HomeMy WebLinkAbout02/21/91 _ MINUTES OF THE REGULAR MEE%ING
OF THE
. PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thur'sday, February 21, 1991, 5:30 p.m., City Council Chamber, City
Hall, 1501Truxtun Avenue, Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Present:
KATE ~ROSENLIEB,-Chairperson
JIM MARINO, Vice Chairperson
STEVE ANDERSON
*OSCAR ANTHONY TERI BJORN
C. ROBERT FRAPWELL, Alternate
Absent:
DAVID COHN
DARREN POWERS
ADVISORY MEMBERS:
Present:
LAURA MARINO, Deputy City Attorney
FRED KLOEPPER, Assistant Public Works
Director
MIKE QUON, Plan Check Engineer
STAFF:
Present: .JACK-HARDISTY, Planning Director
JENNIE ENG, Park Planner
ISABEL WILLIAMS, Recording Secretary
:3.
WALL AND LANDSCAPE PLANS - sIMpSON-VANCUREN, INC./RALPH ADAME,
LANDSCAPE ARCHITECT - TRACT-5288
Residential Tract 5288 is located on the east side of Fairfax Road
approximately 1/4 mile' north of College Avenue.
Chairperson Rosenlieb waived the staff report.
Mr.-Ralph Adame, landscape architect was present and amenable to the
conditions listed, in the staff report.
~Motion was made by Commissioner Bjorn to approve plans subject to con-
ditions listed in Exhibit A (3 pages) of the staff report. Motion was
seconded by Commissioner Anderson, and carried.
EXTENSION OF TIME - TENTATIVE TRACT 5084 (DEWALT CORPORATION)
Commissidner Mar'ino disqualified himself, he is employed by the
applicant.
Tentative tract is ~ldcated at the northeast corner of Renfro Road and
Stockdale Highway and contains 368 lots on 139.97 acres, zoned R-1 and
Appii~nt requested a one year extension of time to expire January 5,
~99~.
-Public hearing was opened.
Mi~nutes,. Pl./C, 2/.21/91 ~
o
Page 2
EXTENSION OF TIME - TENTATIVE TRACT 5084 (continued)
Mr. Mike Rider, developer of the~project was present.
There being no others'wishing to speak, public hearing was closed.
Mo'tion was made by Commissioner Bjorn to make findings set forth in the
staff report and approved the one-year extension of time for Tentative
Tract 5084 ~to expire January 5, 1992, subject to the conditions in
Exhibit "A" of the staff report with the following changes:
1-. Include the changes to the Public Works con-
ditions as indicated on the Public Works' memo
dated February 21, 1991.
2. Delete Community Servi~ces - Water Resources
condition-on page 8 of 11.
(NOTE: The Pioneer Canal has been abandoned and
shall revert to adjacent property owner.)
3. Include the changes to the Planning Department
conditions as attached to the Planning Director's
memo dated February 21, 1991.
Motion was seconded by Commissioner Frapwell, and carried.
*Commissione~ Anthony was seated.
CHANGE OF CONDITION - TENTATIVE TRACT 5341 (TELSTAR ENGINEERING, INC.)
T~ntative tract is located south, of University Avenue and east of
La costa street and contains 82 lots on 23.9 acres, zoned R-1 and was
approved on July 19, 1990.
.The applicant, requests an alternative condition to allow for the tract
to pay proportionate cost of the proposed reconstruction cost at the
intersection of La Costa Street and Auburn Street as determined by a
drainage study..
Public hearing was opened.
Mr.'Carl Moreland~with Telstar Engineering, Inc., was present.
Th&re being no others wishing to speak, public hearing was closed.
Mr. Kloepper commented that~both the staff and the developer came to an
agreement that ~if the proportionate share of the cost of putting in the
inlet boxes and connecting pipes to the west then the amount proposed
'is correct, but what is being recommended is that the Commission
require the recommended Change in the memo of Januar-y 31st.
