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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2001-07-17BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission July 17,2001,10:00 a.m. Board Room (Room 130), Estes Park Municipal Building Commission: Attending: Also Attending: Absent: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Chair Kitchen, Commissioners Amos, Hampton, McKinney, Pettyjohn, Pohl, and Taddonio Town Attorney White, Director Joseph, Director Linnane, Planner Shirk, Planner Chilcott and Recording Secretary Wheatley None Chair Kitchen called the meeting to order at 10:00 a.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated June 19, 2001. It was moved and seconded (McKinney/Pettyjohn) that the Consent Agenda be accepted and It passed unanimously. 2 A^Sager ^Member of the Board of Adjustment - posed the question whether murals be allowed in our Town. 3 PPFIIMINARY PLAT. AMn ngVELOPMENT PLAN 01-08, PARK RIVER WESJ. ■ tdaoti; RF&VER POINT FIRST ADDITION, Applicant: Richard H.Wille Trust. Director Joseph made the suggestion that dis^cussion be made on all issues before votlJ9 accommodate the neighbors to the east. number of allowable units would not change, ju 9 rezoning would not restrict rezoning were denied. Mr. Van Horn con irmf'mm lesser A"“he observation that the units along Highway 34 appear to be painted ail the same color. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - July 17, 2001 Page 2 Rich Wille responded to questions regarding color selection and landscaping at Ranch Meadow. Meredith Sloan, adjacent property owner and former family owner of subject property - spoke in favor of the proposal with the request to preserve the trees along the river and elsewhere on the property. She expressed concern about public access along the river. The river walk is part of a connective pathway system with adjacent properties and is a long- stated goal of the community. Bill Van Horn advised that an arborist reviewed the site. The plan has been revised so that the required plantings will be new. Trees will not be transplanted unless staff and an arborist approve the idea. Matt Delich, traffic engineer licensed in the state of Colorado - prepared the Jraffic Study. His analysis concluded that with no connection to the west, the two entrances to this property and the third to the property to the west would operate effecfvely.j There is no significant benefit to having this connection. Cut-through traffic frorn the west 'sconsider a negative impact to the River West property. His recommendation is the connection should not be made. Mr Van Horn advised that CDOT has plans to rebuild the highway and traffic should be channeled where it can be handled. Director Linnane answered Puestlons Dotential of future road development. He reviewed the Public Works policy to adiacent connections In general, the more interconnected highway and roadways the eSer it'is to get around and more benefit to the public. Mr. Delteh r®®P°nd^ht° acoutd * be It was moved and seconded (l^cK.inney/Pe^ohn)^<^rec<OT^end approva^totheTbwn lZdm:LJZTtl RM Residenda|0Multi-Family subiect .0 tbe approva. o. the Development Plan, and it passed unanimously. It was moved (McKinney/) aPPr<JfTgo(frt*>ljhle'qu^tton*^ toawhether theScoSrtlng motion was not seconded or voted upon. It was moved and seconded and McKinney. Those voting no: Pettyjohn. Based on the need fora revised P-«-ina^^,“*®SlndTeS\SS^^ lonZUertoeri?mU« development Plan of Park River West unt.1 the August 21,2001 meeting. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - Juiy 17, 2001 Page 3 The meeting recessed at 12:33 p.m. for lunch. Meeting reconvened at 1:30 p.m. 4. DEVELOPMENT PLAN 01-07. LOT 16. RANCH MEADOW SUBDIVISION, Applicant: Richard H. Wille Trust. Matthew Heiser was present representing the applicant. He reviewed the proposal and answered questions from the Commission. Director Joseph reviewed the staff report. This is the final development plan of the Ranch Meadow Subdivision. The other lots were developed under the prior code. The development plan is an application for a multi-family development consisting of twelve (12) units in three buildings. The proposal meets the setback standards for the RM district. A revised landscaping plan that meets minimum planting requirements has been provided. The proposal will meet exterior lighting standards set forth in Section 7.9 “Exterior Lighting.” Commissioner Amos restated his opposition to the Board of Adjustment ruling regarding the FAR interpretation. It was moved and seconded (McKinney/Pohl) to approve Development Plan 01-07, Lot 16, Ranch Meadow Subdivision with the foiiowing conditions, and it passed. Those voting “yes”: McKinney, Hampton, Pohi, Kitchen, Pettyjohn and Taddonio. Those voting “no”: 1. The building permit applications shall include, in addition to other required information, the following: • Exterior lighting fixtures. • Building model (paintbrush, crystal rose, or sunflower). • Detailed grading plan delineating finished floor elevation and finished grade. , • u .2. Submittal of a Revised Development Plan incorporating the following changes: a. The following