HomeMy WebLinkAboutMINUTES Planning Commission 1990-08-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
August 21, 1990
Commission:
Attending:
Also Attending:
Absent:
Chairman A1 Sager, Commissioners Wendell
Amos, James Banker, Mark Brown, Harriet
Burgess, Alma Hix, Richard Wood
All
Community Development Director Stamey,
Town Administrator Klaphake, Public Works
Director Widmer, Trustee Garrett,
Secretary Jones
None
Chairman Sager called the meeting to order at 1:30 p.m.
1. APPROVAL OF MINUTES
The minutes of the Planning Commission meeting held May 15,
submitted. Conunl^sioner Brcwn requested changes
be made on Page 2, last paragraph to real,l0“^;
"Commissioner Brown expressed concern regarding th
aoDlicant's request for crushed granite surfacing rather thanaShajr or concrete on drives and *all
vramiiat-ion 17 24 010 requires hard surfacing of all newiyco^tructed of/Street pLhlng a— if
drives, .if involving six « a"'°retPearkp\nagnnfnaJ:e^ may
ap^ove10an ^"Jt^rnatrvl -^0^ which "b9ecause of > dust,
erosion, water accumulation, and unsightly conditions .
A previous development plan for this site involving 14 parhi^
the amended plan is substantial y , Y nt proposal calls
cogns\erruao\1Ln l1U^rtSotParsp9acesTnc^^^^^^^^^^^^ pPathing area
containing 16 spaces.
ad^dS o^r^^eBl3r9toSreadUast^<ollowsf<^^1^'P^lrkingtarea0raay be
constructed of crushed granite". r.hpse changes.The vote was unanimous in support of these changes.
2.
Mi Casa SubdivisionPlat and Concept PlanPreliminaElkhorn Appliccint: Neil RosenerP.U.D.
Mr. Greg Rosener, representing Neil . Mary Rosenrs,oaddreSaSie^
the C0™1?51,?" sk®klnS19t34at The ^endment changes the concept
SriltacheTuntts1 to19singlehefaamily detached, with one zero
lot line.
Director Stamey reviewed_34Pand Vi^tagLane.t tHe
subdivision is located off y th lot anci open space
stated that the proposal f%ls1eoStst^|inaininrat 14 and the
arrangement, with the nurabe provided. He noted that La
required 30% open sPa.ce be'Lagr>ii^lic street. He also advised Grande Lane will be built a p d refiled with this
of a soils study compiled in .l198+icJnafa5aits 0f the lower
amended plat which ;4ld;LPatea a°r1rements for foundations, area and identifies design requirements tor
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - August 21, 1990 - Page 2
Correspondence dated August 20 was acknowledged from the
developer's architect, J. W. Miller & Associates, addressing
staff comments. Mr. Miller advised the Commission that the
items contained in the staff report would be included with
final plat submittal. Correspondence was also acknowledged
from the Public Works Department, Town Attorney White, Light
& Power Department, Upper Thompson Sanitation, and Public
Service.
Commissioner Brown moved for a favorable recommendation to the
Town Board of the Preliminary Plat and Concept Plan, _ Mi Casa
Subdivision, P.U.D. with the following conditions on
recommendation of staff:
1. An improvement guarantee for all public improvements be
filed and approved by the town prior to final plat
approval.
2. Engineering drawings of all public improvements,
including streets, water lines, and
submitted and approved by the town prior to final plat
approval.
3. An 8" water line and hydrant be installed on La Grande
Lane.
4. sewer line extension to Lots 16 17 & 18
appropriate easements for this line and for gas service.
The east property line drainage easement be rip
with 12" diameter (minimum} I^ate^^al^e androteecte? frSm
maintenance of the drainage facilities.
6. curbs be constructed on both sides of La Grande Lane, and
cul-de-sac island details be shown.
7 A pedestrian access easement be provided between Lo« 11
and 12 for use by the owners of Lots 16, 17 and
8.The access easement to Lots 5, 6, and 7 be noted as
private access easement.
