HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/25/1983X
PLANNING AND ZONING BOARD MINUTES
July 25, 1983
Board Present: Tim Dow, Gary Ross, Dennis Georg, Dave Gilfillan, Ed
Stoner, Don Crews, Ingrid Simpson, Randy Larsen
Staff Present: Mauri Rupel, Joe Frank, Cathy Chianese, Sherry Albert-
son -Clark, Gail Ault, Linda Hopkins, Bonnie Tripoli
Legal Representative: Ken Fraser
Meeting called to order at 6:30 p.m.
Roll was taken.
Gilfillan: Explained meeting procedures and consent agenda.
AGENDA REVIEW
2. #76-81C Pineview PUD, Tract A, Phase II, Final - CONTINUED to
August 22, 1983
15. #22-83A South Groves PUD, Final - CONTINUED to August 22, 1983
Rupel: "Pulled" Item #166-79B, Park South PUD, Final, from
Consent Agenda.
Dow: "Pulled" items 5 (#44-83, Cambridge Place PUD, Prelim-
inary and Final), 9 (#45-83A, Troutman PUD, Phase I,
Preliminary and Final), and 11 (#47-83, Fox Center PUD,
Phase II, Preliminary and Final) from the Consent
Agenda.
Gilfillan: Added Item 18, discussion of Project #,33-82, Asamera
PUD.
CONSENT AGENDA
I.
Approval of June 27 and
29, 1983 minutes.
3.
#43-83
Beacon Hill Master Plan
4.
#43-83A
Beacon Hill PUD - Phase
I - Preliminary
6.
#110-79E
South Glen PUD - Final
7.
#73-82C
Brittany Park PUD - Revised
Preliminary
8.
#45-83
Troutman - Master Plan
10.
#9-82G
Southridge Greens PUD
- Phase 4 (Tract H), The Front
Nine - Final
P&Z Mtg, July 25, 1983
Page 2
C 12. #196-77C 2nd Replat Northshore PUD
Georg: Moved to approve Consent Agenda Items 1, 3, 4, 6, 7, 8,
10, and 12.
Stoner: Second
Vote: Motion to approve carried 7-0.
5. #44-83 Cambridge Place PUD - Preliminary and Final
Albertson -Clark: Gave staff report recommending approval. Indicated
applicant was available to answer any questions
Dow: Asked about curbcut, whether increased traffic flow had
been considered, and how far north of West Elizabeth
the site was. He was concerned that right turn-in/out
only should be used in heavy traffic areas as this.
Albertson -Clark: Addressed concerns.
Georg: Questioned pedestrian points of access.
Albertson -Clark: Indicated circulation routes on slide.
Dow: Asked developer's thought on requiring a right turn -in -
/out only.
Eldon Ward: Architect/ZVFK. Thought at some time a limited left
(left in, no left out) might be required but not at
present.
Gilfillan: Wondered if site might possibly become a drive -through
restaurant.
Rupel: Indicated would not occur if this PUD was passed.
Dow: Wanted to know when City determined if a turn -in re-
quirement was necessary.
Rupel: Stated traffic counts were the determining factor. A
median would be needed also since it would be hard to
enforce without the median.
Simpson: Asked how often traffic counts were taken.
Rupel: At least once a year.
Georg: Moved to approve the PUD.
'P&Z Mtg, July
25, 1983
Page 3
Stoner:
Second.
Vote:
Motion to approve carried 7-0.
9. #45-83A
Troutman PUD - Phase I - Preliminary and Final
Frank:
Gave staff report recommending approval.
Ric Hattman:
Architect, Gefroh & Associates. Indicated he and Ted
Davis were available to answer any questions.
Ross:
Asked if the irrigation canal ran through the middle of
the project.
Hattman:
Stated the New Mercer Canal had been relocated to the
far side of the tracks.
Simpson:
Asked about the architecture of the project.
Hattman:
Motif would be consistent throughout. Buildings would
be earth -tone and masonary with accent coloring.
Georg:
Questioned signage.
Hattman:
Stated signs would be on buildings.
Stoner:
Asked if franchises were be considered, and what might
occur with signage if so.
Hattman:
Indicated it was being built with local businesses in
mind but if a franchise came in they would be asked to
comply with signage on the building. Eventual
development of site would be as an auto -related busi-
ness park.
Stoner:
Moved to approve Troutman, Phase I.
Simpson:
Second.
Vote:
Motion to approve carried 7-0.
11. #47-83
Fox Center PUD - Phase II, Preliminary and Final
Gilfillan:
Excused Board members Larsen and Stoner for conflict of
interest.
Chianese:
Gave staff report recommending approval. asked Board
to pay particular attention to the site as it was not
the total Fox Center area.
