HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2000-06-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
June 20, 2000,1:30 p.m.
Board Room (Room 130), Estes Park Municipai Buiiding
Commission:
Attending:
Aiso Attending:
Absent:
Chair Edward Pohl, Commissioners Wendell Amos, Joyce Kitchen,
Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio
Chair Pohl, Commissioners Amos, Kitchen, McKinney, Pettyjohn
and Taddonio
Director Stamey, Town Attorney White, Senior Planner Joseph,
Planner Shirk, and Recording Secretary Wheatley
None
Chair Pohi called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
1. Estes Valley Planning Commission Minutes dated May 16,2000.
2. Development Plan 00-07, Lot 3, Mary’s Lake Subdivision, Applicant;
Frank Theis. Continued to the July 18,2000 Planning Commission Meeting.
it was moved and seconded (Amos/Pettyjohn) the consent agenda be
approved, and it passed unanimously.
2. SUBDIVISIONS
1. Amended Plat, Lot 2 and Portion of Lot 3, Rock Ridge Estates,
Applicant: Scott Pope. Chris Kuglics from Estes Park Surveyors was
present representing the applicant and gave a brief review of the request.
Planner Shirk reviewed the staff report. The site is currently platted as Lot 2
and the North 50 feet of Lot 3. The applicant proposes to combine the two
parcels into a single lot of record. Staff recommends approval.
It was moved and seconded (Kitchen/Amos) to recommend approval to
the Town Board of Amended Plat, Lot 2 and a portion of Lot 3, Rock
Ridge Estates, and it passed unanimously.
2. Amended Plat, Lots 4 and 5, High Drive Heights, Applicant: Doug
Campbell. Chris Kuglics from Estes Park Surveyors was present
representing the applicant and gave a brief review of the request. Planner
Shirk reviewed the staff report. The applicant proposes to combine the two
parcels into a single lot of record. All comments made in Town Attorney
White’s memo have been addressed and will appear on the plat before going
on the agenda for County Commissioners. The utility easement will not be
vacated per Bill Linnane’s memo. Staff recommends approval.
It was moved and seconded (Amos/McKinney) to recommend approval to
the Board of County Commissioners of Amended Plat, Lots 4 and 5,
High Drive Heights, and it passed unanimously.
3. Amended Plat, Lots 4 and 5, Elk Hollow Subdivision, Applicant: Richard
DeLong. Chris Kuglics from Estes Park Sun/eyors was present representing
the applicant and gave a brief review of the request. Senior Planner Joseph
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - June 20, 2000 Page 2
reviewed the staff report. The applicant proposes to combine the two parcels
into a single lot of record. Public Works approves the utility easement
vacation. The Dedication Statement shall be revised per Greg White’s memo
dated May 30,2000. Staff recommends approval.
It was moved and seconded (McKinney/Amos) to recommend approval to
the Town Board of Amended Plat, Lots 4 and 5, Elk Hollow Subdivision,
and it passed unanimously.
4. Preliminary Plat, Pawnee Meadow Second Filing, Applicant: Pawnee
Meadow, LLC. Chris Kuglics represented the applicants and gave a review of
the request. Senior Planner Joseph gave the staff report and reviewed the
seven items of the staff recommendation. The Final Plat of the Second Filing
of Pawnee Meadow will include Lots 4 and 5 of the First Filing and the 4.8
acres included on this Preliminary Plat. The Second Filing will also provide for
an extension of Pawnee Drive to the west to connect to Cherokee Drive. The
adjacent access easements should be shown on the plat and a recording of a
shared access maintenance agreement is required for the Haines property.
Staff recommendation #7 is dropped as it is covered under revised #4 which
requests only the final disposition of this easement. The first comment in Town
Attorney White’s memo dated May 30,2000 should be deleted.
Public Comments:
Bob Koehler, 2106 Lite Court, adjacent property owner - gave history of his 30
ft. access easement. Would either like to vacate the easement or provide
access to Arapaho Estates from Highway 7. Asked for clarification regarding a
perceived zoning violation on Mr. Miller’s property.
