HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2007-06-19RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
June 19, 2007,1:30 p.m.
Board Room, Estes Park Town Hall
Commission:
Attending:
Chair Betty Hull; Commissioners Wendell Amos, Ike Eisenlauer, Bruce
Grant, Joyce Kitchen, Doug Klink, and John Tucker
Chair Hull; Commissioners Amos, Eisenlauer, Kitchen, Klink, and Tucker
Also Attending: Town Attorney White, Director Joseph, Planner Chilcott, Planner Shirk,
Town Board Liaison Homeier, and Recording Secretary Roederer
Absent:Commissioner Grant
Chair Hull called the meeting to order at 1:30 p.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence of the meeting.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
a. Estes Valley Planning Commission minutes dated May 15, 2007.
b. AMENDED PLAT, Lot 11, Mocassin Subdivision, and a Portion of Lot 21,
Riverside Subdivision, Gay G. Curlin/Owner, Van Horn Engineering/Applicant—
Request to adjust the boundary line between two lots from an east-west
orientation to a northwest-southeast orientation
c. PRELIMINARY SUBDIVISION PLAT, Kearney Subdivision, Portion of Lot 12,
South St. Vrain Addition, Kearney & Sons Enterprises, LLC/Applicant—Request
withdrawn by applicant
d. DEVELOPMENT PLAN 07-01, Kearney Mini Storage, Proposed Lot 2, Kearney
Subdivision, Kearney & Sons Enterprises, LLC/Applicant—Request withdrawn by
appiicant
It was moved and seconded (Eisenlauer/Klink) that the consent agenda be accepted,
and the motion passed unanimously.
3. AMENDED PLAT, Proposed Park Lane Subdivision, Lots 9,10,11,12, & a Portion of
Lot 8, Block 1, Second Amended Plat of Town of Estes Park, 205 Park Lane,
Applicant: Zach Wheatley
Chair Hull stated the request has been withdrawn by the applicant.
4. DEVELOPMENT PLAN 07-08, Park Lane Development, Proposed Lot 1, Park Lane
Subdivision, 205 Park Lane, Applicant: Zach Wheatley
Chair Hull stated the request has been withdrawn by the applicant.
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June 19, 2007
5. MINOR SUBDIVISION PLAT, WILDFIRE SUBDIVISION, Metes and Bounds Property,
North End Storage Addition, 1775 Wildfire Road, Owner: Ronald J. Gordon,
Applicant: Longs Peak Deveiopment, LLC,
and
REVISED DEVELOPMENT PLAN 05-08A, Proposed Lots 1 and 2, Wildfire
Subdivision, TBD Wildfire Road, Owner: Ronald J. Gordon, Applicant: Longs Peak
Development, LLC
Planner Shirk provided the staff report for these two proposals. In the fall of 2005, the
Board of County Commissioners approved a rezoning from CO-Commercial Outlying to
CH-Commercial Heavy for the property; the Estes Valley Planning Commission also
approved a development plan (#05-08) for mini-storage units at that time. The lot was
subsequently annexed to the Town of Estes Park, therefore, the Town Board of Trustees
will be the final decision-making body for the subdivision request.
The minor subdivision plat is a request to divide one lot into two separate lots. Lot 1 is
proposed to be 1.2 acres; Lot 2 is proposed to be 0.9 acres. The subdivision plat will
dedicate a common access drive for the two lots, which will be gated and locked at night,
as well as dedicating drainage and utility easements. Staff recommends the applicant be
required to extend Wildfire Road to the western boundary of Lot 1 as a condition of
approval.
The purpose of the request to amend the development plan is to allow ErtI Mechanical to
purchase the property and relocate their business to Lot 2. At the time the property was
rezoned from CO to CH, its use was restricted to that shown in the development plan 05-
OS for North End Storage (mini-storage units). Any change in land use requires review
and approval of the governing body, thus the Town Board will be the decision-making
body for the requested change-of-use to allow the building materials/storage operation
(ErtI Mechanical). The amended development plan also includes an addition to the north
side of the existing warehouse/storage building; relocation of the existing residence from
its current location on proposed Lot 1 to the southeast portion of Lot 2; designation of this
residence as an employee housing unit, which will be subject to a restrictive covenant;
and omission of the line of mini-storage units formerly proposed along the easternmost
property line. The deed restriction on the residence will limit its use to that of the owner,
operator, or caretaker of the property; the deed restriction will be in effect for a period of
twenty years. The well that currently serves the residence will be abandoned; the
residence will be served by Town water and Upper Thompson Sanitation District.