CommiSsion'er Marino commented that he would like to see a stronger con-
necti'on between the cost that the developer is being asked to pay and
the impacts they he is causing.
M~nutes, Pi/C, 2/21/91
Page 3
4. CHANGE OF-CONDITION - TENTATIVE TRACT 5341 (continued)
Commissioner Anderson commented that if in fact the~development is con-
fr~.buting to-the deterioration of the existing cross gu~ter to the
_point that .the city will be forced to pay excess cost at some later
date to repair and/or put the structure in, it seems that the developer
should pay a larger proportion of those improvements or potentially be
forced to retai~ the water On site. He further stated that he would
like to see something from staff thst makes the developer feel as
though they have come Up with a formula that makes sense-and will ulti-
mately bring about more dollars.
Mr. Moreland was amenable to a continuance.
Motion was made Commissioner Marino to continue this hearing to the
'March 7th meeting. Motion was seconded by Commissioner Anderson, and
carried.
5. RELEASE OF COVENANT - TENTATIVE PARCEL MAP 8884 OPTIONAL DESIGN (ALTA
ENGINEERING/HUGHES SURVEYING)
Tentative parcel map is located between Chester Avenue and "H" Street,
and 27th and 29th Street.
Applicant requested a release of the covenant of easement for common
access among parcels as required by Chapter 12.60.30 of the Bakersfield
Municipal Code.
Public hearing was opened.
Mr. Bob Richwood wi~b Alta/Hughes Surveying was present.
There being no' others wishing to speak, public hearing was closed'.
Motion was made by' Commissioner Marino to make all findings set forth
in the staff report and approve the release of covenant of easement.
Motion was seconded by Commissioner Frapwell, and carried.
6. REVISED TENTATIVE PARCEL MAP 9542 (MARTIN-McINTOSH)
Tentative parcel map is located between Camino Media and Ming Avenue,,
approximately 1/4 mile west of Gosford Road.
Applicant proposed a revised parcel map for commercial office develop.~
ment purposes containing 16 lots on 22.5 acres, ~zoned C-O.
Public hearing was continued from the January 24, 1991 meeting.
Mr. Roger McIntosh with Martin-McIntosh Engineering was present and
represented Castle and Cooke Development Corporation. He referred to
Public Works-Condition 8.b.la, page 2 of 9 and requested that the
expapded intersection not be required for this parcel map, therefore
deleting.the following verbiage, "also including a standard collector-
collector Intersection.
Minutes, P1/C, 2/21/91
Page 4
6. REVISED TENTATIVE PARCEL MAP 9542 (continued)
Mr. Kloepper was_amenable.
Chairperson'~Rosenlieb-commented that the returns were put in by Tenneco
West because that was planned to be the only street running-from Ming
Avenue to Camino Media, and now another street is being proposed and
the parcel that would be on the northeast intersection of Haggin Oaks
Boulevard and Ming somehow was allowed to have a driveway-cut on Ming
as well.
Mr. McIntosh referred to Planning Department Condition 5, page 8 of 9
and agreed with Mr. Hardisty's suggestion of deleting the first sen-
tence ~nd begin with, "Prior to recordation of the final map, etc."
There.being no others wishing to speak, public hearing was closed.
Chairpers~n'Rosenii~b commented she could not support this request for
access road from Ming to Camino Media.
Commissioner Anderson spoke in favor of the request.
Motion was made by Commissioner Marino to approve and adopt the
Negative' Declaration, to make all findings set forth in the staff
report~ and to approve proposed Revised Tentative Parcel Map 9542 sub--
ject to thh .conditions outlined in Exhibit "A" of the staff report with
the following changes; Condition 8.b.la, page 2 of 9, Public Works
Condition shall be changed to read, "The full width of Haggin Oaks
Boulevard from Ming Avenue to Camino Media"., Planning Department
Condition 5, page.8 of 9, delete the first line with the Condition to
~ead, "Prior to recordation of a final map, applicant/subdivider shall
provide, etc."
MO~ion was seconded by Commissioner Anderson, and. carried. Chairperson
Rosenlieb voted no.