• A Hix seconded the motion and the vote wasCommissioner A. hix
unanimous.
Amended not 24 Acres Subdivision
Applicant: Robert L. & Laura Bellea,^
Mr. Bill van Horn, representing MrMrs.^Belleau^ l^dividt
the Commission advising that PP create a second building
an existing lot into tw° 'a^°sCshowLg the placement ofsite. He submitted five photogr^h^nthof yatural screening
the existing house fad He^tated that unusual circumstances
«Is?ef ibegcauseProf the building placement and amount of
natural screening.
Director Stamey advised that the VlllageoAoreSbS^divisron was
originally plated in 1 subdivision plat, was thatoriginal intent, as stated on the subC1 divided to be less
no lots of less than one"1laJlf, acr®' fted He stated that
than one-half acre' w°^^ddiveision is not in character with
the1neighborhood^M^^stablishes1an undesirable precedent for
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Conunission - August 21, 1990 - Page 3
the neighborhood. He further stated that the subdivision was
developed under zoning regulations that required a minimum lot
size of one-half acre and the neighbors should have assurance
that this standard will be followed.
Correspondence was acknowledged from the Public Works
Department concerning setting of property pins and noting that
a vicinity map should be identified on the plat. The Light &
Power Department requested a ten foot utility _ easement be
provided adjacent to and along all property lines on both
lots.
Correspondence was acknowledged from Gary & Chris Shanafelt
opposing the proposed lot split. A petition with signatures
of other property owners within Village Acres opposing the lot
split was also acknowledged.
Testimony was heard from Linus Ruth, 906 Village Green
and Spencer Wyant, 1039 Lexington Lane, both opposing the
proposed lot split. Mr. Ruth stated that a wild life path
through the neighborhood would be endangered by
development and noted that the photographs submitted by Mr.
Belleau were taken before a house was built. He fei^
during development, a lot of the natural screening would have
to be removed.
After further discussion. Commissioner Brown moved
of the Amended Plat of Lot 24, Village Acr^s.0 VJ)b1do of th4
stating that, in accordance Wlth4. Sec^10^n ^ °xLt the Miinirinal Code, special circumstances do not exist _, rne
petitioner will not be denied a property ri^t, ^
will be materially detrimental to the neighborhood.
Co^issior^r^eWo<^e seconded the motion and the vote was
unanimous.
9 r> «;tanlev Village Subdivision, N.E. corner Hwy.34/H Bv-Pass, Applicant; Stanley Commercial Developme^
Mr Bill Van Horn advised the Commission of applicant's
propc^a\^t(^ subdivide the Stanley ParS
two lots, with proposed Lo being the remainder ofNational Bank and proposed L t 2 b g built; a
KSnaVs1p;?red HgTn£utthurebaop\i^^^^^
p^opLtyon wSdh the bank is i*4s^n0tfha4ee''Ji;oppIng
irnferW TCh°er1ed
“^OTiVslnonHw0ith ttrbSafk was \hat Ptg d be able to oontrol
some of the parking around their building.
Bob Porter, President of p.aric ^fat^^”ap4r^ingeintfronthSfbthe
would like to keep a portion bankincf hours only, in orderbank (north side) reserved banking h be
to accommodate customers, but Pweekends and during the
S“rrbercUau1sarSf1drP^?eSrsntc1Lsing9 damage to the drive-thru
banking machines.
Discussion continued re,g.ardig ? thS Director 1Stamey advised
placement of a .freestandin5 ^igbne* Dsigned a3 a iiit and,
that the shopping center t Lot a freestanding sign
technically, by -rnea^"^g1^tSePBaortahtL ° v^^^ Horn and Mr. Porter
advised6 theyC di<^Ino^^or^^*e need for a freestanding sign
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning commission - August 21, 1990 - Page 4
on the existing facility. Mr. Porter noted that if, in the
future, the use of the property should change, there might be
a need for one, and for that reason he would not like to see
a restriction placed on signage.