P&Z Mtg, July 25, 1983
Page 4
C
Ross:
Chianese:
Simpson:
Chianese:
Gilfillan:
Chianese:
Gilfillan:
Chianese:
Ross:
Mel Johnson
Dow:
Noticed a blockage at the north end but wondered if the
south also was blocked.
Explained how cross easements allowed for circulation.
Questioned ingress/egress further.
Expounded further.
Asked status of the mobile homes on the lot.
Indicated they would be removed.
Asked for a definition of standard parking spaces.
Defined Standard, Compact, and Averaged, indicating
standard was the largest and was provided where there
is high turnover.
Asked about facade of building, whether there would be
window cutting on the back side.
Developer. Indicated the property line in back was
only 221 feet, not allowing for much landscaping. There
would be no windows cut in.
Asked if it would be retail uses.
Johnson: Stated they had no specific tenants in mind. Would
most likely be retail on the ground floor that was
compatible with the area.
Dow: Asked about ingress/egress restrictions on Prospect.
Chianese: Indicated there were none.
Ross: Moved to approve Fox Center PUD.
Georg: Second.
Vote: Motion to approve carried 6-0.
13. #166-79B Park South PUD - Final
Gilfillan: Announced Larsen had a conflict of interest and would
abstain on this item.
Chianese Gave staff report indicating item was "pulled" because
project had not yet received written approval on the
ditch relocation from the ditch company.
P&Z Mtg, July 25, 1 •
'Page 5
Gilfillan:
Asked if item could be approved with the condition.
Chianese:
Felt, since this was a final, staff would rather not
have a condition of this magnitude.
Gilfillan:
Indicated he was also uncomfortable with the increase
from 72 to 170 units which would involve increased
traffic, etc.
Chianese:
Indicated the increase came through in the preliminary
and had been approved by the Board.
Stoner:
Asked how applicant felt about postponing the item
until next month.
Bob Mooney:
Architect/Larsen & Associates. Stated they had been
negotiating with the ditch company since before May
1 and currently have a verbal okay to religning the
New Mercer Ditch. The season, with employees on vaca-
tion or in the hospital, is making it difficult to
get the formal agreement completed. They would prefer
not to postpone any longer as it is costing time and
money.
Gilfillan:
Asked what Phase I consisted of.
Mooney:
Explained Phase I Project
Georg:
Asked if Phase I had been reviewed with City staff.
Stoner:
Questioned length of time they had been negotiating
with ditch company.
Mooney:
First formal meeting was May 5; however, informal
discussion had occurred before that time.
Georg:
Felt it would be a poor precedent to approve a final
with such an important condition to be worked out
later. Also stated the develop manual indicated neces-
sary lead times.
Gilfillan:
Wondered about the possibility of an administrative
change but felt also that final proposals should be
conditionless.
Rupel:
Stated phasing proposed was not a separate submittal.
Felt apaproval would actually be for entire project
and control of phasing would be difficult to obtain.
P&Z Mtg, July 25, 1983 J
Page 6
Georg: Moved to continue this item at the August 22, 1983,
meeting.
Crews: Second.
Vote: Motion to continue item was passed 7-0.
DISCUSSION AGENDA
14. #76-81D Pineview PUD - Tracts B, C, D, & E - Preliminary
Frank: Gave staff report recommending approval.
Jim Gefroh: Architect/Gefroh & Associates. Indicated he was the
applicant's representative and available to answer
questions.
Simpson: Questioned the traffic increase on Shields.
Gefroh: Could not answer as a traffic analysis had not been re-
quired or done.
Simpson: Asked how much improvement of Shields would be done.
Rupel: Indicated it would be expanded to arterial width,
including left turn lanes.
Gilfillan: Asked about project timing.
Gefroh:
Indicated intention was to develop residential areas
first in support of the intended shopping center.
Simpson:
Questioned building height.
Gefroh:
Tract B, 21 story homes with pitched rooves; Tracts D &
E, 2 and 2z story mix; Commercial would be a maximum of
25 feet, 2 story office complex.
Stoner:
Asked about shared parking.
Gefroh:
Indicated there would be shared parking in the commer-
cial area and felt they had allowed for adequate park-
ing.
Ross:
Asked about surrounding neighborhoods and what would
happen if some of the phases needed to be redesigned.
Frank:
Indicated this was the only neighborhood supermarket
planned for the area. Staff felt it was appropriately
located.
C
-P&Z Mtg, July 25, 1• •
Page 7
Stoner: Moved to approve Pineview PUD.
Crews: Second.
Vote: Motion to approve carried 7-0.
16. #30-83A Helmshire House PUD - Preliminary - Revised
Gilfillan: Announced Stoner would be abstaining from the vote due
to conflict of interest.
Albertson -Clark: Gave staff report indicating changes and recommending
approval.
