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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2005-03-15RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission March 15, 2005,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Attending: Also Attending: Absent: Chair Joyce Kitchen, Commissioners Wendell Amos, George Hix, Richard Homeier, Bill Horton, Betty Hull, and Edward Pohl Commissioners Amos, Hix, Homeier, Horton, Hull, and Pohl Town Attorney White, Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Roederer Chair Kitchen, Town Board Liaison Habecker Acting Chair Pohl called the meeting to order at 1:30 p.m. 1 r'CONSENT'A'GENDA a. Estes Valley Planning Commission Minutes dated February 15, 2005. b. PRELIMINARY SUBDIVISION PLAT, MARY’S LAKE RIDGE, Metes and Bounds, 825 Little Prospect Road Per Section 3.1.D4, Staff has continued this request to the April 19, 2005 public hearing. The purpose of this continuance is to allow for Larimer County Engineering to review the drainage plan. It was moved and seconded (Homeier/Amos) that the Consent Agenda be accepted, and the motion passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. REVISED DEVELOPMENT PLAN 00-07A, MARY'S LAKE LODGE CONDOMINIUMS, Lot 3, Mary's Lake Subdivision, and Lots 3A and 3B of Mary's Lake Replat, 2625 Mary's Lake Road, Applicant: Ram’s Horn Development Co. Planner Chilcott reviewed the staff report. The applicant has submitted a development plan to construct six accommodations units on Lot 3A and eight accommodations units and two residentiai units on Lot 3B. The applicant has also submitted a second revised development plan for Mary’s Lake Lodge to construct three residential duplexes instead of two accommodations triplexes, remodel the guest house into six accommodations units instead of two residential units, construct a triplex containing three accommodations units rather than three residential units, reconfigure existing parking and convert the driveway in front of Mary s Lake Lodge from two-way to one-way, and add 48 parking spaces. She stated that all residential units can be used as accommodations units but accommodations units cannot be used as residential units. Planner Chilcott noted that the Town Board conditionally approved the Mary’s Lake replat at their February 22, 2005 meeting and the plat was recorded on March 8, 2005. This plat created Lots 3A and 3B of the Mary’s Lake Replat. Planner Chilcott stated that, if the recommended conditions of approval are met, the development plan will be consistent with the policies, goals, and objectives of the Comprehensive Plan. The proposed uses, i.e., accommodations and residential RECORD OF PROCEEDINGS Estes Valley Planning Commission March 15, 2005 uses, are permitted in the “A” Accommodations/Highway Corridor zoning district, and the proposed density of 70 units (45 accommodations and 25 residential) does not exceed the maximum allowable. Planner Chilcott reviewed the slope of the lots, noting that density was calculated on a per-lot basis and reflects slope adjustments for new units. All units meet the required setbacks with the exception of proposed Units 14 and 15. A minor modification is requested to allow the decks to encroach 3.75 feet into the fifteen-foot setback from the northern property line. Planning Commission has the authority to approve up to a twenty-five-percent minor modification to the minimum required setback, and this request is within the Planning Commission’s authority to approve. Staff recommends approval of this minor modification, which allows the parking lot to be moved farther north, reducing the cut into the slope to the south. A stormwater management plan was submitted for review. Water from all three lots will drain into Outlot A, Mary’s Lake Replat, for detention and storage. Construction limits of disturbance are shown protecting the southern portion of Lot 3A and protecting the willow clump, which was declassified as a wetland by a wetlands expert in February 2005. The Army Corps of Engineers also submitted a letter supporting this determination. Information on the grading plan will be required to agree with that shown on the development plan. Planner Chilcott stated the plan proposes 220 trees and 495 shrubs, exceeding the Estes Valley Development Code requirements of 177 trees and 462 shrubs. This plan does propose removal of fifteen trees primarily for driveway and parking lot construction but their replacement is not recommended because the total number of proposed trees and shrubs exceeds the Code requirements. Trail construction was required with the Mary’s Lake Replat. The exact trail location is to be determined with submittal of development plans for Lots 2 and 4. Sidewalk is shown on this development plan from the proposed Kiowa Trail extension, past the Guest House, connecting to the proposed driveway. This sidewalk is intended to connect to trails on or adjacent to Lots 2 and 4 and provide public pedestrian access through Lot 3B to the main lodge. This sidewalk should be