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MINUTES Estes Valley Planning Commission 2004-08-17
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 17, 2004,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Attending: Also Attending: Absent: Chair Homeier, Commissioners Wendell Amos, Judy Haggard, George Hix, Bill Horton, Joyce Kitchen, and Edward Pohl Chair Homeier, Commissioners Amos, Haggard, Hix, Horton, Kitchen and Pohl Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Williamson. Town Board Liaison Habecker present at the study session. None Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a Estes Valley Planning Commission Minutes dated July 20, 2004. b REZONING REQUEST. WESTLEY REZONING, LOT 9. AMENDED PLAT OF LOTS 10 -17, PORTION OF LOTS 1, 6, 8, 8 9, ELKHORN ESTATES, 475 Fall River Lane - Withdrawn by Applicant. ....... c. DEVELOPMENT PLAN 04-05, BEAR CREEK LUXURY CONDOMINIUMS, UNITS 1 THROUGH 6, BUILDING A, FALL RIVER CHALETS, 1280 Fall River Road - Withdrawn by Applicant. It was moved and seconded (Amos/Hix) that the Consent Agenda be accepted and it passed unanimously. 2. PUBLIC COMMENT None. 3. PRELIMINARY CONDOMINIUM MAP, BEAR CREEK LUXURY UNITS 1 THROUGH 6, BUILDING A, FALL RIVER CHALETS AND PROPOSED BUILDING, 1280 Fall River Road, Applicant: SRG Properties, LLC. Planner Chilcott reviewed the staff report. This is a prei'mmary condommium^ application to condominiumize the existing six-unit building at 1280 Fall River Roa^ The property is condominiumized as the “Fall River Chalet-" Thls Ch f^JJ'Rpar regime will be terminated and a new map and declaration will be recorded forbear Creek Luxury Condominiums. The proposed condominium map complies with all density and dimensional standards set forth in EVDC §4.4 Nonhref'dehn!'a' Districts with the exception of a slight encroachment of the new hot tub into the 30 foot river setback. Staff recommends approval of a minor modification to aHow this enlachment to remain. The pmperty is zoned “A’ Aocommodabons Wway Corridor and the proposed use is accommodations and resident al. The current use Ps :ccommodations.PThe property meets the de^ity and parking raceme ts for both uses and the condominium regime will allow both uses E^/DC%^^D Sidewalks Pedestrian Connections and Trails requires in part that Jo we maximum extent feasible, all subdivisions shall provide pedestrian linkages |nclud'ng^trai|s to narks schools adjacent developments and existing and proposed l^ke and b trails as deputed in thrEstes Valley Long Range Hike and Bike TraHs Plan (found in the Estes Valley Comprehensive Plan)" and that “The minimum width of a req sidewaik shaii be eight (8) feet in ali other no"';esidenti?l|0™n9FdJtnRi^erTRoS) as Dians to extend a ten foot wide trail/sidewalk along US 34 (Fa I Fdyer Koaaj Kn oh the eLs Vaiiey Long Rarrge Hike and “ke Tra s Plan and staff recommends that this subdivision construct trail in accordance with ^VDC § ... storm water from the parking iot does not adequateiy drain into the drainage swaie fnd^h^ld be addr^d A public sewer easement is dedicated with this map for a portion°of<th^^ver main tha?does notfall ™thin the e“s mtpP The Of the existing easement that is not occupied will be vacated with this map. RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 August 17, 2004 existing water service line does not meet current standards and wiil be replaced with a 11/2 inch copper line. Kerry Prochaska of Cornerstone Engineering and Surveying was present to represent the applicant. He stated the applicant does not feel they should pay for that portion of the trail/bike path in front of their property. He advised the property is already condominiumized and this is simply a name change. He feels it is excessive to require the applicant to pay for a trail that is currently planned by the Town for this fall. Director Joseph stated the applicant is vacating the first filing of the condomin^m map; and therefore nullifying the existing regime and starting with a new one. The applicant is also requesting a reservation for future development, which did not exist with the previous condominiumization. Chair Homeier questioned whether the location of the trail would be in I1]6 ri9hJ'°/‘ way or an easement. Mr. Prochaska stated the location of the trail would be within the right-of-way due to design considerations. Greg Siever, Facilities and Construction Manager, advised the final location for the trail has not been determined. Commissioner Kitchen feels the trail construction is an(u.ndhue.