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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 1999-12-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission December 21, 1999 Commission: Attending: Absent: Also Attending: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark, Alma Hix, Edward Pohl, and David Thomas Chair Sager, Commissioners Clark, Hix, Pohl, and Thomas Burgess Director Stamey, Senior Planner Joseph, Town Attorney White, and Deputy Clerk van Deutekom Chair Sager called the regular meeting to order at 1:30 p.m. 1. MINUTES of the November 16, 1999 meeting were approved as presented. 2. DEVELOPMENT PLAN a. Development Plan 99-11, Lot 7, Pine River Subdivision, Brenda Morrison/Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for construction of a 2 story, 4,000 sq. ft. building, with commercial use on the main floor and residential use on the second level. A variance has been granted on this lot to allow for the owner’s residence on the second floor. Senior Planner Joseph reviewed the staff report. This development plan is consistent with the intent of the variance. The entire lot is covered by the 100 yr. Flood Plain. This should be noted on the development plan and the required raised finish floor elevation of the building should also be noted on the plan. The building must be designed and constructed to meet the UBC standards for construction in a flood plain. The note saying, “there shall be a maximum of one second story dwelling on this lot:” should be changed by adding the term dwelling “unit” in the note. Town Attorney White noted that the development plan indicates that storm water emanating from offsite should be conveyed through this lot to the river. Since development plans are not recorded, there should be a separate easement document granting a drainage easement across the site to the river. Public Comment: Austin Condon representing the Alpine Anglers presented a letter outlining the concerns regarding destruction of valuable wetlands and requested denial of the development plan It was moved and seconded (Hix/Clark) that Development Plan 99-11, Lot 7, Pine River Subdivision be approved with the following conditions, and it passed unanimously. 1. 2. 3. 4. 5. The side line building setback shall be dimensioned. The entire lot is covered by the 100 yr. Flood Plain. This shall be noted on the development plan, and the required raised finish floor elevation of the building shall also be noted on the plan. The building shall be designed and constructed to meet the UBC standards for construction in a flood plain. The existing drainage easement shall be added. The word “unit” shall be added after “2nd floor dwelling.” “Dumpsters shall be secured against bears.” This note shall be placed on the plan. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21,1999 - Page 2 b. 6. The following note shall be placed on the plan: “Approval of this development plan does not allow any construction activities in the river channel. Those activities require approval of the Corps of Engineers and a flood plain construction permit. The developer shall be responsible to prevent any erosion or run off of fill material into the river resulting from construction activities.” Development Plan 99-12, Lot 44, Block 1, Fall River Estates, Fall River Estates, Inc./Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for a single building with 2,040 sq. ft. of commercial use on the lower level and one dwelling unit on the upper level. A twelve space parking lot is proposed. The site is almost entirely covered with wetlands and a Corps of Engineers permit is required. Mr. Kochevar responded to questions from the Commissioners regarding the fill material of the parking lot and the Corps of Engineers application. Senior Planner Joseph reviewed the staff report. Receipt of a corrected copy of the Statement of Intent was requested. Letters of objection received from James and Deborah Kiple, Thomas Ewing, Kenneth and Patricia Czarnowski, and the Alpine Anglers Chapter of Trout Unlimited were summarized. Public Comment: Public comment in opposition heard from Dr Richard Doutt, Austin Condon (Alpine Anglers), Ken Czarnowski, and David Thomas (1056 Fall River Court). It was moved and seconded (Pohl/Sager) that Development Plan 99-12, Lot 44, Block 1, Fall River Estates, be approved as presented with the following conditions, and it passed. Those voting yes: Thomas, Pohl, Sager. Those voting no: Mix, Clark. 1. 2. 3. 4. The Town shall not issue a building permit prior to the applicant securing the required Corps of Engineers permit. No development activity or site work/site disturbance of any kind (including but not limited to clearing, grading, or filling) shall be permitted prior to issuance of a building permit by the Town. A note to this effect shall be placed on the approved Development Plan. Prior to issuance of a building permit the applicant shall prepare a construction site plan that shows in detail the limits of site disturbance as defined in the Corps of Engineers permit. This construction plan shall identify construction fencing as required to provide assurance that construction activity will be executed in conformance with the Corps of Engineers permit. The drainage easement shall be dedicated to provide for the conveying of water that discharges onto the site and across the site to the river. The Fall River Court water main and proposed water service line shall be shown on the site plan. It was moved and seconded (Pohl/Thomas) a letter be forwarded to the Corps of Engineers expressing the deep concern of this Commission that this is an inappropriate use for this property and approval was granted only because this is an allowable use under the current code. The Commission believes that transfer of wetlands to the Longmont/Ft. Collins area is unfair to the community, and it passed unanimously. 