HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 1999-09-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission
September 21,1999
Commission:
Attending:
Absent:
Chair Al Sager, Commissioners Harriet Burgess, Margaret
Clark, Alma Hix, Edward Pohl and David Thomas
Chair Sager, Commissioners Burgess, Clark, Pohl and
Thomas
Commissioner A. Hix
Also Attending: Town Liaison G. Hix, Senior Planner Joseph, and Recording
Secretary Wheatley
Chair Sager called the meeting to order at 1:30 p.m.
1. MINUTES of the August 17,1999 were approved with the following
changes: (1) Add the word “building” after “proposed” in the third
paragraph of Section 2. (2) Change “their'5 to “the applicant’s” on line 6 of
Page 2. (3) Add “Joseph” after “Senior Planner” on line 2 of Section 3.
2. ANNEXATION AND ZONING
Kiowa Ridge Addition, William Van Horn, Bill & Donna Pike, Robert
Koehler/Applicants. Staff recommended continuation of this request to
next months meeting to allow consideration and review of this request
along with the associated preliminary plat. Chairman Sager asked for
comments from the public and there were none.
L„Vltt. „rn0.!ed a.nd seconded (Pohl/Burgess) the Kiowa Ridge
nnexation be continued, and it passed unanimously with one absent.
3. SUBDIVISIONS
“ed PJa! and Rezonin9> Outlot A and Lot 44, Fall River Estates
th A IVer. Eftates’ *nc-^^PPl,cant- Commissioner Pohl suggested that
the Amended Plat and the Development Plan be discussed togete bS
tht arrTngTernat y- PaU' K°CheVar representin9 the W^ant agreed to
„Ml?(chrar re"ewed ,he proposal which moves the existing open space
outlot to the south in exchange for moving Lot 44 to the north The aoal is
to provide for a developable area that avoids the wetlands. The s^ze of hi
r;i.,|'n9:itrelatlVf,0.,he new l0,s is “"Changed. The new ouloTllll hivl
hiiiiH o mr.nver fronta9e- The development plan includes two separate
buildings that are connected by a covered deck. The upper level would be
°®.Sln9'e res|dential unit. This proposal would not encroach the wetlands
effort to^avo^ddistuibance! Wa'kWay 356 e'eVated neXt '0 ,he We"ands in an
notnii°r.P,lfnner j0Seph noted that the density calculation on the plan does
nnl ^,U?e f,ny square footage for the area above the deck and should be
orrected. He noted that the parking required would be 2 spaces for the
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - September 21, 1999 Page 2
residence and 1 space for every 200 square feet of commercial space,
regardless if there were one or two businesses on site.
Mr. Kochevar advised he will put a label on the plan to note that the deck is
an entry only and that it will not be used as a business space.
Senior Planner Joseph reviewed the staff report. Staff recommended
approval based on the fact that this is an improvement of the existing
layout of the lots protecting the wetlands and riparian areas. He requested
Mr. Kochevar to confirm the outlet of a culvert that had been noticed.
Mr. Kochevar advised he would have that surveyed and will provide a
drainage easement to the river if necessary. Staff requested the addition
of that condition to the approval of the amended plat.
Senior Planner Joseph then reviewed the conditions for the development
plan. He noted that Condition 7 was no longer applicable and could be
deleted. Two additional conditions should be added:
7. A note shall be added to the development plan that states the wetlands
are not to be disturbed by construction activities or subsequently by use
of the lot by the residents for commercial purposes.
8. If there is a storm drain and if the discharge of the drain crosses any
part of Lot 44a, a drainage easement shall be shown on the
development plan.
Commissioner Thomas noted that one adjacent property owner was
omitted and that he would request that a packet be sent to that party prior
to presentation to the Town Board.
Public Comments: Ken Czarnowski, adjacent property owner, spoke in
opposition of this plan. Comprehensive Plan provides protection of open
space. It does not state that open space is available for sale or trade. In
October 1993 a number of covenants were made which required open
space be available to all owners of Fall River Estates and that any change
would require 75% of the members approval. He requests that the
replatting be denied. Chair Sager asked for confirmation that the prposed
outlet is the same size as the original outlet. Senior Planner confirmed that
the purpose is being preserved in this proposal. More importantly the
rights of the owner to build on the current Lot 44 exists, but would be better
if built on the proposed lot. Mr. Czarnowski feels the Commission would
be setting a precedent that open space can be sold or traded and this
would change the vision of the original development. He identified his lots
as 3 & 4.
Patty Czarnowski also spoke and said they had been assured by their
realtor that the open space would always be there. They would lose a lot
of their property value if this development were allowed. She stated the
applicant should develop the original Lot 44 and work with the Corps of
Engineers to develop it correctly within the wetlands.
Commissioner Thomas asked for clarification as to the limitations there are
to future developers from taking open space and outlets and using them
for some other use. Senior Planner Joseph advised that normally the
homeowners would hold title to the outlet and not the developer which is
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - September 21, 1999 Page 3
4.
the case here. Whoever has an interest in the property and is in a position
to control the decisions regarding that property has a right to request a
change. Ownership in this case was never turned over to the
homeowner’s association.
The Commission determined neither covenants nor realtors’ statements
have any legal bearing on their decisions. Covenants may be relevant to
the discussion; however the Town does not attempt to involve itself with
the enforcement of covenants. Legal clarification was requested as to the
permanence of outlots and open space.
It was moved and seconded (Burgess/Thomas) the Amended Plat and
Rezoning, Outlot A and Lot 44, Fall River Estates, be continued, and it
passed unanimously with one absent.
It was moved and seconded (Thomas/Clark) the Development Plan 99-
OS, Block 1, Fall River Estates, be continued, and it passed
unanimously with one absent.
REPORTS - None
5. ADJOURNMENT
There being no further business. Chairman Sager adjourned the meeting
at 2:33 p.m.
Meribeth Wheatley, Recording Secretary