HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2004-11-16RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
November 16, 2004,1:30 p.m.
Board Room, Estes Park Municipal Building
Commission:
Attending:
Also Attending:
Absent:
Chair Homeier, Commissioners Wendeil Amos, George Hix, Bill
Horton, Betty Hull, Joyce Kitchen, and Edward Pohl
Chair Homeier, Commissioners Amos, Hix, Horton, Kitchen, and
Pohl
Town Attorney White, Director Joseph, Planner Shirk, Planner
Chilcott, Town Board Liaison Habecker present at study session,
and Recording Secretary Roederer.
Commissioner Hull
Chair Homeier called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
a. Estes Valley Planning Commission Minutes dated October 19,2004.
b. AMENDED PLAT, LOT 41 & 42, STANLEY HEIGHTS, 971 East Lane,
Applicant: Harry & Frances Schroeder
1. The lot size of proposed Lot 41A shall be included.
It was moved and seconded (Amos/Hix) that the Consent Agenda be accepted
and it passed unanimously with one absent.
2. PUBLIC COMMENT
None.
3. DEVELOPMENT PLAN 04-10, RIVERSPOINTE DOWNTOWN, LOTS 17, 18, 19, &
20, HUPPS ADDITION BLOCK 6, TOWN OF ESTES PARK, 172 West Elkhorn
Avenue, Applicant: Cardinal Properties, LLC
Planner Chilcott reviewed the staff report. This is a development plan application to
build a 20,592-square-foot, two-story building on the former site of Bob’s Amoco at
the corner of West Elkhorn Avenue and Wiest Drive. The proposed development will
be a public/private partnership between the Estes Park Urban Renewai Authority
(EPURA) and Cardinal Properties, LLC. This 0.379-acre lot is zoned “CD” Downtown
Commercial. The first floor will contain four units with 3,889 square feet of retail
space and one unit, owned by EPURA, with 4,720 square feet of space, which may
be used for a cuitural arts facility. An alternative use of EPURA’s unit is to divide it
into four retail rental spaces. The second floor will contain nine residential units—six
studios and three one-bedroom units—ranging in size from 975 square feet to 1,045
square feet. Mixed use developments such as this are permitted and encouraged in
the downtown area to enhance the vitality of the area and provide a variety of
housing choices in the Valley. This is the first development proposed on Elkhorn
Avenue to include residential uses on the second floor since the Estes Valley
Development Code came into effect in 2000. Residential parking has been a
concern of developers. The streetscape and riverfront pedestrian areas will be
designed and completed by EPURA. EPURA’s current plans are to maintain two-
way access along the portion of Wiest Drive that borders this property. The portion
of Wiest Drive running parallel to Fall River wiii be a service-entry-only access.
Sidewalks with a width of 17.5 feet will be constructed fronting West Elkhorn
Avenue, eight-foot sidewalks along Wiest Drive, and ten feet along Fall River, with a
typical setback of seventeen feet from the river. At the November 2, 2004 Estes
Valley Board of Adjustment meeting, the Board approved the variances to the eight-
foot minimum front-yard setback requirements. The purpose of the eight-foot
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
November 16, 2004
minimum setback is to provide space for public sidewalk. The variances will allow
adequate room for sidewalks and will not affect the pedestrian storefront
environment. Adjacent property owner, Byron Hall, has expressed concern about
adequate truck-turning radius. CD zoning prohibits outside sales, use, or storage
and these restrictions will apply to the 2nd floor balconies. Planner Chilcott noted that
the trash collection area on the riverfront will be well screened. The air-conditioning
unit and meters are also screened from view. The design meets the adequate pubiic
facilities requirements of an eight-inch sewer line and a four-inch water line. Design
of the sidewaik and riverfront areas, as well as the transformer size and location, will
be undertaken by EPURA and are not part of this review. Planner Chilcott noted that
there are currently monitoring wells for benzene on the property as part of a
corrective-action plan. These wells will be replaced by new groundwater test wells
and venting will be installed to reduce any remaining benzene in the soil. Planner
Chilcott recommended the inclusion of an additional condition for approval—^that the
Colorado Division of Oil and Public Safety approve the site prior to the issuance of a
building permit.
Steve Lane of Basis Architecture was present to represent the applicant. He
reiterated that Cardinal Properties, LLC and EPURA are working together on this
project and are coordinating the design to keep the mountain feel, using wood,
stone, and glass. He noted that they will keep the loading area pedestrian-friendly
and that reduction of the width of Wiest Drive will help slow traffic down and
encourage its use as a pedestrian link. The trash area will be inside the building,
inside double doors, and the electrical equipment will be hidden from view.
