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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2003-09-16RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 16, 2003,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Attending: Also Attending: Absent: Chair Wendell Amos, Commissioners George Hix, Richard Homeier, Bill Horton, Joyce Kitchen, Edward Pohl, and One Vacancy Chair Amos, Commissioners Hix, Homeier, Horton, Kitchen, and Pohl Town Attorney White, Director Joseph, Planner Shirk, Planner Chllcott, and Recording Secretary Williamson Town Board Liaison Habecker and One Vacancy Chair Amos called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated August 19, 2003. It was moved and seconded (Horton/Pohl) that the Consent Agenda be accepted and it passed unanimously with one vacancy. 2. PUBLIC COMMENT None. 3. BOUNDARY LINE ADJUSTMENT, PRELIMINARY AND FINAL SUBIDIVISION, COYOTE SUBDIVISION, PORTIONS OF SECTION 8, T5N, R72W, East Side of Devil's Gulch Road near intersection of McGraw Ranch Road and Devil's Gulch Road, Applicant: Carol Bissell Planner Shirk reviewed the staff report. This is a request for a boundary line adjustment to realign four existing parcels and a preliminary plat for a potential open space subdivision. This preliminary plat would be valid for one year from approval of the Board of County Commissioners. The proposed preliminary plat would preclude development from several areas deemed important in terms of the Estes Valley Development Code, including wetlands, a stream corridor, steep slopes, forestation, and a ridgeline. The applicant is requesting variances to maximum cul-de-sac length, paving, and sanitary sewer requirements. The Larimer County Board of County Commissioners must grant the variances. Staff recommends waiving the cul-de-sac length standard, maintaining the sanitary sewer standard and maintaining the paving standard for the proposed open space development. The applicant is requesting a density bonus for the preliminary plat to allow a fifth 2.5 acre lot, which must be approved by the Board of County Commissioners. The open space subdivision would deed restrict a 30 acre open space outlet. The North End Property Owners Association has submitted a letter in opposition to this proposal. Several nearby residents have phoned or met with staff in the office. None were in favor, though not all were opposed. Planner Shirk stated the boundary line adjustment will not be acted on today because a legal notice was not published. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the applicant would like to have wildlife friendly perimeter fencing. She presented a drawing which illustrated the proposed subdivision density is in keeping with the character of the surrounding neighborhood. She stated without the clustering, the applicant would be forced to create a lot on the ridge and build a long road through the property. Bill Van Horn of Van Horn Engineering was present to represent the applicant. He addressed the conditions of approval. He feels it is not necessary to include a pumping station and tank as requested by Public Works. He stated a pump and tank already exist 200 from the proposed subdivision; therefore there is no need to RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 September 16, 2003 duplicate current facilities. Mr. Van Horn questioned whether the level of service on Eagle Rock Road would warrant paving. He also questioned who would maintain the road once it was paved, in order to meet the sanitation requirements, a major sewer main extension will need to be added. He stated this service line will only have 5 users and will be expensive for the public to maintain in the future. Commissioner Horton asked who would be responsible for the maintenance of the road if it were paved. Mr. Van Horn stated he did not know; however if and when a maintenance agreement was created the new lots would pay their share to maintain Eagle Rock Drive. Chair Amos questioned if the applicant was still persuing the wells. Mr. Van Horn stated the applicant currently has 4 well permits that can be drilled anytime in the next 3 years. The boundary line adjustment does not affect the legality of the wells. Public Comment: Jack Overly, 133 Little Beaver Drive, spoke in opposition of the preliminary plat. He stated the North End wants to maintain the 10 acres minimum and is not in favor of cluster housing. He is also not in favor of allowing perimeter fencing or any lighting of the roadway. Director Joseph stated in a cluster subdivision the open space created is permanent. He advised that land in the RE-1 zoning district could be subdivided without clustering: however 30 percent of the land would still be set aside as open space. This would yield a net density of 1 home for every 10 acres, and the lot size would be 7 acres. In a cluster subdivision 70 percent of the land is set aside as permanent private open space maintained by the private land owner. This would also yield a net density of 1 home per 10 acres with a potential minimum lot size of 2.5 acre^ The cluster subdivision is a discretionary subdivision with a potential bonus of 20 percent, which is ultimately decided by the Board of County Commissioners. Don Widrig 2661 Eagle Rock Drive, spoke in favor of the boundary line adjustment and spoke in opposition of the preliminary plat. He feels that a cluster development in the North End violates the Comprehensive Plan. The proposed subdivision would also increase the traffic on Eagle Rock Drive that would impact his quality of life. Betty Hull, 1723 Stonegate Drive, Secretary of the North End Property Owners Association, spoke in opposition of the preliminary plat. She read letters from the applicant, in her role as the president of North End Property Owners Association in opposition to additional development or subdivision in the North End. Phil Edwards, 1882 Devils Gulch Road, President of the North End Property Owners Association (NEPOA), spoke in opposition of the preliminary plat. He state^ feels this proposal could set a precedent for the potential carving up of the North End into small lots. He quoted from a letter NEPOA wrote to Dave Shirk on August 13, 2003. He stated the cluster development creates a density that is not appropriate for the North End. Commissioner Pohi questioned how many property ownersthe End acres Mr. Edwards stated there are many lots less than 10 acres. A asked what the average iot size is for Eagle Rock Ranches. Mr Edwards stated the lots average 6 acres per lot and Beaver View Estates averages 4.3 acres. Andv Johnson 2435 Eagle Rock Drive, spoke in opposition of the preliminary plat. He stated r^Sk of the Laller lots were created before the 10 acre zoning was oassed bv the County in 1996. He is in favor of 1 home per 10 