7. TENTATIVE TRACT 5436 REVISED (DEWALT CORPORATION)
Commissioner Marino declared a conflict of interest. He is employed by
the project engineer.
Tentative tract 5436 is located west of Coffee Road, approximately 1/4
mile south of Olive Drive within the Riverlakes Ranch/Unibell Specific
Plan area.
Applicant proposes to phase this project.
Mr. Kloepper referred to Public Works memo dated February 21, 1991 out-
lining changes recommended after consultation with the developer and
~helr representatives.
Public hearing was opened.
Minutes, PlfC, 2/21/91
-Page 5
TENTATIVE TRACT 5436 (continued)
Mr. David Milazz'o represented Riverlakes Ranch and commented that he
met with the Norris School District Superintendent, Mr. Alvin
Sandrini, and changed~ .his position-to reduce his request to just the
western ~ost-cul~-de-sac, however the.Riverlakes Ranch Developers would
prefer not to haV~ an opening in ~the cul-de-sac.
Ir'was Mr. MilazJo's concern that if an access way is left approxi-
mately 100 fee~ east of the interlsection of Riverlakes and North Shore,~
the school Children will come through that and probably want to cross
the street to get to the. campus side.
Commissioner Anderson shared the applicant's concern as to the safety
of the Children.
Mr. Steve DeBranch-with DeWalt Corporation representing Riverlakes
De.velopment addressed conditions listed on page 7 of~'13.,-Condition 3
and clarified that. it should read, "Secondary emergency access must be
provided"; page 10 of 13, Condition 2 references an 8-foot landscape
easement and/it should be_landscape parkway; page 12 of 13, Condition
12.a should be corrected from "size foot chain link fence" to "six foot
chai~'link fence."
There-being no others wishing tO speak, public hearing was. closed.
Motion was made by Commissioner Bjorn to approve and adopt the Negative
Declaration, t~'make all findings set forth in the staff report and to
~pprove_proposed Tentative'Tract 5436 Revised subject to the conditions
outlined in Exhibit A of the staff report with the following revi~sions;-
all c0nditi, ons 'stated in the Public Works memo dated February 21, 1991,
Public Works Condition V.d.6 deleted, Fire Department Condition 3, page
7 of 13 changed to read, Secondary emergency access must be.provided,
community Services Department Condition 2, page 10 of 13, second sen-
tence would read, the subdivider shall dedicate additional land suffi-
dient to accommodate an 8-foot landscape parkway along North Shore
Drive and Fairwind Avenue; Planning Department Condition 5, page 11 of
13 part of th~ first sentence would read, prior to recordation of final
map., applicant/subdivider shall provide, etc., Planning Department
~Condition 12.a, page 12 of 13, last sentence would read,' As a minimum
'the canals shall~be fenced with a six foot chain link-fence. Motion
was seconded by Commission Anthony., and carried.
Minutes~ P1/C, 2/21/91
Page. 6
81 Tentative Tract 5476 (DEWALT CORPORATION)
Commissioner Marino declared a conflict of interest. He is employed by
the applicant.
Tentative tract is located west of Coffee Road', approximately 1/4 mile
south of Olive Drive within the Riverlakes Rancb/Unibell Specific Plan
area and contains 79 lots on 45.05 acres, zoned R-l, C-l,. and C-i-CH.
Lot A (23.75 acres) is proposed for a lake.
Public hearing was'opened.
Mr. Steve DeBranch with DeWalt Corporation represented Riverlakes
Development apprised Commission of the Public Works memo dated ~February
21, 1991 with changes to conditions. He referenced changes on page 7
of 13, Condition 3, "emergency access", page 8 of 13, Condition 2 indi-
cating there are no gas or oil lines in this map that affect-any buil-
dable lots, therefore requested the condition be deleted.
Commissioners noted they~were disturbed by deleting-the condition with-
out Fire Department representation.