Director Joseph questioned Mr. Lane about signage requirements. Mr. Lane noted
that signage regulations will be written into the condominium declaration and that the
signage will be placed under the balconies. Commissioner Pohl inquired about the
retaining wall along the river. Mr. Lane stated that the wall will be removed and
redone as part of the development.
Chair Homeier inquired whether there will be curbing on Wiest Drive to protect the
building owned by Byron Hall. Wil Smith, Director of EPURA, stated that although
Mr. Hall’s building extends to the edge of the property line, there will be a curb and
pavers to help protect the building. He also noted that the Wiest Drive portion of the
riven/valk will remain available for service acess and for access to private parking.
The EPURA design will take turning radius concerns and access concerns into
account. Commissioner Kitchen questioned whether there were requirements for
new buildings in the downtown area to provide parking. Director Joseph noted that
there are no current regulations regarding providing additional parking. Mr. Lane
stated that EPURA will be redeveloping the Wiest parking lot to increase parking
spaces and that residents of the building would be likely to use the parking lot during
off-hours.
Public Comment:
None.
It was moved and seconded (Horton/Amos) to approve the Development Plan
04-10, Riverspointe Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6
and the motion passed unanimously with one absent and the foliowing
conditions.
1. Final development plan approval shall be contingent on staff review of the
roof drainage.
2. The architectural elevations should show the trash area prior to final
development plan approval.
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Estes Valley Planning Commission
November 16, 2004
3.
4.
6.
7.
EPURA plans for on-site improvements shall be provided for staff review and
approval, as noted in Public Works’ October 22, 2004 memo, prior to
construction of the EPURA improvements.
Per Public Works memo of October 22, 2004, load calculations shall be
provided to determine if a three-phase transformer is required prior to final
development plan approval.
The loading area design shall be reviewed and approved by staff to ensure
that a continuous eight-foot-wide sidewalk is provided.
The Unit E square footage shall be clarified. Two different square footages
are specified for the unit, 4520 and 4550 square feet.
No building permit shall be issued until a corrective action plan is approved by
the Colorado Division of Oil and Public Safety and a copy of the approval is
provided to the Town Public Works Department.
4. PRELIMINARY CONDOMINIUM MAP, RIVERSPOINTE DOWNTOWN, LOTS 17,
18,19, & 20, HUPPS ADDITION BLOCK 6, TOWN OF ESTES PARK, 172 West
Elkhorn Avenue, Applicant: Cardinal Properties, LLC
Planner Chilcott recommended that the Riverspointe Downtown Development Plan
04-10 serve as the Riverspointe Downtown preliminary condominium map,
conditioned on approval of the Development Plan 04-10 because the preliminary
condominium map requires compliance with the same adequate public facility
standards with which the development plan must comply.
Public Comment:
None.
It was moved and seconded (Amos/Hix) to recommend approval to the Town
Board of Trustees the Preliminary Condominium Map, Riverspointe
Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6 and the motion
passed unanimously with one absent and the following conditions.
1. Approval of Development Plan 04-10, Riverspointe Downtown.
2. Public pedestrian access and utility easements shall be granted and Fall
River shall be dedicated fee simple to the Town with staff review and
approval.
3. The condominium declaration shall address permitted uses on the
balconies and shall be reviewed and approved by staff.
5. PUD 04-02, WORLDMARK BY TRENDWEST PUD, LOTS 1, 2, AND 3 AND
OUTLOT A, TIMBERLANE SUBDIVISION AND A TRACT OF LAND LOCATED IN
THE NE 1/4 OF THE NE 1/4 OF SECTION 35, T5, R73W OF THE 6TH P.M.,
BEING A PORTION OF LOT 7, SUMMERVILLA SUBDIVISION, 740 Moraine
Avenue, 825 E. Riverside Drive, Applicant: Trendwest Resorts
Planner Shirk reviewed the staff report. This is a request for a Planned Unit
Development to redevelop an existing 64-unit accommodations site at Big
Thompson Timberlane Lodge into a 66-unit accommodations site, all with kitchens.
