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HomeMy WebLinkAboutMINUTES Planning Commission 1971-12-21RECORD OF PROCEEDINGS Planning Commission Meeting December 21,1971 Committee:Chairman Glenn Prosser,Ronald C.Brodie,Gerald H.Brownfield,Henry 0.Dannels,Charles F.Hix, Harry Miles,Robert F.Wagner Attending:Chairman Glenn Prosser,Gerald H.Brownfield, Harry Miles,Robert E.Wagner Also Attending:Secretary Dale G.Hill,Town Planner Bill Van Horn Absent:Ronald C.Brodie,Henry D.Dannels,Charles F.Hix The minutes of the meeting held on November 16,1971,were read and approved as read. ONE THOUSAND PINES ADDITION TO THE TOWN OF ESTES PARK: Mr.Paul Van Horn appeared before the Commission and submitted a final plat of One Thousand Pines Addition to the Town of Estes Park.The Commission proceeded with the Town Attorney’s letter of December 9, 1971.It appeared to the Commission Mr.Van Horn has complied with the Town Attorney’s suggestions.The Commission then proceeded to discuss a letter,dated December 17,1971,from Mr.Walt Colwell of Phillips, Carter,Reister and Associates,Town Engineers for Planning.The Planning Commission reviewed Mr.Colwell’s letter in detail. In accordance with Section 21.4 of the Municipal Code,Mr.Robert E. Wagner moved that the amended petition for exceptions as filed be re commended to the Board of Trustees for their approval and the following findings are made: (a)That there are special circumstances or conditions affecting said property. (b)That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (c)That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this chapter. Member Harry Miles seconded the motion.Upon roll call the motion unani mously carried. Chairman Glenn Prosser proceeded to conduct a public hearing regarding the annexation of One ThousandPines Addition to the Town of Estes Park. Mr.Paul Van Horn spoke in favor of the annexation.There was no one present speaking in opposition. In accordance with Section 21.3-8 of the Municipal Code,Member Miles moved that conditional approval for the final plat be granted.The condition for approval is:That the street plan and profile and sewer plan and profile are submitted to the Town Engineer for Planning prior to the construction of the same.Member Brownfield seconded the motion. Upon roll call the motion unanimously carried. ERNEST G.HARTWELL ,/ ATTORNEY AT LAW I i/Df 7/ 211 -7th Street Phone 667-3126 —P.0.Box 5 e.ocIote Loveland,Colorado -80537 Colton W.Babcock Jr.December 9,1971 Mr.Dale G.Hill Town Administrator P.0.Box 1200 Estes Park,Colorado 80517 Dear Dale: I am writing in reply to your letter of December 6,1971, pertaining to One Thousand Pines Addition. From an examination of the map of One Thousand Pines Addition, I find the following omissions or errors that must be corrected before the plat will conform to the provisions of Chapter 21 of the Municipal Code of the Town of Estes Park,Colorado: 1.The signature of the Vice President of the First National Bank of Estes Park was not attested and it should be.I have been advised by Mr.Brown that the attest will be by the Assistant Cashier,Wilda Eitemiller.The Assistant Cashier should sign the original plat in the space provided for the attest and the sig natures of the First National Bank officers should be attested by a notary public.I suggest,that due to the lack of space, the following be inserted after the Ruby names:The foregoing was acknowledged before me this _____ day of December,1971,by Herbert Becker as Vice President and Wilda Eitemiller as Assistant Cashier of the First National Bank of Estes Park,a national banking corporation.This will have to be crowded into the very limited space for I do not see another area that the acknowledg ment could be inserted.The notary,Edward L.Palmer,will have to take the acknowledgment of these additional signatures. 2.The signature in the acknowledgment for “Betty Ruby” must be changed to Elizabeth A.Ruby,the way she signed her name. 3.If the property being annexed has been completely improved Sections 21.3—3 and 21.7—7 of the Code must be complied with before the plat and annexation map are approved by the Board of Trustees. 4.A letter from an attorney,as required by Section 21.7— 10 (g),must be delivered and be available at the meeting of the Town Board on January 10,1972. QO Mr.Dale G.Hill December 9,1971 Page 2 5.The Trustees’Certificate is not in compliance with the provisions of Section 21.7—1 (i)of Ordinance No.30—71 and should be corrected to comply therewith. 6.Before the map is approved by the Board of Trustees, Section 21.7—9 must be complied with. 7.Section 21 .7—12 must be complied with.I am preparing and forwarding with another letter,the necessary petitions for inclusion within the Northern Colorado Water Conservancy District and the Municipal Subdistrict thereof. 8.Section 139—59—15,C.R.S.must be complied with,by mailing by certified mail,notices to the owners and adjoining owners of the property whose names will be furnished to the Town by the subdividers in compliance with Section 21.7—10 (f). I am enclosing a form letter to be used forthe mailing of these notices. I have not objected to the Town Attorney’s Certificate, although it is now no longer required.I would suggest calling this to the attention of Paul so that in the future he will be able to follow the Code provisions.Even though the certificate is not required,it is necessary that the Town Attorney approve the map;but,his approval does not have to show on the map. I am forwarding under separate letter,the documents relative to the annexation,such as,the petition,notices, ordinances,resolutions and certificates. If you have any questions, EGH:aeh Enclosure pleae advise me.