Mr. Hardisky .recommended deleting the condition since it wasn't
applicable. -
Mr. DeBranch referred to Planning Department Condition 5, page 11 of
13, changing condition to read, Prior to recordation, etc.
There being no others wishing to speak, public hearing was closed.
Motion was made by Commissioner Bjorn to-approve and adopt the Negative
Declaration, to make all findings set forth in staff report and to
approve proposed Tentative Tract 5476 subject to the conditions out-
lined in Exhibit A of the staff report with the revisions made in
Public Works memo dated February 21, 1991, and in addition Fire
Department Condition 3, page 7 of 13 will read, Secondary emergency
access must be provided, Planning Department Condition 5, page 11 of 13
first part of condition shall read, Prior to recordation of final map,
applicant/subdivider shall provide, etc.
Motion was seconded by Commissioner Frapwell, and carried.
9. TENTATIVE TRACT 5477 (DEWALT CORPORATION)
Commissioner Marino declared a conflict of interest.
the applicant._
He is employed by
Tentative tract~ is located west of Coffee Road, approximately 1/2 mile
south of Olive Drive .within the Riverlakes Ranch/Unibell Specific Plan
.area, and contains 124 lots on 22.26 acres, zoned R-1.
Applicant also 'requested a modification to reduce the minimum lot width
from 60 feet to 50 feet and the'minimum lot area from 6,000 square feet
to 5,000 Square f~eet.
~Minu~es~ Pi/C, ~2/21/91
9.
Page 7
TENTATIVE TRACT 5477 (continued)
Public .hearing was opened.
'Mr. DeBranch with DeWalt Corporation was present and referred
Commission to the Public Works memo daated February 21, 1991. He also
had a correction to the second page of the memo under Section XI.
Miscellaneous indicating the items should be A and B and not B and C.
He referenced Public Works Condition IX.C and commented that Exhibit B
rede'signs the intersections and asked for approval of the new alignment
and' have thatlinc0rporated within the approved conditions for this
project.
Mr. Kloepper was in agreement with Mr. DeBranch suggestion because it
does satisfy Condition Ix.c.
Mr. DeBrancb commented they would Exhibit B attached to the approved
conditions of approval.
Mr. DeBranch referred to Fire Department Conditions, page 7 of 13,
ConditiOn 3, Secondary emergency access. Planning Department
Conditions 5, delete the first sentence and insert, Prior to reco-
rdation of final map, etc. Condition lB be deleted because a district
has' already been established.
Mr.'Hardisty had no objection to deletion of Condition 13.
There being no others wishing to speak, public hearing was closed.
Motion was made by Commissioner Bjorn to approve and adopt the Negative
Declaration, to make all findings set forth in the staff report and to
approve proposed Tentative Tract 5477 subject to the conditions out-
lined in Exhibit_ A of the staff report with the inclusion of Public
Works memo dated February 2t, 1991 with the exception that paragraph 11
referencing B and C be corrected to A and B, in addition Public Works
-Condition IX.C, page 4 of lB be deleted add attach Exhibit B of appli-
cant's proposal as approved by Public Works, Fire Department Condition
3, page 7 of 13 shall be revised to read, Secondary emergency access
must be provided, Planning Department Condition 5 'the first part of the
first sentence revised to read, Prior to recordation of the final map,
applicant/subdivider shall provide, etc., and Planning Department
Condition 13,'page 12 of 13 be deleted.
Motion was seconded by Commissioner Anthony, and carried.
Motion was made by Commissioner Bjorn to make all findings set forth in
the staff report and to approve the request for modification to allow
for a reduction in the minimum lot area from 6,000 square feet to 5,000
square feet within Tentative Tract 5477. Motion was seconded by
Commissioner Anthony, and carried. Commissioner Frapwell voted no.
Minutes-, P1/~C, 2/2'1/91
Page 8
10 TENTATIVE TRACT 5478 (DEWALT CORPQRATION)
'Commissioner Marino declared a conflict of interest.
the applicant.
