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HomeMy WebLinkAboutMINUTES Planning Commission 1994-06-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission June 21, 1994 Commission: Attending: Also Attending: Absent: Chairman A1 Sager, Commissioners Mark Brown, Harriet Burgess, Gary Cooper, Alma Hix, Edward Pohl and David Thomas All Trustee/Liaison Dekker, Community Development Director Stamey, Clerk O'Connor None Chainnan Sager called the meeting to order at 9:30 A.M. and noted that he previously announced that the Commission would meet at 9:30 A.M. during June, July, and August. The minutes reflected the inclusion of September and Chairman Sager confirmed this action. MINUTES. Minutes were approved as submitted. DEVELOPMENT PLANS. DeVelopment Plan I»ot 1. Block 1, Lone Pine Aerea Addition, Steve & Susan Swickard/Applicant (Continued from Mav 17, 1994). The Applicant is proposing a 5,683 sq. ft. retail sales building with associated parking. The building will r^Ve 1',600 s^- of basement storage, 4,200 sq. ft. of retail on three levels, 533 sq. ft. of garage, and 950 sq. ft. of enclosed parking. The application was continued due to an incomplete submittal, particularly relating to an easement for the parking and shared driveway. Applicant's representative Paul Kochevar reported that the following revisions had been made: 1. A Grant of Easement for the parking and shared driveway. Two (2) handicapped parking spaces have been located next to the handicapped access ramp. The ramp has been relocated and does not encroach into the 25' front yard setback. The easement meets requirements of the Development Plan and has been reviewed and approved by Town Attorney White. Commissioner Brown reported on his conversation with the Applicant where he pointed out the reasoning for and conditions of the easement. In the new submittal, Coimissioner Brown questioned whether language for a potential ^lterabion and/or abandonment of the easement should be added to ensure the vested interest of the Town is maintained and whether such alteration or abandonment language should be approved by the Town Board. Representative Kochevar cited a preference to include the aforementioned on the Development Plan. Commissioner Cooper questioned the Applicant's request fop a 30-day notification time-frame concerning the maintenance and/or repair of the drainage system. Mr. Kochevar stated that: (l) the Applicant does not want the retail business closed should he be unable to correct the detention pond and release structure within staff' s time-frame of seven days; and (2) unavailability of a contractor due to 2. 3. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 - Page 2 the summer season. Staff clarified standard corrective procedure which would begin with notice to the owner—the Town would not close the business. In addition, Mr. Kochevar stated that staff was seeking a special requirement relating to drainage maintenance and such had not been requested in the past for other plans. Public Works Director Linnane addressed the issue stating that the majority of projects do not threaten adjoining property owners with increased storm discharge from the inundation of the detention structure. In an emergency situation, the Town would assist the owner in this regard. Further clarification found that the owner must perform maintenance of the facility within seven days of any notification by the Town. With regard to the proposed shared parking, the Applicant acknowledged that any future development on Lot 2 must "stand on its own." Representative Kochevar clarified site calculations. Community Development Director Stamey reviewed the staff report, confirming that the three revisions noted above had been added to the Plan. There were no comments from the audience. It was moved and seconded (Brown/A. Hix) Development Plan #94- 5, Lot 1, Block 1, Lone Pine Acres Addition be approved contingent upon the following, and it passed unanimously: 1. A note stating "The pond and release structure must be maintained in original condition by the owner. Maintenance of the facility must be performed within seven (7) days of any notification by the Town" be added to the Plan. 2. Verify the water line size with the Public Works Department which is to be completed in the Building Permit stage. 3. A note be added to the Plan stating that any abandonment or alteration of the parking and access easement would require Town Board approval. Additionally, a provision be included in the easement stating that any open space or parking shall not be credited to the subservient tenant on Lot 2 if developed in the future. Commissioner Brown clarified his motion with the following findings: as the Town cannot bind a subservient tenant, language should be added to the easement, and that the seven day time-frame for correction of the detention facilities does not place an onerous requirement on the Applicant due to the potential hazard and existing conditions. As the Applicant Rich Wille, nor his representative were present for Agenda Item #2.B. Development Plan #94-6, the Commission proceeded with Agenda Item #3 - Subdivisions. 