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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2007-12-18RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission December 18, 2007,1:30 p.m. Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Chair Betty Hull; Commissioners Wendell Amos, Ike Eisenlauer, Bruce Grant, Joyce Kitchen, Doug Klink, and John Tucker Chair Hull; Commissioners Eisenlauer, Kitchen, Klink, and Tucker Town Attorney White, Planner Shirk, Planner Chilcott, Director Zurn, and Recording Secretary Roederer Commissioners Amos and Grant, Director Joseph Chair Huii 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. Approval of minutes dated November 20, 2007 It was moved and seconded (Klink/Kitchen) that the consent agenda be accepted, and the motion passed unanimousiy. Regarding the minutes of the November 20, 2007 meeting, which included Commissioner Tucker’s explanation of the reason for denial of a previous development application as having been due to the levels of disturbance to trees. Commissioner Kitchen clarified that she had voted to disapprove the project due to insufficient parking. AMENDED PLAT (BOUNDARY LINE ADJUSTMENT), Tracts 1 & 2, Watts Exemption Piat, 2010 Upper High Drive (AKA 2010 Tanager Road), John C. Koenig & Chariotte H. Koenig/Applicants Planner Shirk summarized the staff report. This is a request to adjust the interior lot line of two existing lots of record, which were approved by the County Commissioners in 1978. The total property area is 9.44 acres; a residence exists on the southern lot (Tract 1). The perimeter lot lines would not be altered. This proposal would also dedicate easements and reduce the buildable area for Tract 2. The property is currently addressed 2010 Upper High Drive, although access is off Tanager Road; planning staff recommends the applicants be required to correct their address. The upper portion of Tract 2 is steep and abuts Rocky Mountain National Park. The amended plat would impose a setback of 1,000 feet from the northern property line, removing the portion of Tract 2 that abuts the national park from development potential. Additionally, the plat would shift the southern lot line of Tract 2 slightly southward, remove a long, thin “panhandle” for Tract 2, which runs along the western boundary line between Tract 1 and the adjoining property, and would provide an access easement for Tract 2 utilizing the existing driveway for Tract 1. A second access easement would be platted to formalize the adjoining property owner’s access across the southwest corner of the applicants’ property. A utility easement will also be added. The applicants request that the Planning Commission grant a minor modification to allow a residence to be constructed within forty feet of the southern property line of Tract 2 in lieu of the required fifty-foot setback. Although they had originally requested the forty-foot setback modification for the east and west property lines as well, they have withdrawn that portion of the minor modification request. Staff believes the minor modification to the RECORD OF PROCEEDINGS ■■llllll Estes Valley Planning Commission 2 December 18, 2007 southern property line setback will result in less visual impact and a potential reduction in overall site disturbance and recommends its approval. This request has been submitted 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 Greg White, the Light and Power Department, Larimer County Engineering Department, and Larimer County Health Department. A letter of opposition was received from adjoining property owners Brenton P. and Robin P. Washburne, 2080 Tanager Road. A second neighbor contacted staff with a request to be kept apprised of the Planning Commission’s action but did not voice opposition to the request. Planner Shirk read for the record the findings found in the staff report. He struck finding #3, stating it is no longer applicable as it references the former request to modify the east and west property line setbacks. Minor revisions to the recommended conditions of approval were discussed. Planning staff recommends approval of the proposed amended plat. Commissioner Hull requested confirmation that the outer boundaries of lots will not change. Planner Shirk stated the only change to lot lines will be to the interior lot line between Tracts 1 and 2. Commissioner Tucker questioned whether there would be negative impact to the neighboring property owner’s right of access. Planner Shirk stated the proposed easement will help secure the neighbor’s right of access. Public Comment: Lon SheldonA/an Horn Engineering was present to represent the applicants. He stated a letter has been prepared to respond to the concerns expressed by the neighboring property owner and summarized the contents of the letter. It was moved and seconded (Tucker/Eisenlauer) to recommend approval of the Amended Plat of Tracts 1 and 2, Watts Exemption Plat, to the Board of County Comrnissioners, with the findings and conditions recommended by staff as modified below, and the motion passed unanimously. CONDITONS: 1. Reformat plat for recording (remove improvements). 2. The proposed building envelope shall delineate fifty-foot setbacks for the east and west property lines. 3. The following note shall be placed on the plat: “Side lot line setbacks may be modified through a variance process and shall not require amending the plat or review by the Board of County Commissioners. Front and rear setbacks as shown on the plat shall apply. Variances to the front or rear setbacks as platted shall require an amended Pldt. Prior to recordation of the plat, the property owner shall apply for a change of address the Lar[imer Cour|ty Building Department to officially change the address to 2010 Tanager Road. 4. 