He is employed by
Tentative tract is located west of Coffee Road, approximately 1/4 mile
south of Olive Dkive within the Riverlakes Ranch/Unibell Specific Plan
area, and contains 131 lots on 34.05 acres, zoned R-1.
Applicant proposes to phase the tract.
Public hearing was opened.
Mr. DeBranch with DeWalt Corporation was present and referred
Commission to the Public Works memo dated February 21, 1991~ He also
had a correction to the second page of the memo under Section XI.
Miscellaneous indicating the items should be XI.A and not XI.B.
Mr. Michael Dhanens wi~h Milazzo and Associates represented Riverlakes
Ranch and addressed'the condition regarding the linear.park that occurs
along Coffee Road between Hageman and Olive Drive. He requested that
the condition be amended to indicate that with the construction of
Phase 3 the linear park be put in.
Mr. Hardisty recommended the the Commission grant applicant request.
There being no others wishing to speak, public hearing was closed.
Motion was made by Commissioner Frapwell to approve and adopt the
Negative Declarati9n, to make all findings set forth in the staff
report and to approve proposed Tentative Tract 5478 subject to the con-
ditions outlined {n Exhibit A of the staff report with the ~ddition of
the Public Works memo dated February 21, 1991, with the exception that
paragraph Il'referencing B be corrected to A, Fire Department Condition
3, page 6 of 12, shall be revised to read, Secondary emergency access
must be provided., Planning Department Condition 5 the first part of
the first sentence revised to read, Prior to'recordation of the final
map, etc., and Planning Department Condition 10.A, page 12 of 12 be
revised to read, Subdivider shall concurrently construct with Phase 3
of this tract the linear landscape park/buffer located on the west side
of Coffee Road, between Olive Drive and Hageman Road, as required by
City Council Resolution No. 81-90.
Motion was seconded by Commissioner Bjorn, and carried.
Minutes, P1/C, 2/21/91
Page 9
il. PROPERTY LOCATED AT 2660 OSWELL STREET -- AMENDING THE ZONING
BOUNDARIES FROM A P.C.D. (PLANNED COMMERCIAL DEVELOPENT) ZONE TO A
REVISED P.C.D. (PLANED COMMERCIAL DEVELOPMENT) IN ORDER TO CHANGE A
· CONDITION OF APPROVAL WHICH LIMITED THE NUMBER OF ACCESS POINTS ONTO
OSWELL STREET FOR AN EXISTING 31,000 +/- SQUARE FOOT SHOPPING CENTER.
(FILE 5123 - MARVIN STEINERT)
Commissioner Bjorn declared a~conflict of interest, the applicant is a
client of her lawfirm.
Applicant wishes to-revise a condition of approval for the existing PCD
which states; "primary access to and from Oswell Street is not
desirable. T-he developer should obtain access rights to the East Hills
Mall private access road. The access on Oswell Street shall be limited
to one drive-located at the south end of the lot frontage with develop-
ment access vi~a the mall road." and allow a direct access drive
approach from Osweil Street into the site for ingress/egress.
Public hearing was continued from February 7, 1991.
Mr. Steve Keike representing East Bakersfield Associates submitted
the following letter:
To Whom It May Concern:
The purpose of this letter is to provide the Planning Commission
with notice that the undersigned objects to the proposed zone change on the
property owned by Marvin Steinert, File 5123 subject property in support of
objection, the undersigned respectfully submits No. 1, the undersigned
objects to the~ Negative Declaration prepared in connection therewith due to
inadequate analysis of the Safety and Circulation Elements failing to miti-
gate impacts that were found to exist in previous reports and subsequently
allowing significant changes to the PCD creating further environmental
impacts without requiring any further notification procedures, hearings or
further environmental impact assessment in violation of Public Resources
Code Sections 21080C, 21082.2, ~1092~ 21092.1, 21100, 21151, and 21166;
Item 2, The undersigned objects to the hearing as of this date due
to inadequate notice in violation of Government Code Sections 65091, 65853,
65854.5, 65901, and 65905. The undersigned is contiguouB real property
owner within 300 feet of the subject development received no notice of the
hearing tonight nor of the Negative Ded~laration prepared~in connection
therewith. Both in violation of due process under the United States
Constitution and California Constitution.