The amended development plan proposes stormwater drainage for the northern portion of
the property be directed into a small detention pond in the northeastern corner and
drainage for the southern portion of the site be directed to the southeast corner. Staff
recommends the drainage plan be revised, and further recommends it be reviewed and
approved by the Public Works department prior to the Town Board hearing on this
proposal.
When the North End Storage development plan 05-08 and rezoning were originally
proposed, many neighboring property owners expressed concern about the hours of
operation. A bread-distribution business that uses the warehouse/storage building had
been conducting their business beginning at 2:00 a.m. The approved development plan
restricted all hours of operation on the property from 8:00 a.m. to 8:00 p.m. The applicant
is requesting that the hours of operation be amended to allow operations to begin at 6:30
a.m. Staff recommends approval of this requested change, provided that the change
applies solely to Lot 2 and operations prior to 8:00 a.m. are restricted to be within
enclosed structures.
This request was routed to all applicable reviewing agency staff and to neighboring
property owners for consideration and comment. No significant issues or concerns were
expressed by reviewing staff relative to code compliance or the provision of public
services. Comments were received from Town Attorney White, Town of Estes Park Water
Department and Public Works Department, and Upper Thompson Sanitation District. No
comments were received from neighboring property owners. Planning staff recommends
approval of the minor subdivision plat and revised development plan 05-08A.
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June 19, 2007
Public Comment:
Paul Kochevar, Estes Park Surveyors and Engineers, was present to represent ErtI
Mechanical and Longs Peak Development. He stated the applicant has reviewed planning
staff’s recommended conditions of approval and is in agreement with them. He stated the
revised development plan provides approximately 1500 square feet less building area,
and that moving the residence will be better for adjacent property owners at Vista Ridge
than the previously proposed storage units at that location.
Chair Hull noted the applicant’s statement of intent refers to storage buildings that will be
taupe and beige, with tan roofs and green doors and stated the existing buildings on the
site are light beige with red doors and white roofs. She questioned when the property
fencing and landscaping would be installed and also expressed concern about trailers that
have been stored on the site; the current development plan prohibits any outside storage
on the site.
Karl ErtI of ErtI Mechanical stated the trailers will be moved. Privacy fencing and plantings
are in the bidding process; work should begin soon. Landscaping will be irrigated. He
confirmed that any work on Lot 2 that will begin between the hours of 6:30 and 8:00 a.m.
will be conducted inside the warehouse/storage building.
Adjoining property owner Linda Edmondson, 865 Crabapple Lane, a resident of Vista
Ridge, questioned whether the bread-distribution company will continue to operate from
the warehouse/storage building, questioned the stone fence that is being installed, and
expressed concern that moving the residence will block neighbors’ views.
Discussion followed among Commissioners, planning staff. Town Board Liaison Homeier,
Mr. Kochevar, Mr. ErtI, and Ms. Edmondson, and is summarized as follows:
• The bread-distribution company began operating out of the warehouse/storage
building prior to the construction of Vista Ridge. The current lease expires in March
2008.
• The Board of County Commissioners’ conditions of approval for rezoning the
property limited use of the property to that specified in the approved development
plan 05-08 for North End Storage (use for mini-storage units). The bread company
operations on the site appear to be grandfathered until the expiration of their
current lease. However, if operations continue beyond March 2008, it will be
considered a change in land use and will require the applicant to apply for and
receive approval of the governing body (Estes Valley Planning Commission and/or
Town Board) through a public hearing process.
• The proposed plumbing business use (ErtI Mechanical) falls under the Estes Valley
Development Code use definition of Building Materials/Services.
• Moving the residence will reduce impact on neighbors’ views because a line of
mini-storage units was previously planned for that location.
• The “stone fence” Ms. Edmondson referred to is part of the stormwater drainage
structure. Trees will be planted as a buffer between this structure and the adjoining
property.
• Conditions #1 and #15 were discussed and added to the conditions of approval for
the revised development plan.
• Revised development plan condition #6 (#5 in the staff report) was amended to
specify the building to which it applies.
• Mr. ErtI indicated his agreement with the added/amended conditions.
It was moved and seconded (Klink/Tucker) to recommend approval of the Minor
Subdivision Plat for Wildfire Subdivision, a Metes and Bounds property in the North
End Storage Addition addressed 1775 Wildfire Road, to the Town Board of
Trustees, and the motion passed unanimously.
CONDITIONS:
1. Approval of Development Plan 05-08A, “Amended Development Plan of North End
Storage/ErtI Mechanical.”
