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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2000-09-19BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 19,2000,1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission:Chair Edward Pohl, Commissioners Wendell Amos, DeeDee Hampton, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Also Attending: Chair Pohl, Commissioners Amos, Hampton, Kitchen, McKinney, Pettyjohn and Taddonio Town Liaison Habecker, Town Attorney White, Director Stamey, Director Linnane, Senior Planner Joseph, Planner Shirk, and Recording Secretary Wheatley Absent:None Chair Pohl called the meeting to order at 1:30 p.m. PUBLIC COMMENT None. 1. CONSENT AGENDA 1. Estes Valley Planning Commission Minutes dated August 15, 2000. It was moved and seconded (McKinney/Pettyjohn) that the minutes of the August 15, 2000 meeting be accepted as presented and it passed unanimously. 2. REZONING REQUESTS 1. Lots 1 through 10, Sleepy Hollow Subdivision, Applicant: Gary Connely. Commissioner Kitchen abstained due to a conflict of interest. Neither the applicant nor his representative was present. Senior Planner Joseph reviewed the staff report. The requested zoning from RE to E Estate would create a better fit for setbacks on these lots as currently platted. The developer’s statement of intent states, “there is no intent to further subdivide the existing lots.” The single­ family residential use restriction would remain. Public Comment: Bob Hays, 1874 Fall River Road - asked for further clarification as to the differences between RE and E-Estate. Was opposed to the rezoning. Terry Thompson, 1854 Fall River Road - asked for confirmation that the note stating there would be no further division was legally binding and that there was no change in tax classification with this zoning change, which was confirmed. It was moved and seconded (Amos/Taddonio) to recommend approval to the Town Board of Trustees for the Rezoning of Lots 1 through 10 of Sleepy Hollow Subdivision with the following conditions and the motion passed unanimously with one abstention. 1. Open space outlets shall remain zoned RE. 2. The building envelope lines shown on Lots 1,2, and 5 of the plat shall remain in effect to prevent building on the steepest portions of those lots. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 3. No further division of any of the lots within this subdivision. 4. No accessory dwelling units shall be permitted. Page 2 2. Lots 1 through 4 of the Replat of Lot 2, Tanton Subdivision, Applicant: David Tanton. Neither the applicant nor a representative was present. Senior Planner Joseph reviewed the staff report. The requested zoning from E-1 to R residential zoning would create a better fit for setbacks on these lots as currently platted. It was determined that E estate would be less of a change and still provide the necessary change in setbacks. The single-family residential use restriction would remain. None of the lots are large enough to divide under the requested zoning. Public Comment: Dennis Humphrey, 340 Riverside Drive - asked for clarification that there were 3 addresses and 4 lots. One of the lots is currently vacant. It was moved and seconded (McKinney/Amos) to recommend approval to the Town Board of Trustees for the Rezoning of Lots 1 through 4 of the Replat of Lot 2 of the Tanton Subdivision from E-1 Estate to E Estate with the following condition and the motion passed unanimously. 1. No further division of any of the lots within this subdivision. 3. SPECIAL REVIEW 1. Special Review 00-03,Magical Moments Horse-Drawn Carriages, Applicant: Denise Pinkard. Neither the applicant nor a representative was present. Planner Shirk reviewed the staff report. This is a proposal for horse-drawn carriage rides within the Town of Estes Park. Sen/ices are to include wedding transportation, engagement, anniversary, and other special event celebrations, and include dinner/brunch rides. The applicants intend to use the Stanley Hotel as a base of operations with two local churches (St. Bartholomew’s and Our Lady of the Mountains Catholic Church) as points of pick-up and drop-off of patrons. Public Comment: None. It was moved and seconded (Amos/Kitchen) to recommend approval to the Town Board of Trustees of Special Review 00-03, Magic Moments Horse- Drawn Carriages with the following conditions and the motion passed unanimously. 