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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2003-11-18RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission November 18, 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, and Pohl Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Town Board Liaison Habecker, Commissioner Kitchen and One Vacancy Chair Amos calied the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Vailey Pianning Commission Minutes dated October 21,2003. b. AMENDED PLAT OF LOTS 20 & 21, EAGLE ROCK RANCHES, 2300 Hondius Way, Appiicant Harry D. Campbeii 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.” 2. A 20 foot wide trail easement should be dedicated along Devil’s Gulch Road. 3. The dedication statement shall be amended to remove references to streets. 4. The reference to “file no.__________” shall be removed from the plat. 5. Ownership information of adjacent lot shall be removed, reducing perimeter cross-hatching to 1/8”, re-label “Outlet A Eagle Rock Ranches” to “Tract A”. 6. The following note shall be placed on the plat: “This plat does not affect the non-conformity of any existing structure.” 7. The 20 foot wide utility easement shall be retained over the former property line. It was moved and seconded (Hix/Homeier) that the Consent Agenda be accepted and it passed unanimously with one absent and one vacancy. 2. PUBLIC COMMENT None. 3. REZONING REQUEST AND PRELIMINARY SUBDIVISION PLAT, MANGELSEN SUBDIVISION, A PORTION OF LOT 32 BONNIE BRAE & LOT 4 HABITAT SUBDIVISION, Halbach Lane Between Community Drive and Graves Avenue, Applicant: Habitat for Humanity of Estes Valley Inc. Planner Chilcott reviewed the staff report. This is a request to rezone proposed Lots 3, 4, and 5 shown on the Mangelsen preliminary subdivision plat from R-2 Two- Family Residential to R-1 Residential. The applicant has also submitted a subdivision application to subdivide a portion of Lot 32, Bonnie Brae Addition from one R-2 zoned lot into five lots, two zoned R-2 and three zoned R-1. This application also adjusts the Lot 4, Habitat Subdivision boundary line to dedicate additional right-of-way. The Comprehensive Plan has identified the Fish Creek/Little Prospect Mountain Planning Area as a possible location for attainable housing and the area near the school campus is specifically mentioned as a suitable location for attainable housing. Since this lot, for which a partial rezoning is requested, is in the Fish Creek/Little Prospect Mountain Planning Area and near the school campus, it is an ideal candidate for rezoning to the R-1 zoning district. The proposed location for this rezoning is consistent with existing growth and development patterns in the RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 November 18, 2003 Estes Valley. On October 9, 2001 the Town Board approved a similar rezoning from “R-2” Two-Family Residential to “R-1” Residential for the Habitat Subdivision, a four lot subdivision which abuts the west side of this property. The Statement of Intent for the Preliminary Plat indicates there will be no open space for the project as required in Section 4.3.D.1 of the EVDC. This will need to be approved by obtaining a variance from the Estes Valley Board of Adjustment. Lots 3 and 4 do not meet the minimum required sixty foot lot width at the setback line. Nor do they meet the minimum thirty foot front lot line width. Staff feels that since a shared driveway is proposed this is sufficient. The applicant has also demonstrated that the proposed buildings can fit on the lots as designed. This plat provides for reduced setbacks internal to the subdivision in some locations. Staff supports approval of these platted setbacks. The applicant has expressed interest in providing a pedestrian easement for the benefit of the property to the north since many children walk to school through this proposed subdivision. The plat provides for reduced easement widths in some locations. Utility providers have not expressed concern about these reduced widths. Matthew Heiser, Vice President of Habitat for Humanity, stated that to date they have built 8 houses in Estes Park and they are the only organization in town providing detached single-family low income housing for ownership. Mr. Heiser advised the suggested pedestrian walkway is intended for children living in the subdivision to cross to Graves Avenue on their way to school. He stated the drainage onto the northern property will be greatly improved with this subdivision. He does not feel this subdivision is out of character for the neighborhood as far as density and believes this subdivision will increase the property values with a newly paved road. Mr. Heiser would request that Planning Commission