HomeMy WebLinkAboutMINUTES Planning Commission 1988-12-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
December 20, 1988
Commission;
Attending:
Also Attending;
Absent:
Chairman Al Sager, Commissioners David
Barker, Duane Blair, Mark Brown, Polly
Garrett, George Hix, Richard Wood
Chairman Sager, Commissioners Barker,
Brown, Garrett, Hix, Wood
Mayor Dannels, Town Administrator
Klaphake, Town Attorney White, Town
Engineer Widmer, Town Planner Stamey,
Secretary Jones
Commissioner Blair
APPROVAL OF MINUTES
The minutes of the Planning Commission meeting held November
15, 1988 were submitted and approved.
Chairman Sager advised the Commission and audience that the
amended plat for Lot 3, Country Club Estates, Ernest
Petrocine, applicant, had been withdrawn.
SPECIAL REVIEWS
2.a. Special Review #88-3, Carousel at National Park Village
South, Applicant: Deer Ridge, Inc.
Commissioner Hix announced that he had a
interest and would abstain from discussion and voting on
this request.
Chairman Sager advised that this was a continuation °f the
Searin^held on November 15, 1988 and reviewed the public
hearing procedures to be followed.
Planner Stamey identified letters that had been received in
opposition to the carousel since the November meeting, as
follows:
11/18
11/30
12/02
11/30
12/05
11/11
11/09
11/14
11/11
12/02
11/13
12/05
12/05
12/08
12/09
12/02
11/19
11/15
11/17
National Park Service, James Thompson
Robert & Elizabeth Clark
Philip & Susan Coverdale
Oliver Schroeder
Roger Klinkhammer
John & Mona Mae Caldwell
Melvin & Masel Kallenbach
Harlan Lindberg
John & Lela Klein
Bernard & Kristine Holien
Joan Garber
Marge & Dale Hall t, nVirginia & Gordon Krieg/Mabel Reed
Ron Robinson
Bud & Mary Duryea
Bill Rosenfeld
Warner & Ruth Reeser
William Dye _
John & Genevieve Kirsch
Alice Davis
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - December 20, 1988 - Page 2
A letter was also received from Edwin L. Davis in support of
the carousel.
Planner Stamey identified the Special Review Criteria which
the Planning Commission should consider, as follows:
o Suitability of proposed location, considering: nearby
land uses; environmental characteristics of the site;
building and site design; visual, noise or other
intrusion into adjacent premises, or departure from the
established character of the vicinity; social,
economic, or community needs; adequacy of roads, water,
sewer.
Mr. Roger Thorp, representing National Park Village South,
commented that it has become more apparent that the degree
of concern over the carousel was higher than anticipated. He
further stated that applicant has spent the past month
trying to determine ways to resolve the concerns and make
the carousel something that is reasonable for the neighbors
to accept and still be a viable business on the property.
He advised that a study had been made concerning effects of
noise and, if after operating one season the concerns of
neighbors are verified, applicant would dismantle and remove
the carousel.
Mr. David Floyd from the Electronic Endeavor, Inc., was
engaged by applicant to conduct a study measuring sound
levels at various distances from the proposed location of
the carousel. He distributed copies of this study to the
Commission. He stated he was asked to establish an
"acceptable" sound level and track the volume at distances
of 100 ft., 200 ft., and 500 ft. He further stated that the
distance from where the carousel would be located to the
north property line was 380 ft. The carousel music should
be operated at between 65 - 70 decibels, but he made the
tests at 90 decibels. Sound traveled past the property line
toward the High Drive area, but did not seem to be a problem
at the property line on Mary's Lake Road or Spur 66.
Spruce Lake RV Park co-owner, Charlotte Robinson, who had
sound test experience as a speech pathologist for 20 years,
disputed the test accuracy. She questioned wind level, time
of day, traffic in the area at the time of testing, number
of tests done, the mamber of days tests were made,
individual tone testing and location of speakers.
Ron Robinson, Spruce Lake RV Park, also commented in
opposition to the carousel. He cited a number of letters
received from Spruce Lake RV Park customers opposing
locating the carousel at NPVS.
Phil Stern of Allenspark, commented_that he did not feel the
carousel would be appropriate just outside ^he pa^2
entrance. He felt the entranceway to the Park should be the
prime consideration in this matter.
Testimony in opposition was also heard Jjeanaweaver
(Lower Broadview), Cindy Oliver BrYnwo°di'
(Marys Lake Road), Mark Whittlesey (Lazy R
Gimar (President of High Drive Property 0wner s Assoc. , Tom
Watts (Aspen Drive), Jacquelyn Johnson (High Drive), and
Harr? cSdL (Mar^s Lake Road), all voicing concerns of
noise levels and light pollution.
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Planning Conunission - December 20, 1988 - Page 3
Chairman Sager declared the hearing closed. Commissioner
Brown referenced the November 18th letter from the National
Park Service. Don Brown, Assistant Superintendant, responded
that the Park did not oppose all development but was mainly
concerned about density and the quality of experience people
have as they approach the Park.
Chairman Sager read the section of the sign code that
prohibits lights that rotate, blink, or flicker. He
commented that he found it difficult to separate the sign
code requirement from the proposed carousel.
Commissioner Barker also cited concern about noise levels
and lighting. He commented that approval of the carousel
might set an undesirable trend and moved to forward a
recommendation to the Town Board that Special Review 88-3 be
denied. Commissioner Garrett, citing concerns of visual and
noise intrusion into adjacent properties,seconded the motion
and the vote was as follows; Commissioners Barker, Brown,
Garrett, Sager, Wood voting in "favor" of the motion for
denial; Commissioner Hix abstaining; Commissioner Blair was
absent.