1. The Applicant shall provide a copy of a Certificate of Insurance for$1,000,000 to the Town with the Town to be named as an additional insured. 2. The Applicant shall obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Church, and Our Lady of the Mountains Catholic Church. 3. The Applicant shall submit a revised site plan Incorporating the following notes: a. Any future additions or revisions to the routes or stops to be approved by Town Staff. b. No signage shall be allowed on public property. c. If traffic conflicts or other use conflicts occur on the streets or at the public stop locations. Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. d. All horses shall be diapered during times of service. e. Horses shall wear a rubber overlay shoe. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 Page 3 f. Public Drop-off shall be limited to Transit Center and Tregent Park. 4. SUBDIVISIONS 1. Amended Plat of the Amended Plat of Lot 20, Amended Plat of Peak View Subdivision and Lot 16, S. St. Vrain Addition, Applicant: Harold B. Miller Estate c/o Miriam Masid. Paul Kochevar of Estes Park Surveyors was present to represent the applicant and reviewed the proposal. This proposal is to divide one 2.8-acre lot into two lots, 1.8 acre and 1.0 acre. The existing drive to the house will be placed on the lot with the house. The remainder of the loop drive will be abandoned as it serves as secondary access only to the back door. The new vacant lot will be 1 acre In size. The new lot will obtain access from either Twin Dnve or Longs Drive on the north side. Mr. Kochevar confirmed that the utilitv easement would be 20 feet wide. The Commission expressed concern that the new driveway to the existing house would be too close to the highway. Public Comment: None. tt was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Trustees the Amended Plat of the Amended Plat of Lot 20 e? P at 0f Peak View Subdivlsion and Lot 16, S. St. Vrain Addition with the following conditions and the motion passed unanimousiy 1' toonp°drireaonbLo?red °n Plat indica,in9 ,he abandonment of the existing 2. No access to Highway 7 will be allowed. 3' BmSrrin9a^nrl!,erViC6 " •es t0 be relo°ated shall be relocated prior to Town puipose.PP 0r an lmprovem6nt guarantee shall be provided for this 4‘ Pnhiir w!rn0r .relooated driveway for Lot 2 shall be approved by the Public Work Director to assure appropriate setbacks from the highway right-of- 2. Boundary Line Adjustment, Sutton Lane Subdivision AoDlicants- a JJJaFr'®neph°r'and’Kevin Christopher, Joseph and Mary Ball. Paul Kochevar of Estes Park Surveyors represented the applicant and reviewed the application The proposal is for a boundary adjustment between three existing residential lots the process of making this boundary adjustment two outlots will be created which are not buildable lots. Two of the proposed new lots wiH haTe desSed building envelopes. Wetlands are present and will remain undisturbed on aTthrL ILI aCHCKeSS 10 thiS Pr0perty is via Sutton Lane, an old privateTnVe thit a so serves neighbonng properties. The status of rights of access across this orivate dnve IS unclear. The applicants agree to maintL the private roaTas an access easement, but not a public ROW. Since the road also passes tough proSs not included in this request, a dedication of the road cannot be con?plete.P docum^friniht o?SePh r6viewed th6 staff reP°rt- The applicant would need to ocument nght of access every place where the road leaves the subdivision Applicants need to have recorded legal rights of access for all the lots. Staff mrnmmen? that c,anficat,on of those access easements be made. Staff is recommending continuation in order for applicant to have time to respond to these PUb IC W0rk Director Linnane asked that a note be add^ to theplat water ain a)dens,on tothe property from Mary’s Lake Road is requlredPfor water serv ces and fire protection to all lots. The access easements on the north Phrtl?w i?f b0t.S 1 and 2 Sh0uld be access and utility easements. The property should be included in the Northern Colorado Water Conservancy District. sS BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 PageT- would recommend adding the note that the wetlands are to be permanently protected from any disturbance. Kevin Christopher, speaking for himself and the Shoriands, gave history to Lots 1 and 2. They would like to keep Sutton Lane as a private easement. Public Comment: None. It was moved and seconded (Amos/Kitchen) to continue the Boundary Line Adjustment of the Sutton Lane Subdivision untii the October 17, 2000 meeting, to allow the applicant and staff time to resolve the road access issues and the motion passed unanimously. 