remove condition #9 regarding the installation of a small section of sidewalk along Community Drive. He feels traffic will flow to the north of the subdivision and the proposed sidewalk would not connect to anything in the future. He stated staff condition #7 has been met. Planner Chilcott acknowledged condition #7 could be removed. Mr. Heiser stated the fence encroaching on proposed Lot 1 should remain due to both lots are currently owned by the same individual. Planner Chilcott stated she spoke with Mr. Mangelsen who did not express a problem with removing the fence from Lot 1 prior to issuance of a building permit for the lot. Commissioner Horton requested the applicant restate the location of the proposed walkway to the north. Mr. Heiser stated the walkway would start at the northern edge of the property and then head east along the northern property line of the subdivision toward the schools. He advised an access easement currently exists between the properties. Habitat is currently under discussion with the northern property owner to amend the access agreement and provide a new pedestrian easement. Planner Chilcott noted the requested sidewalk along Community Drive is a development code requirement which states a sidewalk must be placed on one side of the street. Community Drive was chosen with the hopes the sidewalk would later tie into future sidewalks. Mr. Heiser stated that Habitat would not object if the Town has plans for connecting this sidewalk to the current bike path along the school property. Chairman Amos questioned the drainage. Mr. Heiser stated the surface drainage will flow to the northeast of Lot 3 where it will then flow underground onto Graves Avenue and connect to existing drainage facilities. Chairman Amos questioned whether or not the sidewalk issue could be resolved between staff and Habitat. Director Joseph feels it is reasonable to leave the issue in staff’s hands. Staff will pursue the best option. Commissioner Horton stated the issue should be resolved before Town Board. RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 November 18, 2003 Pubiic Comment: Joyce Bennett, 667 Community Drive, spoke in opposition of the requested subdivision. She advised that children currently walk across Lake Pine Subdivision on their way to school. She would like Habitat to build a fence between the 2 subdivisions to keep the children from walking through their property. It was moved and seconded (Horton/Pohl) to recommend approval to the Town Board of Trustees of the Rezoning Request, for the proposed Lots 3, 4, and 5, Mangeisen Subdivision from R-2 Two-Famiiy Residentiai to R-1 Residential and it passed unanimously with one absent and one vacancy. 1. Town Board approval of the Mangeisen Subdivision plat and recordation of the plat. 2. Provision of deed restrictions for each unit complying with EVDC §11.4 as units are sold. It was moved and seconded (Horton/Hix) to recommend approval to the Town Board of Trustees of the Preliminary Subdivision Piat, a Portion of Lot 32 Bonnie Brae and Lot 4 Habitat and it passed unanimousiy with one absent and one vacancy. 1. Approval of this plan shall include approval of waivers/minor modifications discussed in the staff findings section of the staff report. 2. Estes Valley Board of Adjustment approval of the variance application requesting waiver of the open space requirement. 3. Compliance with Greg Sievers’ memo dated October 31,2003. 4. Significant native trees shall be shown on the preliminary plat and a limits of disturbance shall be platted to protect those trees. A note shall also be added to the plat stating that the limits of disturbance can be modified with approval of a site specific plan. 5. The required landscaping shall be added to the preliminary plat with review and approval by staff. 6. This plat provides for reduced setbacks internal to the subdivision in some locations. These setbacks shall be shown on the recorded subdivision plat. 7. Tree trimming shall be completed to improve sight distance at the Halbach Lane and Community Drive intersection. 8. Staff shall review and approve pedestrian connections to serve the new lots in this subdivision. 9. Compliance with the sewer system design and easement requirements in Ron Witt’s October 24, 2003 letter to Alison Chilcott. An easement shall also be provided on Lot 6 where the sewer line crosses the lot outside the easement. 10. A written guarantee that the property owner will replace any required restoration landscaping that is damaged or dies during the first two growing seasons shall be provided. Replacement will be consistent with the approved landscaping plan and will occur no later than the next growing season. This shall be provided with the improvement agreement. 