4. PRELIMINARY SUBDIVISION PLAT, DEER RIDGE SUBDIVISION, Amended Plat of 4’ Sk0^g. Subdivision5 1825 & 1925 Homestead Lane, Paul M. & Katherine M. Kochevar and John A. Skoog/Applicants Planner Shirk summarized the staff report. This is a request to adjust the common property line between Lots 3 and 4 of Skoog Subdivision and subdivide one lot into three lots. This request was initially presented at the September 18, 2007 Planning Commission meeting. It has been repeatedly continued to allow time for resolution of stormwater drainage design concerns raised by Public Works Director Zurn. Lot 4 contains an existing single-family residence. Lot 3, which the applicant proposes to subdivide into three lots, formerly contained three tourist cabins and was zoned for multi- family development. It was significantly down-zoned in 2003 to E-1-Estate in conjunction with a preliminary plat review, and two of the cabins have since been removed. The final RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 December 18, 2007 plat was approved but expired prior to recordation; thus the applicants have submitted a new plat for review. With this plat, the applicants propose to widen and pave an existing drive, shifting it slightly to the north; extend water and sewer mains into the neighborhood; and provide a fire hydrant. The proposed alignment of the private drive to serve two of the lots would have the effect of removing the traffic for two dwellings from a portion of the existing road, thus helping reduce the overall traffic impact on the neighborhood. Currently, there is considerable erosion from the drive, which causes silt to fill the culvert system. Paving the drive will reduce sedimentation problems. Ongoing discussions have taken place between the Town Public Works Department and the project engineer to discuss the stormwater drainage design. They have reached agreement on the basic design, with final details to be determined within thirty days if the Planning Commission recommends approval of the preliminary plat to the Town Board. If the preliminary plat is approved, the final plat will be reviewed solely by the Town Board. In determining whether the proposed subdivision meets density requirements, the location of the “blue line” water-service elevation, as well as the slope of two of the proposed lots, increases the required lot size. Eighty percent of the property that lies above the blue line has been deducted from the gross land area of 7.3 acres, providing a net land area of 5.4 acres, which meets Estes Valley Development Code (EVDC) requirements for the number of lots proposed. The minimum lot area has been increased per EVDC guidelines to account for areas of steep slope on proposed Lots 1 and 2, which are on the lower portion of the site. If a new single-family residence is constructed on proposed Lot 3, which currently contains an existing cabin, the cabin must be removed. The entire property is within a mapped steep-slope hazard area. The project engineer/applicant, Paul Kochevar, has questioned the existence of such a hazard Planning staff has visited the site; it is staff’s opinion Mr. Kochevar is correct. Staff P\/9r?rSc tf-e PlatlnLnS c?1ommission waive the requirement to provide a mitigation plan flon(?<5^S? a 0WS atllcensed’ professional engineer experienced in soils and BeMu^I thP pHbm a mitl.9at,on plan for steep slope and alluvial soil hazards, cause the code allows an engineer to provide a mitigation plan, planning staff suggests P^DOTH6?ntlS 1alS0Ht',iali"ed ,0 that a mitigation pten is not neoessa^ Proposed Lots 1 and 2 do contain an area of steep slope. One of the mitiqation tha7pnrHUeS outTl?ecl in the EVDC includes location of building envelopes outside geologic hazard areas. The proposal includes limits of disturbance for proposed Lots 1 and 2 that 1°H lPnr0th,b,t dist+UrbanCe of the steep slopes- Lots 3 and 4 do nofcontafn steep slope and do not warrant a steep-slope mitigation plan. b ^ I^isjeques' has been submi«ed to ati appiicabie reviewing aqencv staff and m neighboring property owners for consideration and comment No significant issues Ir Sf’mMc Were expr®ssed hy rev'ewing staff reiative to code compiianL or the provision Estef ParkTfahi Ca°ndmpotS Wen re-ei''ed fr0m Town Attorney Gre9 whit®i Town of Department; and Upper ThorTpsonlanitSbiS' Department' and Public Works Neighboring property owners Mark and Rebecca EIrnH fiyc; c:ltrnmn * ^ ast retel1TobmSn for ab0Ut aPP,iCati°n 0, ,ha davaldpmaa' <=pdp a™ of ttreAdiim[nah; ^larjecue0!"6'"93 ,0Und Staff reP°rt abd -d-aPdad nDmCSaiSTt?oL9arWhLnel^^^^^ a datentr baain RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 December 18, 2007 applicant must request a time extension from the Planning Commission or begin the preliminary plat application process again. Commissioner Tucker noted the applicants are proposing much less dense development than allowed had they chosen to retain the previous multi-family zoning on the property. Public Comment: Paul Kochevar, Project Engineer/Applicant, stated he is part-owner of the property to be subdivided. Work has begun on installation of water and sewer mains to serve the two residences currently on the property and will be completed following issuance of a grading permit, which can be obtained if the preliminary plat is approved. He provided historical information on the drainage of the site; the new detention pond will release water at a historic rate but will prevent damaging flows; the culvert will be enhanced. He stated there should be adequate time to work out the remaining details of the drainage design with the Public Works department prior to Town Board review of the preliminary plat application. It was moved and seconded (Eisenlauer/Klink) to recommend approval of the Preliminary Subdivision Plat, Deer Ridge Subdivision of Lot 3 and Lot 4, Skoog Subdivision, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimousiy. CONDITIONS: 1. The proposed drainage plan and design shall be subject to approval of the Public Works Director prior to the preliminary plat hearing before the Town Board. 2. The south and east lot lines of Tract 88 shall be described. 3. The access easement shall be labeled as a private access easement and clarify which properties it serves (including those outside the bounds of the Deer Ridge subdivision). Final plat submittal shall include a maintenance plan/agreement for the new road. All easements shall be fully described, including those outside the bounds of the property (for example, the access easement crossing Tract 88 “Betton” plat and Lot 2 of the “Skoog” plat). Compliance with the following memos: a. Upper Thompson Sanitation District to Dave Shirk dated August 21,2007. b. Greg White to Dave Shirk dated August 17, 2007. c. Scott Zurn to Dave Shirk dated August 31,2007. d. Compliance with memo from Mike Mangelsen to Bob Goehring dated August 20, 2007. 4. 5. 5. REPORTS None. There being no further business. Chair Huli adjourned the meeting at 2:12 p.m. Betty Hu Julie Froederer, Recording Secretary)