It was moved and seconded (Amos/Pettyjohn) to recommend approval to
the Town Board of Preliminary Plat, Pawnee Meadow Second Filing, with
the following conditions, and it passed unanimously.
1. The cul-de-sac street access requires a through street connection to the
west on Pawnee Drive in order to comply with the applicable cul-de-sac
standards. This shall be made a condition of a Final Plat approval. The
through street connection shall either be constructed or guaranteed
prior to Final Plat approval.
2. ISO Calculations must be provided for review prior to Town Board
review of this Preliminary Plat
3. The existing utilities serving the residence on Lot 2 that cross Lot 3
should be vacated. These service lines shall be relocated into sideline
easements as noted on the Preliminary Plat sheet. This shall be shown
on the Preliminary Plat.
4. One or more adjacent access easements cross the subject property:
also the subject property has a right of access across the property
adjacent to the East. These easements shall be noted with complete
legal descriptions and reception numbers. The final disposition of the
easements shall be addressed prior to Town Board review of this
Preliminary Plat. Any easements or portions of easements to be
vacated must be vacated with this plat or by a separate recorded
document prior to Final Plat approval. Any existing roadway to be
abandoned shall be reclaimed and revegetated at the developer’s
expense.
5. A portion of the existing access easement serving the adjacent Haines
property Is to be retained. This will require preparation and recording of
a shared access maintenance agreement. A draft of this agreement
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - June 20, 2000 Page 3
shall be provided prior to Final Plat approval.
6. The note on the Plat shall be revised to read: ‘The cul-de-sac,
extension of Pawnee Drive and division of neighboring property
requires an additional review and approval by the Town.”
5. Preliminary Plat, Mary’s Lake Subdivision of Mary’s lake Lodge Addition,
Frank Theis, James Tawney, Joan Van Horn. Bill Van Horn of Van Horn
Engineering was present representing the applicants. Senior Planner Joseph
reviewed the staff report. At this time, the only proposed use is the existing
Mary’s Lake Lodge, which is being remodeled, with the remainder of the
subdivision to remain vacant. Future land uses will be submitted for review
separately. The proposed subdivision is of irregular shape and contains five
(5) developable lots and one proposed wetlands outlet. A portion of the
wetlands may be mitigated on site and relocated per attached map (Figure #1).
Drainage for Lots 2 through 5 is to flow into the proposed wetlands outlet, with
Lot 1 having its own drainage patterns to be determined at the time of
development. Kiowa Drive will form a loop road through the subdivision, with
street improvements triggered by development patterns, as set forth in the
Annexation Agreement.
Mr. Van Horn made clarifications regarding the Annexation Agreement and
wetland location. He also asked that they be able to work with the utilities in
determining the utility easement width. The Commission directed Mr. Van
Horn to improve the vicinity map and also the labeling on the plat. Perimeter
crosshatch was also missing from the plat. Commissioners made note that
future development would create additional traffic along Mary’s Lake Road and
future mitigation should be considered. Traffic impact studies will be required
for the individual future development plans for these lots.
It was moved and seconded (Amos/Pettyjohn) to recommend approval to
the Town Board of Preliminary Plat, Mary’s Lake Subdivision of Mary’s
Lake Lodge Addition, with the following conditions, and it passed
unanimously.
1. Full compliance with the Annexation Agreement between the applicants
and the Town of Estes Park entered into on the 23rd day of May, 2000.
2. Prior to placement on Town Board Agenda, submittal of a Revised
Preliminary Plat containing the following notes:
a) The property shall be included in the Northern Colorado Water
Conservancy District.
b) All lots shall be used to convey developed on-site and off-site
drainage and drainage maintenance is not the responsibility of the
Town.
c) All developed storm flows from Lots 2 through 5 shall be directed
to the proposed wetlands detention outlot in Lot 2. Lot 1 will be
required to provide a separate detention facility.
d) All lots accept undetained, developed point discharge storm water
from adjacent sites at locations as yet to be determined.
e) Direct access from Mary’s Lake Road shall be restricted. All lots
shall receive access from Kiowa Drive only.
f) The density from the wetlands outlot shall be transferred to Lot 2
for its future development. Future density calculations for Lot 2
shall include the land area within the wetlands outlot being divided
out of Lot 2 with this plat.
g) Modify current Note 5 to read “the shape and size of this outlot may
be reconfigured upon further review, with no reduction of the area.”
