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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2005-06-21RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 21, 2005,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Attending: Also Attending: Absent: Chair Joyce Kitchen, Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Bill Horton, Betty Hull, and Edward Pohl Commissioners Amos, Eisenlauer, Hix, Hull, and Pohl Director Joseph, Planner Chilcott, Planner Shirk, Town Board Liaison Homeier at Study Session, and Recording Secretary Roederer Chair Kitchen, Commissioner Horton, Town Attorney White Acting Chair Pohl called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated May 17, 2005. It was moved and seconded (Amos/Hull) that the Consent Agenda be accepted, and the motion passed unanimously with two absent. 2. PUBLIC COMMENT None. 3. MINOR SUBDIVISION PLAT, KENDALL CANYON RANCH ESTATES, Metes and Bounds, 1915 Dry Gulch Road, Applicant: Del and Judy Kendall Planner Shirk reviewed the staff report. This is a proposal to subdivide a 41.64-acre parcel into four single-family lots and two non-buildable outlots. The property was formerly used for the Lazy B ranch, which will be discontinued with this subdivision. The site has a moderate southeast-facing slope, contains a variety of buildings that were used by the Lazy B ranch, and is currently served by well and septic systems. The proposed new lots will be served by public facilities, while the existing dwelling on proposed Lot 1 will continue to be served by the well and septic. The property is zoned RE-1, Rural Estate, which requires 10 acres of land area per lot. This proposal is for a four-lot subdivision, which meets the density calculation require­ ments. Section 4.3.D of the Estes Valley Development Code requires that all residential subdivisions containing five or more units set aside 30% of the land area for private open space in the RE-1 zoning district. Although open space is not required for this minor subdivision, the applicant proposes a 30% reduction in lot size from ten acres to seven acres, resulting in the creation of two outlots totaling nine acres. The applicant proposes to retain ownership of the open-space lots, which is allowed under the EVDC. In accordance with Section 7.4.G, these lots will be subject to a deed restriction to ensure they are not used as building sites or assimilated into Lot 1 for any potential future subdivision. The property currently exceeds the maximum cumulative square footage of accessory buildings allowed, which is 18,056 square feet, and is non-conforming as RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21, 2005 to accessory buildings, having outbuildings that total 24,805 square feet, applicant proposes to remove several small accessory buildings. The There are currently four dwellings located on proposed Lot 1. The applicant proposes to remove the kitchens from two of those structures, keep the third as a guest house, and use the fourth as their residence. Although proposed Lot 1 does not have enough land area to allow an accessory dwelling unit, it is the staff’s opinion that the existing dwellings the applicant proposes to maintain should be considered legally non-conforming. The existing guest house should be deed restricted to ensure it will not be rented or used separately from the main house. The applicant proposes to re-align the existing drive connection so the drive will enter Dry Gulch Road at a right angle. In addition, the developer will pave the driveway past the “Y” in the drive, which will increase safety and reduce erosion onto Dry Gulch Road. A driveway maintenance agreement will be recorded with the plat. Additional right-of-way has been dedicated on the east side of Dry Gulch Road. The applicant has proposed building envelopes to establish limits of disturbance. Compliance with tree and vegetation root-protection standards for the installation of utilities and drives will be required. An existing water main is located along the eastern side of Dry Gulch Road; service lines will be extended at the time of construction. Pursuant to comments received from Fire Chief Dorman, an additional fire hydrant should be installed. Underground electric infrastructure will be installed at the developer’s expense. An existing sanitary sewer main is located along the western side of Dry Gulch Road; service lines will be extended to proposed lots 2, 3, and 4 at the time of construction and the disclosure notice should include this information. Lot 1 will continue using the existing septic system. If this system should fail. Lot 1 will be required to connect to the Upper Thompson Sanitation District. An easement through proposed Lot 3 has been dedicated to allow for future sanitary sewer connection. The submitted stormwater management plan has been reviewed by the Larimer County Engineering Department, which requested clarification but approved the general concept. Planner Shirk noted that the Planning Commission must find that approval of this minor subdivision will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the Estes Valley Development Code. The plat includes a twenty-five-foot-wide trail easement along the eastern property line, which will help facilitate the implementation of the Estes Valley Trails plan. Planning staff also recommends that twenty-five-foot-wide trail easements be dedicated along the southern and western property lines, which could provide an eventual “halfway point” connection back to the Devil’s Gulch Road/Dry Gulch Road portion of the proposed trails plan. Planner Shirk noted that the applicant would like to contend this staff recommendation. This request has been submitted to all applicable reviewing agency staff and to adjacent neighbors for consideration and comment. Comments were received from the Larimer County Engineering Department and Town Attorney Greg White. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. The Colorado Division of Wildlife made comments regarding wildlife damage to landscaping, fencing dangers to wildlife, bears and garbage, and danger to domestic animals. These comments should be included in the disclosure notice. The North End Property Owners’ Association provided a letter in support of the request. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21, 2005 Public Comment: Amy Plummer of Van Horn Engineering and Surveying was present to represent the appiicant. She stated that she had discussed the location of the additional fire hydrant with Fire Chief Dorman and had provided a revised ISO map to planning staff. The applicant wishes to allow for an accessory building of up to 800 square feet to be built on each of lots 2, 3, and 4 to provide lot owners the opportunity to build a small horse barn on their property. She stated the applicant’s objection to the twenty-five-foot-wide trail easement across the western and southern portion of the property. The applicant, Del Kendall, addressed the Commission, stating he has already removed some of the accessory buildings on proposed lot 1 and will remove others. A discussion followed regarding the proposal to allow an accessory building on lots 2, 3, and 4. Vice-Chair Pohl suggested the applicant consider continuance of this request to the July Planning Commission meeting to allow time for the details regarding the accessory buildings to be worked out. Mr. Kendall declined to agree to a continuance. It was agreed to adopt the “Existing Buildings” summary as a condition of approval, showing specifically which accessory buildings will be removed from lot 1, as well as limiting each of lots 2, 3, and 4 to a maximum of 800 square feet of detached accessory buildings. Mr. Kendall expressed his willingness to comply with the condition. Adjacent property owner, Lowell Andrews of 586 Litite Beaver Drive, stated his opposition to the proposed twenty-five-foot-wide trail easement across the western and southern portion of the property. He also stated that the Beaver View Homeowners’ Association was unanimously supportive of the applicant’s request to subdivide the property at their meeting in May 2005. A discussion followed regarding the proposed trail easement along the southern and western property lines. Mr. Kendall stated his strong objection to the proposed trail easement along the southern and western property lines and noted his willingness to dedicate trail easement along the eastern property line. It was moved and seconded (Hull/Hix) to recommend approval of the Minor Subdivision Plat, Kendall Canyon Ranch Estates, Metes and Bounds, to the Board of County Commissioners, with the findings and conditions recommended by staff, and the motion passed unanimously with two absent. CONDITIONS: 1. The developer shall remove buildings from Lot 1, as shown on the submitted “Existing Buildings” summary. 2. Lots 2, 3, and 4 shaii be iimited to a maximum of 800 square feet of detached accessory buildings for each lot. A note to this effect shaii be placed on the plat. 3. A deed restriction for the proposed accessory dwelling on Lot 1 shall be recorded with the plat of subdivision. 4. A driveway maintenance agreement shall be recorded with the plat. 5. A fire hydrant shall be installed as per the ISO map dated June 15, 2005. This plat shall not be heard by the Board of County Commissioners until the preliminary plans for the main extension have been reviewed and approved by the Town of Estes Park Public Works Department. 6. The applicant shall relocate and pave the intersection of Kendali Drive and Dry Gulch Road in accordance with the Intersection Detail, which shall be amended to include the following: the location and detail of the stop sign and street name sign, the location of the fire hydrant and water main, and the existing drive connection on the west side of the “Y.” 7. All access easements should be 45 feet wide. 8. An access easement should be provided to the leach field in Outiot B. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21,2005 9. A development agreement, disclosure notice, and subordination shall be submitted for review and approval by Staff prior to recordation of the plat, and shall be recorded with the plat. 10. The development agreement shall include, at a minimum, the following: removal of structures, road paving and revegetation, electric infrastructure, fire hydrant and water main, and as-built plans. 11. The disclosure notice shall include, at a minimum, the following: Lots 2-4 detached accessory building maximum size; all fences shall comply with standards set forth in the Estes Valley Development Code; all garbage containers shall be bear-proof; road cuts and associated permits may be required for water service. 12. All property within the subdivision shall be included in the Northern Colorado Water Conservancy District. 4. PRELIMINARY SUBDIVISION PLAT, RESUBDIVISION OF LOT 1, SEIFFERT ADDITION, 470 Moccasin Circle Drive, Appiicant: Fred Wojcik Planner Shirk stated the applicant has requested that this item be continued to the August 16, 2005 Planning Commission meeting. Public Comment: None. It was moved and seconded (Hix/Amos) to continue the Preliminary Subdivision Plat, Resubdivision of Lot 1, Seiffert Addition, 470 Moccasin Circle Drive, to the Planning Commission meeting on August 16, 2005, and the motion passed unanimously with two absent. 