HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2006-11-21RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
November 21, 2006,1:30 a.m.
Board Room, Estes Park Town Hall
Commission:
Attending:
Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer,
George Hix, Betty Hull, Joyce Kitchen, and Doug Klink
Chair Pohl; Commissioners Eisenlauer, Hix, Hull, and Klink
Also Attending: Town Attorney White, Director Joseph, Planner Chilcott, Planner Shirk,
Town Board Liaison Homeier, and Recording Secretary Roederer
Absent:Commissioners Amos and Kitchen
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
Estes Valley Planning Commission minutes dated October 17, 2006.
Chair Pohl recused himself due to his absence at the October 17, 2006 meeting.
It was moved and seconded (Eisenlauer/Klink) that the consent agenda be accepted,
and the motion passed unanimously with two absent and Chair Pohl abstaining.
2. 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 is a request to combine four lots into
two, vacate unused rights-of-way at the ends of Columbine Avenue, Driftwood Avenue
and Ponderosa Avenue and add them into existing buildable lots, as well as dedicate
addit'onal nght-of-way along Landers Street. Lots 18, 19, 36, and 37, Block 8, are owned
by Ms. Pederson; these are the four lots that will be combined into two. Lot 31, Block 7 is
owned by Laura Gulliksen and is included in this application because half of the Driftwood
Avenue right-of-way that is under consideration for vacation would be absorbed by this lot.
Also, half of the Ponderosa Drive right-of-way will be deeded back to Ms. Pederson via quit
claim deed by the property owners of Lot 1, Block 4, Hyde Park.
This request was heard at the August 15, 2006 and October 17, 2006 Planning
Commission meetings and was continued due to the concerns of adjacent property owner
^an^er’ re9arding the vacation of rights-of-way. Ms. Banker owns Lots 3, 4, and 5 in
Hyde Park; her residence is on Lot 4, with access from Aspen Avenue; Lots 3 and 5 are
vacant. Ms. Banker has expressed her desire to retain the rights-of-way in the event that
future owners of her vacant lots wish to utilize it. A letter was received on November 17,
2006 from Gregg Coffman, an attorney retained by Ms. Banker, stating her opposition to
vacating the rights-of-way and requesting denial of said vacations by the Plannino
Commission. a
Planning staff believes the most appropriate access to Ms. Banker’s lots is via Aspen
Avenue and recommends approval of the amended plat. The Planning Commission is the
reviewing body for this application; the Town Board of Trustees will make the final decision
to approve or deny the application.
RECORD OF PROCEEDINGS IIIIIHI
Estes Valley Planning Commission 2
November 21,2006
Pubiic Comment:
Amy Plummer of Van Horn Engineering and Surveying was present to represent Ms.
Pederson and Ms. Guliiksen. She reiterated that the Coiumbine and Ponderosa Avenue
rights-of-way are steep and unbuiidable. She stated that access via the Ponderosa Avenue
right-of-way would require severe cut and fili and would create a safety hazard due to the
access being in the center of a sharp curve. She stated that Ms. Pederson and Ms.
Guliiksen are willing to provide a private access easement in the location of the Driftwood
Avenue right-of-way they are requesting be vacated.
Gregg Coffman, Attorney at Law, was present to represent Joan Banker. He stated her
objections to the vacation of the rights-of-way; she is not in opposition to the proposed lot
combinations. He clarified that he had received additional information after his letter was
received by planning staff and that Ms. Banker has withdrawn her objection to the
Columbine Avenue right-of-way vacation. She would like the Driftwood Avenue and
Ponderosa Avenue rights-of-way retained, as they provide flexibility for access to her lots if
they are developed in the future.
Joan Banker, 663 Aspen Avenue, stated that if a private access easement is granted in the
location of the Ponderosa Avenue right-of-way the applicants are requesting to be vacated,
in addition to the proposed private access easement in the location of the Driftwood
Avenue right-of-way, she would be willing to accept the vacation of the rights-of-way.
In response to a question from Commissioner Klink, Town Construction and Public
Facilities Manager Greg Sievers stated it would be possible for a driveway to enter
Ponderosa Avenue at the curve where the right-of-way currently exists. He suggested that
the proposed utility easements shown on the plat also be labeled as private access
easements.