notes shall be added to the development plan: • The units located along the north and south property lines will require submittal of a setback certificate prepared by a registered land surveyor. This certificate shall be submitted to the building official at the foundation inspection. . , j- • Owner to maintain the “one-way” and “do not enter” signs, including those within the Raven Circle right-of-way. Signs shall e posted prior to issuance of final certificate of occupancy. b. A curb-cut detail shall be added to the plan, and shall be subject to approval by th© Town EnQinoor. _. ■ ■ *r ^ p\c. Any “one-way” and “do not enter signs shall comply with current M.UT.C.D. 3. All Devdopment Plan revisions shall be subject to Staff level review and approval. Any appeal shall be made to the Planning Commission. 5. AMENDED PLAT, LOT 3, ROCK ACRES SUBDIVISION, Applicant: John E. Ownby, Jr. PaumodlevTwasprefent'to represent the applicants andrevijedtheproposalTO^ an amended plat application to vacate an easement P'a«®^°n|hhee .amended Plat Ares Subdivision of the rock Acres Addition to the Town of Estes Park. The amenoea of Lot 3 Rock Acres Subdivision” vacates this easement. Since the easement was created as oart of the prior plat, the removal of the easement falls under subdivision review pursuant to Section 3 9 of the EVDC. The access easement was originally platted by the Ownby s to p>rw^de°accis from MacGregor Avenue to all three lots in the Rock Acres Sub» because the lake and road crossing the dam had not been constructed. The aPPllcsot's oDDOsed 0 items 1 and 4 of the list of conditions. The applicant does no feel't necessaiy to acquire the Sen consent of the owners of Lots 1 & 2 of Livingston Lake Subdivision and Lo?2, Rock Acres Subdivision, to vacate this public ea=er",e3,n.ff''^^^"rectorJoseph not wish to enter into a road maintenance agreement with Lots 1 and 3. Direc\or J°s®p agreed to delete the first condition regarding the requirement for written consent to vacate BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - July 17, 2001 Page 4 by Lots 1 and 2 of the Livingston Lake Subdivision and Lot 2 of the Rock Acres Subdivision. The owners wish to retain their ability to develop Lot 2 for commercial uses. Based on the potential for increased traffic on the alternate access across the dam, a shared maintenance agreement is warranted. Director Joseph read a letter from the president of the homeowners association to the north. Staff does not recommend that the road across the dam be dedicated to the Town. Staff does agree with the request that a shared maintenance agreement between the three properties be established. Public Comment: Alan Brockway 620 MacGregor Ave, president of Rock Acres I, approved the btatt recommendations. Bill Stokes, 680 MacGregor, Rock Acres I, inquired as to where Lot 3 would have their access. Director Joseph responded that any new access would be reviewed at the time of a development plan for that property. Currently they may use the vacated easement and also the road over the dam. Staff recommends as a condition of approval that use of the road would require a shared maintenance agreement. Mr. Stokes commended staff on their recommendations. it was moved and seconded (Pohl/McKinney) to recommend approval to the Town Board of Trustees of the Amended Plat of Lot 3, Rock Acres Subdivision with the following conditions, and It passed unanimously. 1 Lot 2 of Rock Acres Subdivision shall enter into a road maintenance agreement with Lo and 2 of Livingston Lake Subdivision for the shared access prior to Town Board 2 TheSnSronthef plat shall be revised to state “wetlands and the required wetlands setbacks wilfbe shoronthe plat in accordance with the Estes Valley Development Code prior to 3. 0Pwnefof Lor3dshVa1|l0^^^^^ useof the road over the dam, or shall participate in the shared maintenance agreement. 7. amended PLAT AND REZONING. LOTS 1 AND 2, GRAND ESTATES ADDITION, Anniicant' Horst Marschler (Four Winds Motor Lodge). Matthew Reiser was present representing the applicant and reviewed the request. Director JcSeohrev^e^e^tt^e^staff report. This is an application for an amended plat to move he interior sTde lot line that separates Lots 1 and 2 of Grand Estates Add-on. The appliction also reauests the rezoning of Lot 2-A from Accommodations/Highway Corridor Zoning District luA") to Estate (“E”) The purpose of the amended plat is to adjust the interior side residence without obtaining the required permits, inspections and Certificate of Occupancy. Director Joseph reviewed staff recommendations. Public Comment: None. It was moved and seconded (Amos/McKinney) to recommend approval to the of Trustees of the Amended Plat and RezonIng of Lots 1 and 2, Grand Estates AdditionTlsiiiSgs?s olt?sh"ntwrarrSaB«^^ Department permits, inspections, and Certificate BRAOrORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - July 17, 2001 Page 5 of Occupancy from the Building Department. 2. The amended plat shall dedicate a water easement for the water line on the east side of Lot 2. 