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - June 20, 2000 Page 4
3.
4.
5.
6.
Compliance with the following requests from the Town of Estes Park Public
Works Department:
a) Label Kiowa Court and roadway stationing on the plat.
b) The proposed roadway slopes shall be shown and shall not exceed
11%.
c) Curb is required on both sides of the roadway. This will reduce the
cut and erosion impact. A typical road section with three-foot
shoulders should be provided. A roadway fill slope of 3:1 should
be provided unless a side slope analysis can justify a steeper
slope.
d) A geotech fabric or similar type of engineered slope stabilization
and revegetation should be provided for the roadway fill slopes.
e) Utility easements shall be a minimum of 20 feet in width.
The Town will not maintain the proposed roadway until the entire road loop
from Kiowa Ridge to the south intersection of Mary’s Lake Road is
constructed.
Zoning will follow the lot lines.
Applicant shall make application to the Northern Colorado Water
Conservancy District prior to being placed on the Town Board agenda.
Chair Pohl called a recess at 3:08 p.m. to reconvene at 3:20 p.m.
Commissioner Amos proposed that a time limit of 5 p.m. be set for future meetings. Staff
will prepare a proposal.
6. Amended Plat, Lots 42,43 & 46, Fall River Addition, Applicant: Charles
Franklin Mix, Jr. Trust; Alma & C. Frank Mix, Jr. Bill Van Horn of Van Horn
Engineering represented the applicants. Senior Planner Joseph reviewed the
staff report with the use of a PowerPoint presentation which visually illustrated
the boundary line adjustment. Required mitigation for a geologic hazard area
located in Lot 3 would require additional study and clarification and would need
to be recorded with the plat. A wildfire mitigation plan should be determined
prior to a building permit for the building envelope on Lot 3.
Due to a perceived possibility of a conflict of interest, Commissioner Kitchen
abstained from a discussion on this submittal.
Senior Planner Joseph reviewed staff recommendations and clarified a
comment from Bill Linnane’s memo dated May 22,2000. In the first item, the
limit on further development applies only to development accessed from the
private driveway off Big Horn Drive. Staff answered questions by the
commission regarding the boundary line adjustment provision of the Code,
staff’s recommendation regarding the requirements for wildfire mitigation and
geologic hazard mitigation requirements. Staff recommends additional
geologic consulting recommendations need to be obtained prior to Town Board
action for the geologic hazard mitigation.
Bill Van Horn discussed the geologic hazard and wildfire mitigation
requirements. He noted the historical use of the driveway as access to Lot 3.
He advised that there could be a substantial house built on Lot 3 without any
further blasting. He advised the property to the north was not included in this
plat since it was not part of this boundary line adjustment.
Public Comments:
John Phipps, 585 Wonden^iew - spoke in opposition to the request and gave
an overview of the presentation from the adjacent property owners.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - June 20,2000 Page 5
Ann Racine, 461 Big Horn Drive - spoke in opposition to the request,
specifically addressing the problems of the private driveway.
Larry Jones, 535 West Wonden/iew - spoke in opposition to the request,
specifically regarding the steep driveway grades from the Wonden/iew access.
Barbara Widrig, Lot 41B co-owner - spoke in opposition to the request,
specifically addressing the utility distribution.
Connie Phipps, 585 Wondervlew - spoke in opposition to the request,
specifically addressing ridgeline protection and wildfire hazard.
Commissioner Kitchen left the meeting at 5:15 p.m.
Gary Brown, 415 West Wonderview - spoke in opposition to the request,
specifically regarding geologic hazard.
Don Widrig, co-owner of Lot 41B, 505 Big Horn Drive - spoke in opposition to
the request, specifically regarding lot configuration and overall review of
perceived violations. A copy of the slide presentation is on file.
Judy Lamy, Rock Ridge Road - spoke in appreciation for the code that it
requires geologic hazard review to allow for more informed decisions.
Chair Pohl asked for any other comments from the public and there was none.
Town Attorney White also commented that time was needed for staff review of
the issues that had been raised.
