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.
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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