2.b. Special Review #88-4, Woodstock Building, Lots 5 & 6,
Deville Subdivision, Applicant; Tim McPhee
Chairman Sager advised that this Special Review was being
continued from the November 14th Planning Commission
meeting. Commissioner Hix declared a conflict of interest
and advised that he will not participate in discussion or
vote on this request.
Planner Stamey commented that a revised development plan had
been submitted by applicant but there were still areas that
needed to be addressed regarding drainage, handicapped
access and grades.
Bill Van Horn, representing applicant, commented about items
not addressed on the revised plan and stated they were
willing to work with town staff to resolve these issues.
Commissioner Sager expressed concern with approving a plan
with numerous conditions and stated that most items should
be resolved with staff prior to the Planning Commission
meeting.
Tim McPhee, developer of the project, requested approval of
the request, stating that they would work with town staff to
resolve any deficiencies that may exist.
After further discussion. Commissioner Brown moved that this
request be favorably recommended to the Town Board, V7ith the
following conditions, and providing that all conditions be
resolved prior to submittal to the Town Board:
1.
2.
3.
Handicapped access to building be provided. Provide
adequate curb cut, entries, and sidewalk cross-slope.
Provide one handicapped parking space.
Show water line location and maintain minimum 5' ground
cover, or what exists now.
With 1:2 slope on north property line, it would appear
that 6" diameter rip-rap would slough off. Need to
evaluate or provide different slope or different bank
stabilization method.
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Planning Commission - December 20, 1988 - Page 4
5. Phase II will require a drainage route. Need drainage
system and plan for Phase II construction. Need to
identify how Phase I drainage will be handled when
Phase II is built.
6. Phase II area currently drains to detention pond area.
Storage for this should be provided.
7. Amended plat to combine the two lots will need to be
submitted and approved prior to issuance of a building
permit.
8. Provide more detail on parking lot landscaping
materials. Identify Phase II planting area(s).
Commissioner Barker seconded the motion and the vote was as
follows:
Those voting for approval: Commissioners Barker, Brown,
Garrett, Wood, Sager. Commissioner Hix abstained;
Commissioner Blair was absent.
REZONING
3.a. Request for Rezoning, Lot 2, Petty;]ohn Addition,_211_5_
Fall River Road, Applicant: Darold Rohrbaugh
Request was withdrawn at applicant’s request.
SUBDIVISIONS
4.a. Amended Plat, Lots 1 and 2, Pettyjohn Addition, 2115
Fall River Road, Applicant: Darold Rohrbaugh
commissioner Hix declared a conflict of inter®®
he would refrain from discussion or voting on this request.
Mr Bill Van Horn, representing applicant, stated the
request is to oombini two existing lots with a total srte of
11.01 acres. The amended plat creates a single lot “h
currently is located in two zoning districts. For
clarification, Attorney white advised placing a note on the
plat, as follows:
"This amended plat creates a single lot
is located in two different zoning districts. For
building and use purposes, for e^ampla'shill density calculations and setbacks, the property s^Jii
be administered as though it were two separate lots,
one in each zone."
thl motion and it passed unanimously, with Commissioner
abstaining and Commissioner Blair absent.
1640 AyaTonClub EstatesAmended Plat IjOu j u.iil.y ------------------*F.rnAKt Petrocine and Kidwell Investments4 .b.licant:
hanSLSt"Sivtfl?omthSighIo?”g rSsWents'Sppocing'mS
5ot spUt. ^hfletters were forwarded to applicant,
planner Stry read a letter from «.s rccine^d^t^
Sf wher4in1hrstaa«de?rat due to etrong opposition he
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - December 20, 1988 - Page 5
was withdrawing from consideration his request to divide Lot
3 into two separate lots. Commissioner Hix moved to
acknowledge receipt of the letter from Mr. Petrocine
withdrawing his request. Commissioner Wood seconded the
motion and it passed unanimously.
4.C. Woodlands Subdivision, Applicant; Gerald Palmer
Planner Stamey advised that when Woodlands Subdivision was
approved, a note was placed on the plat which stated:
"There shall be a 25 ft. building setback from all lot
lines."
The developer is requesting that this note be deleted to
permit buildings to be placed in accordance with the R-S
District regulations, as follows:
Street - 15 ft.
Side - 10 ft.;
Rear - 15 ft.;
25 ft. when abutting E-Estate
25 ft. when abutting E-Estate
Planner Stamey further advised that the original intent of
the note was to provide 25 ft. setbacks from the Estate
subdivisions to the north and south. This is now addressed
in the zoning ordinance. Commissioner Hix moved to delete
this note from the plat. Commissioner Garrett seconded the
motion and it passed unanimously.
5.DEVELOPMENT PLANS
5.a. Development Plan #88-4, Northwest Corner of Raven Ave.
& Olympian Lane, Applicant: Ron Harvey
Applicant is proposing to add two dwelling units to the
site. One unit attached to the existing duplex, the other
in a separate building. Ron Harvey, applicant, stated that
the items set forth in the staff report would be complied
with.
Commissioner Barker moved for approval of this request with
the following conditions:
1. Olympian Lane ditch be improved to contain 100 year
developed flows and be stabilized against erosion. A
cross section of ditch showing high runoff
stabilization be shown on development plan. The ditch
have a minimum depth of 6" and side slopes no greater
than 3:1.
2. Provide drainage study and calculations for ditch flows
and capacity.
3. Vested rights statement be added to development plan.
Commissioner Brown noted staff's concern about existing 1"
service line which could cause inadequate water flows.
Commissioner
unanimously.
Hix seconded the motion and it passed
There being no further business, the meeting adjourned at 4:15
p.m.
arolyn Jone