Loading...
HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2001-12-18BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission December 18,2001,1:30 p.m. Board Room (Room 130), Estes Park Municipai Buiiding Commission: Attending: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Vice Chair Pettyjohn, Commissioners Hampton, McKinney, Pohl, and Taddonio Also Attending: Town Board Liaison Habecker, Town Attorney White, Director Joseph, Planner Shirk, and Recording Secretary Wheatley Absent:Commissioners Amos and Kitchen Vice Chair Pettyjohn called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated November 15 & 20, 2001. b. PRELIMINARY CONDO MAP. BLACK CANYON INN. Applicant: James Sloan, - withdrawn for additional revisions to be resubmitted at a later date. c. DEVELOPMENT PLANS 01-17 AND 01-18. DRY GULCH VILLAGE, LOTS 3 & 4, GOOD SAMARITAN SUBDIVISION. Applicant: Estes Park Housing Authority - continued to the January 15, 2002 meeting at the request of the applicant. d. BOUNDARY LINE ADJUSTMENT. LOTS 2 & 3. TENBROOK SUBDIVISION. Applicant: Stephen Paul Chamberlain - continued to the January 15,2002 meeting. e. SUNSET RIDGE PRELIMINARY CONDO MAP. PORTION OF SECTION 25, T5N, R73W. Applicant: Roy & Michele Johnson - Condominiumization of eight dwelling units in four buildings. It was moved and seconded (Pohl/McKinney) that the Consent Agenda be accepted and it passed unanimously with two absent. 2. PUBLIC COMMENT None. 3. PRELIMINARY CONDO MAP. CREEKSIDE SUITES. LOT 1. BLOCK 4. FALL RIVER ESTATES. Applicant: Randy Collins. Director Joseph reviewed the staff report. This is a preliminary condominium map application to condominiumize Creekside Suites. Creekside Suites, Ltd, currently owns the property. Condominiumizing the property will transfer ownership of the land, structural components of the buildings, and all other common elements listed in the Declaration to the Creekside Suites Condominium-Owners Association, Inc., a Colorado Nonprofit Corporation. Ownership of the 23 existing units will be transferred to purchasers of the individual units. The Declarant has chosen to restrict use of each unit to accommodations use. The property is zoned “A” Accommodations/Highway Corridor and existing development was approved by the Planning Commission on February 17,1998, Development Plan 97-13. The property is conforming as to the density and dimensional standards set forth in EVDC Table 4-5. Comments from the reviewing agencies have been incorporated into the staff recommendations. Paul Kochevar of Estes Park Surveyors was present representing the applicant. The applicant does not have any problems with the staff recommendations. In responding to questions from the Commissioners, Mr. Kochevar was not certain about the identification of several storage areas identified as portions of Unit 23. Discussion was tabled to give Mr. Kochevar the opportunity to speak with the applicant by phone. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 18,2001 Page 2 Vice Chair Pettyjohn reopened discussion at the end of the meeting to conclude with the following: Paul Kochevar had contacted Randy Collins who advised that the Unit 23 storage sites were Limited Common Elements (LCE) and would be conveyed with the office. Mr. Kochevar suggested that the office should be designated as Unit 24 and the clubhouse as Unit 23. It should be identified in the Deciaration that Unit 23 is not to be separated from the condo association. The applicant also advised that the sewer easement was replatted by Upper Thompson Sanitation District and was relocated to the lot to the north and extends to this lot. Public Comment: None. It was moved and seconded (McKinney/Hampton) to recommend approval to the Town Board of Trustees of the Preliminary Condo Map of Creekside Suites with the following conditions, and it passed unanimously with two absent. 