11. A note shall be added to the plat stating the fence encroaching on the proposed Lot 1 shall be removed prior to obtaining the first building permit for Loti. 4. DEVELOPMENT PLAN 03-12, THUNDER CANYON CONDOMINIUMS, LOT 22, STANLEY HILLS SUBDIVISION PUD, 720 Black Canyon Drive, Applicant: Roy Johnson x- , Planner Shirk reviewed the staff report. This is a request to build 17 residential units on a platted PUD lot. The concept is to remodel the existing motel, and build additional duplex and single-family detached units. The applicant has modified the plan several times in response to staff comments, and has support of the homeowners association. Stormwater detention will be on the adjacent outlet, and landscaping will be provided. The landscaping, parking, and drairiage plan require minor changes. Lot 22 was created with the PUD plat of Stanley Hills Subdivision in 1977. This proposal complies with density and setback requirements set forth in that plat. Approval of the PUD included a requirement for a development plan. Floor RECORD OF PROCEEDINGS Estes Valley Planning Commission November 18, 2003 Area Ratio and impervious coverage calculations include Outlet B in the gross land area calculations. This review does not constitute approval of a condominium map. Prior to individual sale of any of these units, a condominium map shall be reviewed in accordance with the EVDC. Impervious coverage will increase to 31% with the widening of the driveway to 18 feet. Paul Bennett of Van Horn Engineering was present to represent the applicant. The applicant has no issues with conditions of approval. He advised the southwest corner of the roadway at Black Canyon Drive is an open space lot that is owned by the homeowners association. The developer can not improve the site visibility at the corner as requested by Public Works. Greg Sievers, Construction and Public Facility Manager, stated the proposed drainage pond B will be adjacent to the driveway with a new culvert crossing the road to an existing drainage facility. For public safety. Public Works is requesting the bank be cut back to increase sight visibility at the corner of Black Canyon Drive and Steamer Drive. Public works would request the homeowners association work with them to improve the situation. He feels that 150 feet of sight visibility would improve public safety and any improvement in sight visibility would be beneficial to the community. Public Comment: Andy Anderson, Vice President of the Stanley Hills Homeowners Association, stated the additional traffic coming out of the proposed development compounds the problem at the corner. He noted that the property owners in Stanley Hills have asked Public Works for a speed deterrent to slow the traffic down. The Stanley Hills property owners object to cutting back the bank. They feel that cutting the corner back would only increase the speeding problem. Commissioner Homeier asked if the homeowners would object to a “T" intersection with a stop sign. He stated it would slow down the traffic. Mr. Anderson does not feel the property owners would be opposed to that proposal; although he would like the chance to talk with the Stanley Hills property owners. Mr. Sievers stated a “T intersection would place the public traveled way within the ROW and improve traffic safety. He does not know if it would help traffic flow. He would request that the homeowners association work with the developer to improve the traffic conditions due to the increase number of trips with the proposed development. Cliff Stuart, 685A Steamer Drive, feels the wrong traffic problem is being addressed. He feels there is a problem with the culvert where his driveway intersects with Steamer Drive. He does not feel that a stop sign will help his intersection. Mr. Bennett understands the importance of sight visibility: however he would encourage the Planning Commission to approve the development with a condition that the developer will share in the cost of improving the intersection. Commissioner Pohl stated the developer should not go forward with the developnient without a resolution and without knowing the expense. He feels the intersection should be resolved before granting approval. Mr. Bennett stated the applicant would redevelop the current motel and condominiumize the units before any grading would take place for Phase II (new buildings) of the development. Before the developer could proceed with Phase II of the development, he would propose this matter be resolved or the appropriate guarantee be in place. Town Attorney White stated the traffic condition is a community problem not a developer problem. He feels it is not fair or legal to require the developer to fix the sight visibility for which he has no control over. The developer’s access to the street and his right to develop the property are not in question. Commissioner Pohl stated he has concerns regarding emergency access to the property. If something were to happen to the entrance it would be difficult to get emergency vehicles on site. RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 November 18, 2003 It was moved and seconded (Homeier/Hix) to approve Development Plan 03-12, Thunder Canyon Condominiums, Lot 22, Stanley Hills Subdivision PUD and it passed unanimously with one absent and one vacancy. 