3. SUBDIVISIONS. 3.A. Preliminary Plat of Lot 31. Bonnie Brae Addition, Crystal Creek Development, Inc./Applicant. Paul Kochevar, Applicant's representative, reported that the Applicant is proposing to subdivide the site into eight single-family lots, each consisting of 18,000± sq. ft. Access to each lot would be from two private driveways—there will not be direct access BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 - Page 3 1. 2. from Community Drive. The Applicant has reviewed all staff recommendations and he has no objection to them. With reference to the "layout" which could be improved to achieve larger groupings of open space, the Applicant has no objection to identifying smaller building envelopes and Mr. Kochevar further identified how such an improvement could be obtained. However, the Applicant does not desire attached zero lot line buildings. Chairman Sager cited the difficulty in determining the building placements on the site, and Mr. Kochevar stated the corners will be set prior to the Final Plat. Community Development Director Stamey reviewed the staff report, confirming that access would not be gained from Community Drive. Director Stamey read a letter submitted by Susan O'Connor, adjacent property owner, who expressed concern with setbacks. Staff noted that the revision to the layout should resolve this concern. As there were no comments from the audience, it was moved and seconded (Brown/Burgess) the Preliminary Plat of Lot 31, Bonnie Brae Addition be approved with the following conditions, and it passed unanimously: Staff comments concerning utilities, drainage and streets be addressed during the Final Plat. Approval is as presented by the Applicant's representative concerning the understanding and agreement with the layout amendment to utilize smaller, staggered building envelopes. The Commission continued with Agenda Item #2.B. 9.B. Development Plan #94-6, Phase II, .Worth Ridge Mead^ Condominiums. East Park Subdivision, Rich Wille/Applica^. Neither the Applicant not his representative were staff attempted to locate Applicant's representative Van Horn. community Development Director stal[5ey revieTwTed iVr°P°|a28 Phase I consisted of 19 units and Phase i^nI. .c°nS1TShteS units in seven 4-plexes, for a total of 47 units. The streer and utilities have been installed. Staff noted the following unresolved issues: (1) Phase I abuts multi-family zoning and Phase II abuts E-Estate—improvements must be pdicated on the plat* (2) a subdivision proposal to divide this site mto two lots'was reviewed by the Planning Commission, however, it was neverWf inalized by the Board of Trustees-the Aplxcant needs to confirm their subdivision intent; and (3) the deyelopment phase11 incudes1 a period up to May 31, 1998. This is beyond the three years allowed for vested rights—the Applicant must determine whether he will stay with the 3-year period, or request Town Board approval for the additional one year time extension. Staff confirmed that neighborhood reaction during constraction of the first phase was evident; however, no other communication has been received. Public comment was heard from Ron Harvey who stated that work comoleted thus far on the south end has been adequate and exterior^planting 'his conclr^withthro^tlot and grading which, in his opinion, has BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 ~ Page 4 virtually eliminated a utility easement—additional plantings will most likely take place in this existing easement. Due to the unresolved issues and lack of attendance by any representatives, it was moved and seconded (Pohl/Thomas) Development Plan #94-6, Phase II, North Ridge Meadow Condominiums be continued to July 19, 1994. Commissioner Brown questioned the appropriateness of the continuation suggesting an Improvement Guarantee be required for plantings. The motion passed by the following votes: Those voting "Yes" Commissioners Burgess, Cooper, A. Hix, Pohl, Sager and Thomas. Those voting "No" Commissioner Brown. 4. REPORTS. Director Stamey reported that the first Comprehensive Plan Workshop will be held on Thursday, June 23, 1994 from 8:00 A.M. - 9:30 A.M. in Room 203. Following conclusion of all agenda items, Ron Harvey commented on existing drainage problems in Lone Pine Acres which are increasing with development. The west side of the street needs to be addressed by the Town. Chairman Sager referred Mr. Harvey to the Public Works Department. There being no further business. Chairman Sager adjourned the meeting at 10:15 A.M. Vickie O'Connor, CMC, Town Clerk