HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2004-12-211 II
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
December 21, 2004,1:30 p.m.
Board Room, Estes Park Municipal Building
Commission:
Attending:
Also Attending:
Chair Homeier, Commissioners Wendell Amos, George Hix, Bill
Horton, Betty Hull, Joyce Kitchen, and Edward Pohl
Chair Homeier, Commissioners Hix, Horton, Hull, Kitchen, and Pohl
Town Attorney White, Director Joseph, Planner Shirk, Town Board
Liaison Habecker present at study session, Larimer County
Engineering Department staff member Roxann Hayes and
Recording Secretary Roederer
Absent:Commissioner Amos, Planner Chilcott
Chair Homeier called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
a. Estes Valley Planning Commission Minutes dated November 16, 2004.
LZaLmrfd and se^onded (Hix/Pohl) that the Consent Agenda be accepted
and the motion passed unanimously with one absent.
2. PUBLIC COMMENT
None.
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RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004
on Outlet A was transferred to existing Lot 2 with approval of the Mary’s Lake
Subdivision plat.
Director Joseph stated that the steepest portions of existing Lot 5, which have the
highest risk of wildfire and geological hazards, would be down-zoned from “A-1” to
“E.” This land, which could be developed with approximately thirteen
accommodations/residential units, would be developed with just two residential units.
The less steep portion of Lots 4 and 5, a total of 9.514 acres in proposed Lot 6 and
Outlot C, would be up-zoned from “A-1” to “A.” Twenty-two accommodations/
residential units are proposed on Lot 6, three more units than the current zoning. A
total of six accommodations units in three duplexes are proposed on Outlot C, four
more units than allowed by the current zoning. Rezoning and subdividing the
property would cluster the originally planned development on lower portions of the
site. This density transfer would move the development off the steeper, problematic
areas of the site. Staff supports reconfiguration of the lots and rezoning to
accomplish this density transfer and finds that the development is compatible and
consistent with the policies and intent of the Comprehensive Plan and with existing
growth and development patterns in the Estes Valley.
A revised development plan for Mary’s Lake Lodge that anticipates combining Outlot
B & C with Lot 3 is in the concept stage and has not yet been routed to adjacent
property owners. The rezoning request addresses the placement of proposed Lot 7
into a conservation easement and is necessary to help achieve goals stated in the
Comprehensive Plan. The Promontory development plan was routed to adjacent
property owners in December and will be reviewed, with revisions, by the Planning
Commission at the January meeting.
Director Joseph noted that interconnected street systems are required by the EVDC.
One way this is achieved is by limiting the length of cul-de-sacs and requiring road
connections such as the Kiowa Trail extension. The proposed right-of-way will create
a more functional, interconnected street system than the currently platted Kiowa
Road right-of-way. The platted Kiowa Road right-of-way requires steep cuts up to
fifteen feet, into the mountainside behind Mary’s Lake Lodge and significant tree
removal. A long loop road would have been built to access land behind Mary’s Lake
Lodge that has limited development potential due to the steep slopes. The proposed
rezoning further limits this development. The proposed right-of-way includes the
Promontory Drive cul-de-sac and the Kiowa Trail extension. Promontory Drive would
follow the existing deteriorated driveway that connects Mary’s Lake Lodge to Mary’s
Lake Road and would continue west beyond the Lodge to access proposed Lots 6
and 8. No change in the location of the Mary’s Lake Lodge access is proposed.
Promontory Drive has been designed with minimal impact to the land and may be
further redesigned to save a significant tree near Mary’s Lake Lodge. Kiowa Trail is
an important street connection to make for interconnectivity of the street system and
concerns that have been expressed by residents of Kiowa Ridge Subdivision are
best addressed by directing Church traffic directly onto Mary’s Lake Road from
Promontory Drive after large Church functions and by the addition of traffic calming
on the proposed Kiowa Trail extension.
The proposed Kiowa Trail extension would connect Promontory Drive to Kiowa
Drive. The road would run through a relatively flat and treeless area below Mary’s
Lake Lodge and would be located next to land with high-density development
potential. Staff is supportive of the proposed vacation and dedication of right-of-way.