1. Compliance with applicable sections of the EVDC. These include, but are not limited to: Section 7.2 “Grading and Site Disturbance Standards”: Section 7.3 “Tree and Vegetation Protection”; Section 7.12 “Adequate Public Facilities”: Appendix B.III.C.4.e: and Appendix B.III.C.5. 2. The landscaping plan shall be updated to include the landscaping calculations discussed in the staff report, and to provide additional district buffering to the property to the north. The landscaping plan shall be modified to comply with Section 7.5.D “Species Mix”. 3. Landscaping note 3 shall be amended to read: “Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner is responsible for regular irrigating, pruning, weeding, mowing, fertilizing, replacement of plants in poor condition and other maintenance of all plantings as needed, including Lot B landscaping as identified on this plan.” 4. Landscaping note 9 shall include the phrase “No chain link fencing shall be allowed.” 5. A note stating the method of revegetation for slopes greater than 25% and 50% shall be added to the landscaping plan. In addition, these areas shall be graphically delineated on the landscaping plan. 6. Landscaping note 11 shall read: “An automatic drip irrigation system shall be required.” 7. The following note shall be placed in a “Notes” section on the first page of the development plan: “Light sources shall be concealed or shielded with luminaries with cut-offs with an angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property.” 8. The driveway serving Building 1 shall include a turn-around area with curb or guard rail. 9. The wheel stops for the five guest parking spaces along the north property line shall be clarified on the development plan. 10. Designated ADA spaces shall include required aisle and stall dimensions. 11. The grading and drainage plan shall be stamped by a licensed engineer, and address staff concerns regarding the area between the landscape island and motel, the area between the detached units in the southeastern portion, and the area in front of Building 5. 12. Compliance with Will Birchfield’s memo to Dave Shirk dated October 28, 2003. 13. Compliance with Greg Sievers memo to Dave Shirk dated October 31, 2003, except for numbers 1 and 2. 14. The street to the immediate west shall be labeled “Black Canyon Drive” instead of “Steamer Drive” on all plan sheets. 15. The following note shall be placed on the cover sheet: “Property owner of Lot 22 shall be responsible for maintenance of drainage facilities located on Lot B.” 16. Fire hydrant distances must be measured along the roadway. One fire hydrant that was used in the calculation does not have road access to the development. Therefore, one fire hydrant will need to be added in this development. Addresses will need to be displayed at Steamer Drive and on each structure. If shake roofing material is used an additional 500 gpm of fire protection is required. 17. Applicant shall work with staff to increase site visibility and/or traffic safety at the corner of Black Canyon Drive and Steamer Drive. Appeals to staff determination shall be to Estes Valley Planning Commission. Resolution shall occur prior to commencement of Phase II. RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 November 18,2003 5. DEVELOPMENT PLAN 03-16 AND PRELIMINARY CONDOMINIUM MAP, STANLEY AVENUE CONDOMINIUMS, LOT 32B OF THE AMENDED PLAT OF LOTS 32A AND 33A OF THE AMENDED PLAT OF LOTS 32, 33, 34, 35 AND PORTIONS OF LOTS 1, 31 , AND 37, WHITE MEADOW VIEW PLACE ADDITION, South side of Staniey Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection, Applicant: Don E. Dariing. Planner Chilcott reviewed the staff report. This is a development plan application to build nineteen units on a 2.136 acre “RM” Multi-Family Residential lot. These units are in addition to the six units approved with Amended Development Plan #00-05 in December 2002 which were recently built and in addition to the one unit approved without development plan review to replace a burned unit. The plan shows a total of twenty-six units. Approval of three of the twenty-six units is subject to Town Board approval of a revised