acres and opposes fhe duster dev^n^nt. He stated the mad should be paved if the proposa its aooroved He also stated concerns with the applicant’s requested vanance to the sewer standards. He feels there could be issues with septic systems contaminating nearby wells. He does not object to the boundary line adjustment. RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 September 16, 2003 Ronald Kane, 3000 Puma Drive, spoke in support of the preliminary plat. He stated leaving the meadow in front of Coyote Ridge as open space would help maintain the visual integrity and accordingly would be beneficial for the elk, the North End and the entire Estes Valley. He would encourage the Commission to uphold the code. Jerry Thorson-Boudreaux, 1726 Devil Gulch Road, spoke in opposition of the preliminary plat. He is opposed to the cluster housing concept. If approved he would like the sewer and paving requirements upheld. Bud Hampton, 1575 Devils Gulch Road, spoke in opposition of the preliminary plat. If the Planning Commission recommends approval, he would recommend the approval be contingent on an agreement being reached between the open space landowner and the Estes Valley Land Trust for the maintenance of the open space in perpetuity. This proposal of 5 residences on 12.5 acres is the obviation of the property rights of the many in the North End that do, have, and will rely on the 10 acre zoning to protect the integrity of the natural environment of the North End and their own individual rights and expectations. Jerry Brownlee, 2420 Hondius Way, spoke in opposition of the preliminary plat. He does not feel it is appropriate to have 2.5 acre lots placed up against two current subdivisions with substantially larger lots. He stated if the proposal is approved, the requested waivers to the subdivision regulations should be denied. John Elder, 3040 H Bar G Road, spoke in opposition of the preliminary plat, feels the 10 acre zoning is a benefit for the whole Estes Valley. He Terry Parent!, 2145 McGraw Ranch Road, spoke in opposition of the preliminary plat. He feels the 10 acre minimum should be maintained. Amy Plummer stated that in regards to density, this subdivision proposes 8.8 acres per family unit. Clustering the home sites will minimize the impact on the land. She feels the clustering of the lots and homes tucked up into the trees, fits in with the character of the neighborhood. Bill Van Horn stated distances between the homes that exist now in the sumounding neighborhood and the proposed home sites are not significantly different. He stated that clustering is not in violation or contrary to the master plan, which encourages open space. He stated historically the North End has been zoned with 2.5 acres as the largest lot size and therefore, the 2.5 acre minimum is not out of character for the North End. He advised that when open space is dedicated on a plat it is deed restricted. The intent is to place a conservation easement on the property. Chair Amos called for a recess at 3:50 p.m. Commissioner Kitchen stated the code is written with a potenfial bonus to encourage a property owner to cluster the development. She feels the applicant has the right to develop the land to the full extent. She also stated that septic systems are safe. Commissioner Hix stated we have a iegal obiigation to appiy the code if the proposal meets the requirements. He does not feel that 4 or 5 houses at the end of a dirt road will create a significant amount of traffic. Commissioner Homeier understands the concerns of the North End Pr0P®rty ov^n®';f regarding the sewer and road requirements. He stated this proposal does not change the density of the area and it preserves a large open space. He feels the road should be paved. Commissioner Horton does not feel that 5 additional homes will have a significant impact on the road. He stated a paved road does not fit in with his concept of country living. He also feels that the applicant should have the option of septic. RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 September 16,2003 It was moved and seconded (Horton/Hix) to recommend approval to the Board of County Commissioners of the Preliminary Plat, Coyote Subdivision, Portions Of Section 8, T5N, R72W, East Side Of Devil's Gulch Road Near Intersection Of Mcgraw Ranch Road And Devil's Gulch Road and it passed unanimously with one vacancy. 1. Compliance with applicable standards of the Estes Valley Development Code. ...2. The developer shall hire a professional forester, to work in cooperation with the Wildfire Safety Specialist, to create a forest management plan for the entire subdivision. .iUxu i 3. A driveway maintenance agreement shall be recorded with the final plat. 4. Access easements shall be labeled as private. ^ +I + 5. A utility easement bridging the open space proposal across proposed Outlet B to Lot 4 shall be provided. 6. Outlet A shall include label “Non-buildable”. 7. Compliance with Town Attorney White’s memo dated July 28, 2003. 8. Compliance with Public Works memo dated July 22, 2003. 9. The future east lot cluster shall be required to join any existing or future road maintenance association or improvement district that may be formed within the Eagle Rock Ranches, at a proportional rate. 10. Perimeter lot fencing shall be prohibited. 11. Only native landscaping shall be allowed. 12. AII garbage containers shall be bear proof. 13. The Estes Park Volunteer Fire Department has requested an intermediate pullout area along Eagle Rock Drive. The location shall be determined with final platting of the proposed open space subdivision. B , ,, . 14. The applicant has submitted ISO fire flow calculations that indicate the need for one fire hydrant placed along the curve of the proposed extension of Eagle Rock Drive. This shall be installed prior to the issuance of building permits for the proposed open space development. 15. Lots 5-9 of the preliminary plat shall be amended to further restrict 16. A disclosure notice including the requirements for this development shall be recorded with the final plat. _17. An improvement guarantee shall be submitted for recording with the final plat. This shall include provision of adequate public facilities. 18. Conditional to the approval of the boundary line adjustment. It was moved and seconded (Pohl/Hix) to recommend ^enLa'°f *1’® waivers for the sewer and road standards and it failed. Those voting Yes Mix, Homeier, and Pohl. Those voting “no” Kitchen, Horton, and Amos, 4. ESTES VALLEY DEVELOPMENT CODE It was moved and seconded (Hix/Horton) to continue the public hearing to the next meeting and it passed unanimously with one vacancy. 5. REPORTS None. There being no further business, meeting was adjourned at 4:25 p.m. Wendell Amos, Chair J^quelyn Williamson, Recording Secretary