This is a request by Ankrom Moisan Architects, a Portland Oregon company, on
behalf of Trendwest Resorts, a Seattle Washington-based company. A Planned Unit
Development (PUD) is requested to facilitate this proposal. Therefore, this is a
request to rezone the property to “CO”, and to “overlay” a PUD development plan. In
addition to these requests, the southern portion of the site is being annexed into the
Town, and an amended plat to consolidate the lots will be filed. The applicant has
requested to delay the amended plat until after completion of the project. The
property fronts on both Moraine Avenue and Riverside Drive, with a bridge spanning
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
November 16,2004
the Big Thompson River. The majority of the property is currently zoned “A"
Accommodations, with an undeveloped “CO” commercially zoned lot located along
Moraine Avenue. The site totals 6.44 acres. The Town Clerk’s office is currently
processing an annexation request, which will be presented at the Estes Park Town
Board meeting on December 14, 2004. This proposal requires height and setback
variances to be granted by the Estes Valley Board of Adjustments. These
applications are pending and are scheduled before the BOA on Tuesday, December
7, 2004. Otherwise, this proposal complies with applicable requirements of the Estes
Valley Development Code. Planner Shirk stated that under the ownership of
Worldmark, the property will not be condominiumized; the property will continue to
be taxed at the commercial rate. Worldmark anticipates high occupancy year-round.
Planner Shirk stated that part of the development will occur in a mapped “alluvial
fan” hazard area along the river and that foundations will be required to be
engineered properly. This proposal has been forwarded to all applicable reviewing
agency staff for consideration and comment. He noted that the accompanying
landscaping plans exceeded the submittal requirements and received a favorable
review from the Parks Department. Comments from the Colorado Division of Wildlife
indicated that the development will not hinder wildlife in any way. Riprap and grassy
swales will be used to filter water drainage from the site; this plan has the approval
of the Public Works Department. The applicant has submitted information supporting
reduced levels of parking requirements. Planner Shirk corrected the parking
calculations shown in his staff report and noted that, per the Estes Valley
Development Code, 96 parking spaces would be required; the applicant proposes 98
spaces. He also stated that, per Section 10.5.K3, no building permit will be issued
until an improvement agreement has been executed. Planner Shirk noted that the
applicant has included a 61-unit plan that will be used if the 66-unit PUD is denied by
the Town Board. There is one lot on Moraine Avenue that is zoned “CO” and will be
left vacant for future commercial development. Planner Shirk stated that a
pedestrian trail will be dedicated along the river; the trail easement will be included
with the amended plat. A letter of credit will be required to ensure compliance with
this stipulation. The amended plat will combine all the lots into one with the
exception of the commercial lot on Moraine Avenue.
Commissioner Kitchen inquired whether a pedestrian path/hiking trail along Moraine
Avenue would be required. Planner Shirk noted that it has been included in the site
development plans. Director Joseph stated that the plan is in compliance with the
Estes Valley Comprehensive Plan.
Shawn O’Donahue from Ankrom Moisan Architects was present to represent the
applicant. He stated that the development will be family-oriented and that new
construction on the site will space the buildings out and provide landscaping
between the buildings for privacy. The pending request for height variances on three
of the buildings will apply to only the peak of the buildings to hide the view of the
mechanical units from the road. There is also a pending variance request for another
building to allow a stair tower to be built; the tower will be the only portion of the
building that exceeds the height limit. Commissioner Homeier expressed his
concerns regarding the possible denial of the variance requests.
Wayne Helm, representing the owner of the property, Trendwest, was also present
at the meeting.
Public Comment:
None.
It was moved and seconded (Horton/ Amos) to recommend approval to the
Town Board of Trustees the Planned Unit Development 04-02, WorldMark by
Trendwest PUD, and Rezoning from “A” Accommodations to “CO”
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Estes Valley Planning Commission
November 16, 2004
Commercial with the findings and conditions recommended by staff, and to
approve the proposed 61-unit aiternate development plan conditional to:
1. The Town Board denies PUD 04-02
2. The conditions set forth beiow
and the motion passed unanimously with one absent and the foliowing
conditions.
1,
2.
b.
c.
d.
e.
f.
3.
4.
5.
Prior to issuance of the first building permit, the applicant shall submit an
“agreement to merge” (subject to approval by the Town Attorney) and
applicable filing fee.
The applicant shall, within three months of issuance of the final certificate of
occupancy, submit an amended plat that will, at a minimum:
a. Maintain PID 3526412003 (the commercial lot on Moraine) as a separate
lot and combine the remaining lots;
Dedicate a 10-foot trail easement along the south side of the Big
Thompson River;
Restrict access on Moraine Avenue to the existing point;
Include the Moraine Avenue sign on the main lot;
Address ROW width on Riverside Drive; and.
