HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2004-04-20RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
April 20, 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 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
Commissioners Amos, Haggard and Hix
Chair Homeier called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
a. Estes Valley Planning Commission Minutes dated March 16, 2004.
b. PRELIMINARY CONDOMINIUM MAP, SUNDANCE CONDOMINIUM
DEVELOPMENT, TRACT 69B OF THE FIRST REPLAT OF TRACT 69, FALL
RIVER ADDITON, Sierra Sage Lane, Applicant: Brian Murphy LLC.
1. Inclusion of a statement about rock fall hazards in the condominium
declaration and/or map.
It was moved and seconded (Pohl/Horton) that the Consent Agenda be
accepted and it passed unanimously with 3 absent.
2. PUBLIC COMMENT
None.
3- PLAT 0F L0T 10A OF THE AMENDED PLAT OF LOT 1 AND LOT 10
BLOCK 3, AND LOTS 1, 2, & 3, BLOCK 2, LARIMER TERMINALS SUBDIVISION’
Intersection of Elm Road and Kenwood Lane, Applicant: South Bend
Development, LLC.
This item was continued from the March 16, 2004 meeting. Doug Klink stated that
all issues have been worked out with the neighboring property owners
Commissioner Kitchen abstained due to a conflict of interest.
Public Comment:
None.
It was moved and seconded (Horton/Pohl) to recommend approval to the Board
of County Commissioners the Amended Plat of Lot 10A of the Amended Plat
Subd vJsfon i°.h ?h Blr° nk 3-and Lots 1’ 2’ and 3' Block 2' Larim®r Terminals
fhrofTJ , !?Jhe follo.w,ng eondtt'ons and it passed unanimously with
three absent and Commissioner Kitchen abstaining. y
1. A 1/8 inch cross hatch border shall be placed around the perimeter of the
subdivision.
2. The utility easement shall be clearly marked as such.
4' & M,N0R SUBDIVISION, BIGHORN AT SPRUCE SUBDIVISION A
eSark ,L,07I- I2 & :2’ blaock 10’ 2ND amended plat town
Di s ou-I ’ 221 B|9horn Dr,ve« Applicants: David & Susan Habecker.
Planner Shirk reviewed the staff report. This is a request for a rezoning and minor
subdivision for property located at the southwest corner of Big Horn Drive and
Spruce Avenue. The rezoning request is to rezone the property from “RM” Multi-
hamily to R Residential. The subdivision request is to divide the single lot into
three to allow an additional two single-family dwellings to be built. Access would be
from the existing drive, which would be paved. A concrete sidewalk would be
provided around the perimeter, and this would include a new concrete curb system.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
Aprii 20, 2004
New service lines would need to be installed, and an existing water service line
relocated. The proposal includes building envelopes that will preserve several trees
on the site. Drainage will be controlled with a pair of berms, one located at the
northwest corner and one located at the southeast corner. No significant issues or
concerns were expressed by reviewing agency staff relative to code compliance or
the provision of public services.
Amy Plummer of Van Horn Engineering was present to represent the owner. She
stated the owners are in agreement with the staff conditions.
Public Comment:
Kimber Van Horn, 226 Big Horn Drive, spoke in favor of the proposal.
It was moved and seconded (Horton/Kitchen) to recommend approval to the
Town Board of Trustees the Rezoning and Minor Subdivision, Bighorn at
Spruce Subdivision, A Portion of Lots 22 & 12, Block 10, 2nd Amended Plat,
Town of Estes Park with the following conditions, and the motion passed
unanimously with three absent.
1. The plat shall not be placed on the Town Board agenda until a cost estimate for
all required improvements has been approved by Public Works.
2. All required improvements (including but not limited to final construction plans,
utility installation and relocates, drainage improvements, sidewalk and curbing,
driveway paving and crosspan, vegetation restoration, driveway and
stormwater maintenance agreement, as-built plans, monumentation, warranty)
shall be guaranteed with an improvement guarantee and letter of credit prior to
recording of the plat.
3. Compliance with memo from Public Works to Dave Shirk dated April 1, 2004
(except note #4, #5, and #6) and the stormwater management plan shall be
approved by Public Works.
4. A shared service agreement shall be established for Lots 1 and 3 prior to
sanitary sewer service to Lot 3.
5. A licensed engineer shall stamp the stormwater management plan.
5. PRELIMINARY CONDOMINIUM MAP, IDLEWILDE BY THE RIVER
CONDOMINIUMS, LOT 14 OF AMENDED PLAT OF LOT 13 & 14 AND PORTION
OP lot 15, GREELEY-BOULDER COLONY, 2282 Highway 66, Applicant:
Mercier-Westmorland, LLC.