1. If there is a recorded easement for the sewer main running north/south through the property, the condominium map shall show this easement. If there is not a recorded easement, a utiiity easement shall be dedicated with this plat. 2. A 20-foot public trail/sidewalk easement paralleling the property line along Fall River Road/us 34 shall be dedicated with this plat. 3. A description of the proposed lighting fixtures shall be submitted for staff review and approval and lighting fixtures that meet the Code requirements shall be installed. The map title shall include reference to Units 1 through 23. The ciubhouse and the office shall be identified separately on the condo map. The storage areas shall be designated as LCE of the office. Declaration shall include that the clubhouse is an accessory use not to be conveyed separately from the other condominium units. The clubhouse is to be used only as part of the condominium development. The applicant shall submit a certificate by an attorney, duly licensed to practice law in the State, certifying that the Creekside Suites Condominiums-Owners Association, Inc. complies with the Colorado Common Interest Ownership Act (§38-33.3-101 et seq. C.R.S.). A copy of the recorded declaration shall be submitted to the Town within thirty days of final plat approval. This condition cannot be met until Town Board approval of the final condominium map. Unless otherwise noted, all conditions shall be met by January 2,2002 to be placed on the January 8, 2002 Town Board agenda. 4. 5. 6. 8 4. BROWN MINOR SUBDIVISION. LOT 8A OF AMENDED PLAT OF A PORTION OF LOTS 7 & 8. SUMMERVILLA ADDITION. Applicant: EPCO, Inc. Planner Shirk reviewed the Staff report. This is an application by Estes Park Company, Inc., (Dennis Brown) for a minor subdivision to divide one lot into two lots pursuant to Section 10.1 ,B.2 of the Estes Valiey Development Code. The property is zoned E-1 Estate, with a one acre minimum lot size and 100 foot minimum lot width. The two proposed lots meet these minimum lot standards. Staff recommends that the owners of Lots 1 and 2 share the existing driveway entrance. Staff recommends placing the existing trees outside the limits of disturbance as shown in the Staff report. The site is located within a mapped geologic hazard area (alluvial fan). As such, an engineered foundation accounting for soil type should be required with building permit applications. The site is within a mapped deer habitat area. As such, this proposal shall comply with wildlife mitigation as set forth in the Estes Valley Development Code, specifically by removing the existing wire fencing prior to issuance of a building permit. Public Works Staff commented that the Town limits shown on the piat need to be clarified and a 15-foot wide drainage easement should be dedicated along the east property line to ailow for historic drainage from Prospect Park Drive. Light & Power noted that the easements for the existing overhead power lines need to be shown, or those lines will need to be relocated at the property owner’s expense. Reference was made to the letter received from the Prospect Park Homeowners Association regarding additional BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 18, 2001 Page 3 right of way, road maintenance and a sidewalk. Staff recommends the applicant participate in the Prospect Park Homeowners Association and pay dues accordingly. It is Staff’s opinion the proposal to add a single residential lot does not warrant the construction of a sidewalk. However, Staff does recommend the dedication of a 10-foot wide pedestrian access easement along the east property line. Community Development Staff has discussed the right-of-way with Town of Estes Park Public Works and suggests a 10-foot reserved right-of-way along the east property line. Kerry Prochaska of Cornerstone Engineering was present representing the applicant. After reviewing the staff report and recommendations, they had the following comments. Change the required 20-foot wide access easement to a private access easement since it will only be for Lot 1. Since there are rock outcroppings on the property, this precludes this being defined as an alluvial fan geological area; however, the note will be added. Staff agreed to the requests and advised the geological notation would be left as a condition of approval, but need not be noted on the plat. Mr. Prochaska advised that the overhead power lines would be relocated. Public Comment: Paula Steige representing the Homeowners Association asked for clarification of the dedication of additional right-of-way. Staff advised that the 10-foot dedication of right-of-way would be reserved until such time as the adjoining property is annexed and will be included with the road right-of-way annexation at that time. There being no further comments, the public hearing was closed. It was moved and seconded (Pohl/Taddonio) to recommend approval to the Town Board of Trustees of the Brown Minor Subdivision with the following conditions, and it passed unanimously with two absent. 