Following further discussion, it was agreed to include the dedication of twenty-foot-wide
private access easements in the general location of the Ponderosa Avenue and Driftwood
Avenue rights-of-way as a recommended condition of approval.
It was moved and seconded (Klink/Hull) to recommend approval of the request for an
Amended Plat of Lots 18, 19, 36 & 37, Block 8, and Lot 31, Block 7, Country Club
Manor Addition, to the Town Board of Trustees, with the findings and conditions
recommended by staff and with the addition of condition #10, and the motion
passed unanimousiy with two absent.
CONDiTIONS:
1.
2.
3.
Reformat plat for recording (remove improvements).
Written and graphic legal descriptions for the rights-of-way to be vacated shall be
submitted to Community Development no later than November 30, 2006. (These will
be used for preparation of Town ordinance.)
A quit claim deed and applicable recording fee for the northern half of the Ponderosa
Drive right-of-way shall be submitted with the final plat mylars. This quit claim deed
shall be subject to review and approval of the Town Attorney.
The owner of proposed Lot 37A shall consult with the building department regarding
her address prior to recording of the plat, and change the address if required by the
Chief Building Official.
Compliance with memo from Town Attorney White dated July 21, 2006.
Compliance with memo from Greg Sievers dated August 1,2006.
The plat title, surveyor’s certificate, and dedication statement shall be amended to
include reference to the Hyde Park subdivision.
The legend shall include former property lines.
A 20-foot wide public utility easement shall be retained in the vacated Ponderosa Drive
right-of-way. (This has been shown on the plat.)
10. Twenty-foot-wide private access easements shall be granted through the Driftwood
Avenue and Ponderosa Avenue rights-of-way to be vacated. These private access
easements shall serve Lots 3, 4, and 5 of the Hyde Park subdivision.
5.
6.
7.
8.
9.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
November 21,2006
4. PRELiMiNARY CONDOMiNiUM MAP, Stone Brook Resort Condominiums, Lot 1 &
Outiot A, Barker Subdivision, 1710 Fall River Road, Appiicant: Jeff & Kristin Barker
Planner Chilcott reviewed the staff report. She stated this is a preliminary condominium
map application to condominiumize the accommodations property currently named Trails
West. There are twenty-three existing accommodations units that will be sold into
individual ownership for accommodations use on this 7.61-acre parcel that is zoned A-
Accommodations. Outiot A is a steeply sloped lot that is not developed.
Condominium conversions are a type of subdivision and are reviewed under Estes Valley
Development Code (EVDC) subdivision standards. As such, the applicant must meet
adequate public facilities requirements, summarized as follows:
• The property is served by Town water and the Water Department has determined
that the property meets current standards. However, language in the condominium
declaration should be included to notify purchasers that the costs associated with
any future upgrades to the water service lines will be the responsibility of the
property owners. Upgrades will be triggered by events such as an increase in the
number of units served or an increase in the fixture count. This is not an inclusive
list of events that may trigger upgrades.
• The submitted ISO calculations show the property meets current standards.
• Sewer upgrades will be required because there are more units on the lines than
allowed under current sanitation district guidelines.
• The submitted stormwater management report proposes a 100-cubic-foot detention
pond to filter water prior to its entry into Fall River.
• The application was reviewed by the Colorado Department of Transportation. A new
access permit will be required if changes to the access are made. Staff is
recommending that the access be narrowed; the current access exceeds the
maximum width allowed under the EVDC, and the access should be closer to 90
degrees. There are two access points less than 250 feet apart, which does not meet
current standards. Staff has recommended that one access be marked as exit-only;
this will also help address site-visibility issues.
• All adequate public facilities must be installed or guaranteed prior to recordation of
the final condominium map.
The applicant has shown trail construction along Fall River Road, as recommended in the
long-range hike-and-bike trail plan.
The applicant has indicated they will restrict use to accommodations use; planning staff
must review the condominium declarations to ensure it is so. If residential use is allowed,
the applicant will be required to provide additional parking. A change-of-use permit will also
be required. The recommended conditions of approval are based on accommodations-onlv
use of the property.
