Planning Commission Agenda and Packet 2016 12 08

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Planning Commission Meeting Minutes November 10, 2016 Page 6 of 23 We purchased the property out of foreclosure and it was conveyed in this way to use as a condo association. We are trying to clean it up and create four dividable lots so we can manage it easier. We currently do not own the parking lot per se. It is run by an association not in place right now. This way, there will be three owners able to have access to their parking lots and their buildings. This is a cleaner way to go about it. Commission Questions of Applicant: Rice asks McNeil if he has any problems with the condition of entering into a shared parking agreement. McNeil says we have no concerns about it. Public Comment: Michael Menaker, 1827 W Choke Cherry Drive, Louisville, CO I live just up the hill from this so I am in here frequently. My question is, when this is subdivided, is there some guarantee of maintenance? There is essentially a private road that provides access, right turn in to go west on Century Drive. It runs back to the drycleaners and Lamar's. At various points during the year, the road is pot -holed and cratered, and the pavement has heaves. If this is subdivided into four separate lots, what assurances and procedures are in place to insure that everything is maintained to a standard? McNeil says we are instituting a maintenance agreement to be entered in by all owners to have a cost sharing of that drive. It will address asphalt maintenance and street lights maintenance. That will be the governing document going forward to control that process. Brauneis says does Staff have anything to add to that? Zuccaro says I don't think anything would change from the requirements of the PUD which would be to maintain that private drive. Any improvements shown on the original PUD must be maintained by the property owner and that requirement runs with the land. Ultimately, the City could enforce through enforcement of the PUD. Rice says that even though they have divided into four lots, the same duties that would have existed previously under the PUD still exist. Sheets says does that need to be reflected in the conditions or are we ok with what we have in the current resolution. Trice says they are entering into a maintenance agreement. It will be easier for them to manage and hopefully, it will improve the situation. Summary and request by Staff and Applicant: Staff recommends Planning Commission move to approve Centennial Pavilions Final Plat: Resolution No. 30, Series 2016, a resolution recommending approval of a replat to subdivide a single 9.4 acre lot into four separate lots zoned Commercial Community (CC), located at 133- 165 S. McCaslin Boulevard; Lot 1, Centennial Pavilions Filing No. 1, with the following condition: 1. Prior to the recordation of the plat, the applicant shall record an agreement between the four lots to establish shared parking, cross access, and overall maintenance. Closed Public Hearing and discussion by Commission: Motion made by Sheets to approve Centennial Pavilions Final Plat: Resolution No. 30, Series 2016, a resolution recommending approval of a replat to subdivide a single 9.4 acre lot into four separate lots zoned Commercial Community (CC), located at 133-165 S. McCaslin Boulevard; Lot 1, Centennial Pavilions Filing No. 1, with the following condition: 1. Prior to the recordation of the plat, the applicant shall record an agreement between the four lots to establish shared parking, cross access, and overall maintenance. seconded by Brauneis. Roll call vote.