It was moved and seconded (Amos/McKinney) to continue Amended Plat,
Lots 42, 43 and 46, Fall River Addition, to the July 18, 2000 meeting to
allow for rebuttal by the applicant and a possible response by the
public, and it passed unanimously with one absent.
3. EVDC MODIFICATIONS
It was moved and seconded (Amos/McKinney) to continue the discussion on
Code Modifications to the July 18,2000 meeting, and it passed unanimously
with one absent.
4. REPORTS
There were no other reports.
There being no further business. Chair Pohl adjourned the meeting at 5:55 p.m.
Edward B. Pohl, Chair
'7ntAli^U. ___
Meribeth Wheatley, Recording Si^retaiy
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BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
May 16,2000,1:30 p.m.
Board Room (Room 130), Estes Park Municipal Building
Commission:
Attending:
Also Attending:
Absent:
Chair Edward Pohl, Commissioners Wendell Amos, Joyce Kitchen,
Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio
Chair Pohl, Commissioners Amos, Kitchen, McKinney, Pettyjohn
and Taddonio
Director Stamey, Town Attorney White, Larimer County Chief
Planner Russ Legg, Senior Planner Joseph, Planner Shirk, and
Recording Secretary Wheatley
None
Chair Pohl called the meeting to order at 1:30 p.m. and noted six commissioners
were present with one commissioner seat vacant.
1. MINUTES of the April 18,2000 meeting were approved as presented.
2. DEVELOPMENT PLAN
Development Plan 00-06, Location & Extent Review, Fall River Hydroelectric
Plant Renovation, Applicant: Town of Estes Park. Mike Mangelsen of the
Town Light & Power Department was present representing the applicant. Senior
Planner Joseph reviewed the staff report. This is a location & extent review for a
public facility. This is an historic renovation of the hydro plant for a museum use.
One of the two accessory buildings is to be used for restrooms/oiientation/storage
space and the one north of the plant is to be used for Town employee housing.
The restoration is generally consistent with the goals and objectives of the
Comprehensive Plan. Site disturbance, as it applies to the Code, will be minimal.
Portions of the old drives and paths will be revegetated. Posts and footings will
be used to support the comer of the building that extends into the river channel
which will prevent further erosion. Parking will be located down the existing
driveway to the east. The roadway will be not be paved at this time but the road
will be maintained for the low volume of traffic that is expected. Exterior security
lighting will be shielded. Staff recommended approval with conditions.
Mike Mangelsen commented on the history of the project and answered the
Planning Commissioners questions. There has been a two-year process in
procuring a grant from the State Historical Society to do the renovation. There is
not a planned approach to removing the noxious weeds from the area. The
access road (Fish Hatchery Road) can be accessed from two locations off
Highway 34. The Sheriff’s Department has this site on their scheduled routes for
security checks.
Public Comment:
Larry Gamble, Rocky Mountain National Park - represented the Park and spoke in
favor of the project. The Town has abandoned the water right to divert water that
was mentioned in the letter from RMNP.
Director Stamey reviewed the comments received from the agencies. Betty
Kilsdonk, Museum Director, reviewed some of the history of the power plant. It is
listed on the State Historical Registry.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - May 16, 2000 Page 2
It was moved and seconded (McKinney/Amos) that Development Plan 00-06,
Location & Extent Review, Fall River Hydroelectric Plant Renovation, be
approved with the following conditions, and it passed unanimously.
1. The vested rights statement and related signature blocks should be added
to the Development Plan sheet.
2. The proposed employee-housing cottage should have one parking space
located next to it.
3. A flood plain development permit should be obtained prior to working in the
river channel.
4. Any outside trash storage should be secured against bears.
5. The Owner should be responsible for erosion control as required to prevent
the discharges of erosion of soil or fill material into the river.
6. Mitigation study and removal of noxious weeds should be included in those
areas where revegetation is planned.
Chair Pohl welcomed David Shirk as the new Planner II to the Planning Staff.
3. EVDC MODIFICATIONS
Chair Pohl opened the Public Hearing regarding the EVDC modifications at 2:00
p.m. Director Stamey reviewed the modifications and noted that some would be
continued to next month.