This request was submitted to all applicable reviewing agency staff and to neighboring
property owners for consideration and comment. Comments were received from the Estes
Park Department of Building Safety, Public Works Department, Fire Chief Scott Dorman,
Town Attorney Greg White, Upper Thompson Sanitation District, and Colorado Department
of Transportation. No comments were received from neighboring property owners
Planning staff recommends approval of the application.
Public Comment:
The applicant, Jeff Barker, was present and stated he had nothing to add to the staff
report.
J RECORD OF PROCEEDINGS
2.
Estes Valley Planning Commission 4
November 21, 2006
It was moved and seconded (Eisenlauer/Hull) to recommend approval of the
Preliminary Condominium Map, Stone Brook Resort Condominiums, Lot 1 & Outlot
A, Barker Subdivision, 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 proposed private covenant addressing the use of the property, i.e., accommo
dations use, shall be submitted. The Town shall determine that no long-term
residential use is proposed.
Compliance with the Greg Sievers’ memo to Alison Chilcott dated October 20, 2006.
The preliminary condominium map shall be revised to demonstrate compliance with
comments #4, 5, 6, 7, and 9. Pavement markings shall be shown as required by the
Public Works Department, including pavement markings where the trail crosses
Sleepy Hollow Court.
3. A detailed trail construction plan shall be submitted prior to trail construction for Town
review and approval.
4. Compliance with Upper Thompson Sanitation District’s letter dated October 18, 2006.
Sewer service lines shall be shown on the preliminary condominium map
demonstrating compliance with the adequate public facilities standards, and existinq
sewer service lines sizes shall be shown accurately on the preliminary condominium
map.
5. Utility locations shall be planned so as not to remove or damage existing significant
vegetation and to minimize disturbance to root systems, i.e., the preliminary
condomimum map shall demonstrate compliance with Estes Valley Development Code
p7.3.E TreeA/egetation Protection During Construction/Grading Activities.
6. Language shall be included in the condominium declaration notifying future buyers of
condominiui^ units that, at the Town’s discretion, property owner(s) shall be required
to increase the size of water-service lines and any^zosts Lsociated wilrthe increLse
in the service line size will be the responsibility of the property owners The declaration
shall include the following examples of situations that shall require upgrades:
a. The Town determines that water pressure or availability problems exist-
. e Town determines that proposed modifications to units will result in an
increase the fixture value units to the property or
c. Additional development, e.g., additional units, are proposed
b6 °b,ained and 3 C°Py SUbmitted t0 the prior to
JonsSwtthSofhefr maP Sha" be reViSSd “ ,hat ,he tw0 are
10.All nstmclures#sh°a,||Sbeeshownha?rellrtTry con^ominium map shall be corrected,
including decks, sidewalk to east of Un^fs o^fh00 Ptsliminary condominium map,
the Climbing frame 3 rnmoved o^o^o mIU?l14Hh.0"Ub' and climbing frames, if
mapmaP S,atin9 thiS and tb™-
bunding^onta^in^Phe*house/(^ceban^ theCbLhld■*^, 6-9'; !he aSphalt between ,he
shall be shown corrector. bUlldln9 contalni09 Units 9 through 14
8
5- 3°nSERentaifNDMENTS T° ™E ESTES VA1-LEy DEVELOPMENT CODE:
Siste'in the^unfc^al*^code p^tl^nftig t^shortf1*3 lan9da9e ,hat --ntiy
homes) and add it to thfEstes vXl ’f)?'3 (also re,erred to aa vacation
currently included in the EVDC by referLce IndThe oronos HEVr?C)' The lan9ua9e is
instance, planning staff proposes to deiete referrnce’sirdTd'^kS irs,E:hich a^e’
L RECORD OF PROCEEDINGS
Estes Valley Planning Commission 5
November 21,2006
disallowed by the EVDC in single-family residential zoning districts even though vacation
homes are allowed. As defined in the EVDC, a bed-and-breakfast requires the property
owner to be on site, which provides a greater self-policing element than vacation home use
and thus should not be discriminated against in the code language. Proposed changes
would allow either use in residential areas provided that other regulations in the EVDC are
met.
