HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2006-05-16RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
May 16, 2006,1:30 p.m.
Board Room, Estes Park Town Haii
Commission:
Attending:
Also Attending:
Absent:
Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer,
George Hix, Betty Hull, Joyce Kitchen, and Doug Klink
Vice-Chair Hull, Commissioners Amos, Eisenlauer, Hix, Kitchen,
and Klink
Town Attorney White, Town Board Liaison Homeier, Director
Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary
Roederer
Chair Pohl
Vice-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. CONSENT AGENDA
a. Estes Valley Planning Commission minutes dated April 18, 2006.
b. Preliminary Subdivision Plat, Hallett Heights Subdivision, A Portion of
Section 35, T5N, R73W of the 6th P.M., 1836 Mary’s Lake Road, David &
Diane Caddell, Applicant: Continue to June 20, 2006 Estes Valley Planning
Commission meeting per applicant’s request.
It was moved and seconded (Eisenlauer/Klink) that the Consent Agenda be
accepted and the motion passed unanimously.
3.
4.
PUBLIC COMMENT
Robin Smith of 1850 Mary’s Lake Road addressed the Commissioners regarding the
desire of six property owners in his neighborhood to rezone their lots from A-1-
Accommodations to single-family-residential zoning. He presented copies of a letter
explaining the request that were signed by the property owners concerned. Director
Joseph explained the need to apply through the formal process for rezoning.
TRAILS COMMITTEE PRESENTATION
No representative of trails committee was present at the meeting.
PRELIMINARY SUBDIVISION PLAT, Silver Tree Subdivision, A Portion of the
SE y4 of the SE y4 of Section 35, T5N, R73W of the 6th P.M., North of Little
Prospect Road, Applicant: CMS Planning & Development
Planner Shirk reviewed the staff report. He stated this is a request to subdivide a
thirty-nine-acre parcel zoned RE-Rural Estate into four single-family residential lots
and one non-buildable outlet. The Estes Valley Land Trust holds a Deed of
Conservation Easement on the property that limits development to four lots. The
proposed 18.5-acre outlet, which would be owned and maintained by a
homeowners’ association, was proposed as an amenity to future homeowners to
provide shared access to the rock outcrops at the top of the parcel. Submittal of an
amended conservation easement to allow a fifth lot (the outlet) would be required
prior to recordation of the final plat. The open-space lot is not required by the Estes
Valley Development Code (EVDC); if the applicant is unable to obtain approval from
the Land Trust to add the outlet, the final plat design would eliminate the outlet and
extend the four single-family property lines to the eastern property line.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
May 16, 2006
The proposed lots comply with the lot-dimension and configuration standards in the
EVDC. The parcel is steep and contains rock outcroppings; a limits of disturbance is
proposed that will keep future development on the lower portion of the hiilside and
complies with the limitations set forth in the conservation easement, which limits
each building envelope to an area no greater than three acres in size. Tree and
vegetation protection standards apply.
An eight-inch water main will be extended from Mary’s Lake Ridge Subdivision and a
fire hydrant will be installed at the end of the water main. Fire Chief Scott Dorman
has agreed to a “hammerhead” turnaround at the end of Siiver Tree Lane rather than
the traditional cul-de-sac; this design will minimize cut and fill on the property while
allowing room for fire trucks to turn around.
A new sewer main will be extended to the west, through the proposed Hallett
Heights Subdivision on an adjacent property. This design minimizes overall site
disturbance. If the proposed Hallett Heights Subdivision is not finalized and
recorded, the sewer system will need to be redesigned so the main would go
through Lot 3 of Mary’s Lake Ridge Subdivision.
Silver Tree Lane will be extended 110 feet to the north to serve the lots and will be a
privately maintained public road built to public-road standards. The proposed
residential lots will share a common private driveway that will extend north from the
end of Silver Tree Lane. The driveway will be shared through private access
easements. The shared driveway meets the technical requirements of the EVDC, as
well as the purpose and intent of the Code to minimize driveways. The lot owners
will need to join the maintenance association for Silver Tree Lane and a joint
driveway-maintenance agreement must be submitted.
Thisu/eq^est was submitted to all applicable reviewing agency staff and to
neighboring property owners for consideration and comment. Comments were
received from Town Attorney Greg White, the Town Public Works Department
Upper Thompson Sanitation District, Colorado Geological Survey, Larimer Counh!