Ross: Asked about the arrangement made for additional
parking.
Harry McCabe: Applicant. Indicated property had been purchased.
Larsen: Questioned setbacks on the property lines.
Albertson -Clark: Indicated south-25 ft, west 25-30 ft, north-10 ft, east- 5 ft.
Dow: Asked about R-O-W and encroachment permit.
Albertson -Clark: Indicated it was highly unlikely, but site plan would
be revised if necessary. Also stated in the old part
of town the streets had a 100 foot R-O-W.
Simpson: Asked if there would be curbcuts on College.
Albertson -Clark: Indicated curbcut was midway between College and Rem-
ington, south of Edwards.
McCabe: Stated he had made necessary adjustments to meet the
Board's concerns at the last meeting and he felt
pleased with the outcome.
Gilfillan: Questioned the number of offices in the complex.
McCabe: Indicated he would have an office there and possibly
something compatible like a real estate office. It
would be something which generated a low amount of
traffic.
Gilfillan: Stated he appreciated applicant's work involved in
making the project meet the Board's concerns.
Larsen: Agreed the improvements made helped but felt use was
too "tight" or intense for the location. Being 3
P&Z Mtg, July 25, 1983
Page 8
stories high, 10 feet from the property line, blocking
neighboring ground, and some landscaping being elimin-
ated all concerned him. He would have to vote against
the project.
Ross: Moved to approve Helmshire House PUD.
Georg: Second.
Dow: Asked staff to respond to Larsen's concerns.
Albertson -Clark: Stated building was 3 stories but was under 40 feet
which meant it didn't need special review.
Vote: Motion to approve was defeated 4-3 with Larsen, Simp-
son, Crews, and Dow voting against.
Gilfillan: Asked Board and others for ideas/suggestions for appli-
cant on how to handle the item.
There were no responses.
17. #33-82 Asamera PUD - discussion
Frank: Explained status of project. Two administrative
changes had been received, one approved and one denied.
The approved change involved the appearance of the
front of the building. The denied change involved
removal of some landscaping as well as moving the
gas pumps. On site inspection staff found discrepan-
cies and a temporary Certificate of Occupancy was
issued requiring applicant to make necessary changes,
bringing the project in conformance with the approved
PUD. Signage had not been specifically addressed
in the approved PUD plan.
Georg: Asked what City actions could be taken since the ap-
proved plan was not built.
Frank: Felt rectification could be made.
Georg: Asked size of bond the developer had posted.
Rupel: Indicate& landscape bond was 125% of the landscape
costs.
Georg: Felt the final product casts doubt on the Board's
and staff's ability to enforce construction requirements.
Frank: Indicated the operation could be closed down August
2 if developer didn't comply.
Gilfillan: Felt developer should receive a letter before the
August 22 Board meeting indicating the Certificate
of Occupancy would not be renewed and, also, no further
P&Z Mtg, July 25, 1
-Page 9
administrative changes would be accepted until they
were in compliance.
Frank: Asked for specific concerns of noncompliance from the
Board.
Gilfillan: Indicated building color, landscaping, sign, and pro-
cedures for administrative changes.
Dow: Wanted assurance that no permanent Certificate of
Occupancy be issued.
Ross: Desired further knowledge of the sign code regulations.
Rupel: Stated Pete Barnes, Zoning Inspector, could come to a
worksession and explain sign codes. Offered to insure
a letter got sent to the developer.
Frank: Asked Board to view site so all are familiar with
changes in character.
Georg: Asked if temporary Certificate of Occupancy would be
renewed.
C Frank: Stated while one administrative change had been denied
staff felt with some changes it could be acceptable and
with some compromise both the developer and City could
be satisfied.
Ross: Felt pump location had been deliberately shifted by the
developer prior to proper approval.
Simpson: Asked why developer hadn't brought up changes at the
Board meeting when they presented their plan.
Crews: Questioned our legal options.
Fraser: Indicated renewal of the Certificate of Occupancy could
be denied. Pete Barnes could bring the developer
before the Zoning Board of Appeals to adjust signage
and any violations (would be considered a misdemeanor
and subject to a $300 fine). Felt City must provide
proper notice to Asamera, affording them the opportun-
ity to correct their inaccuracies prior to closing them
down.
Dow: Would like ordinances reviewed for enforcement proce-
dures.
C
P&Z Mtg, July 25, 1983
Page 10
Georg: Moved that Board recommend to staff that no final
Certificate of Occupancy be granted until project in
compliance, that temporary Certificate not be extended
beyond the August 22 Board meeting, that no further
administrative changes be given, and send a letter to
developer indicated same.
Ross: Second.
Vote: Motion passed 7-0.
Meeting adjourned at 8:33 p.m.