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Mr. Spalding questioned how the development would impact the master plan review taking place <br />for the immediate area. Ms. Wenger believes that it coincides with the recommendations of not <br />only the 1992 master plan but the current updates for 2004. <br />Building Commissioner Conway indicated that there were a few engineering items relating to <br />code issues. In this type of development, the Planning Commission has the flexibility to <br />recommend to Council that they feel the intent of the ordinance is being met. If the Commission <br />does not feel the intent is being met, the applicant has the right to appeal to the Board of Zoning <br />Appeals. <br />City Engineer Durbin indicated that the applicant's detention calculations are based on less than <br />5 acres and there is more than that so those need to be recalculated. The curbs shown on the <br />plans are rollover and code requires vertical curbs. The lot split plat creates an issue for the city <br />in that no matter how it is zoned, if the City approves a split, it would create a non-conforming <br />lot and will need to be addressed. Applicant is 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 indicating <br />that the City wants their by-laws to clearly spell out the fact that the City will not provide any <br />City services, as it is a private road. The Planning Commission can recommend restrictions or <br />future street or extension onto neighboring properties. He explained that Mr. Durbin referenced <br />a lot split plat which has not been presented before the board and said it would be non- <br />conforming under the current zoning or cluster zoning laws. <br />Mr. Spalding questioned if there are requirements for condos sharing walls to carry insurance <br />from the same company. Mr. O'Malley advised that this issue is not subject to Planning <br />Commission recommendations. <br />Applicant's presentation: <br />Mr. Urbanick with Elmstreet Properties apologized for the mix-up in not having the plans <br />submitted prior to the meeting. Mr. Koeth advised that the Board to assist the applicants and <br />ensure they receive all required plans prior to their meetings. Mr. Urbanick reviewed that all the <br />condominiums have a blanket insurance policy which covers all the exterior walls. Each owner <br />is required to cover the interior walls and personal belongings in accordance to state laws. The <br />road and lighting issues were the main issues from the last meeting. Their intent is to install both <br />CEI lights and mailboxes with lights with Planning Commissions approval. <br />Mr. Urbanick stated the 72 inch pipe shows 4 feet of fill over the pipe. If the pipe diameter <br />changes to 6.5 or 7 feet, it should not affect the overall design. Most engineering issues are <br />subject to County requirements. The bylaws will indicate whose responsibility is streets, trash <br />and landscaping issues. <br />Mr. Johnson indicated they would like to put sidewalks in, however, being that this is a private <br />subdivision and is not sure if the code requires sidewalks on both sides of the street. If that is <br />the case, they would meet the requirement. Mr. Johnson informed Ms. Wenger that the lighting <br />was approved by the Postmaster. They will also install street lights as well. All wiring will be <br />underground. Ms. Wenger recapped that the Architectural Review Board recommended that the <br />mailboxes not have lights on them, but rather place them further back to prevent vandalism. Mr. <br />Johnson, said they are currently installing them in a subdivision in another city and they are <br />beautiful. Mr. Koeth indicated that he would like to see photos of mailbox lighting from their <br />other sites. He further asked who is responsible for maintenance if breakage occurs. Mr. <br />Johnson indicated it would be the homeowners association. The curbs and roads are the <br />responsibility of the association. Mr. Johnson said blacktop repairs are more cost effective than <br />5