Planner Chilcott reviewed the staff report. This is a preliminary condominium map
application to condominiumize fourteen existing cabins. The property is zoned “A”
Accommodations/Highway Corridor and the current uses are accommodations, i.e.
ternporary lodging with average stays of less than thirty days, and seasonal
residential. Some of the structures are nonconforming as to setbacks, including
property line and river setbacks. Some units are also partially within the 100 year
flood plain. The property may also be nonconforming to use since seasonal
residential use occurs. The lot is nonconforming as to density. Expansions/additions
of nonconforming structures will require variance approval which may or may not be
granted. Staff recommends some parking lot redesign. Since the units already exist
and no change of use is proposed there will be no significant impact on the existing
transportation levels of service. Staff does not recommend platted limits of
disturbance on this map. This map shows dedication of a twenty foot wide access
easement along the CO Highway 66 property line. Water line upgrades, a new fire
hydrant, and upgrades to the sewer service are proposed to comply with the
adequate public facilities requirements in the Estes Valley Development Code.
Chair Homeier called a recess at 1:56 p.m. Meeting resumed at 2:00 p.m.
Lonnie Sheldon of Van Horn Engineering was present to represent the applicants.
He stated the applicants are in agreement with staff conditions.
Public Comment:
None.
RECORD OF PROCEEDINGS
2.
3.
4.
Estes Valley Planning Commission 3
April 20, 2004
It was moved and seconded (Kitchen/Horton) to recommend approval to the
Board of County Commissioners the Preliminary Condominium Map, Idlewilde
by the River Condominiums, Lot 14 of Amended Plat of Lot 13 & 14 and
Portion of Lot 15, Greeley-Boulder Colony, 2282 Highway 66 with the following
conditions and it passed unanimously with three absent.
1. Compliance with Greg Sievers’ Engineering comment #2 in his April 1, 2004
memo which states “Show and provide a Stop sign at highway intersection.”
Compliance with Greg White’s comments #2 & #3 in his March 31, 2004 memo.
Compliance with Scott Dorman’s comments in his April 12, 2004 email.
Compliance with David Brand’s comments in his March 25, 2004 letter.
5. Compliance with Roxann Mackenzie Hayes comments concerning “Drainage
and Flood Plain Issues” in her April 5, 2004 letter.
6. A note shall be added to the map stating that approval of the map does not
affect the nonconformity of the structures located on the premises with regard
to setbacks, use and/or density.
7. The trees to be removed as a result of parking lot paving shall be shown and
replacement trees provided in accordance with EVDC §7.3 Tree and
Vegetation Protection. Tree location shall be approved by staff.
Animal proof trash containers shall be provided prior to recordation of the final
map.
9. The parking lot shall be striped and proposed wheel stops shall meet the
requirements in Estes Valley Development Code Section 7.11.0 and
dn !jJndlcaPPed parking shall be provided as required by accessibility laws
10. The parking lot design shall be modified by increasing the parking aisle width
frorn sixteen feet to twenty-four feet to the southwest of Unit 12, narrowing the
parking lo width between near Units 12 and 13 where the parZ lot is
UnitTtJI1fliie y tfurty'tW0/elft Wlde’ and redesigning the parking spaces near
lot Hp h'A||the Car^S t0 Sack 0Ut of the Parkin9 spaces more easily. Parking
lot design shall be reviewed and approved by staff ^ y
112 Th,;0PhL»LvewCeSSwPermi!Sha."be submitted prior to recordation of the map.
12. The twenty foot wide pedestrian access easement shall be chanqed to a
norimotorized public access easement and the dedication statement9shall be
revised to include dedication of this easement
13. A revised preliminary water plan was submitted that requires review and
nenTrt3 by, To,Wn Water Department and the Estes Park Volunteer Fire
epartment. The plan shall be revised to cleariy identify sizes for all proposed
8.
14 ThoemPp?rSaanTtaZ Dist" Sha" ^ " 3nd appraVed tba UPP-
15'bytteff00t boundaries of the condominium units shail be revised and approved
7- “%M^r4TspELc^VN4ir“ NwAvenue. Applicant: Dallman Construction TH P'M" 1985 Moraine
h,'^iHn!LShirk reviewedJtha staff report. This is a request for a development plan to
d eleven accommodation units (five duplexes, one single) The site has river
.lhet^X]Sl]n9- POnd is t0 be filled‘n- A variance to allow the drivfr^^^^
Rnf!Hd Ta!? thf recluired landscaping buffer area was granted by the Estes Valiev
appli^cable^etbat^endensitJUenria■y, Apri' 6’ 20°4- The proposal corTiPlies with
dppiicaoie setoack, density, and impervious coverage reguirements staff vA/nninsupport waiving the sidewalk requirement if the a9ppS dStes a 10 foirl
pedestrian trail easement along the river. Limits of disturbance shall be designated1
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 4
Aprii 20, 2004
A fire hydrant is proposed and will be installed in the first phase of development.