1. Vacation Rentals - Table 5-1 will be corrected to reflect the adopted intent
of the Boards. Action recommended.
2. Junk violations enforcement should be added to the Code. The County
regulation is included in their Code, but they have just revised their
regulations and definition. After a review of the County revision, a
proposed change will be recommended. Continue.
3. The legal lot definition will also be revised. Continue.
4. Outdoor storage and sales activities are explained in more detail in Section
7.13 and in Definitions Section 13.2 (33.5). Also a line item of “Outdoor
Sales” should be added to Table 4-4. Action recommended.
5. Accessory Buildings should be further reviewed and additional information
will be presented. Recent inquiries have revealed the need for clarification
in the Code. Continue.
6. A proposed Add-On Agreement provision will be submitted. Continue.
Public Comment;
Judy Lamy - requested a copy of the proposed changes.
A corrected copy of Table 5-1 was reviewed. The correction is necessary to
coincide with the approved regulation to allow short-term rentals in the County
portion of the Planning Area. Copy attached.
It was moved and seconded (Amos/Kitchen) to recommend to the Boards the
correction of Table 5-1 (Vacation Rentals) and it passed unanimously.
The Commission reviewed a proposed change regarding outdoor sales, prepared
by Town Attorney White. Copy attached. Director Stamey summarized the need
for clarification in dealing with outdoor sales. The current Code covers outdoor
sales only as an accessory use or a temporary use. To deal with outdoor sales as
a primary use. Table 4-4 needs to be modified adding outdoor sales as a primary
use; Section 7.13 needs additional language; and the definition of “outdoorsales”
needs to be added to Chapter 13. The Commissioners requested that outdoor
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - May 16, 2000 Page 3
sales should be permitted in C-0 district only by Special Review.
Public Comment:
Larry Gamble - commented on the need for parking.
Town Attorney White noted that the definition of outdoor sales needs to include
“any sales under a permanent canopy.”
Commissioner Amos requested that staff complete their reports prior to making
their presentation to the Commission.
There being no further public comments, Chair Pohl closed the public hearing.
It was moved and seconded (Amos/Pettyjohn) to recommend to the Boards
the revisions to Table 4-4, Section 7.13 and Chapter 13 regarding Outdoor
Sales and it passed unanimously.
Junk Enforcement - Chief Planner Legg updated the Commission on the
changes adopted by the Board of County Commissioners the previous evening
regarding junk regulations.
Add-On Agreement and Boundary Line Adjustment - Paul Kochevar from
Estes Park Surveyors spoke in favor of the Add-On Agreement provision which is
currently in use by the County. The current Code could be simplified by using the
County procedures. County does not allow this procedure in a recorded
subdivision and only applies to metes and bounds properties. Staff will provide
appropriate language for consideration to add this provision to the Code.
Modifications to the current Boundary Line Adjustment process may also be
recommended.
Accessory Buildings - Senior Planner Joseph reported on staff research thus
far. The old Town Code limited garage space to a 3-car garage. The new Code
limits total garage space to 1,000 square feet. Staff suggests revising this
provision to consider a combined total of square footage In relation to the size of
the lot or size of the structure. Detached accessory living quarters are not
included in this discussion. Some other Codes in the area are as follows: A) Fort
Collins sets a total of 2,500 square feet. B) Jefferson County sets 1,000 square
feet for garages only like the current Code. C) Steamboat Springs sets limits to
10% of the floor area of the principal use or structure (excluding garage space).
D) Larimer County uses a percentage of coverage. Town Attorney White urged
the Commissioners to focus on the size and not the use. Use limitations would be
difficult to interpret. Commissioners suggested limiting the smaller lot zonings to a
percentage of the dwelling and the larger lot zonings to a percentage of lot sizes.
Staff will prepare a formal proposal.
Commissioner Amos left the meeting at 2:40 p.m.
3.REPORTS
There were no other reports.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Valley Planning Commission - May 16, 2000 Page 4
There being no further business, Chair Pohl adjourned the meeting at 2:50 p.m.
Edward Pohl, Chair
Meribeth Wheatley, Recording ^ciecretary