Regarding the current maintenance agreement for all common
areas of the shopping center. Director Stamey questioned if
the bank's participation will remain the same as it has been
in the past. Mr. Van Horn advised that the bank would accept
most of the maintenance responsibilities of proposed Lot 1.
In return they would be excluded from some of the maintenance
responsibilities of the center itself, ^ such as buildings
requiring maintenance, fertilizing, mowing of the center,
parking areas, lighting, Christmas decorations, general
maintenance of the center, sign replacement, etc.
Commissioner Brown commented that shopping center development
is created under a different set of rules than those that
apply to development on a single lot. It's a consolidated
type of design process that is separate from what would apply
to separate ownership of parcels. If separate ownership is
permitted, you can't rely on continued maintenance occurring.
He expressed concern with parking and the dividing of separate
parcels after the center had been developed under common
ownership.
commissioner Amos expressed concern that a precedent would be
set for other businesses in the shopping center if the ban
is permittedto separate from Stanley Village, thus creating
the possibility of a lot of areas going ul™®“t®10nDeDdi-o%”°t|^
^-14 iranaihAlinP\ten'lety|r%rra^^^^
lfsors^orrTgara«trero9r\^^^^^^^^
Coinmissioner
rdiSifatnery -e
rt-o? r?fii^j;i^
Burgess.
3. development plans
3 a. Amendment to Development Plan 90-2r Classy Chassis C^
Wash. Applicant; Charles Anderson
Mr. Paul Koohevar, representing Mr 5, “rst-h“f||??^naS1?wo
that the proposed amendment IXttortge area,
gas pumps and the expansion o pebruarv 1990. The site
The original plan was appr°v®^ the eJst side of Highway
is located north of Graves Avenue fL^wash facility
7, north of the Mountaineer Rf^^aurant. auto wash/
consisting of three thriite. He noted
and office area has .1^eenrr^°5Itfrom existing outdoor lighting
staff concerns ^agar^ing <?:i^acfei nf\°hmeepr10S^^^^^^ shielding the
and stated that applicant is dd sed signage concerns and
lights to eliminate glare. H added to the existing
advised that the prop10?e^f3S5fthin the total allowable square
le-arst
SigSngSLSrr% an^sldPe =tab??ization so the drainage ways
will function properly.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - August 21, 1990 - Page 5
Mr. John Dooley, representing Dooley Oil Co., addressed
concerns of unloading the gasoline transports. He advised
that a daily monitoring system of each gasoline tank would be
used to alleviate risk of spills. He also advised that fuel
deliveries would be either in early morning or late evening.
Mr. Ed O'Dell, operator of Diamond Shamrock, questioned
access for the transport vehicle.
After further discussion regarding ingress/ egress and
location of the proposed pumps. Commissioner A. Hix moved for
approval of the Amendment to Dev. Plan 90-2, Classy Chassis
Car Wash, with conditions as follows:
1. Prior to issuance of a building permit for
installation, the outdoor lighting be modified to
eliminate off-site glare.
2. A drawing of proposed signage be submitted and sign
permit obtained.
3. Show the "as-built" location of the power poles on the
development plan.
4. Modify the drainage system as follows:
The drainage swale leading from the south of the employee
parking aria around the pond to "ofheast corne^^^^
the property must
reSi^hrare^giii
to the detention pond must be stabiiiz
riprap or concrete.
commissioner Burgess seconded the motion and the vote was
unanimous.
4. REQUEST FOR REZONING
jlicant: John C._4.a. I-nt 28, Ronnie Prae Addition
Margaret Mott
Spiicalt'sSaSreerques?e||dre,?one lo1?:1^, hBo™i;2 Brie Xit?™
Residential to R-M Multiple Family.