The applicant has proposed a name change to the “Rambling River” development.
This review does not include review of a condominium map, which will be required
before individual sale of the units.
Commissioner Pohl stated he had concerns regarding the filling in of the pond.
Planner Shirk advised that the Corp of Engineers is in full support of filling in the
pond.
Lloyd Morris of Cornerstone Engineering was present to represent the applicant. He
stated that several of the conditions of approval have been addressed and they have
no concerns regarding the remaining conditions.
Public Comment:
None.
It was moved and seconded (Kitchen/Pohl) to approve Development Plan 04*03,
River Bend on the Spur, Portion of NW 1/4 of SE 1/4 Section 34, T5N, R73W of
the 6th P.M., 1985 Moraine Avenue with the following conditions and it passed
unanimously with three absent.
I. The memo from Ron Witt to Dave Shirk dated March 22, 2004 shall be
incorporated as a condition of approval.
The memo from Public Works (except note #2) to Dave Shirk dated April 2,
2004 shall be incorporated as a condition of approval.
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.
4. A landscaping cost estimate shall be submitted and approved prior to issuance
of the first building permit.
5. A 10 foot wide trail easement shall be dedicated along the river through a
separate instrument prior to issuance of the first certificate of occupancy.
6. Copies of applicable federal permits shall be submitted with building permit
applications.
7. The name shall be changed to “Rambling River”.
8. The postal cluster box shall be located outside of the 25 foot landscaoinQ
buffer. K a
9. Landscaping calculations shall be included on the landscaping plan.
10. The roadway intersection radius shall be 25 feet and shown on the
development plan.
II. The grading plan shall include details of silt fences, and shall be stamped by a
licensed engineer.
12. The driveway width shall be labeled.
13. References to Duplex units less than ..." should be removed from the density
calculation on the cover sheet, and replaced with “6,750 square feet/duplex
unit, and 9,000 per single unit.”
14. The proposed eleven units will require twenty-five parking spaces; the cover
sheet shall be amended accordingly.
2.
3.
8. DEVELOPMENT PLAN 04-04, RIVER'S EDGE CONDOMINIUMS, NW 1/4 OF SE
16, T5N, R73W, OF THE 6TH P.M., 1605 Fish Hatchery Road,
Applicant: Dallman Construction.
Planner Shirk reviewed the staff report. This is a request to build twelve
residential/accommodation units on an “A-1” zoned lot. The lot has river frontage
and contains numerous trees and shrubs. This proposal complies with the density,
setback, impervious coverage, and floor area ratio standards for the “A-1” zone
district. Staff would support waiving the sidewalk requirement if the applicant
dedicates a 25 foot trail easement along the Fish Hatchery Road right-of-way. Limits
of disturbance will be designated. The applicant proposes one fire hydrant which will
be installed with the first phase of development. The water department has
requested a 20 foot wide easement to be centered on the proposed water main.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 5
Aprii 20, 2004
Approval of the plan should be contingent upon acceptance of the easement by
Public Works. This review does not include review of a condominium map, which
will be required before individual sale of the units.
Lloyd Morris of Cornerstone Engineering was present to represent the applicant. He
stated they have been communicating with the Water Department as well as the
property owner to the east regarding the water line easement. The neighboring
property will be developed and would also benefit from the water line. The applicant
is in agreement with the staff conditions of approval.
Public Comment:
Barbara Pratt, 1160 Fairway Club Circle, was present to represent the Ward Family
Trust. She stated that the family does not have any plans to develop their adjacent
property. The family would like to request that a fence or a landscaped buffer be
installed to discourage individuals from wandering onto their property.
Phyllis Claunch, 2840 Fall River Road, stated she has several concerns regarding
the development. She would like to see them preserve as many trees and keep the
lighting to the minimum. She is concerned about the number of trees that will be
lost.
Comrnissioner Pohl stated that lighting is addressed in the Code and he hopes that
this will address the neighbors concerns.
Commissioner Kitchen stated she could see how individuals living within this
development could easily wander onto the neighboring property. Planner Shirk
St?ied.ttl.at a fence less than 40 inches tal1 could be placed along the property
without the need for breaks. Commissioner Horton stated that perhaps a split rail
fence would be appropriate to identify the property line.
