOTKIN had a question in regard to the steeply dipping bedrock and asked if the City will be closely monitoring this?
BECKY CLARK replied that was correct.
COMMISSIONER PLOTKIN had a question in regard to the motions.
BECKY CLARK said that it is legally correct that Planning Commission could take the Preliminary Map and the Final Plat as one motion and then the Vesting could be taken as a second motion.
COMMISSIONER URBANOWSKI had a question in regard to the Iron Spring Park improvements. Is this coming in Phase III?
CHRIS BREMNER said it will be Phase I and they are working with the Parks Department on the landscaping plans and the construction documents so construction can begin this fall and be finished this spring and open to the public for the grand opening in June of 2008.
COMMISSIONER URBANOWSKI said that there seemed to be some very tight time lines with the Parade of Homes and C-470. He asked if there were contingencies in place if some of the plans didn't work out?
CHRIS BREMNER said that there are plans in place and they are focused on getting it finished. He added that they are on schedule and the builders are confident that they will be able to build homes of high quality for the Parade of Homes.
COMMISSIONER URBANOWKSI asked why there are super lots? Is it because there are no road and lots detailed, and they will come back to Planning Commission in the future?
CHRIS BREMNER replied that in 1986 the Master Plan had super blocks and he is just basically trying to wipe the slate clean. Every time you come to a super block you have to do replatting. In this case, some of the locations were drawn on the 1986 plat. They wanted to get rid of the super blocks and not have any confusion for the filings that will be coming forward.
COMMISSIONER SCHOCH asked what constitutes a private street?
KARA MUELLER replied that there are new TED'S (Transportation Engineering Development Standards.) Private streets are private and they are not required to meet the public street standards; however the City does not accept that street and they don't inspect them. The City will ask that private streets be designed to public standard in case they get a request to take it over in the future. Most of the streets in this development will be dedicated to the City of Lakewood. Once the City accepts those streets the City will maintain them. The City has asked Solterra to design any private streets to public standards in case a request for the City to take them over occurs in the future.
COMMISSIONER SCHOCH asked if there was any language in a development agreement to protect the Lakewood taxpayers from maintaining a private street?
BECKY CLARK said that there are no private streets in the Final Plat or Preliminary Map that they are approving tonight. There is one private street that was previously approved and that was in the administrative plat process.
COMMISSIONER SCHOCH said he was looking at West Evans Place as the private street.
BECKY CLARK said that was in the Parade of Homes section and it was previously done.
JOHN PADON, Principal Traffic Engineer, said that as far as the public taking over a private street would require that the street be accepted and in good condition. The City would do an inspection for cracks in the sidewalks, check the asphalt, it would be overlayed and redone if it didn't meet City standards, and then it would be up to the City Engineer if it's acceptable.
COMMISSIONER SCHOCH asked who would pay for the paving if the City didn't take over a private street?
JOHN PADON said it would be up to the homeowners' association that would be involved with the private street.
COMMISSIONER PLOTKIN asked if the Plat and Preliminary Map is before the Planning Commission for approval this evening and the Vesting is recommended for approval by City Council?
KARA MUELLER stated that was correct.
COMMISSIONER PLOTKIN moved a motion that Planning Commission approves Final Plat Case No. FA-07-001 and Preliminary Map Case No. PA-07-001 based upon the following findings:
a. Carma Lakewood, LLC, a limited liability company; Richmond American Homes of Colorado, Inc., a Colorado corporation and WEWIN, LLC, a Colorado limited liability company (collectively, the "Applicant") and has submitted an application requesting approval of a Final Plat and Preliminary Map for a major subdivision in order to subdivide the subject land into 111 lots, 12 tracts and 6 super lots for future subdivision; and
b. Notice of Planning Commission's Review to the fee owners of the property and residents within 500 feet and registered neighborhood associations within 1,000 feet was made as required by the Lakewood Subdivision Ordinance; and
c. The Preliminary Map and Final Plat conform with the regulations as outlined in the PD (Planned Development) zone district, more specifically the Springfield Green Official Development Plan (ODP) and ODP Modifications No. 1 & 2, Lakewood West ODP and Westwind ODP; and
d. The Preliminary Map and Final Plat applications were reviewed by the appropriate outside referral agencies and no adverse comments were received; and