Mr. Paul Koohevar addressed the Commission °"rsbe^ar“c°*0“;
£, Mrs. Mott, the present is located south of
the contract ^nrc^3ff S' 0Pf 7^ immediately south of
Graves Avenue on the two existing dwelling
the Aspenwood Medical anolicants want to rezone theunits. Mr. Kochevar stated that applica^ .n order tQ
lot from R-S Residential R, kfast nature for more than
operate a motel ° a ^ breakfast is a permitted use within
five persons. A .bad an<^a limit of five persons perthe R-S Residential district wi ±^ses allowed in the R-M
day. It was noted that abb b submitted a map showing theDistrict could occur. Mr. Koche b erciai tQ the n0rth,
surrounding zonin9 vf;^th ° SOuth. He stated that R-S
and R-M zoning to the easb and. sS° an island in itself
rdi?Linp-hSaprri|1|Sa|eaerUSrcperly soned in the past.
Mr. John Mott, the °™®^0°|r“tbecim|dIlllttldaLh|
and his wife have watched the properry
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - August 2i, 1990 - eaqe 6
residential property, with no new residences being constructed
in this area in recent years. He stated he believes the
proposed bed and breakfast would be a good compromise for the
use of this property.
Ginnie Baker and Jerry Lefebvre, adjacent_property owners,
spoke in opposition to the proposed rezoning.
that the area is a viable residential neighborhood, that the
properties are well maintained, and that the neighborhood
should not be changed. Director Stamey acknowledged receipt
of a petition signed by property owners in Bonnie Brae
Addition opposing the proposed rezoning, stating that it wouia
adversely affect the values, enjoyment and utilization ot
their properties. Correspondence was acknowledged fro^
owners of the Aspenwood Medical Center opposing the proposed
rezoning. Chal^an Sager read a letter from Mr. >,rs.
Princehorn in which they advised of their proposed plans fo
development of the property.
Director Stamey identified the following criteria the
commission should evaluate in raakJ;l?g1 lts. ^®c°]^®blish2d'land1. Is the proposed change compatible with established lana
use patterns?
2. Will the proposed change create an isolated district,
thus becoming spot zoning?
3. Have the basic land use conditions changed?
4. Will the change adversely affect living conditions in the
neighborhood.
5. can the property be used in accordance with the existing
zoning regulations?
6. Are there adequate sites for the proposed use in
districts permitting such use.
7. Will an undesirable precedent be set by^ allowing the
zoning change at this location at this time.
There being no further testimony, chairman Sager closed the
public hearing.
After noting staffs suggested criteria *°rveca°nstide^|^jSS;enl
approvalIlofl^thisnres<oningS reqi^1^! ^ncTIcitedethe following:
the PpS t0o ^he n-\hi^LCol0/s;-sa^!?^a?neivided,
R-M zoning would not be detrimental.
1.
2.
3.
4.
5.
in consideration of th®. SoSdanottbe
various zoning surrounding the site, this woui
spot zoning.
arterials.
The change in zoning will not adversely affect living
conditions in the neighborhood.
The property can used in accOhrdansCebWlthstheueiXlsting
The^pr^a^i^a2^i^^df ^"^g^gS^u ]^Q^^,5OI^i(iei^thisnto^be
lcontmicarm fefslbTe'o operate a bed & breakfast with
that limitation.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - August 21, 1990 - Page 7
6.
7.
8.
9.
Regarding adequate sites for the proposed use in
districts permitting such use, Commissioner Brown
suggested that free market conditions should apply.
An undesirable precedent will not be set by allowing the
zoning change at this location at this time. Commercial
and multi-family development is already present. It opens
up the possibility for more affordable housing.
The surrounding properties are the same or similar use.
Its good planning to provide a transition Jone ^r°^
commercial, to single family, to E-Estate. R-M falls
line between Commercial and R-S
coSpounlTroblem/ forartShea"els9hb°rS°??4a a vole'whicr^SI
shcSld be retained. Chairman Sager called for a vote r _
as follows: Those inBrown- those voting tocommissioners Banker, Wood, ^-Hix, Brown, tnos
deny. Commissioners Amos, Burgess, Sager.
