PLANNING COMMISSION MEETING MINUTES
Town Hall,
Commissioner Jochman called the
meeting to order at
PRESENT: Planning Commissioners’ Charles Lewis, Michael Van Dyke, Dennis
Jochman, Harold Pelton, Kris Koeppe, and Richard Ratchman.
Community Development Director George Dearborn and Associate
Planner Jeffrey Smith.
EXCUSED: Chairperson Bellmer
ALSO PRESENT: John
John Davel Barry Zimmermann
Judith Spiegel Julie Lorrig
John Zaborsky Lynn Schend
Bruce Anunson Karin Brown
John Schaidler Christine Foster
Claude Foster Michael Goss
David Meyer Russ Handevidt
Rick Kirstein Doug Beyer
Patrick Laux Barbara Hanson
Anne Zwirchitz
Dave Schmalz
Bob Liedl
Tom Wilson
Lynn Wilson
Approval of Minutes –
Motion by Commissioner Van Dyke, seconded
by Commissioner Pelton, to approve the minutes of the Planning Commission
meeting on
1. Public Hearing –
Comprehensive Plan Update – Davel Engineering Inc.– 2nd Addition to High Plain
Meadows – (008-0169[p])
Director Dearborn explained that the applicant was proposing an amendment to
the Comprehensive Plan, which would change the future land use designation for
the subject property from Low Density Residential to Mixed Residential. The
applicant previously requested a rezoning to R-3 and R-4 for
a duplex and multi-family project. Since the rezoning request would violate the
Comprehensive Plan, Director Dearborn explained that the applicant had to first
apply for an amendment to the Comprehensive Plan. Director
Director Dearborn pointed out that staff recommended denial of the amendment based on three reasons. The main reason involved the timing of this request and its relation to the current comprehensive plan update. Director Dearborn explained that the future land use map would be examined in the upcoming months and the goal of this process would be to develop more specific future land use designations. Currently, these designations are too general, which gives staff little choice but to recommend approval of rezoning requests. Therefore, Director Dearborn stressed the fact that it would be more suitable to address this proposal after the future land use map was amended through the upcoming public meetings. Second, Director Dearborn explained that there were other options available under the current Low Density land use designation, such as a rezoning to R-5 for a condominium or townhouse project. Finally, Director Dearborn stated that the proposed Mixed Residential designation was too general. For example, this designation could allow for many types of residential uses that may not be compatible for the area.
Tom Wilson,
1. Concern with traffic and safety with the multi-family proposal.
2. The neighborhood association has strict covenants that address the aesthetic and property values of the neighborhood.
3. Their subdivision is near a quarry and they are still single-family.
4. High
bedrock has not limited other single-family subdivisions, such as
5. The neighborhood association challenged and defeated a proposed expansion by Michels Materials in 1992.
John Davel, representing the developer, briefly described the details of both the duplex and multi-family lots. Mr. Davel pointed out the fact that the duplexes would serve as a buffer between the single-family and multi-family areas. Mr. Davel also posed an alternative for the property to be dedicated as a park. Finally, Mr. Davel discussed a final option, which would be for the property to have 36 single-family lots. Mr. Davel did point out though that the benefit to the tax base would be much lower for single-family as opposed to the duplex/multi-family proposal.
Mr. Davel later responded to a question by Commissioner Pelton, concerning the developer’s knowledge of the subject property, by explaining that the bedrock issues were understood when the land was purchased. Commissioner Pelton also questioned whether the intent of the subject property was always for multi-family when the property was originally purchased.
John Schaidler,
Commissioner Jochman did not agree with the non-pride of living at a duplex. Furthermore, Commissioner Jochman pointed out that the quarry still has a very long active life.
Mr. Davel then interjected to explain that the developer may be willing to withdraw the application unless there could be an alternative solution. Director Dearborn then attempted to clear up any confusion by explaining that the Comprehensive Plan amendment was the first step in this process and furthermore, the Town was in the process of updating it by striving to achieve more specific future land use designations, such as low, medium, and high density residential. Director Dearborn stated that the second step was the rezoning request, which the applicant could modify to an R-2 (Single-Family) or R-5 (Planned Residential for a condominium or townhouse project) if it desired.