Minutes, P1/C, 2/21/91
Page 10
11. ZONE CHANGE #5123 - MARVIN STEINERT (continued)
Item No. 3, The undersigned is the owner and original developer of
the land adjacent to subject property and therefore with the scope of prop-
erty owner ~equired to be noticed of such action. Pursuant to Ordinance
No-. 3.131 adopted by the City Council on January 6, 1988, in which the sub-
ject property was rezoned from R-4--D to a PCD, the ordinance specifically
provided that ~he change in zoning was made subject to the condition that
public access to OsWell Street shall be severed and that all non-emergency
public traffic movement onto the site shall be restricted to the East Hills
Mall private road. Prior to the enacting of this ordinance, the City of
Bakersfield pursuant to a memorandum from the Department of Public Works to
Jack Hardisty, dated December 9, 1987, stated that primary access.to and
fr~m Oswell Street is not desirable. The developer shall obtain access
rights to the East Hills private access road. Although the undersigned is
under no obligation to do so, it provided Mr. Steinert with appropriate
easements through property that it formerly owned to Mall View Road.
In this matter, there certainly was significant impacts sufficient
to justify the preparation of a focused EIR. In taking judicial notice of
pu~blic'documents prepared in connection herewith, this would be necessary
in order to more fully analyz~ the impact on traffic safety issues. The
governmental land use decisions challenged our judicatory decisions requir-
ing sufficient-individual notice and hearing rights be extended to affected
individuals with property rights and neighboring parcels to satisfy consti~
tutional due process requirements under the 5th and 14th amendments to the
United States Constitution and Article One, Section 7 of the California
Constitution.- In addition, the major issue first and foremost with respect
to the rezoni~g as that it constitutes a major safety problem. Patrons
exiting from the subject property, a high volume driveway immediately adja-
cent to the signalized intersection poses a hazard on the safety of mot6r-
ists preceding southbound on Oswell Street as well as those exiting the
East Hills Development.for Mall View Road. As you are probably aware,
-those same patrons most likely would use the signals on the adjacent sig-
nalized intersection to guide them in and out of the subject property at the
~same time as motorists existing and entering Mall View Road. Although both
the city's and the undersigned Traffic Engineer's agree'upon the safety
hazard involved, does not take an expert to see that the City of
Bakersfield will be ~xposing themselves as well as Mr. Steinert and the
undersigned to additional liability for this and East Bakersfield
Associates would expect appropriate indemnification from the City any acci-
dents arising in this intersection if rezoning is approved.
~Finally, we believe that a reasonable and prudent'person would be able
to accommodate ingress and egress through the existing driveway onto Oswell
from the subject property without detriment to the subject property owner.
The undersigned would be in agreement to modification of this driveway to
allow for both an entrance and an exit.
Respectfully submitted,
East Bakersfield Asso~iates,
a~California Limited Partnership
Minutes, P1/C 2/21'/91 ~
Page 11~
11. ZONE CHANGE #5123 - MARVIN STEINERT (continued)
Chairperson Rosenlieb asked if the Commission is obligated to continue
~his hearing based on the claim they did not receive notification.
Deputy City Attorney, Laura Marino replied that according to rec~ords,
.the Hahn Company was notified, East Bakersfield Associates may not have
been specifi~ally~ notified, however Hahn Company has' identified itself
in the letter as a general partner of East Bakersfield Associates so
notification was given.
Mr. Max Steinert spoke in favor of the request. He referred to the
memo da.ted Febrqary 19, 1991 from- Planning Director Hardisty and indi-
cated tha~ Option #i is best for them, Option #2 would be a compromise,
and Option #3 would not be in their best interest. They feel they have
paid significantly for this project through signal lights, paving the
easement into their property off of Mall View, and by reducing the
building size.