Public Comment:
John Phipps, 585 Wonderview, stated he is a local attorney, and spoke on behalf of
himself as a homeowner and on behalf of his wife, who has been a realtor in Estes Park
for 25 years. He stated his wife believes that allowing vacation homes in residential areas
decreases property values. He requested that only one term be used to define vacation
homes rather than the current practice of using the terms short-term rentals, nightly
rentals, and vacation homes interchangeably. He argued that short-term rentals are
defined as an accessory use in the EVDC and questioned whether using a property for
short-term rentals year round should be allowed. He requested the term “on-site manager”
be stricken from the code language, stating it implies accommodations use. He asked that
references to renting to “one party” be better defined, noting that one person could make
the reservation for a rental but bring seven unrelated people along. He stated that
grandfathered properties should be required to conform to the new guidelines when their
business license is renewed.
FaiRT, CuUrt’ exPressed his concern about the meaning, use, and
e inition of terms, particularly the term “nightly rentals.” He requested that “nightly rentals”
be removed from the list of allowed uses, noting the term more appropriately describes
accommodations uses. He requested that “vacation home” be used instead and that one-
night rentals be disallowed in residential areas.
shLeHs%heffc:noe9mFs exR;iLCedUb; Mf Ph^p^fHelSedS '0r ei9ht y6a;f 3nd
residentiaM^ellinyui^^and'furthe^define1^resic[enti^dDC|rC*e^ineS vacation home as a
of the building that includes sleeoina and kitrhon a. '^well["9 unit as a building or portion rented on anLividua baste SincTude ^^^^^ ar9Ued ,hat if a bedra0"’
for signs for vacation hom4s rtotrdr.o ho 2„He alSl^Stated that ,he a
requested that the size be limited to 8” X 18” ° ^ appropna,e ln residential areas and
Ginny Page, 1861 Raven Avenue, stated that rentals do not belong in residential areas,
of resiSnMy zorled neighbXSdTshoS protechtedSin9le'fa',,i'y residential charaater
while short-term^rentels arre^finedlSessnihannthi^adaCle,ceCl 38 ,hirly dayS °r lon9er'
SlrsrnlfKiri^u^Krsta^'e ,he- COf en"' ~ 0"-H meandpSf
EVDC that would require short-term rentais6":^ ^irumstey^^yl?: tlTyT
amendmelTtedton|1e?^erth1q^,andHthe,0 0t?n,inue ,he discussion of the proposed
With two absent 9’ and ,he motlon passed unanimously via voice vote
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 6
November 21,2006
6. REPORTS
Eagle Rock School Public Access Easement: Director Joseph stated that Eagle Rock
School has been actively working on the description of a public access easement across
their property. This item may be heard by the Planning Commission at the December
meeting.
EVDC Amendments Pertaining to Day Care: Planner Shirk stated the Board of County
Commissioners had adopted the Estes Valley Development Code changes pertaining to
day care at their meeting on November 20, 2006.
Accessory Kitchens as defined in EVDC: Director Joseph stated staff has been
discussing the definition of accessory kitchens, as agreed at the last Planning Commission
meeting. He will make arrangements for a day or two of public open house to receive
input/feedback on that question. Staff may have a recommendation prepared for Planning
Commission review in December or January.
Acknowledgement of Chair Pohl and Commissioner Hix: Director Joseph
acknowledged the resignations from the Planning Commission of Ed Pohl and George Hix.
He thanked them both for many long years of service to the community of Estes Park in a
variety of capacities, including serving on the Planning Commission. They have each set a
fine example for the younger generation to follow in terms of community service.
wnfi!r o?^LClarifi!d*!hat h! is retirin9. not resigning, from twenty-five years of volunteer
CommissionereHfx. hG Gnd °f January 2007' He also exPressed his appreciation for
There being no further business, Chair Pohl adjourned the meeting at 3:20 p.m.
Edward B. Pohl, Chair
Julie Roederer, Recording Secretary