extended to connect to sidewalk/steps that lead to the main lodge and a public pedestrian access easement on Lot 3B should be recorded prior to final development plan approval. The property is not in a mapped geologic hazard area. A geologic hazard report was prepared for the Mary’s Lake replat. This report was reviewed by the Colorado Geologic Survey, which recommended that soil borings on all lots be required prior to foundation design, including those lots outside the mapped geologic hazard area. Staff recommends that the requirement for soil boring apply only to units within the geologic hazard area. The parking calculations show that a minimum of 160 off-street parking spaces are required. A total of 163 parking spaces are provided, six of which are handicapped- accessible and thirteen of which are in garages. This is an addition of forty-eight spaces. Staff does not recommend requiring interior parking lot landscaping but does recommend resurfacing prior to striping the main parking lot. All proposed driveways and access aisles meet the minimum required widths with the exception of the eighteen-foot-wide driveway in front of the guest house. Although the Code requires this driveway to be twenty feet wide, staff supports a minor modification to allow the reduced driveway width which would minimize the cut into the bank west of the driveway. RECORD OF PROCEEDINGS Estes Valley Planning Commission March 15, 2005 Planner Chilcott stated that this application has been submitted to all affected agencies for review and comment. The lot is served by the Upper Thompson Sanitation District (UTSD), and sewer service lines will connect to eight-inch mains in the Kiowa Trail extension and Promontory Drive right-of-way. The UTSD expressed a concern about the length of the proposed sewer service line. This concern has been addressed by the applicant. Three water mains will serve the proposed development, and all will connect to the Kiowa Ridge pump station. Three fire hydrants are proposed. The Fire Chief has reviewed the ISO calculations and this plan; he has not expressed any concerns with fire protection. Impacts of the proposed development on existing transportation levels of service were reviewed with the preliminary plat for the Mary’s Lake Replat, and construction of a northbound left-turn lane on Highway 7 at the intersection with Mary’s Lake Road was required. Paving of internal driveways is also required to meet the transportation and stormwater-drainage adequate public facilities requirements. This request has been submitted to neighbors for consideration and comment. Comments from Mary’s Lake Lodge unit owners reflect internal condominium association disagreements concerning the amount and type of development proposed on Lots 3, 3A, and 3B. Some unit owners are in opposition to the proposed development and some are in support. Staff has requested an attorney’s certificate verifying that the condominium rules and regulations are being met, stating who has the authority to sign the development plan and who has the authority to grant legal access easements. Vice-Chair Pohl requested clarification for the record on the provisions of the attorney’s certificate. Town Attorney Greg White stated that the purpose of the attorney’s certificate is to determine whether easements granted on Lot 3 are appropriate to the governance of Lot 3 and the condominium association rules. He noted that the Town of Estes Park does not make that determination. The attorney’s certificate will state whether access to Lots 3A and 3B were granted legally and will certify that the proper procedures were followed in obtaining the easements. Public Comment: Frank Theis, CMS Planning & Design, was present to represent the applicant. He noted that the applicant is in agreement with the staff findings and requested clarification on some items. A memo from Town Attorney Greg White recommended that a note be placed on the revised development plan stating that no building permits shall be issued for Units 10 and 11 until such time as Kiowa Trail is constructed. Mr. Theis stated that Units 10 and 11, along with the existing cottage, are accessed from southern portion of Kiowa Trail. He asked that building permits be allowed to be issued in conjunction with the construction of that portion of the road. Town Attorney White stated that his concern was to provide access for those two units and said that he had no objection to Mr. Theis’s request. Mr. Theis also requested clarification on condition #10, noting that when the detailed grading plan is submitted, the connections required by condition 10 will be shown. He stated that an access easement across Lot 3B to Lot 3 was granted with the Mary’s Lake replat. Planner Chilcott agreed that the condition should be changed to allow the sidewalk extension and easement information to be submitted prior to the issuance of a building permit rather than prior to final development plan approval. Director Joseph concurred. Mr. Theis also referred to condition #14, noting