This plat proposes removal of 410 square feet of wetlands for construction of the
Kiowa Trail extension. A waiver of the driveway spacing requirement from Public
Works is requested to allow the proposed Kiowa Trail to be spaced closer than 150
feet from the pavement edge of the Mary’s Lake lodge western entrance. Public
Works has not expressed any concern with this request.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004
Director Joseph stated that the request has been submitted to adjacent property
owners for consideration and comment. A letter from six lot owners in the Kiowa
Ridge Subdivision, including Joseph and Deborah Ford, Gilbert “Tom” and Carol
Gresslin, William and Judy Howell, Harold and Judy Haines, William and Shirley
Webber, and Chris and Chris Pisciotta, dated December 13, 2004 primarily
expresses concerns about the proposed extension of Kiowa Trail. Staff has met with
Joe Ford and Tom Gresslin a number of times to discuss the proposed extension of
Kiowa Trail. A letter from Dave and Jane McAfee and an e-mail from Ginger Juhl
were also received by staff. During the meeting, Joe Ford presented e-mails from
additional Kiowa Ridge lot owners Eldon and Pat Cassell and Bruce Specht. Staff
also received a phone call from Bruce Specht, owner of Lot 11, Kiowa Ridge
Subdivision, who called at the suggestion of Joe Ford to express his concerns about
the proposed Kiowa Trail extension and its impact on traffic in the Kiowa Ridge
Subdivision. Staff explained the proposal for directing Church traffic and traffic
calming. Gilbert “Tom” Gresslin and Bill and Judy Howell also submitted letters to
the Mayor. All of the comments noted above expressed opposition to the proposed
extension of Kiowa Trail.
The request was also submitted to all applicable reviewing agency staff for
consideration and comment. The location of wildfire and geologic hazards (steep
slopes) are shown on the preliminary plat and comments were received from Tony
Simons, Wildfire Safety Specialist with Larimer County, and TC Waite, Engineering
Geologist with the Colorado Geological Survey. Most of the land in wildfire and
geologic hazard areas are protected from development. The property is in mapped
elk habitat. The plan was sent to the State Division of Wildlife for comments; none
were received. Compliance with the requirements for wildlife habitat protection will
be reviewed with submittal of development plans. The protection of the wetlands and
steeply sloped areas helps protect wildlife habitat.
The subdivision will be served by existing eight- and twelve-inch water mains and a
proposed main extension will connect to the Kiowa Ridge pump station on Lot 28 of
Kiowa Ridge subdivision and run through proposed Lots 6 and Outlot C. A pump
station will be installed on Lot 5 to serve proposed Lot 5 and some units on Lot 6. An
improvement agreement, guarantee, and warranty are required for all adequate
public facilities improvements prior to recording the final plat. A shared maintenance
agreement for the pump station should be submitted for staff review and approval
and recorded with the final subdivision plat. ISO calculations have been provided
and the Fire Chief has not expressed any concern about these calculations. Upper
Thompson Sanitation District has not expressed any concerns regarding the sewer
plans. A stormwater drainage plan was submitted for review by Public Works with
the Mary’s Lake Subdivision plat in 2000.
Director Joseph noted that an updated traffic impact study has been prepared. This
study shows that improvements are required to the Mary’s Lake Road/Highway 7
intersection to meet Colorado Department of Transportation standards, i.e. a
northbound left-turn deceleration lane and a southbound right-turn deceleration lane.
Approval of this subdivision should be conditioned on construction of these road
improvements and road improvements internal to the subdivision. Submittal of the
improvement agreement, guarantee, and warranty is required prior to recordation of
the plat. Mary’s Lake subdivision owners are working together to develop a cost
sharing agreement among the owners and it is anticipated they will request the
Town share in the cost of these improvements. This request would be reviewed by
the Public Works Committee and Town Board.
Frank Theis of CMS Planning was present to represent the applicant. He stated that
the property owners in the area have worked together for many years to produce a
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004
reasonable plan for development of the property. He stated that the intensity of the
proposed development is significantly less than what it could be, noting the
proposed conservation easement.
Mike Dugan, property owner at the adjacent Mary’s Lake Lodge, was present. He
stated his concern about access to proposed units on Lot 9. Director Joseph noted
that while there is legal access at the south end of the lot the proposed access is
planned to be located to the north on Lot 3.
Public Comment:
Debbie Ford, Kiowa Ridge property owner, was present. She stated her concerns
about the extension of Kiowa Trail and requested that the original plan for a loop
road be implemented if some other compromise could not be reached.