5. AMENDED PLAT, STREAMSIDE ON FALL RIVER, Lot 2 of Amended Plat of Lot 2, Deer Crest Subdivision, and Tract 59A, Fall River Addition, 1260 & 1350 Fall River Road, Applicant: Streamside of Estes Park, LLC Planner Chilcott reviewed the staff report. This is a request to combine two lots, both zoned “A” Accommodations/Highway Corridor, into one lot. The first lot, 15.94 acres in size, is currently developed as a nineteen-unit accommodations property, Streamside on Fall River. Most of the lot is steeply sloped and heavily treed. The second lot of 0.88 acres is currently undeveloped. It fronts US Highway 34, is fairly flat, and is not located in a mapped hazard area. Combining the two lots would allow the' applicant to develop additional units on the smaller lot. Accommodations units cannot be developed on this lot without the lot combination since it is less than 40,000 square feet in size. The applicant has discussed development of twenty-four units on the 0.88-acre lot and twenty-two units on the 15.94-acre lot, with possible expansion and remodeling of existing units. The new units are proposed in three buildings; the initial design appears to minimize impact to the steeply-sloped, heavily-treed portion of the larger lot. The amended plat will allow accommodations development to occur on land suited for this type of development; staff is supportive of the proposal. Planner Chilcott noted that the existing land use, accommodations, is a conforming use, although some of the existing structures are nonconforming as to setbacks. The lot complies with minimum size and width requirements, and the portion of the lot that will become developable for accommodations uses, i.e., the 0.88-acre parcel, can demonstrate a building site and has a depth that is adequate for off-street service and parking facilities. The lot combination will reduce the river setback from fifty to thirty feet. The southern portion of the larger lot is in a mapped steep-slope area and a mapped wildfire-hazard area. Staff recommends platting a limits of RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21,2005 disturbance with the amended piat to prohibit deveiopment on the most steeply sioped areas. Although it is not required with an amended plat, the applicant has agreed to dedicate a fifteen-foot-wide pedestrian hike/bike trail easement along the property line fronting Elkhorn Avenue and Pali River Road with this plat, which wili simplify the deveiopment plan review process. Staff wiii recommend trail construction with development plan approval; this will trigger construction of trail at Bear Creek Luxury Condos, as well. This request was submitted to all appiicable reviewing agency staff and adjacent property owners for consideration and comment. Comments were received from the Estes Park Public Works Department, Town Attorney Greg White, and the Colorado Department of Transportation. Per the recommendation of the Public Works Department, the applicant will be required to provide a shared-driveway mainten­ ance agreement between ali the stakeholders. Planner Chilcott noted that the Planning Commission must find that approvai of this minor subdivision will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in confiict with the purposes and objectives of the Estes Vailey Development Code. Public Comment: . .. Zach Hanson of Van Horn Engineering and Surveying, was present to represent the applicant and stated the applicant agrees to ail the conditions provided by staff. It was moved and seconded (Amos/Hix) to recommend approval of the Amended Plat, Streamside on Fall River, Lot 2 of Amended Plat ^ Lot 2, Deer Crest Subdivision, and Tract 59A, Fall River Addition, 1260 & 1350 Fall R'ver Road, to the Town Board of Trustees, with the find,n9® recommended by staff, and the motion passed uanimously with two absent. CONDITIONS: . , 1. Compliance with the comments in Greg VVhite s memo. Compliance with the comments in Greg Sievers’ memo. Plat a limits of disturbance with the amended plat to prohibit development on the moLasteeplysloped areas, with a note stating that the limits of disturbance can be modified with Town review and approval of a site-specific plan. The propose limitc; of disturbance shall be reviewed and approved by statt. i.-4 Ufflireasem^'t" ^ai; be dedicated along all property lines with the except,on of the southern property line running through Fall River.5. The dedication statLent shall be revised to dedicate all new easements, e.g., the proposed trail easement. Qi * i o »6. The plat shall be renamed, e.g., “Streamside Plat of Lot 2 ••• 7. Note #4 shall be removed, which states that the sole purpos P romhinp lots The olat also dedicates easements.TheTentel stetog, -...In the event a service line is relocated to a new or ovictinn pa^sment ” in Note #5 shall be clarified. The \ra\\ easement shali be labeled as a non-motorized trail easement or as hike/bike trail easement for clarification. 2. 3. 8. 9. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21, 2005 revisions to the Estes Valley Development Code will be suggested to clear up those inconsistencies. Planner Chilcott reported on the Bear Creek Development Plan 04-14, noting that staff is recommending that condition #7, requiring an access easement to be vacated prior to final development plan approval, be changed to state, prior to issuance of a building permit for new construction or issuance of a grading permit for the new parking lot.” There being no further business, the meeting was adjourned at 3:05 p.m. Edward B. Pohl, Acting Chair mJuli^Roederei/Recordir]^ Secretary