PUBLIC HEARING
R.a. Amendment to chapter 16 of the Municipal Code Concerni,
Snhtdi vision Regulations
Chairman Sager declared the PflJc=OI1J;fn^Mr%nIcatlo^^^
Stamey advised the Coma t*wn.s subdivision regulations.
Ma^or1revisionstinclude the following:
SUBDIVISIONS:
5.
6
a sketch plan would
Section 16.12.040_ ^Pa^® j*uv)(:j2.vision would create ten
be required when a Prop k tch pian would be a working
or more lots. The s^a^<;1iopPeiranand staff and_ would
document betweenrt.ppitvd to have early input into a provide an opportunity to
development proposal.
, Tc 19-4^ Preliminary plat16.12.050 (Page [ged. it was suggested
submittal intoI1‘;^1°ntshasShoSd also consider development Sfec?rse^imwfirdyiile!twil«St hazards and soenic views.
/ If; 19-10) Minor subdivisionsWithout preliminary
plat submittal.
1 c 1 f;-i 1 Design and construction
r>v.a-ntpr 16.16 (Page 16. boen set forth m
Si^dards fSF Publid thbse design standards
the regulations. Add;i;t;L in mountainous terrain,are modified developmen when cur are used on
design'and6constructionastandards as public streets,
section 16.16.040 (Page.16.16-5)• Reguires undergroun
ll^mesubdivisions. lmprovements
1g6ukfa;UedRprTortotf\nal plat approval.
I
4
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - August 21, 1990 - Page 8
7.
8.
16.24.010 (Page 16.24-1). Sets forth standards to grant
exceptions to the regulations.
Appendix A, B, C.
illustration.
Reformatted information and design
Director Stamey Stamey advised that at various study sessions
the following sections were eliminated: impact mitigation,
condominium conversion review, and design guidelines appendix.
Mr. Bill Van Horn expressed concern with items 13 and 14, page
16.12-4 regarding wildlife habitat, wildfire hazards, and
intrusion into or blocking of scenic views. Suggested if
these items were going to be considered, there should be
specific standards required. On page 16.16-1 under Design
Construction Standards, Mr. Van Horn suggested item A. be
eliminated, as the Comprehensive Plan is outdated. Mr. Van
Horn also discussed private streets, cul-de-sacs and
driveways.
Mr. Paul Kochevar also expressed concern with items 13 and 14
under "Proposed Development". Suggested review criteria be
established.
Hearing no further comments. Chairman Sager declared the
public hearing closed. Commissioner Amos noted that items 13
and 14 seem to be a concern. He stated that it is hard to
define what a "scenic view" is. Commissioners Burgess and
Brown suggested a section be added for Historic Guidelines.
Director Stamey advised the Commission that items 13 and 14
(wildlife habitat and scenic views), and the Comprehensive
Plan reference could be deleted at this time.
Following further discussion of the proposed changes.
Commissioner Brown moved to recommend approval of the
Subdivision Regulations to the Town Board with the exception
of items 13 and 14 on Page 16.12-4 and item A. on Page 16.16-
1 regarding Conformance with the Comprehensive Plan.
Commissioner A. Hix seconded the motion and the vote was as
follows: Those voting in favor. Commissioners Banker, Brown,
Burgess, Hix, Wood and Sager. Those voting in opposition.
Commissioner Amos. Commissioner Amos noted that he voted in
opposition because he did not feel items 13 and 14 relating
to wildlife habitat, wildfire hazards, and blocking of scenic
views should be excluded.
6. REPORTS
6.a. Carriage Hills, 6th and 7th Filings
Town Administrator Klaphake updated the Commission regarding
potential annexation of the 6th and 7th Filings in Carriage
Hills. He summarized a Draft Memorandum of Understanding
which is being reviewed.
There being no further business, the meeting adjourned at 4:48 p.m.
Carolyn lone