William Webber, Kiowa Ridge property owner, was present. He stated that there is
already an existing problem with traffic on Kiowa Trail. He noted that delivery trucks
use the road to access Mary’s Lake Lodge and stated his concern regarding
increased use of Kiowa Trail if the extension of the road is built.
William Howell, owner of Lot 14, Kiowa Trail, was present. He stated his opposition
to the proposed extension of Kiowa Trail and noted that the incline on Kiowa Trail
encourages traffic to reach speeds of 40 to 50 m.p.h. He stated that he has seen an
increase in traffic on the existing Kiowa Trail in the fourteen months that he has lived
there and expressed his concern about traffic generated by the church and by the
increased development around Mary’s Lake Lodge using the proposed extension as
a nothbound short cut through Kiowa Ridge, a residential neighborhood. He noted
that there are no sidewalks in his neighborhood.
Judy Howell, wife of William Howell was present. She stated her objection to the
proposed extension of Kiowa Trail and her concern that it would be a northbound
thoroughfare. Director Joseph noted that the extension is designed as a sub-local
street: persons using the street would encounter three stop signs rather than the
single left-hand turn required if they used Highway 7. He stated that there will be
traffic “calming” consisting of a pedestrian crossing, including a change in pavement
surface, a “yield to pedestrian” sign, etc. to slow the speed of traffic.
Joe Ford, Kiowa Ridge property owner, was present. He requested alternatives be
considered to building the proposed Kiowa Trail extension. He noted that the loop
road planned in 2000 provided legal access to all the lots. He stated his belief that
the traffic generated by the church would cause major problems, including the back
up of traffic exiting the church and turning on to Highway 7. Commissioner Horton
noted that the church has agreed to provide mitigation.
Jim Tawney, developer of Lot 2 and Outlot A, was present. He stated that there are
not an infinite number of alternatives for construction of the road, noting code
restrictions and limitations caused by the wetlands.
Don DuBai, owner of Mary’s Lake Lodge, was present. He stated that traffic from the
church would use the originally-planned loop road if it was built instead of the
proposed Kiowa Trail extension.
Bob Koehler, developer of The Promontory and Kiowa Ridge subdivision, was
present. He stated that building the loop road behind Mary’s Lake Lodge would
create an eyesore and that the road would be steep and expensive to construct. He
noted that development in the area will still impact the use of the existing Kiowa Trail
and that eliminating the Kiowa Trail extension would not eliminate the problems.
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Estes Valley Planning Commission
December 21, 2004
Chair Homeier closed the public hearing and called a ten-minute recess at 3:15 p.m.
Members of the Planning Commission discussed alternatives to the proposed Kiowa
Trail extension.
It was moved and seconded (Horton/Kitchen) to recommend approval to the
Town Board of Trustees the Rezoning and Preliminary Subdivision, Mary’s
Lake Subdivision, Lots 2, 4, 5, 7, 8, 9, and Outlot A, and the motion passed
with one absent and the following conditions. Those voting for: Kitchen,
Horton, Hix, and Homeier. Those voting against: Pohl and Hull.
REZONING Conditions:
1. Town Board approval of the final subdivision plat for Mary’s Lake
Subdivision Lots 2, 4, 5, and Outlot A.
2. Placement of proposed Lot 7 in a conservation easement prior to final
approval of the rezoning.
3. Rezoning of proposed Lot 6 shall be conditioned on Planning
Commission approval of The Promontory development plan and
development of no more than twenty-two units.
4. Rezoning of proposed Outlot C shall be conditioned on Planning
Commission approval of the Mary’s Lake Lodge revised development
plan and development of no more than six units.
SUBDIVISION Conditions:
I. Plat approval shall be conditioned on comments in the affected agencies
memos, letters and emails referred to in the staff report.
Plat approval shall be conditioned on approval of a variance by the Estes
Valley Board of Adjustment to allow wetlands removal.
The existing nonconforming uses, i.e. the water tank on Lot 8 and shed on Lot
6, shall be addressed in the subdivision improvement agreement, guarantee,
and warranty.
Proposed utility service line locations for Lot 8 shall be reviewed and
approved by staff to determine if any or all of the utilities can be routed along
the shared driveway to the south of the lot rather than cutting into the steep
hillside to the north.
Construction limits of disturbance shall be addressed on the road construction
plan.