development agreement. This development will be denser than most new developments in Town; however, the property had twenty-six units on it until earlier this year when some were removed to construct the new units. This plan does a good job addressing detention/stormwater facilities, limits of disturbance, and vegetation protection. The proposed open space meets the design criteria of the EVDC and should be permanently reserved and maintenance ensured. The site is not in a mapped geologic or wildfire hazard area; however the site is in a mapped deer and elk wildlife habitat area. Staff supports a minor modification to allow a reduction in the driveway width of ten percent for the driveway serving the northeastern block of units, a waiver of the bicycle rack requirement and a waiver of the requirement to provide two-way directional arrows on the paving at the property entrances. Amy Plummer of Van Horn Engineering was present to represent the applicant. The applicant has no issues with the conditions of approval. Public Comment: None. It was moved and seconded (Homeier/Pohl) to approve Development Plan 03- 16, Stanley Avenue Condominiums, Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32, 33, 34, 35 and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, 448 Stanley Avenue and 519 South Saint Vrain and it passed unanimously with one absent and one vacancy. 1. Approval of this plan shall include approval of waivers/minor modifications discussed in the staff findings section of the staff report. 2. Recordation of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32, 33, 34, 35, & Portions of Lots 1, 31, and 37 White Meadow View Place Addition to the Town of Estes Park, County of Larimer, State of Colorado. 3. Three of the twenty-six units are conditioned on Town Board approval of a revised development agreement allowing the three units. 4. Informal access onto Ponderosa Drive shall be prevented while retaining emergency access needed to ensure that the development meets adequate public facilities fire protection standards. Design details shall be finalized with Town staff, including Public Works and the Fire Department. 5. Retaining walls shall be provided on the south side of Unit A and B and the west side of the Group III building. 6. The following notes addressing landscaping shall be added to the landscape plan: (1) A note shall be added stating that the plan will comply with EVDC §7.5.D.2.c Species Mix or a variety of species shall be shown on the plan (2) A note shall be added addressing EVDC §7.5.D.2.e Plant Quality which requires that all plant material “meet the American Association of Nurserymen specification for Number 1 grade, and shall comply with the quality standards of the Colorado Nursery Act, Title 35, Article 26, C.R.S, as amended.” 7. The trash enclosures shall comply with EVDC §7.5.F.2.c and EVDC §7.5.H concerning screening and a sketch of the proposed screening shall be submitted to staff for review and approval prior to approval of the first building permit. 8. The berm next to Stanley Avenue shall comply with EVDC §7.5.G.2.c concerning berm height variation. RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 November 18, 2003 9. A note shall be added to the development plan stating that the development will comply with EVDC 7.11.0 concerning markings, e.g. striping and directional arrows, with the exception of the two-way directional arrows. 10. The development shall comply with James Duell’s letter dated November 13, 2003 to Alison Chilcott to ensure adequate sewage disposal. It was moved and seconded (Horton/Homeier) to recommend approval of the Preliminary Condominium Map to the Town Board of Trustees of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32, 33, 34, 35 and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, 448 Stanley Avenue and 519 South Saint Vrain and it passed unanimously with one absent and one vacancy. 1. Approval of Development Plan 03-16. 2. Designation of required permanent private open area on the condominium map and inclusion of open area maintenance in the declaration. 3. Submittal of an improvement agreement prior to approval and recordation of the final map. 6. ESTES VALLEY DEVELOPMENT CODE Appendix D Public Comment: None. It was moved and seconded (Pohl/Horton) to recommend acceptance of the code change to the Town Board of Trustees and the Board of County Commissioners of Appendix D to the Estes Valley Development Code, Block 7 and it passed unanimously with one absent and one vacancy. 7. REPORTS ^ .Director Joseph reporsted on recent Town Board and County Commissioner actions. There being no further business, meeting was adjourned at 3:55 p.m. Wendell Amos, Chair Jacquelyn Williamson, Recording Secretary