2. Compliance with memo from Jeff Boles to Bob Goehring dated 5/22/2007.
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3. The applicant shall extend Wildfire Road to the western property line. This road
extension shall comply with Town road-design requirements, and shall include six-foot
wide roadside shoulders (instead of sidewalk).
It was moved (Tucker) to approve the Revised Development Plan 05-08A for
Proposed Lots 1 and 2, Wildfire Subdivision, with an additional condition that hours
of operation between 6:30 a.m. and 8:00 a.m. be limited solely to the plumbing
business following expiration of the bread company lease in March 2008. The
motion failed for lack of a second.
It was moved and seconded (Tucker/Klink) to approve the Revised Development
Plan 05-08A for Proposed Lots 1 and 2, Wildfire Subdivision, with the findings and
conditions recommended by staff, the added conditions #1 and #15, and the
amended condition #6, and the motion passed unanimously.
CONDITIONS:
1. Approved uses of Lot 1 are limited to self-service mini storage. Approved uses of Lot 2
are limited to building materials/services and one employee-housing unit.
2. Lot 1 hours of operation shall be limited to 8:00 AM to 8:00 PM. Lot 2 hours of
operation shall be limited to 8:00 AM to 8:00 PM, except Lot 2 operations shall be
allowed to begin at 6:30 AM for operations within enclosed structures.
3. No additional exterior lighting shall be allowed.
4. The light on the existing building shall be retrofitted to comply with Section 7.9 prior to
issuance of building permits for the new structures.
5. All metal portions of the buildings shall be a matte finish to minimize reflection of light.
6. The east and south walls of Building F shall be constructed of wood or stone.
7. Per Section 5.2, the mechanism used to restrict the employee-housing unit shall be
approved by the Town Attorney and recorded prior to issuance of a certificate of
occupancy.
8. Drainage swales shall be grass swales instead of rip-rap wherever possible.
9. Public Works shall review and approve a revised stormwater plan.
10. Compliance with memo from Jeff Boles to Bob Goehring dated May 22, 2007
regarding this project.
11. Compliance with memo from Mike Mangelsen to Bob Goehring dated May 23, 2007
regarding this project.
12. A recorded driveway maintenance agreement shall be submitted with the first building
permit application. This agreement shall be subject to review and approval of the Town
Attorney prior to recording.
13. A recorded drainage agreement shall be submitted with the first building permit
application. This agreement shall be subject to review and approval of the Town
Attorney prior to recording.
14. Lot size shall be shown on the drawing.
15. The existing bread-distribution business shall be allowed to operate for the duration of
its present lease, which will expire in March 2008.
6. PROPOSED BLOCK 9 AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT
CODE
This request is to make a number of changes and corrections to the Estes Valley
Development Code. Planners Shirk and Chilcott summarized the proposed changes as
follows:
Section 4.3.C.5, Table 4-2: Base Density and Dimensional Standards Residential
Zoning Districts regarding floor area ratio and lot coverage applicability
Proposed changes specify that all development in residential zoning districts, except
development of one single-family dwelling on a single lot, shall be subject to a
maximum floor area ratio (FAR) of 0.30 and a maximum lot coverage of 50%. This will
prevent a residentially zoned lot from being developed with a use (other than single
family dwelling) that covers more than 50% of the lot and more than a 0.30 FAR.
Development of allowed uses such as day care centers, senior institutional living
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Estes Valley Planning Commission 5
June 19, 2007
facilities, private schools, and so forth, is currently allowed to exceed 50% lot coverage
and 0.30 FAR.
Section 7.1, Slope Protection Standards regarding deveiopment on steep siopes
Proposed changes remove the exception regarding development on steep slopes for
lots approved for single-family residential use prior to the effective date of the Estes
Valley Development Code (EVDC). These properties would then be subject to EVDC
Section 7.7, Geologic & Wildfire Hazard Areas. Proposed changes also effectively
change the definition of a steep slope from one of 30% or greater to one of 20% or
greater.
The developable lots remaining in the Estes Valley tend to be problematic, and
planning staff has recently received a number of building permit applications with
exceptional site disturbance, particularly due to driveway cuts. Excessive visual impact
can result due to scarring of the land. This impacts not just neighboring properties, but
all properties from which the site is visible, even those great distances away.
Development on slopes of greater than 20% would allow planning staff to require the
same level of detail that is required for development plan submittals and would require
engineering for a grading permit, something that is already required by the adopted
Building Code. An engineer would be involved in site design and mitigating the effects
of stormwater runoff.