Ownership and maintenance of open areas, i.e. Outlot A and Lot 7 shall be
addressed with final plat submittal. The Outlot A maintenance plan shall
address drainage issues such as culvert maintenance and repair.
Geologic hazard and wildfire hazard reports shall be submitted with the final
plat addressing comments in the letters received from the Larimer County
Wildfire Safety Specialist and the Colorado Geological Survey.
A shared maintenance agreement for the pump station shall be submitted for
staff review and approval and recorded with the final subdivision plat.
Construction barrier fencing shall be installed to protect the wetlands when
the sewer line is installed. A note shall be added to the sewer plan stating
this.
10. A detailed drainage plan shall be submitted for review and approval with the
final subdivision plat.
II. Approval of this subdivision shall be conditioned on construction of required
Highway 7 road improvements and road improvements internal to the
subdivision.
12. Any proposed road reimbursement agreement shall be submitted with the
final plat application for review and approval.
13. A private access and maintenance agreement for the Lot 5 access easement
shall be submitted with the final plat application for staff review and approval
and recorded with the subdivision plat.
2.
3.
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5.
6.
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9.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21,2004
14. An access and maintenance agreement for the Lot 7 access easement shall
be submitted with the final plat application for staff review and approval and
shall be recorded with the final plat.
15. Access easement and maintenance agreements shall be submitted for Kiowa
Court and the shared driveway to Lot 8 with the final subdivision plat
application for staff review and approval and shall be recorded with the final
subdivision plat.
16. Access to Outlot C from the Kiowa Drive right-of-way that terminates at Outlet
C shall be prohibited and a note shall be added to the plat stating this. Access
to this lot shall be through Lot 3 and an access and maintenance easement
agreement shall be submitted for staff review and approval with the final plat
application and shall be recorded with the final pat.
17. Approval of development plans on Lots 2 and 4 shall be conditioned on
building design that does not result in long, blank walls facing a street.
18. Road construction plans shall show curb and gutter.
4. DEVELOPMENT PLAN 04-12, BEAVER BROOK, LOT 2, SPANIER SUBDIVI
SION, AMENDED LOT 6 & A PORTION OF E 1/2 OF THE NE 1/4 OF SECTION
34, 5N, R73W OF THE 6th P.M., 1738 Highway 66, Applicant: New Spall, LLC
Planner Shirk reviewed the staff report. This is a request for a development plan to
build twenty multi-family residential units, dispersed throughout five tri-plexes, one
four-plex, and one manager’s unit. He noted that the development will consist of
apartments rather than condominiums. The plan also calls for a laundry/storage
building. The site has a burial ground located in the middle of it; this is not owned by
the applicant and will remain. Beaver Brook flows through the property. The
applicant proposes to maintain it in a natural state and locate units such that the
majority of them will have access to the stream; the remainder of the units, save the
manager’s quarters, will have frontage on the Big Thompson River.
This property is in the “A” zoning district which allows for both residential and
accommodations use. The required setbacks will be met. The maximum allowed
density for this lot is nineteen multi-family units. The manager’s quarters are allowed
as additional density so long as a deed restriction is recorded. The “A" district allows
a maximum impervious coverage of 50%. In this case, the building footprint and
paved areas total 43.63%. Table 4-8 of the Estes Valley Development Code (EVDC)
requires provision for interconnections with existing or planned trails, as well as a
requirement for sidewalk construction. The applicant proposes internal sidewalks,
with a connection crossing Beaver Brook. Section 7.2 of the EVDC applies to this
proposal. Significant trees to be preserved will be fenced for protection in
accordance with Section 7.3.E. In addition, silt fences will be installed to protect
Beaver Brook and the Big Thompson. It is the staffs opinion that these measures
are sufficient. All disturbed areas will need to be restored in accordance with Section
7.2.C, “Restoration of Disturbed Areas.’’