3. The applicant shall move the overhead power line or bury the line underground and shall dedicate an easement for electric service on this plat. 4. The gravel drive shall comply with the setback requirements of Section 1.9.D.1 .b.(2) of the Estes Valley Development Code. 5. The Dedication Statement shall be changed to remove any reference to streets as no streets are being dedicated by this Plat and utility easements shall be “dedicated” and not “reserved.” Chair recessed the meeting for five minutes at 2:30 p.m. 8. PRELIMINARY PLAT AND REZONING. HABITAT SUBDIVISION, Applicant: Habitat for Humanity of Estes Vaiiey, Inc. Bill Van Horn was present representing the applicant and reviewed the request. The rezoning is a necessary part of the plan. There is currently no vacant land in the R-1 zoning district. This zoning allows the highest density and fulfills a need for affordable housing. In the vicinity there is a variety of multi-family, two-family and single family developments. Commissioner Amos advised he was on the Board of Directors for Habitat of Humanity, however, he does not have a conflict of interest. Director Joseph suggested reviewing the rezoning request first and voting on it separately. The applicable sections of the EVDC were reviewed. This rezoning request clear y fu fills all of the applicable Comprehensive Plan housing policies. Furthermore, this location is particularly well suited for the proposed R-1 attainable housing lots, 9'ven the surrounding land uses zoning, and lot sizes. This rezoning request is consistent with the Comp Plan goals for providing attainable housing. The Code restrictions for attainable housing were reviewed. Lee Kuntz 343 Ute Lane, on the Habitat Board for 4 years. Habitat for Humanity °f Vaiiey is the oniy organization in Town providing attainabie home ownership. These homes wiii probably beysold for about $95,000, or $88,000 with grants. Their mort^ges wii be interest free7 Appreciation is limited to 3% per year. Owners would not be allowed to rent the units. DaveSmo Graves Avenue - is opposed. Sewage treatment and the narrowness of proposed lot 1 were his concerns. Paul Garrett 1230 Meadow Lane, president of Habitat for Humanity of Estes Vall®y' Their program helps promote stability in the service area of the economy and in their neighborhoods. Jodi Clifton, 1230 Graves Avenue - is concerned with property valuations around the neighborhood. Mike Mangelsen, 1250 Graves Avenue - reviewed his concerns and requested that his Lot 32 also be considered for rezoning. Public hearing for the rezoning was closed. condition, and it passed unanimousiy. 1. Subject to the approval of the Preliminary Plat. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - July 17, 2001 Page 6 Mr. Van Horn reviewed the subdivision proposal. The existing road will be improved but will only be paved on the dedicated portion to the south. The rest will be gravel. Slides of the existing conditions were viewed. A utility easement to the east has not been granted, so a sanitation sewer lift station is being proposed. There will be a required homeowners association that will address the road and sewage lift station maintenance. Matthew Heiser of Van Horn Engineering, and Paul Garrett spoke regarding the financial responsibility of the lift station. There will be covenants addressing trash and other code violations. Habitat would be party to the covenants. Planned housing would be approximately 1,000 square feet, with three bedrooms. Public Comment: u ♦ Dave Clifton - advised that the road had been graded recently but heavy rams wash it out. Mr. Van Horn advised a storm water management plan would improve the situation. Negotiations are still open to obtain sewer access. Jodi Clifton - spoke in opposition. Matthew Heiser and Bill Van Horn responded to questions from me Commission regarding their concern of the placement of a house on Lot 1. Paul Garrett advised they would be willing to work toward a good compromise. Public hearing regarding the preliminary plat was closed. Chair Kitchen suggested adding the condition of placing a building envelope on Lot 1. B'11 V^n Horn advised theywould instead double the setback next to the Clifton s property from 10 to 20 feet. Director Joseph reviewed the staff report relating to the preliminary plat. Director Linnane’s memo dated July 13, 2001, was distributed and reviewed. 1°nA shared^ainfetSic^agreemenrspeoifically *or 'construded rtoS m^n msmra.io^T;^,!" sen/e this development shall be provided If service Is ApprovarSmeLnbd1vi>^oen plates contingent upon the approval for rezoning. An Improvement Guarantee shall be provided^ iniw-io pnni b. Compliance with all points of Director Linnane s m®7°,13’ 2001 ’ 7 A 20-foot setback on Lot 1 property line adjacent to the d'ftons . 8 Town assumes no responsibility for future construction costs for the roadway. 2. 3. 4. 5. 6 BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - July 17, 2001 Page 7 REPORTS The first round of code revisions will be presented at the next Planning Commission, August 21, 2001. The option to begin PC meetings earlier will be at the discretion of the Chair. Staff is currently reviewing TimberCreek Chalets Development Plan. Meeting was adjourned at 4:45 p.m. Meribeth Wheatley, Recording(Secretary