09/08/1998 Minutes - Laserfiche WebLink

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access to the retention basin. It was noted no permits can be issued unless Mr. Coury meets city's requirements. Some of the discussion at this point was not audible. Mr. Conway questioned if the Commission would be bypassing architectural review board and sending this submittal on to the board of zoning appeals and council. Mr. Tallon stated he thought the developer mentioned they would be going to architectural review board. Mr. Conway advised the developer may have gotten the boards mixed up as the board of zoning appeals is scheduled for Thursday evening. He clarified, it was the thought of the administration that, because the building has not changed, possibly planning commission would not send the proposal to the architectural review board. Additionally, Mr. Conway mentioned in previous review the commission found acceptable the rear and side yard setbacks. R. Tallon motioned to accept the proposal of Castle Pines, to be located on property currently shown at 30338 and 30374 Lorain Road, a proposal to construct senior citizen complex with apartments, assisted living units, and a nursing home facility. The proposal will include the following: changing the eight foot side setback back to the ten foot; there will have to be a lot consolidation plat for the portion showing for the lot with the pad for the electrical and air conditioning on it; proposal will not be going to the architectural review board, however the landscape plan is subject to review of the architectural review board chairman; there will have to be a plan for the above ground retention approved by the Metro Parks board or an alternate below ground on your own property; with the above ground retention we would also like you to include aeration/fencing. Mr. Brennan wondered how the city can require aeration/fencing considering the above ground retention would be on Metro Parks property and permission would be needed from the Metro Parks. Mr. Tallon stated if the Metro Parks will not allow the aeration/fencing there is not much the city can do about it and the planning commission is merely making a recommendation. The motion was seconded by R. Koeth and unanimously approved. Motion Carried. _ J. NEW DEVELOPMENTS AND SUBDIVISIONS: 1). Miil Road Right-of-Wav Addition. The proposal is to accept for Dedication strips of land adjacent to .the existing Mill Road Right-of- Way, to increase the total width, and extends into both Dover Center Road and Porter Road. intersections, as indicated on individual Plats noted as exhibits A thru F(6 Plats). Also included on the Plat designated as Exhibit A is the Vacation of a small strip of existing Mill Road Right-of- Way no longer required, due to the roadway re-alignment. City Engineer Deichmann explained the proposal. He noted the plans reflect what previously transpired in order to increase the total width of the Mill Right-of-Way including: the city received a ten foot donation from Water Tower Square; some property was exchanged wrth the Auto Body Shop on the corner of Mill and Dover Center; and with the other parcels the city went into a purchase agreement. Mr. Deichmann clarified the city obtained this property through donation, exchange of land, or purchase and is asking that planrung commission approved what was envisioned with the original site development of Water Tower Square. Mr. Spalding questioned who will receive ownership of the vacated land. Mr. Deichmann advised the vacated property was part of the exchange. Mr. Pappotto, owner of the Auto Body Shop, swapped land with the city (ie. the city obtained a portion of the north west corner of Mr. Pappotto's property in exchange for Mr. Pappotto receiving the north east corner of the city's property) and this is the reason for the "Vacation of a small strip of existing Mill Road Right-of-Way. Mr. Spalding questioned how Mr. Pappotto would be using this vacated property. Mr. Deichmann confirmed it is now part of Mr. Pappotto's parking lot. Mr. Tallon opened up discussion for audience participation, but no interest was expressed. R. Tallon moved to accept the proposal of Mill Road Right-of-Way Addition, the proposal is to accept for Dedication strips of land adjacent to the existing Mill Road Right-of-Way, to increase 3