This proposal meets landscaping requirements. Staff recommends additional trees
be planted between the parking lot and Highway 66 and the applicant has submitted
a landscape plan detail sheet addressing this. The proposed development will be
subject to lighting standards set forth in Section 7.9, which requires exterior lighting
be shielded and downcast. The proposed twenty units require forty-five parking
spaces; the proposal satisfies the parking requirements. Public facilities will need to
be either installed or guaranteed before issuance of the first building permit. A Traffic
Impact Analysis (TIA) was prepared for this proposal and submitted to Larimer
County Engineering and CDOT for review and comment. The realignment of the
entry directly across the highway from Mills Drive aids in the traffic flow for this
proposal. The applicant proposes to connect to an existing Upper Thompson
Sanitation District main. The southern stormwater quality basin should be
redesigned to not interfere with the existing sanitary sewer.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004
This request has been submitted to all applicable reviewing agency staff for
consideration and comment. Comments from the Estes Park Public Works
Department will be included as conditions of approval. Town Attorney, Greg White,
noted that if the applicant does not wish to detain the additional stormwater runoff,
the adjoining neighbor will need to enter into a written agreement. Rocky Mountain
National Park requested that the project utilize the Spur 66 Corridor Management
Plan performance guidelines to the extent possible and the site design satisfies
several of the performance guidelines.
Paul Kochevar, representing New Spall, LLC, the owners of property, was present.
He stated that the owners are in agreement with the staff conditions.
Public Comment:
Sue Lamb, owner of the adjacent property to the west. Skyline Cottages, was
present. She stated that she would like a gate or other access through the fence that
adjoins their properties.
It was moved and seconded (Kitchen/Hull) to approve Development Plan 04-12,
Beaver Brook, Lot 2, Spanier Subdivision, Amended Lot 6 and a Portion of E !4
of the NE V*. of Section 34, T5N, R73W of the 6th P.M. with the findings and
conditions recommended by staff, and the motion passed unanimously with
one absent, one abstention, and the foiiowing conditions. Commissioner Pohl
abstained from voting.
1. The memos from Ron Witt to Dave Shirk dated December 7, 2004 and from
David Brand dated December 3, 2004 should be incorporated as a condition
of approval. This requires revisions to the development plan to keep the area
between units 16 and 17 free and clear of improvements (bike rack, light
fixture), and the sidewalk in that area shall be a minimum of 8” thick. In
addition, the southern stormwater quality basin shall be redesigned to not
interfere with the existing sanitary sewer.
2. Compliance with Estes Park Public Works memo dated December 17, 2004.
3. Construction Plans shall be reviewed and approved by Estes Park Public
Works and Larimer County Engineering prior to issuance of the first building
permit. These shall include utilities, drives and retaining walls, erosion control
plans and root protection, and the postal cluster box.
A landscaping cost estimate shall be submitted and approved prior to
issuance of the first building permit.
A 20-foot-wide trail easement shall be dedicated along Highway 66 through a
separate instrument prior to issuance of the first certificate of occupancy.
A deed restriction for the manager’s quarters shall be recorded, and a copy
submitted to Community Development, prior to issuance of a certificate of
occupancy for that unit.
The landscaping plan shall be amended to include additional trees along the
highway, as proposed with the document faxed from Estes Park Surveyors to
David Shirk on December 14, 2004.
The adjoining neighbor shall enter into a written agreement to allow additional
stormwater to cross their property. A copy of this agreement shall be
submitted before issuance of the first building permit.
4.
6.
8.
5. PRELIMINARY CONDOMINIUM MAP, BUGLE POINT, LOT 3 AND LOT 4, BLOCK
4, FALL RIVER ESTATES, 1516 Fish Hatchery Road & 1480 David Drive,
Applicant: Jim Randy Company, Inc.
Director Joseph reviewed the staff report. This is a preliminary condominium map
application to condominiumize sixteen residential/accommodations units on Lot 3,
Block 4, Fall River Estates and 22 residential/accommodations units, an
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21,2004
8
office/laundry building, and a recreation building on Lot 4, Block 4, Fall River
Estates. Development Plan #99-04 for Lot 3 and Development Plan #99-05 for Lot 4
were approved by the Estes Park Planning Commission on April 20, 1999 and
existing units have been built in accordance with these development plans. Between
2000 and 2002, the property owner recorded condominium maps and declarations
for these lots without the required Town review and approval. When staff became
aware of this. Town review and approval of the condominium maps were required.
The applicant proposes dedication of a trail easement on Lot 3, dedication of
“pocket” parks easements on Lot 3, dedication of a trail easement on Lot 4, and
construction of trail on Lot 4, with the exception of the portion of the trail that will
cross Fall River. In return for dedication of the “pocket” parks, the Town would
construct trail on Lot 4 and the section of trail on Lot 3 that crosses Fall River. Town
staff recommends accepting this proposal. The applicant has proposed an eight-
foot-wide trail on Lot 4. Staff may require the width to be increased to ten feet. Any
approvals required by the United Methodist Church of Estes Park for these
easements should be obtained by the applicant.