^“r^®"b®j1n?hPla“dr on one property owner when the trail will be constructed by the Town in the near future. It was moved and seconded {Horton/Amos) to recommend approval to the Town B^ard of Trustees the Preliminary Condominium Map, Bear Creek Luxury Condominiums, Units 1 Through 6, Building A, Fall River Chalets and the inotion passed. Those voting “Yes" Pohl, Amos, Homeier, Hix, Horton, and1HpTrto Octobeeritin29004 andKitplahterecordation the applicant shall complete OTnstructtonofa teri foot wideconcrete bike trail with three foot shoulders along US 34. The trail shall be built to Town of Estes Park standards and design shall be approved prior to construction. This shall be included in the subdivision improvement agreement. Or the applicant shal estimate to the Town for review and approval and prov de funds Town construction of this portion of the trail prior to October 1, 2004 and plat 2 Th^anS proof dumpster, enclosure and proposed location shall be reviewed and approved by staff and the dumpster and enclosure shall be in Dlace prior to recordation of the map. A landscaping plan for landscaping around^ the dumpster and enclosure shall be submitted for f aff 7theeWmaanp approval and landscaping shall be in place Pri°r, ° rec°rdat,°nn°fdmtS Hand irrigation of required trees and shrubs shall be allowed provided that ptor rSafion of the map a three year egreement and financial guarantee is provided in accordance with EVDC §7.3.D.5.d. The dumpster enclosure shall comply with EVDC §7.1 J.b.ci.3. Paridng lot drainage shall be improved to ensure that the parking lot does not 4 itt deckenoroaohment in the sewer main easement shall be rernoved prior to issuanceTany additional sewer permits for development on the lot and nrinr tn rpcordstion of th© Condominium mop* r5. ?he Jnaf cSo2ium map shall show the general location and number of units to be reserved for future development. =:rf,'r RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 August 17, 2004 supply of potable water for the area, supplementing the existing 100,000 gallon Fall River Estates water tank. Staff has determined this is a minor utiiity, and therefore a permitted use in the “A" Accommodations zone district. Kerry Prochaska of Cornerstone Engineering and Surveying was present to represent the applicant. Bob Goehring, Utilities Superintendent, was also present. Mr. Prochaska stated the timing of construction from July to October is somewhat limiting. The Public Works committee approved the project so long as the construction was completed by March; therefore construction would have to take place during the winter months. He would like the opportunity to work with the Department of Wildlife to see if they can reach a compromise regarding construction during the winter months. Director Joseph spoke with Rick Spowart, District Wildlife Manager, regarding the state of the bighorn sheep. Mr. Spowart feels the sheep have been in a precarious state for some time and are still at risk for stress related mortality. Mr. Spowart also indicated that he would be willing to be flexible and could allow construction a month on either end of the suggested construction timeframe. Chair Homeier asked what the timeframe for construction is. Mr. Prochaska stated the construction would take place from September through March. It was moved and seconded (Amos/Hix) to approve Development p,a" °4-06, M^^regor Mountain Water Storage Tank, NW 1/4 of SE 1/4 Section 16 T5N R73W, of the 6th P.M., 2818 Fall River Road and the motion passed unanimously with the foilowing conditions. 1 Compliance with the approved site plan. Compliance with the Estes Valley Development Code. There shall be no exterior lighting. rninrflrinConstruction shall be limited per the recommendation of the Colorado Division of Wildlife. The tank shall be at least 15-feet from the east side yard. 6. The road shall be placed in cut slope; the grading plan shall be changed 7. CompSe with Larimer County Building Department memo dated June 16. 2004 reoardinq MacGregor Mountain Water Storage Tank. . , The owner and lienholder signature line shall be changed to include Aloenalow Lodge LLC, Warren Clinton and Ruth L. Clinton. 9 The two existing parceis (PiDs 3516400087 and 3516400034) shaii share a ■ single highway access point. The method of access consolidation shall be finalized before any excavation work on either of the parcels. 5. ESTES VALLEY DEVELOPMENT CODE CHANGES 2. 3. 4. 5. 8. Public Comment: None. Planner Shirk reviewed the current code for Geologic and Wildlife Hazard Areas^ The intent of the revision is to clarify the code language. He reviewed the new code revisions which add specific language regarding mitigation for wildlife and geologic hazards. It was moved and seconded (Horton/Amos) to recommend .ac?ePtanc®*° th7e it passed unanimously. PlanneFr Smrk stated the County Commissioners approved the Driftwood right-of-way vacation and the Cheley Camp right-of-way vacation. RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 August 17, 2004 Planner Chilcott informed the Commission that staff has reviewed Development Plan 04-07, ErtI Mechanical Building and has recommended conditional approval. There being no further business, meeting was adjourned at 2:49 p.m Richard Homeier, Chair J&quelyn Williamson, Recording Secretary