3‘ flU.n„da?c l-ins *diustmen‘. East % of Section 26 and Southwest % of *PP,lcan,: Catherine Huriey and Robert Corley, Jr. as Trustees of the Ellen Waalsh Hurley Trust. Bill Van Horn was preserrt representing the owners. Planner Shirk reviewed the staff report. This project is a boundary line adjustment of an unplatted portion of Latimer County. The purpose of the project Wend ufr" ie.hhe three parcels int0 a more equal area distribution. The owners Wonni! e ’ ,,he USe °I,he 'and ,0 3 sin9le residential unit on each property through a pnvate grant of conservation easement. New building development is not anticrpated in the near future. This boundary iine adjustment would also ronriVe't16 dlscrePancles Of the titles in the area. The new deeded information S3 a pr°Per closure within the plat and with the neighboring propertLs. ^ Sta^rL'J?hPe,1y me,ata,he ell9'bility standards for annexation, it is the pinion of Staff that there would be no benefit to the Town to do so at this time Bill Van Horn rommerned on staff recommendations. Currently the applicants have no piare to use Town water or Sanitation District. This is a rural sKuation wrih tWs fend of density and not appropriate for annexation. Public Wor1<s Director Unnane pproved designating the utility easements as private, rather than public Mr Van arSuskn^0Ut ,hat ,h'S 'S n0t 3 subdivision or a deveiopment, ju^^boijndanirlJne S=.~S3=H= Public Comment: None. SSi Sts tsr*' .» 2- SS5-™-—-'sart ' spnrvtro'Sa0ry ?0,e Sha" be placed on ,he Plat ,hat States “For Town water service, a water mam extension would be required to the lot requesting it in BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19,2000 Pages confomnance with the current standards in effect at the time of the request.” 5. A 10-ft. utility easement is required on all interior property lines. 4. Amended Plat of Lots 21 and 22, Olympus Heights Subdivision, Applicant: Rex Ross Waiker. Bill Van Horn of Van Horn Engineering was present on behalf of the owner. Planner Shirk reviewed the staff report. The applicant Is requesting to amend the platted Lots 21 and 22 by shifting the internal lot line approximately 30 feet to the north, thus increasing the size of Lot 22 and reducing the size of Lot 21. The lot line adjustment proposed will maintain adequate side yard setbacks as established for this zoning district. Approval of the lot line adjustment would create a more buildable area within Lot 22. The owner is planning to build employee housing on Lot 22 within two years. Bill Van Horn advised that the applicant is in agreement with staff recommendations. The Commission asked the status of Bellevue Drive and the utility easement. The private road Is dedicated to the owners of Bellevue Heights Subdivision for access and is available for utilities. The road is an entity outside of any individual property. Public Comment: Elwood Shilling, 2313 Bellevue Drive, advised he bought the road in 1972 in order to bring in Town water and later deeded each section of the road to the adjacent property owner. It was agreed that continuation of this application was in order to research the statements made by Mr. Shilling. It was moved and seconded (Amos/McKinney) to continue Amended Piat of Lots 21 and 22, Oiympus Heights Subdivision untii the October 17, 2000 meeting, to aliow the appiicant time to estabiish ownership rights of the road and the motion passed unanimously. Commissioners Comments: Commissioner Taddonio requested that the phrase “as past practice dictates” located on Page 5 of the Staff Report be deleted, as decisions of the Planning Commission are not based on precedent. Commissioner Kitchen commended applicants of Sutton Lane for trying to clear up the confusing lot configurations and ownership rights of the Sutton Lane Subdivision. Chair Pohl thanked Mr. Shilling for his patience and participation. There being no further business. Chair Pohl adjourned the meeting at 4:15 p.m. Edward B. Pohl, Chair KTr\jlJjj>4±L^ Meribeth Wheatley, Recording ^cretary)rdinq Seci