Section 7.2, Grading and Site Disturbance regarding site disturbance standards
The proposed change removes the exception regarding grading and site-disturbance
standards for development on lots approved for single-family residential use prior to
the effective date of the EVDC. The standards may restrict building location and
associated driveways to a location that results in highest degree of compliance with
these standards, thereby minimizing site disturbance. Planning staff considers this a
continuation of proposed changes to Section 7.1.
Some building permit applicants prefer to place their residence as high on a lot as
possible to maximize views despite scarring caused by cuts for a driveway. With this
change, a residence may be required to be placed lower on a slope than was
previously allowed in order to prevent excessive site disturbance (driveway cuts,
switchbacks, etc.).
Section 7.11.F, Off-Street Parking and Loading, Location regarding location of
guest parking spaces;
The proposed change adds a condition regarding guest parking requirements for multi
family developments. Specifically, “Driveways may not be counted toward guest
parking requirements. Guest parking shall be located to provide convenient access to
all units and shall be dispersed throughout the site.” The purpose of this change is to
ensure provision of adequate guest parking that is safe and convenient for residents
and guests of a development.
Section 7.11.0.5. Basins and Drainage Facilities regarding Larimer County
Stormwater Control Manual applicability;
The proposed change adds the words “as amended” to the current code language,
such that drainage facilities must comply with the Larimer County Stormwater Control
Manual, as amended, to ensure compliance with the most recently adopted
regulations.
Section 10.4.A2 regarding lot width. Section 10.5.H Exemptions regarding
exemption for review of two-unit condominium projects;
Planning staff recently discovered conflicting code language regarding minimum-lot-
width requirements. The proposed change corrects this conflict by adding the following
language (addition italicized): Lot width shall comply with standards set forth in Tables
4-2 and 4-5 and shall be no less than thirty (30) feet at the front lot line. Flagpole lots
shall comply with S 10.4.A.C, and shall be no less than thirty (30) feet at the front lot
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Estes Valley Planning Commission 6
June 19, 2007
line or seventy-five (75) feet at the building line, or such greater width as may be
required by this Code.
Section 10.5.H, Condominiums, Townhouses, and Other Forms of Airspace
Ownership
The EVDC currently does not require review of condominium developments consisting
of two units or less. EVDC standards for subdivision of property still apply to such
development, but there is no opportunity for planning staff to communicate that
information to the property owner. Therefore, the proposed change removes
subsection 3, Exemptions, which exempts condominium projects of two units or less
from the appropriate review and approval.
Appendix D.1, Generai, regarding the Larimer County Road Standards Manual
applicability;
The proposed change adds the words “as amended” to the current code language,
such that Larimer County Road Standards, as amended, apply in order to ensure
compliance with the most recently adopted regulations.
Appendix D.lll, Generai Site Access regarding driveway design
The proposed changes add the requirement that no driveway may be so located as to
block or alter access to adjoining properties or uses. They also require driveway
aprons to be either less than five (5) feet in length or greater than twenty (20) feet in
length unless it is demonstrated that the design will not interfere with adjoining traffic
movements. Planning staff has observed poor traffic circulation within a number of
multi-family developments in the Estes Valley and has received complaints from
property owners regarding this issue. Staff seeks to ensure provision of safe and
reasonable access by all users of roads/drives within such developments.
Discussion
Commissioner Kitchen expressed general support of the proposed changes but requested
additional time to consider the impacts of the changes proposed to EVDC Section 7.1,
Slope Protection Standards. It was agreed to continue the discussion at the next meeting.
It was moved and seconded (Klink/Kitchen) to continue the discussion of proposed
Block 9 changes to the Estes Valley Development Code to the July 17, 2007
Planning Commission meeting, and the motion passed unanimousiy.
7. REPORTS
Planner Shirk stated on June 18, 2007 the Board of County Commissioners approved the
Charles Heights and Reed’s Subdivision plats, which were heard by the Planning
Commission at the May 15, 2007 meeting and recommended for approval. He also noted
that the County Commissioners approved the retention of an existing sixty-foot right-of-way
width for the proposed Stone Bridge development in lieu of requiring an additional twenty
feet of right-of-way, which is the recently adopted standard for Larimer County roads. This
was the only modification granted by the County Commissioners. A development plan for
the Stone Bridge condominium development is scheduled for Planning Commission review
at the July 17, 2007 meeting.
There being no further business. Chair Huii adjourned the meeting at 3:07 p.m.
Betty Hull, Chair
uli^/floederer, Recording ecretary