Director Dearborn responded to a concern about the current future land use map from Commissioner Lewis by explaining that it was too flexible and more specific designations would easily allow staff to tell a developer if a rezoning request could conform to the Comprehensive Plan.
Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to deny the amendment to the Comprehensive Plan, based on the timing of the request in relation to the current comprehensive plan update. Motion carried with 6 Aye, 1 Excused.
Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe, Ratchman Aye; Chairperson Bellmer Excused.
2. Conditional Use Permit –
John Mass –
Director Dearborn briefly described the CUP proposal that consisted of two 16-unit apartment buildings and one 8-unit apartment building for a total of 40 units. The density of these new units will be 11.2 units an acre, which conforms to the Town’s Comprehensive Plan maximum standard of 12 units an acre. There would be improvements to the entire site, such as removing a carport (replacing it with green space) and placing additional detached garage units. Also, there would be a screening berm placed adjacent to single-family and duplex lots. Based on these improvements to the overall R-5 project, Director Dearborn explained that this CUP proposal could address the entire apartment area, which then would have a density of 12.3 units an acre. Director Dearborn pointed out that nearby R-5 projects were closer to 9 units an acre. Finally, Director Dearborn listed the conditions set forth by staff:
1.
The
drainage plan and calculations are approved by the Town Engineer. The berm must
comply with the approved drainage plan.
2.
A
detailed site plan is reviewed & approved by Town staff.
3.
A
detailed landscaping plan is reviewed & approved by Town staff. This includes
any landscaping proposed for the berms as well.
4.
A
detailed exterior façade be reviewed and approved by Town staff in order to
ensure that the design is compatible with the surrounding areas.
5.
The
access drives and entire layout of the project provides for adequate space for
all emergency vehicles.
6.
The
proposal complies with all federal, state, and local regulations.
Pat Pazdernik,
John Maas, representing the developer, showed the Commission façade pictures of the apartments and garages, which both consisted of brick. This would then be an upscale project in his opinion. In addition, Mr. Maas displayed the landscape plan and showed pictures of similar projects that incorporated berms with landscaping. Furthermore, Mr. Maas explained that the berms would have different elevations and that he did not prefer a fence on top of them. Mr. Pazdernik later stated that a fence was needed to deter pedestrians from crossing into the single-family lots, especially since the berms were proposed to be 2- 4 feet in height. Mr. Mass responded by stating that it was usually the opposite, with single-family residents cutting through multiple-family projects.
Anne Zwirchitz,
Mr. Maas then showed pictures of spruce trees to be used as screening and stated that they would be a good buffer at maturity. Commissioner Lewis disagreed since it would take many years for them to reach maturity.
Commissioner Lewis stressed the importance of screening buffers and then stated that the project should require a berm with a fence. Commissioner Jochman felt that the developer could do one or the other to meet the screening concern. Commissioner Jochman also pointed out that new drainage practices could now improve the existing drainage problems in the area.
Barb Heeter,
Based on these concerns, Commissioner Pelton wanted to add a seventh condition that mandated lower bushes to be placed between the tress on the berms. Mr. Pelton made the motion to approve the CUP with the 6 conditions from staff and the new seventh condition, which was seconded by Commissioner Lewis.
The Commissioner further discussed the landscape issue and then preferred that it come back to the Planning Commissioner. Therefore, an amended motion would be necessary to accomplish this objective. Motion by Commissioner Lewis, seconded by Commissioner Van Dyke, to approve the amendment that would mandate that the landscape plan come back to the Planning Commission for approval. Motion carried with 5 Aye, 1 Nay, 1 Excused. Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Ratchman Aye; Commissioner Koeppe Nay, Chairperson Bellmer Excused.
Motion by Commissioner Pelton, seconded by Commissioner Lewis, to approve the CUP with the seven specified conditions and the approved amendment. Motion carried with 6 Aye, 1 Excused.
Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe, Ratchman Aye; Chairperson Bellmer Excused.
3. Rezoning – Davel Engineering Inc. – Alaskan
Acres – (008-0167)
Director Dearborn reported to the Commission that the applicant was proposing a rezoning from A-2 (General Farming) to R-2 (Single-Family) for a new single-family subdivision.