e. The applicant has met the requirements of the Subdivision Ordinance and the Final Plat and Preliminary Map are consistent with the City's Engineering Regulations, Major Street Plan and Bicycle Master Plan; and
f. Public improvements were required and a Development Agreement was previously signed with the Springfield Green ODP Modification No 1; and
g. Cash-in-lieu of parkland dedication fee will be satisfied for this subdivision with the dedication of Tracts K and L, future dedication of the eastern and western corridors per the Springfield Green ODP Modification Nos. 1 and 2 and conveyance of Tracts A, B, C, D, E, F, G for open space and landscaping, and Lot 58, Block 1 for community center to the Fossil Ridge Metropolitan District No. 1. Parkland dedications for community parkland portions of the subdivision have been satisfied by a prior cash contribution to the City of Lakewood; and
h. The Solterra Subdivision Filing No. 2 subdivision plat, along with the associated development agreement, is the "Site Specific Development Plan" for the purpose of establishing vested property rights pursuant to Article 18 of the Lakewood Zoning Code and C.R.S 24-68-101, et seq. Tracts H and J will be conveyed to the City of Lakewood for municipal purposes contingent upon City Council approval of vesting case VS-07003 for the vesting of property rights; and
i. Cash-in-lieu of school land dedication fee is required with this subdivision. A fee in the amount of $1,133 per lot will be paid for the 111 proposed new lots at the time of building permit for each lot, totaling $125,763; if the six super lots are not further subdivided then $1,133 will need to be paid for each lot when a building permit is issued; and
j. The Final Plat and Preliminary Map are in conformance with the City of Lakewood Zoning Ordinance, the Subdivision Ordinance, Comprehensive Plan, and other applicable regulations.
COMMISSIONER SCHOCH seconded the motion.
Motion passed 7-0
COMMISSIONER SHEFFIELD moved for the motion that the Planning Commission recommends
that the City Council approve Vesting Case No. VS-07-003 based upon the following
findings:
a. Carma Lakewood, LLC, a limited liability company; Richmond American Homes of Colorado, Inc., a Colorado corporation and WEWIN, LLC, a Colorado limited liability company (collectively, the "Applicant") is vesting property rights for the Solterra development according to the Solterra Subdivision Filing No. 2 subdivision plat; and
b. The Springfield Green ODP and Springfield Green ODP Modifications No. 1 & 2, Lakewood West ODP and Westwind ODP describe the land uses, development standards, and the design and development regulations, or as may be amended in the future, relating to the development of property encompassed by Solterra Subdivision Filing No. 2; and
c. Solterra Subdivision Filing No. 2 has been approved by the Planning Commission; and
d. The Solterra Subdivision Filing No. 2 subdivision lat, together with its associated development agreement, and certain other approvals more particularly described in the development agreement is the "Site Specific Development Plan" for the purpose of establishing vested property rights pursuant to Article 18 of the Lakewood Zoning Code and C>R>S 24-68-101, et seq; and
e. Planning Commission recommends that the City of Lakewood enter into a development agreement with the applicant providing for the establishment of vested property rights for 362.23 acres, more or less and
f. The Planning Commission finds that the Solterra development, as set forth in the Solterra Subdivision Filing No. 2, which is a Site Specific Development Plan, is entitled to a period of vested property rights for 25-years from the effective date of the vesting ordinance and subsequent notice of publication. Said vested property rights as defined in the development agreement are appropriate in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic factors, and market conditions; and
g. Tracts H and J shall be conveyed to the City with the approval and subsequent recordation of the vesting ordinance for Case No. VS-0-003; and
h. Notice of the Public Hearing to the fee owners of the property and residents with 500 feet and registered neighborhood associations within 1,000 feet was made as required by Article 18 of the Lakewood Zoning Ordinance; and
i. The request was reviewed by the appropriate agencies; and
j. The proposal, as evidenced by the Site Specific Development Plan, is compatible with surrounding uses; and
k. The proposal is consistent with the goals of the Comprehensive Plan.
COMMISSIONER SCHOCH seconded the motion.
Motion carried by a vote of 6-1 (Commissioner's Plotkin, Sheffield, Golley, Brown, Rohr, Urbanowski voting aye; Commissioner Schoch voting nay)
APPROVAL OF MINTUES
Minutes from the Public Hearing meeting of June 6, 2007 were approved by a vote
7-0.
GENERAL BUSINESS:
Becky Clark informed the Commissioners that there would not be a public hearing
on August 1. There will be a Study Session on August 8 and a potential public
hearing on August 15.
ADJOURNMENT:
Meeting adjourned at 9:15 P.M.
Joyce L Wayman, Acting Secretary To the Planning Commission
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