There being no others wishing to speak, public hearing was closed.
Chairperson Rosenlieb commented that the Subdivision Committee met on
this and did not come up with a recommendation. She further stated she
would not be able to support the request for access onto Oswell.
Commissioner Marino responded to the Hahn Company letter and agreed
with what they stated. His first choice would be to remove the traffic
signal, however that is not something that can be done by this
Commission. So considering all the options an~ how dangerous the
existing exit is to deny the project and leave it the way it is, would
be a vote for a very unsafe situation. He endorsed Exhibit A posted on
the board which came~from the committee meeting.
Commis~sion~r Anderson stated there is a problem coming out of that
existing driveway which probably could be alleviated by taking out a
portion of the existing landscape berm to allow for the car to be more
at a right angle to Oswell Street when they are exiting the driveway.
He was concerned with the new proposed cut being so close to the inter-
~section of Mall View Drive and Oswell Street, and felt that by approv-
ing this~ they would be making a.bad situation worse.
Mr. Kloepper stated that Commissioner Anderson's suggestion with regard
to chopping off a corner of the ~xisting landscape area would probably
help the situation as far as the existing exit goes.
The subject of liability was brought up, and it was Deputy Attorney
Marino's opinion that as 'long as there is evidence on the reco.rd which
wo~ld substantiate that this is a reasonable traffic pattern or a rea-
sonable design, then the city has immunity for approval of its reasona-
ble design~.
Mihutes~, P1/C, 2/21/91' ·
11 ZONE CHANGE #5123 - MARVIN STEINERT (continued)
Page 12
Motion was made by.Commissioner Marino to approve the Negative
Declaration and zone change request ~from PCD to PCD as requested ~subject
to the conditions listed in Exhibit A and recommend same to~ the City
Council with the following changes; Condition 2 shall read, Oswell
Street drive approach shall have a throat aisle having no conflicting
parking spaces backing into the aisle for a minimum distance of 60 feet
from the curb face of Oswell Street; Condition 4 shall-be deleted; and
insert condition that the curb break and deletion of the existing drive
shall conform to the plan as noted at this hearing and marked Exhibit A
on~ the wall with the understanding that the location of ~ 58-foot
throat may be modified at the discretion of staff to maintain a safe
dis.t~nce from the~existing pylon sign or other structures; Option #2 of
the February 19, 1991 memorandum from the Planning Director be placed
on futu're development of the land. Motion was seconded by. Commissioner
Anthony, and carried by the following roll call vote:
AYES:
NOES~:
Commissioners Marino, Anthony, Frapwell
commissioner Anderson, Rosenlieb
12. ADDRESS CHANGE FOR RESIDENCES LOCATED AT 3500 AKERS ROAD (PINEWOOD
LAKE) TO APPROVE PINEWOOD LAKE DRIVE AS AN OFFICIAL STEET NAME
Subject property is located on the southeast corner of Akers Road and
Planz Road, zoned R-1 and R-2.
Public ~hearing was opened.
Mr. Steve Ward #39 spoke in opposition to the address change.
Ms. Ira King #43 spoke in opposition.
Ms. Ruth'Jackson spoke in opposition to the change becaus~ of the con-
fusion and aggravation this would cause. She also questioned the
verification of signatures.
Mr. Hardisty commented that staff took this matter as a presentation by
the Homeowner's Association and did not take it as a matter needing
legal verification of all signatures.
Mr. Lee Sega #65 spoke in opposition indicating that a petition was
circulated and signed by reportedly homeowners' and was told that only
a couple had objected, and saw no tangible benefits in changing the
address.
Ms- Hazel Kapral spoke in opposition.
Mr. Chuck Rhodes #66 spoke in opposition indicating that changing
the address would cause a hardship on his adopted daughter because of
her learning disabilities.