John Davel, representing the developer, stated that a final plat was being prepared to be submitted for an upcoming meeting.
Rick Kirstein,
Motion by Commissioner Lewis, seconded by Commissioner Pelton, to approve the rezoning from A-2 to R-2 as submitted. Motion carried with 6 Aye, 1 Excused.
Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe, Ratchman Aye; Chairperson Bellmer Excused.
4. Preliminary Plat – McMahon Associates Inc. –
Gambsky Grove – (008-0397)
Director Dearborn stated that the preliminary plat proposed
30 new single-family lots. There would be curb and gutter (storm sewer) in this
subdivision. Director Dearborn did point out that the property was zoned R-3
(Two-Family Residential) but the applicant did intend on all single-family
lots. Furthermore, Director Dearborn pointed out that there were 3 outlots
proposed, one for stormwater detention (Outlot 1) purposes and the other two
(Outlots 2 and 3) for future attachment purposes. Director Dearborn explained
that staff and
1.
The
drainage plan for the preliminary plat is reviewed & approved by an
engineer other than McMahon Associates Inc. The outfall from the Outlot 1
detention basin shall be an enclosed storm sewer.
2.
The rear yard drainage easements shall be
increased from 10 ft. to 15 ft.
3.
Outlots
2 and 3 shall either be combined with the adjacent parcels as a part of the
plat or eliminated. Outlot 3 could be dedicated to the public as increased
right of way if it is not incorporated into the adjacent unplatted parcel.
Outlot 2 should be eliminated if it is not attached to the lot 27 of the Goss
Plat.
4.
Approval
of all agencies and all other governmental entities with authority to object to
a plat.
Dave Schmalz, representing the developer, explained the
details of the drainage plan, such as the rear yard drainage easements and
Outlot 1 serving as the stormwater detention area. Mr. Schmalz asked if Outlot
1 could be dedicated to the Town, in which Director Dearborn responded by
explaining that the Town would not want to maintain the outlot. In addition,
Mr. Schmalz posed the option of having Outlot 3 attach to
Doug Beyer,
Michael Goss,
Patrick Laux,
Mr. Schmalz told the Commission that the developer plans on starting the project this summer.
Barry Zimmerman,
Julie Lorrig,
Motion by Commissioner Van Dyke, seconded by Commissioner
Koeppe, to approve the preliminary plat, with the specified conditions. Motion
carried with 5 Aye, 2 Excused.
Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Ratchman Aye; Chairperson Bellmer and Commissioner Pelton (left early) Excused.
OLD ITEMS OF BUSINESS
1. Rezoning – Davel Engineering Inc. – 2nd
Addition to High Plain Meadows – (008-0169[p])* NOTE- this item was voted on
after New Business Item #1*
Director Dearborn explained that since the amendment to the comprehensive plan was denied, then the rezoning request to R-3 and R-4 was recommended for denial.
At this point, Mr. Davel amended the request for an R-2 (Single-Family) zoning.
Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the amended rezoning request to R-2. Motion carried with 6 Aye, 1 Excused (Chairperson Bellmer).
Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the rezoning from A-2 to R-2 as was amended. Motion carried with 6 Aye, 1 Excused.
Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe, Ratchman Aye; Chairperson Bellmer Excused.
2. Preliminary
Plat – Martenson & Eisele – Shady
Springs Estates VI – (008-0223)
Director Dearborn explained that the preliminary plat was withdrawn and that the applicant may come back at a later meeting with a new proposal.
Commissioner Jochman posed some questions for Town staff to research or examine:
1. What
were the subdivision rules when
2. The
covenants of the subdivision for
OTHER BUSINESS
Director Dearborn reminded Commissioners’ Lewis and Jochman that their terms expire in May and to submit a letter of interest to the Town Chairman if they wish to be reappointed.
The meeting dates for the Future Land Use Map will be May 16
at
ADJOURNMENT:
Motion by Commissioner Van Dyke, seconded by Commissioner Koeppe,
to adjourn the meeting at
Respectfully submitted,
Jeffrey Smith
Associate Planner