Director Joseph advised that staff did identify alternative site layouts that would
preserve more of the existing vegetation. Each of these layouts presented
™^a CrPr0TeS t0 the devel°Per- This P|an is a compromise to preserve
retu™to IhVdeveloper.^ Ve9e,ati°n 88 P0SSib'e 3nd ,0 maXimiZe the eConomical
f"lCeLaIITan’.aKPP,iCant' Stated there are a number Of trees that buffer this property
rlTinhh^^ neighboring property. He does not want a fence; however if the
neighboring property owners would like a fence, he would split the cost with them.
(P°hl/Horton) to approve Development Plan 04-04,
Sh P M p0nh0umln,uUmS,BNW 1/4 0f SE 1/4 Section 16' T5N> R73W, of the
6th P.M., 1605 Fish Hatchery Road with the following conditions and it passed
unanimously with three absent. ”
1. The memo from Ron Witt to Dave Shirk dated March 24, 2004 shall be
incorporated as a condition of approval.
2‘ Irn>imunrI.0ufrC?m Public Works (excePt note #4) to Dave Shirk dated April 1
2004 shall be incorporated as a condition of approval.
3. Construction Plans shall be reviewed and approved by Estes Park Public
a^? Lanma:i 9oanty Engineering prior to issuance of the first building
a IheSf Shf V C Ude L,t,l,t,es- drives and retaining walls, erosion control
plans and root protection, and the postal cluster box.
4. Acceptance of a water line easement by Public Works prior to issuance of the
Tirst building permit.
5. A landscaping cost estimate shall be submitted and approved prior to issuance
Of the first building permit.
6’ I.he Pr0*308601 R0W and a 25 foot wide trail easement shall be dedicated
through a separate instrument prior to issuance of the first certificate of
occupancy.
7. Copies of applicable federal permits shall be submitted with building permit
applications. a H
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 6
April 20, 2004
8. The landscaping calculations shall be included on the landscaping plan.
9. The grading plan shall include details of silt fences, and shall be stamped by a
licensed engineer.
10. The roadway intersection radius shall be 25 feet and shown on the
development plan.
9. FIRE DISTRICT & SERVICE PLAN
Town Attorney White stated that in 2003 the Town Board formed a Fire District
Action Team to explore the possiblity of a Fire District for the greater Estes area.
The process to form a Fire District under State statue began in January of 2004.
Attorney White reviewed the process and the service plan. He advised that 80
percent of the current funding for the Volunteer Fire Department comes from the
Town General Fund with 20 percent obtained through donations and fundraising. If
approved, the Fire District would then be funded through a mill levy of 3.5 mills and
the Town would no longer be financially involved with the Fire Department. Without
the Fire District there is the possiblity that the Town of Estes Park may not provide
fire protection for the County properties. The Action Team requests that the
Planning Commission forward this proposal and service plan to the Board of County
Commissioners.
Public Comments:
None.
Commissioner Kitchen questioned what types of improvmements we might see with
the Fire District. Fire Chief Dorman stated there might be furture stations in the
outlying areas and the ability to budget for new equipment. The Fire Department will
continue to offer the wide range of services that they currently provide.
It was moved and seconded (Horton/Kitchen) to recommend approval to the
Board of County Commissioners the establishment of a Fire District and it
passed unanimously with three absent.
1. The applicant shall address the concerns of the Commission, staff (as identified
in this report and that arise during additional review and analysis) and referral
agencies prior to the final decision of the Board of County Commissioners.
2. The plan shall meet the minimum requirements of State statue regarding the
formation of a new special district.
10. REPORTS
Commissioner Pohl acknowledged that tomorrow is Administative Professionals
Day. He would like the Commission to recognize the administrative professional
services they receive from Jackie Williamson as being extremely competent.
Planner Shirk and Planner Chilcott reported on the recent Board of County
Commissioner and Town Board actions. Planner Chilcott also reported on a staff
level review for bumper boats at the “Fun Trax” which will be completed today.
Director Joseph reported that the processing schedules have been updated for the
Planning Commission and Board of Adjustment. Theses changes to the processing
schedule were made to meet the current language in the code. He also advised he
will be attending the next Board of Realtor meeting to discuss the timing of
condominium closings. To that end. Director Joseph is working with Town Attorney
White to streamline the supplemental condominium map process.
There being no further business, meeting was adjourned at 3:16 p.m.
Richard Homeier, Chair
iqudlyn Williamson, Recording Secretary