Minutes, P1/C, 2/21/91
Page 13
12 PINEWOOD LAKE ADDRESS CHANGE (continued)
Mr. G6rdon S~it~ resi~dent spoke in favor and stated that 80 of the 94
residents have ~given their~support to the address change. There were 7
no's on the petition that was circulated along with 6 no responses, and
one vacancyf
Ms. Jackie Sullivjn stated that when she started circulating the
petition, the concern..was of the inconvenience of changing addresses
on-legal'documents and other important papers.
Mr. Les Coffer #50 spoke in favor.
Ms. Joy Moore, Board Member of Pinewood Lake stated that for purposes
of receiving her mail she would like to change the address , and it is
hard for people to find addresses for delivery purposes and well as
visitors. ~
Commissioner Marino declared a conflict of interest on the grounds of
bias.
Ms. Loi-s Brooks~spoke in favor.
There being no others wishing to Speak, public hearing was closed.
Chairperson-Rosenlieb commented that~ she found it difficult going
against the majority regardless of their reasons.
Commissioner Anderson questioned the validity of the list, and asked
-Mr. Smith if there are people on the list that no longer live in the
area.
Mr. ~Smith'replied he was sure there are because the list was started in
early Fall and during that time people have come and gone but indicated
that-it is probably 90 percent of everyone on the list is there now.
Commissioner Anderson commented that-he was in favor of the address
Change.
Commissioner Anthony commented that he would like to see the' signatures
validated before voting either nay or yea.
Commissioner Bjorn viewed this as a private matter among the
homeowners' and it does appear to be an overwhelming majority. She was
a%so disturbed by th~ age of the petition and was in favor of seeing
the petition validated.
Mr. Segal pointed out that the circulated list was circulated among the
people living there, not necessarily the people who own the properties.
Minutes, P1/C,'- 2/21/91
Page 14
12.-PIKEWOOD LAKE ADDRESs CHANGE (continued)
~Commissioner Anthony suggested continuing-this matter.
Commissioner Bjorn made the motion to continue this to the April 18,
1991 meeting and bring back information identifying that the signatures
ae homeoWners' as opposed to renters and would like to see something no
older than 30 days. Motion was seconded by Commissioner Anderson, and
carried.
13. ONE-YEAR EXTENSION OF A TEMP'ORARY STRUCTURE - STEVEN KIEKE FOR ARB
FABRICATION
Commissioner Bjorn declared a conflict of interest. The applicant is a
client of her lawfirm.
The Site is located at 6000 District Boulevard and consists of a fabri-
cation yard including, a 40,000 square foot building with outside pipe
s~orage and two temporary commercial coaches.
In 1988 the applicant received approval of ~ite plan review #50-88-B to
allow the current development on site.
Mr. Reed Fulmer, Chief Financial Officer of ARB Fabrication Systems was
amenable to the recommended action.~
Motion was made by Commissioner Marino to approve a one year extension
to the temporary structure, said approval shall expire February 23,
· 1992, or upon issuance of certificate of occupancy of a permanent
office, whichever occurs first. Motion was seconded by Commissioner
Anthony, and carried.
14. WRITTEN COMMUNICATIONS
Correspondence from CJroline Reid was received and referred to staff.
· Mr. Hardisty commented that the memo from the City Finance Director
explains the tax form on reimbursements.
15.. VERBAL COMMUNICATION
Mr. Ammann of the KEDC passed out an organizational outline for
commission to review and gave a brief presentation as to what their
role is as far an economic development group within the County.
Chairperson Rosenlieb reminded the General Plan Committee of the meet-
ing with the Urban Development Committee scheduled for February 25,
1991.
Minutes, P1/-C, 2/21/91
Page 15
16. COMMISSION COMMENTS
Discussion on having guest speakers give their presentations at the
Monday pre-meeting rather than sitting through a~ long Commission
meeting.
Discu§sion on the order of agenda items and how they appear on the
agenda.
Discus'sion on smaller lot configurations.
Commissioner Marino suggested that a committee meet on trying to get a
soccer sports complex built in the southeast.
17 ADJOURNMENT
There being no further business to come before the Commission, meeting
was adjourned at 9:20 ~p~m.
Isabel Williams
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