Emergency Services Specialist Tony Simons, the Estes Valley Land Trust, Larimer
ounty Engineenng Department, Larimer County Department of Health and Environrnent, and Larimer County Planning and Building Department wflitten
comments were mcewed from neighbors. The site is within mapped 4teep Xe”
geologic and wildfire hazard areas. Comments from the Colorado Geological Survev
recommend that a rock-fall investigation be conducted to determine the fall-out zone of potential rock fall so that the proposed building envelopes are looted outside S
zone Any necessa^ changes should be shown on the finll plat The Sime
SLmLdmw?hetnh';yfSe7'C,ef Sp®cialist suggested that a forest management plan be
“ferbh|ifh:d,:nalhPJaEvrc.aPPr0Ved Pri0r t0 ,inal --^a'-.9CnteriaPfor thi
Public Comment:
Frank Theis, President of CMS Planning & Development, stated all of the proposed
lots have senrices available and good access. The outtot was proposed K on
preliminary discussions with representatives of the Land Trust; he stated his
pnn688 to..remove the proposed outlet if the Land Trust does not’agree to amend
the conservation easement. Commissioner Amos emphasized that tL Land Trust
pnnM^n? imitS de''e oPment t0 four lots and stated that he could not support the
applicant s proposal of five lots, as submitted.
Neighboring property owner Robin Smith, 1850 Mary’s Lake Road reauested
fnoTw?100 ab0Ut the driveway access easemont. Planner Shirk stated’ it isq a fifty-
easementaCMerSSTehapSirStaHd the driveway can be P|aced anywhere within the
easement. Mr. Theis stated neighboring property owners had indicated in
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
May 16, 2006
conversations with him that they did not want the driveway placed right on the
property line. He stated his intent to place the driveway as high within the easement
as possible, given the terrain. He also noted that he has agreed to allow neighboring
property owners to access the water main without asking them to participate in cost
sharing for the main.
It was moved and seconded (Klink/Hix) to recommend approval of the
Preliminary Subdivision Piat, Siiver Tree Subdivision, A Portion of the SE % of
the SE Va of Section 35, T5N, R73W of the 6th P.M., to the Board of County
Commissioners, with the findings and conditions recommended by staff, and
the motion passed with one absent. Those voting YES: Eiseniauer, Hix, Huil,
Klink. Those voting NO: Amos. Those abstaining: Kitchen.
CONDiTIONS:
1
6.
A rock-fall investigation shall be conducted prior to final platting, and proposed
building envelopes amended as needed.
A forest management plan shall be submitted with the final plat and approved by
the Larimer County Emergency Services Specialist prior to plat recordation.
These lots shall be included in the maintenance association established with the
Mary’s Lake Ridge subdivision. Verification of this shall be submitted with the
final plat mylars.
A joint maintenance agreement for the common driveway shall be submitted for
recording with the final plat mylars.
An amended Deed of Conservation Easement shall be submitted with the final
plat mylars. If this amended deed is not submitted, the plat shall be amended to
extend the four residential lots to the eastern lot line.
Compliance with comments 4 through 10 of the memo from Greg Sievers to
Dave Shirk dated April 24, 2006.
5. PROPOSED CHANGE TO ESTES VALLEY DEVELOPMENT CODE SECTION
5.B.2.d TO ALLOW FAMILY HOME DAY CARE PROVIDERS TO EMPLOY ONE
ASSISTANT ON SITE
Planner Shirk stated childcare advocate Janice Newman had sent an email to the
Community Development Department outlining her concerns regarding lack of home
daycare available for local children and the impact of EVDC regulations that prohibit
an employee in home-occupation settings. He presented a rough draft of the
proposed changes shown underlined below. He requested input from the
Commissioners on these proposals and other issues regarding the employment of
one assistant in a home daycare, including the increase in trips per day generated
by the additional children that would be allowed in a home-daycare setting if
employment of an assistant is allowed, allowing outside activity (currently prohibited
by the EVDC), allowing an employee only for the care of infants/toddlers, requiring a
minimum lot size, and objections that may be raised by neighboring property owners
where access to the daycare crosses private property. Discussion among the
Commissioners and Planning staff followed on these topics.
Permitted in the Residential Zoning§5.2.B Accessory Uses/Structures
Districts.
2. Additional Requirements for Specific Accessory Uses/Structures
Permitted in the Residential Zoning Districts.
d. Home Occupations.
(3) Employees: No one other than a resident of the dwelling shall be
employed on site, report to work at the site, or pick up supplies or
products on site in the conduct of a home occupation. This
prohibition also applies to independent contractors. (Ord. 15-03
#1)
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
May 16, 2006
Family Home Day Care providers who comply with the State of
Colorado and the Colorado Department of Human Services rules
and regulations may have one assistant.
(6) ParkingA/ehicles/Traffic:
(d) Family Home Day Care providers who comply with the State
of Colorado and the Colorado Department of Human Services
rules and regulations may have twenty (20) trips per day.
Public Comment:
Janice Newman of Estes Valley Investment in Childhood Success addressed the
Commissioners on the topics listed above and requested their support for changes
to the development code to allow home daycare employees, particularly because of
the need for additional daycare in the Estes Valley and the increased safety that
would be provided by a daycare assistant.
Given the Commissioners’ input, Planner Shirk agreed to redraft the proposed
changes and present them at the June 20, 2006 Planning Commission meeting.
6. REPORTS
None.
There being no further business, the meeting was adjourned at 2:31 p.m.
ilUJp
Betty Hull, \(j|ce-Chair
Juli^o^erer/Recordirlg Secretary