Provide a drainage easement for surface ditch on Lot 3.
Per Section 10.5.K3, no building permit shall be issued until an improvement
agreement has been executed. Improvements should include: parking lot and
associated paving, sidewalks and trail, all required utilities, fire hydrants, as-
built plans, required landscaping, landscaping warranty, future amended plat
costs, replacement bridge, emergency crash gate.
The public service easement” shall be vacated prior to issuance of anv
building permits.
The well located on the western portion of the property shall be abandoned
prior to issuance of the first building permit.
6. Copies of applicable federal permits shall be submitted with first building
and/or grading permit application. y
1. Thf proposed emergency crash gate shali be subject to review and approval
of the Fire Chief.
S. The foundations of new structures shall be designed in compliance with the
submitted soils report.
9‘ .(r.on®truct!on Plans shal1 be reviewed and approved by Estes Park Public
t0 lfU!nCe of the first buildin9 permit. These shall Include
10 ?hd retainin? walls> erosion control plans, and root protection.
°‘Rra^H ^ t h fr0m Upper ThomPson Sanitation District (David
2004)’ 0 t0ber 15, 2004 and November 2, 2004; and Ron Witt, October 20,
ur I |__ , „ / t _ ^ Works memo dated October 20, 2004 A
a?dlscharge,pointsqUIValent approved by ,he Town of Estes Park) b® Placed
12. A pedestrian trail shall be built along the Big Thompson River from the
eastern property line to a point near the pool area.
13. The roadway intersection radius shall be 25 feet, and shown as such on the
civil plans (Riverside Drive).
14. A revised grading plan shall be coordinated with the tree protection plan
_ lj?l?lude draina9e arrows, and be stamped by a licensed engineer.
.The Lot 3 site plan curb/gutter and 8-foot sidewalk location should be
coordinated with the civil plans.
16. Lot 3 should be labeled as .61 acres, not 61 acres.
17. Per Appendix B, the following notes shall be included in the “general notes”
section: a nuico
a. All required improvements shall be completed or guaranteed prior to the
issuance of a certificate of occupancy.”
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
November 16, 2004
b. “The owner shall be required to provide for handicap accessibility in
accordance with the A.D.A. and U.B.C.”
c. “Approval of this development plan creates a vested right pursuant to
Article 68 of Title 24, C.R.S., as amended.”1
18. Recommendation for approval of annexation.
6. AMENDED PLAT, LOT 2 & 3 SWEET MINOR SUBDIVISION AND A PORTION OF
LOTS 11 & 12, WEST 1/2 OF SECTION 6, T4N, R72W OF THE 6TH P.M., 2930
Little Valley Road, Applicant: Jananne McPhearson & Elise C. Sweet
Planner Shirk stated that the applicants have requested, in writing, postponement of
their subdivision request for a period of two months.
it was moved and seconded (Amos/Kitchen) to recommend to postponement of
this item for two months, at the appiicant’s request, and the motion passed
unanimousiy with one absent.
7. REPORTS
Director Joseph spoke on the issue of vacation homes and business licenses,
stating that the Community Development Committee met following a public evening
meeting and made recommendations to be heard at the Town Board meeting on
November 23, 2004. The recommendations include an eight-person limit to the
number of occupants of a vacation home and the retention of the existing standard
of no more than two persons per bedroom plus an additional two people. The
committee recommends retaining the three-car limit for cars parked outside of a
garage as well as retaining the language protecting the single-family character of
neighborhoods in regards to traffic and noise levels. The requirement of licenses will
be recommended. In a multi-family condominium setting, it will be permissible to
pool multiple units under a single license if the units are located on the same site
and are under the same rental management. The management may be on-site or
off-site. The cost of the license will be a function of the number of units being pooled
under that single license. Director Joseph noted that the committee received
informal input from a number of sources on both sides of the issue and he feels this
proposal is a good compromise. Town Attorney Greg White stated that the few
licensed establishments that do not meet the eight-person and/or three-car
maximum limits will be grandfathered under their current operation.
Commissioner Pohl requested more information on the Tawney project, stating that
the newspaper had portrayed the project as a “done deal”. Director Joseph stated
that the development plan application has not been submitted and is not expected
soon.
There being no further business, meeting was adjourned at 3:00 p.m.
Richard Homeier, Chair