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Li ht? ing: Applicants originally proposed mailbox lights throughout the development. The <br />Architectural Review Board recommended lights be placed farther back in the yards. The <br />applicant has not submitted revised cut sheets of light fixtures to be used. <br />Condominium Documents: Declaration of condominium and bylaws, as well as easement <br />documents were received and transmitted to the Law and Engineering Departments. The Law <br />Department has been in contact with the applicant to ensure easements and conditions are fully <br />detailed in legal documents. She suggested that the Law Department would address the issue <br />further. <br />En in?ing Related Issues: A number of issues remain. The following deviations can be <br />approved by Planning Commission: <br />• Sidewalk on one side of road (sidewalk on both sides required) <br />• Cul-de-sac is longer than 500 feet (500 foot maximum) <br />• Proposed curbing is roll style (straight curb required) <br />Safetv Considerations: At the September 28t" meeting, Planning Commission members wished <br />to have input from the Fire Department regarding several safety issues raised. Included in <br />member's packets was a memo dated 10/4/04 from the Assistant Fire Chief indicating there are <br />no significant site issues or concerns with the proposed development. Mr. Spalding questioned <br />how the development would impact the master plan review taking place for the immediate area. <br />Ms. Wenger believes that it coincides with the recommendations of not only the 1992 master <br />plan but the current updates for 2004. <br />Building Commissioner Conway indicated that there were a few engineering items relating to <br />code issues. However, in this type of development, the Planning Commission has the flexibility <br />to recommend to Council that they feel the intent of the ordinance is being met. If in fact the <br />Commission feels the intent is not being met, the applicant then has the right to appeal to the <br />Board of Zoning Appeals. <br />City Engineer Durbin indicated that the applicant's calculations are based on less than 5 acres <br />and there is more than that so those need to be recalculated. The curbs shown on the plans are <br />rollover and code requires vertical curbs. The lot split plat creates an issue for the city. No <br />matter how it is zoned, if the City approves a lot split, it would create a non-conforming lot and <br />will need to be addressed. The applicant is also requested to submit a utility plat to the <br />engineering department. <br />Assistant Law Director O'Malley indicated that he spoke to the applicant's attorney to bring to <br />their attention that the City wants their by-laws to clearly spell out the fact that the City will not <br />provide any City services, as it is a private road. The Planning Commission recommends <br />restrictions on future street or extension onto neighboring properties. <br />He explained that Mr. Durbin referenced a lot split plat which has not been presented before the <br />board and said it would be non-conforming under the current zoning or cluster zoning laws. Mr. <br />Spalding questioned if there are requirements for condos sharing walls to carry insurance from <br />the same company. Mr. O'Malley advised that the City is restricted to uphold the required laws <br />but cannot add requirements. <br />Safety Considerations: At the September 28th meeting, Planning Commission members wished <br />to have input from the Fire Department regarding several safety issues raised. The Assistant Fire <br />Chief provided a memo dated 10/4/04 indicating there are no significant site issues or concerns <br />with the proposed development. <br />4