that parking striping, signage, and curbs would be better installed prior to issuance of the first certificate of occupancy rather than prior to the first building permit. He stated that it doesn’t make sense to put in curbs and striping for units that don’t yet exist. RECORD OF PROCEEDINGS Estes Valley Planning Commission March 15, 2005 Commissioner Homeier questioned whether Lot 3, 3A, and 3B may be combined at some point in the future, noting that it would make more sense in terms of the encroachment of the two decks. Mr. Theis stated that they had been unable to obtain the 100% consent from the homeowners association required to combine the lots. He noted that Don DeBey, the owner of Mary’s Lake Lodge, is still open to the possibility of combining the lots and is working closely with the homeowners association to achieve the lot combination in the future. It was moved and seconded (Horton/Homeier) to approve Development Plan 00-07A, Mary’s Lake Lodge Condominiums, Lot 3, Mary's Lake Subdivision, and Lots 3A and 3B of Mary's Lake Replat, with the findings and conditions recommended by staff, and the motion passed unanimousiy with one absent and the foiiowing conditions. 1. Compliance with Public Work’s memo dated March 10, 2005. 2. Submittal of an attorney’s certificate stating: a. That the applicant has followed all applicable condominium rules and regulations concerning submittal of this application, including the Colorado Common Interest Ownership Act and recorded maps and declarations governing Mary’s Lake Lodge; b. Who has the authority to revise the approved development plan for Lot 3, e.g., the condominium unit owners association, and confirming that those with the authority to revise the development plan have signed the application form; and c. Who has the authority to grant access and parking easements on Lot 3 for the benefit of Lot 3A and 3B and confirming that those with the authority to dedicate these easements have signed a document agreeing to the dedication. 3. Staff review and approval of the submitted shared access and parking easement and maintenance agreement and recordation of the easement and maintenance agreement. 4. Compliance with the comments in Town Attorney Greg White’s memo dated March 11, 2005 with the exception that only that portion of Kiowa Trail needed to access Units 10 & 11 shall be constructed prior to issuance of building permits for those units. The property lines on Lot 3B with lengths 345.15 and 68.89 shall be shown with fifteen-foot setbacks. A detailed grading plan demonstrating positive drainage shall be submitted for staff review and approval prior to submittal of building permits. The grading plan shall be at a scale of 1 ” = 10’ with two-foot contours. 7. Prior to issuance of a building permit a copy of the required State erosion control plan and application shall be submitted to staff. 8. Elevations for both floors of each unit shall be shown on the development plan. 9. The stormwater drainage plan and development plan shall be consistent with each other, and final development plan approval shall be contingent on staff approval of the revised drainage plan. 10. Sidewalk shall be extended to connect to sidewalk/steps that lead to the main lodge, and a public pedestrian access easement shall be dedicated on Lot 3B and shall be recorded prior to issuance of first building permit. 11. Sixteen shrubs shall be shown on the northern street-frontage buffer and twenty-five shrubs shall be shown on the southern street-frontage buffer or shrubs shall be traded for trees at a three-to-one ratio. Existing tree sizes shall be noted on the development plan. 12. A note shall be added to the landscaping plan stating that trees shall not be planted within five feet on either side of a water or sewer main. 5. 6. RECORD OF PROCEEDINGS Estes Valley Planning Commission March 15, 2005 13. A cut sheet for the proposed lighting fixture shall be submitted for staff review and approval prior to issuance of a building permit. 14. Accessible parking space striping and signage and curbs required with the original development plan shall be completed prior to issuance of the first certificate of occupancy. 15. Compliance with the comments in David Brand’s February 15, 2005 letter to Alison Chilcott shall be required. 16. Public Works approval of the electric plan shall be a condition of final development plan approval. 17. A note shall be added to the development plan stating “Maintenance of drainage facilities is the responsibility of the condominium associations or the property owner.” 5. REPORTS Director Joseph noted that there will be an Estes Park Town Board study session on Thursday, March 17, 2005 at 9:30 a.m. to consider the proposed changes to the Estes Valley Development Code, Block 7. He also invited the planning commissioners to stay after the meeting was adjorned to view a video on nighttime lighting. There being no further business, the meeting was adjourned at 2:07 p.m. Edward B. Pohl, Acting Chair ederer. Recording Secretary