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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2006-08-15RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 15, 2006,1:30 a.m. Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Betty Hull, Joyce Kitchen, and Doug Klink Chair Pohl; Commissioners Amos, Eisenlauer, Hix, Hull, and Kitchen Town Attorney White, Director Joseph, Planner Chilcott, Planner Shirk, Town Board Liaison Homeier, and Recording Secretary Roederer Commissioner Klink Chair Pohl 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. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated July 18, 2006. b. Preliminary Subdivision Plat, Rinella Houser Subdivision, Metes and Bounds, A Portion of S35-T5N-R73W, 1640 Mary’s Lake Road, Applicant: Frank Rinella / Frederick Houser — Continue to October 17, 2006 meeting per applicant’s request It was moved and seconded (Hull/Hix) that the Consent Agenda be accepted, and the motion passed unanimously with one absent. PUBLIC COMMENT None. AMENDED PLAT, Lots 18, 19, 36, & 37, Block 8, and Lot 31, Block 7, Country Club Manor Addition, 615 Columbine Avenue, Applicant: Carla Pederson Planner Shirk reviewed the staff report. He stated this request involves five lots, four of which are owned by the applicant of record, Carla Pederson, and one of which is owned by an adjoining property owner. This is a request to combine Ms. Pederson’s four lots into two lots and vacate portions of three unused rights-of-way, including unused and unncessary rights-of-way for Driftwood Avenue and Ponderosa Drive. These are small “stubs” that terminate at platted single-family lots that have access from Landers Street and Aspen Avenue. The requested vacation of Columbine Avenue would preclude any future connection between Columbine and Ponderosa Avenues, but such connection is unlikely due to the topography. Staff recommends that the northern ten feet of the Columbine and Driftwood rights-of-way be retained. A quit-claim deed for the northern half of the Ponderosa Drive right-of-way will need to be submitted. If it is not, state law requires the vacated right-of-way be returned to the lot and subdivision it was originally platted with; in this case. Lot 1, Block 4, Hyde Park. Ms. Pederson’s proposed Lot 37A is currently addressed 615 Columbine Avenue. With the vacation of Columbine Avenue right-of-way, it may be necessary to change the address to a Landers Street address, and the applicant should consult with the Building Department regarding this. This request was 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 agency staff relative to code compliance or to the provision of RECORD OF PROCEEDINGS Jl Estes Valley Planning Commission 2 August 15, 2006 public services. No comments were received from neighbors. The Public Works Department agreed that the three right-of-ways are unnecessary for public access but recommended retaining them as drainage easements. Public Works has also requested dedication of ten feet of right-of-way along Landers Street, which should end at the current northeast corner of Lot 31. There is presently a twenty-foot right-of-way along Landers Street—it barely contains enough land for the very narrow paved road. Although there is no plan to widen Landers Street, this additional right-of-way will facilitate the planned replacement of water mains in the neighborhood this fall. Public Comment: Amy Plummer of Van Horn Engineering and Surveying was present to represent the applicant. She stated that Ms. Pederson is requesting a front-yard setback of 11.25 feet for her two proposed lots in lieu of the fifteen-foot setback required in the E-Estate zoning district. The applicant is in agreement with all other conditions of approval. She stated the owners of Lot 1, Block 4, Hyde Park are willing to do a quit-claim deed for half of the right- of-way to be vacated. Ms. Pederson requests that if Landers Street is ever widened, consideration be given to the steepness of her driveway. In response to Chair Pohl’s question regarding the authority of the Planning Commission to grant the requested reduced front-yard setback. Town Attorney White stated the Commission has the right to do so on an amended plat by approving a platted building envelope, per the modification provision of the Estes Valley Development Code. If the Planning Commission chooses to deny the reduced setback, the applicant can request a variance from the Board of Adjustment. Joan Banker of 663 Aspen Avenue was present with her son-in-law, Steve Deats. She stated she is the owner of Lots 3, 4, and 5, Hyde Park. She stated her objection to vacating the rights-of-way that adjoin her lots, noting that no one had approached her regarding the pending vacation request. She contended that the rights-of-way had been platted to serve her lots and stated her concern over the impact on future development of Lots 3 and 5 if the right-of-way vacations are approved. Mr. Deats stated Ms. Banker’s lots are very steep, particularly Lot 3, and vacating the right-of-ways would have a negative impact on the lots. He also noted the Ms. Banker currently uses the rights-of-way as access for furniture deliveries and other access by large vehicles when it is needed. Planner Shirk noted the Country Club Manor Subdivision was platted prior to Hyde Park; the rights-of-way in question were platted with Country Club Manor and were intended to provide for future street connection. Discussion followed among the Commissioners, planning staff, Ms. Banker, Mr. Deats, and Ms. Plummer regarding access to Ms. Banker’s lots. Chair Pohl questioned whether Ms. Pederson would be willing to continue the request to the October meeting in order to provide time for clarification and the possible resolution of this issue. Ms. Pederson stated she was willing to continue to request to the October meeting provided that continuance did not hold up her pending building permit application for the addition of a bay window. Director Joseph agreed to allow the building permit application and work on the window to proceed. Ms. Pederson stated her desire to reduce the potential density of the neighborhood by combining four lots into two. She argued that there would be a negative impact on the development potential of her proposed vacant lot if the ten feet of right-of-way along the south side of the lot was not vacated, and that the proposed lot that currently contains her residence would also be affected. It was moved and seconded (Kitchen/Amos) to continue to amended plat request to the October 17, 2006 Planning Commission meeting, with the applicant’s concurrence, and the motion passed unanimously with one absent. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2006 AMENDED PLAT, Lots 5 through 10, Except the Westerly 90 feet of Lots 7 & 8, Beaver Point Heights, 945 Moraine Avenue, Applicant: All Mountain View Inn & Suites, LLC Planner Chilcott reviewed the staff report. She stated this is a request to consolidate the property into one lot. The property was recently annexed into Town limits, is zoned A- Accommodations, is approximately 1.5 acres, and is under contract to sell to the new Rocky Mountain National Park concessionaire, Xanterra. This company intends to change the use from accommodations to employee housing, and is interested in constructing a dining hall/meeting room and expanding storage for the manager’s unit. Depending on the scale of development proposed, a future development plan will be reviewed by the Planning Commission or by planning staff. Although the original amended plat application was a request to create two lots, it has been revised to combine the property into one lot. Staff is supportive of the revised request. Past development on the property has treated the land as one lot, with buildings, utilities, driveways, and fencing constructed and installed without regard to the location of lot lines. The proposed lot meets the minimum lot size requirement, and the dimensions and configuration are appropriate for the location and the type of development and use contemplated. A shed on the northeast portion of the property must be relocated out of the setbacks. An exit sign in the US Highway 36 right-of-way must also be moved to a location reviewed and approved by staff. Adequate public facilities requirements will be triggered with a change of use and/or by new development, and will be reviewed at that time. The required ten-foot-wide utility easements are shown along all property lines. The postal cluster box pull-off currently encroaches onto the property. If it remains in its current location, an access easement must be provided. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Public Works Department, Town Attorney Greg White, Upper Thompson Sanitation District, and the Colorado Department of Transportation. Most of.the comments from affected agencies were in regard to the future change of use and/or additional development on the proposed lot. Comments were also received from neighboring property owner William Jones of 880 Heinz Parkway, who opposes the amended plat and expressed his concerns regarding prior development on the property and the impacts of future development on the proposed lot, particularly in regards to views from his property. Planner Chilcott stated the Planning Commission must find that the proposed amended plat will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the development code. Planning staff believes the application meets these criteria and recommends approval of the request. Commissioner Eisenlauer left the meeting at 2:30 p.m. due to a prior commitment; a quorum remained. Public Comment: Zach Hansen of Van Horn Engineering was present to represent the applicant and stated the applicant is in agreement with all recommended conditions of approval. It was moved and seconded (Hull/Hix) to recommend approval of the Amended Plat, Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8, Beaver Point Heights, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimously with two absent. CONDITIONS: 1. The application form shall be completed. The gas and lift station questions shall be answered. The water service is listed as Town of Estes Park. This is not correct and shall be revised. The property is served by a well. 2. Compliance with Greg Sievers’ memo dated August 1, 2006. Public Works comment #5 shall be addressed with the preliminary plat. The remainder of the comments shall be addressed during review of the development plan and/or change of use/building permit. RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 August 15, 2006 3. The former lot lines shall be labeled “former lot lines to be vacated by this plat.” 4. The shed in the northeast portion of the property shall be relocated out of the setbacks prior to recordation of the plat. 5. The exit sign located in US Highway 36 right-of-way shall be relocated onto the property in a location reviewed and approved by staff prior to recordation of the plat. 6. The dedication statement shall be revised so that utility easements are not also dedicated as drainage easements. 7. The Property Information on the preliminary plat shall be revised to reflect one lot, as shall Note #3, which states “Lot 6A and Lot 9A shall remain zoned A - Accommodations.” 8. The postal cluster box pull-off shall be routed for review by the Post Office and the Town. This pull-off currently encroaches onto the property. If this is not required by the Post Office, the area shall be revegetated, otherwise an access easement shall be dedicated with this plat for this pull-off. 5. REPORTS Discussion of Accessory Kitchen Definition: Director Joseph stated that specific recommendations for the review of the definition of accessory kitchens are not complete; the item will be ready for discussion at the next scheduled Estes Valley Planning Commission meeting on October 17, 2006. Other: Chair Pohl extended his compliments to Recording Secretary Roederer on the minutes from last month s meeting and the exemplary execution of her general job responsibilities. Cha|r Pohl reiterated that there will not be a Planning Commission meeting in September The next scheduled meeting will be held on October 17, 2006. There being no further business, Chair Pohl adjourned the meeting at 2:37 p.m. Edward B. Pohl, Chair