This request was submitted to all applicable reviewing agency staff for consideration
and comment. All letters and memos submitted by reviewing agency staff were
incorporated as staff findings. This request has been submitted to neighbors and
condominium unit owners on Lots 3 and 4, Block 4, Fall River Estates for
consideration and comment. No comments were received.
Greg Sievers, Estes Park Public Works, presented comments from his memo dated
December 17, 2004.
Paul Kochevar of Estes Park Surveyors and Engineers, was present to represent the
applicant. He stated that the applicant is in agreement with the staff conditions and
requested the opportunity to work with staff on the details of Mr. Sievers’ memo.
Public Comment:
None.
It was moved and seconded (Pohl/Horton) to recommend approval to the Town
Board of Trustees the Preliminary Condominium Map, Bugle Point, Lot 3 and
Lot 4, Block 4, Fail River Estates, and the motion passed unanimously with
one absent and the following conditions.
1. All problems identified by the Town with the final condominium maps shall be
corrected prior to issuance of certificates of occupancy for new units on Lot 4.
2. Drainage problems, i.e. erosion, between units and where culverts daylight
near the river shall be corrected prior to issuance of certificates of occupancy
for units on Lot 4.
3. The location of the trail easements and proposed trail design shall be shown
on the preliminary condominium map and the easements, including the park
easement, shall be dedicated prior to issuance of certificates of occupancy for
new units on Lot 4. The location of the easements, including park easements,
shall be reviewed and approved by staff and trail design shall be reviewed
and approved by staff. Any approvals required by the United Methodist
Church of Estes Park to allow dedication of these easements shall be
obtained by the applicant.
4. Ten-foot-wide utility easements shall be dedicated along all property lines
prior to issuance of certificates of occupancy for units on Lot 4.
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Estes Valley Planning Commission
December 21, 2004
9
5. As needed, staff shall withhold building permits and inspections for any
projects developed by Randy Collins to ensure that progress is being made to
address these conditions.
6. All problems identified in the Public Works memo dated December 17, 2004
shall be addressed with staff.
DEVELOPMENT PLAN 04-13, HENRY DEVELOPMENT PLAN, LOT 51 A, 2ND
AMENDED PLAT OF LOT 3 CANAIY SUBDIVISION, AND A PORTION OF LOT
51, GRAND ESTATES SUBDIVISION, 1690 Big Thompson Avenue, Applicant:
PT Properties, Inc.
Director Joseph reviewed the staff report. This is a development plan application to
construct a 5,765-square-foot, two-story office building to accommodate
Cornerstone Engineering and Surveying and Basis Architecture’s offices and to
construct a 1,079-square-foot, one-story banquet hall addition and a 256-square-foot
deck addition on the south side of Hunter’s Chop House restaurant. Both uses are
permitted in the “CO" Outlying Commercial zoning district. The development plan is
consistent with the policies, goals and objectives of the Comprehensive Plan.
The Estes Valley Development Code, Section 4.4D.2.a, requires that the main
entrance of all buildings in the CO district shall face the highway. Given the existing
lot shape and building location, it is not possible for the new building to meet this
requirement and also have a functioning parking layout. The existing accesses do
not meet Code requirements for the number or spacing of driveways. Only one
driveway access is permitted for lots less than 200 feet wide; there are currently two
driveways. Also driveways are required to be spaced at least 200 feet apart. The
applicant has redesigned and improved access to become as Code compliant as
possible. Due to the narrowness of the lot, the driveway spacing requirement cannot
be met; there is another driveway less than 250 feet away to the east. However,
reducing the number of driveways from two to one and shifting the remaining
driveway to the east does move closer towards Code compliance. The Colorado
Department of Transportation strongly supports the proposed access consolidation.
There are no access points on the north side of Highway 34 with which this driveway
will need to align. Staff supports limitation to one access.