1. Easements for existing overhead power lines shall be dedicated, or the lines shall be moved at property owner’s expense. 2. Recording of a shared maintenance agreement for the driveway. This shall be submitted for recording with the final mylars. 3. Temporary sheds and wire fence shall be removed prior to issuance of building permits. 4. Submittal of an Improvement Guarantee, subject to approval by Public Works. Said Improvement Guarantee shall include removal of fence and temporary sheds, and if no easement for overhead power lines is dedicated, the relocation of said power lines. 5. An engineered foundation accounting for soil type shall be required with building permit applications. 6. Submittal of a revised plat incorporating the following: a. Dedication of a 20-foot wide private access easement across proposed Lot 2 for the existing driveway. b. As per Section 10.5.B, a Limits of Disturbance shall be established as shown in Image 1 of the Staff Report. c. Delineation of the Town limits shall be corrected. d. Dedication of a 15-foot wide drainage easement along the east property line. e. An additional 10 foot of right-of-way along the east property line be reserved for future dedication. This reserved right-of-way dedication area should align with the utility easements and be dedicated as a pedestrian access easement. f. The following note: Lots 1 and 2 shall share the existing driveway entrance, and no new curb cuts shall be allowed. MINOR SUBDIVISION. REPLAT OF LOT 2. PINE VIEW SUBDIVISION. Applicant: David & Brenda Lemke. Director Joseph reviewed the staff report. The property is zoned “RM” Multi-Family Residential, with a 40,000 square foot minimum lot size, a 60-foot minimum lot width for Lot 1A, and a 200-foot minimum lot width for Lot 2A. The two proposed lots meet these BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 18, 2001 Page 4 minimum lot standards. Prior to Planning Commission review, a building permit was approved to begin construction on the site as a single family dwelling unit would be allowed in either case. The purpose of the proposed minor subdivision is to remove the northern acre of Lot 2 from the condominium association. This will create a separate lot for a new duplex. To accomplish this the Lemke’s must subdivide Lot 2 and amend the condominium map recorded in 1999, which condominiumized Lot 2. The Town will not review the revised condominium map for compliance with the EVDC since the map was recorded prior to the adoption of the code. Review will not occur, provided no changes are rnade t0 condominium map and declaration except removal of Lot 2A from the condominium. Staff recommends that the Decision-Making Body waive the access road pavirig requirements. The Lemke’s are building one new unit on Lot 2A (replacing an old uriit that has been removed) and the impact of this new dwelling unit on the adjacent roads will be minimal and insignificant. Approval of this plat includes the waiver of the road Pav'n9 req^!r®71®nt®- Building additional units or significant expansion to existing units on Lot 1A or Lot 2A m y, however, trigger the paving requirement. The applicant should submit a grading P|aa ta Chief Building Official for review and approval to demonstrate compliance with applicable Code provisions. Staff does not recommend dedication of publictrails/sidewalks because the existing right-of-way is wide enough for the provision of public trails/sidewalks. Other concerns were reviewed and included in the staff recommendations for approval. Brenda Lemke advised they had no problem with staff recommendations and the grading permit issue had been resolved. Public Comment: None. dectoSton comply with the Color3^)0.Con[jf"°,J^ if^cOTpteted fn seq. C.R.S.). This includes certifying that the removal ot lot ib compliance with §38-33.3-112. ,™rHpd at the same time the minor 1.«■ T»."« EHESrssM'rrsssririis of-way, streets, future streets. veoetation. fencing, exterior 7- Sdre"-rpnlst;aLCd0dmoPlsV:;ra:marrequiremen,^outlined in §7.8.G o.the 8 Fieldstaklng shall remain in place until the minor subdivision plat is approved or denied 9 Keses“saerdnoted, ail conditions shall be me. by January 2,2002 to be placed on the January 8, 2002 Town Board agenda. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 18, 2001 6. REPORTS None. Page 5 There being no further business, Vice Chair Pettyjohn adjourned the meeting at 2:30 p.m. Cherie Pettyjohn, Vice/Uhair Meribeth Wheatley, Recording Secretary