Staff is concerned that there may be insufficient on-site parking if both the proposed
office building and restaurant expansion are constructed. Staff recommends that a
note be added to the development plan stating that if, after construction of the office
building, staff determines there is insufficient on-site parking to accommodate the
restaurant expansion, a permit will not be issued for the expansion until a plan is
approved by staff addressing parking, e.g. an off-site parking plan.
This request has been submitted to all applicable reviewing agency staff for
consideration and comment. All letters and memos submitted by reviewing agency
staff were incorporated as staff findings. This request has been submitted to
neighbors for consideration and comment. No comments were received.
Steve Lane of Basis Architecture, the applicant, was present. He stated that he feels
the two uses of the property will be complimentary.
Public Comment:
None.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004
10
It was moved and seconded (Horton/Hix) to approve Development Plan 04-13,
Henry Development Plan, Lot 51 A, 2nd Amended Plat of Lot 3, Canaiy
Subdivision, and a Portion of Lot 51, Grand Estates Subdivision, and the
motion passed unanimousiy with one absent and the foliowing conditions.
1. If staff determines that after construction of the office building there is
insufficient on-site parking to accommodate the restaurant expansion, a
permit will not be issued for the expansion until a plan is approved by staff
addressing parking, e.g. an off-site parking plan. A note shall be added to the
development plan addressing this.
Fifty-three parking spaces are shown on the development plan. The
development plan notes stating, “Total Provided 54” and “51 Spaces
Proposed” shall be corrected.
The landscaping calculations shall be corrected to show forty-two trees and
109 shrubs.
4. A copy of the CDOT access permit, if required by CDOT, shall be submitted
prior to final development plan approval.
Note #8 concerning compliance with the handicapped-accessibility
requirements in the I.B.C. shall be revised to state compliance with the Town
Building Code.
Compliance with Estes Park Public Works memo dated December 17, 2004.
2.
3.
5.
6.
7. PRELIMINARY CONDOMINIUM MAP, HENRY DEVELOPMENT PLAN, LOT 51A,
2ND AMENDED PLAT OF LOT 3 CANAIY SUBDIVISION, AND A PORTION OF
lot 51, GRAND ESTATES SUBDIVISION, 1690 Big Thompson Avenue,
Applicant: PT Properties, Inc.
Planner Joseph recommended that the Henry Development Plan 04-13 also serve
as the preliminary condominium map, conditioned on approval of Development Plan
04-13, because the preliminary condominium map requires compliance with the
same adequate public facilities standards with which the development plan must
comply.
Public Comment:
None.
It was moved and seconded (Horton/Hix) to recommend approval to the Town
Board of Trustees of the Preliminary Condominium Map, Henry Development
Plan, Lot 51 A, 2n Amended Plat of Lot 3, Canaiy Subdivision, and a Portion of
Lot 51, Grand Estates Subdivision, and the motion passed unanimously with
one absent and the following conditions.
1. Cornpliance with Henry Development Plan #04-13 conditions of approval.
2. Dedication of ten-foot utility easements along the northern property line and a
five-foot utility easement along the southern property line.
8. ESTES VALLEY DEVELOPMENT CODE CHANGES
Planner Shirk reviewed Item #2 of the proposed changes to the Estes Valley
Development Code. This item relates to Section 3.14, Neighbor Notification; the
change would require notification of all landowners within 500 feet of the subject
property, expanding the boundary from the current 100 feet. It was determined that
item #1 was ineligible for review due to lack of legal publication.
Public Comment:
None.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 21, 2004 11
U was moved and seconded (Pohl/Horton) to recommend to the Town Board of
Trustees and the Board of County Commissioners acceptance of changes to
Block 7, Section 3.14 of the Estes Vaiiey Development Code, and the motion
passed unanimously with one absent.
9. REPORTS
Shir,kofpo^®d °n the staff-level review of the YMCA Mountainside Lodge
rS?n thenLnnvna?4'11f’,hhl!:h.JWaS apProved staff- The development plan will
result in the reriovation of the lodge and installation of a water line. Comments were
heard frorn Matilda Ashland on behalf of adjacent property owner, Joan Foot as well
thefre:sSoMrPerty °T!r’ Bryan Michener- Bothyexpressed^ncem ^bout
the springTil'thS IrL 3 P°SSibili,y °f ‘he Water line installa,ion disruP«n9
There being no further business, meeting was adjourned at 4:55 p.m.
Richard Homeier, Chair
'Julj^Roed^r^r, Rewrdihg Secretary"