3. SUBDIVISIONS a.Amended Plat, Lot 2, Mountain Man Subdivision, Windy City, LLP/Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for a new 16,000 sq. ft. retail/office/residential building. The existing building is being removed. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21,1999 - Page 3 Senior Planner Joseph reviewed the staff report. A pedestrian/sidewalk easement should be added to the plat to provide a minimum eight foot wide easement around the proposed street loading zone pull out. The existing Riverwalk easement shall be noted as an existing easement with reception number noted. Mr. Kochevar responded to questions by Commissioners regarding the planters and removal of the building. There were no public comments. It was moved and seconded (Hix/Clark) that the Amended Plat of Lot 2, Mountain Man Subdivision be approved with the following conditions, and it passed unanimously. b. 1. A pedestrian/sidewalk easement shall be added to the plat to provide a minimum eight foot wide easement around the proposed street loading zone pull out, this shall be noted as a new easement dedicated with this plat. 2. The existing Riverwalk easement shall be noted as an existing easement with reception number noted. 3. Clarification of a graphic line that appears on the plat noting the back of the sidewalk along the street shall be labeled. Preliminary Plat, Tracts 43 & 46, Fall River Addition, SW Va. of Section 24-05-73, Charles F. Mix, Jr. Trust/Applicant. Commissioner Mix declared a conflict of interest and left the meeting. Frank Mix, 501 Big Horn Drive representing the Charles F. Hix Jr. Trust reviewed the project to divide a portion of Tract 46 and Tract 43 Fall River Addition into three lots: proposed Lot 46B, proposed Tract 43A, and the remainder of Tract 46, to be known as Lot 46A. Bill Van Horn of Van Horn Engineering representing the applicant stated that a petition for an exception to Section 16.16.020(b)(2) of the Municipal Code had been filed. This exception would allow Lot 46B to have access to the existing driveway on which it is situated. Senior Planner Joseph reviewed the staff report. Access to the proposed new Lot 46B is proposed via an existing private drive crossing Lot 41B. The applicant has submitted documentation of this right of access to the Town Attorney for review. Approval of this plat will eventually lead to a total of 7 residences that take their access from this private drive. Two of these properties have an alternative access from Big Horn Drive. Section 16.16.020 places a limit of 4 dwellings on a private drive. This subdivision proposal requires an exception to Section 16.16.020. Public Comments: Those speaking in opposition to the exception: Ann Racine, 461 Big Horn Dr.; John Phipps, 585 W. Wonderview Ave.; Paul Kochevar; Harry Livingston, 625 W. Wonderview Ave.; Bob Miller representing Charlotte Miller; and Don Widrig. Items discussed included code restrictions for private driveways, emergency vehicle access, road grades, easement previously granted, road condition and width of Big Horn driveway, requirements for a geological survey, and driveway maintenance agreements. Town Attorney White responded to questions by Commissioners regarding exceptions and limitations of private driveways. Commissioner Pohl read Fire Chief Dorman’s letter outlining the Fire Department’s concerns regarding access. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21,1999 - Page 4 Mr. Van Horn verified that Mr. Hix agreed to maintain the driveways and agreed to limit building sites to one single family residence on each lot (46A and B). Chair Sager noted the following: a) That there are special circumstances or conditions affecting the property. b) That the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner. c) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated, or in conflict with the purposes and objectives of the subdivision and zoning code. It was moved and seconded (Sager/Pohl) that the private drive exceptions for Tract 46A via the access from Wonderview across the easement on Livingston, and Tract 46B via the existing private drive connecting to Big Horn Drive be approved with the following conditions, and it passed unanimously; 1. Lot 46B and Lot 43 will maintain the respective driveways. 2. Lot 46B will be limited to one single family building lot. 3. Lot 46A will be limited to one single family building lot. Chair Sager recessed the meeting at 4:47 p.m. Chair Sager reconvened the meeting at 5:00 p.m. Mr. Van Horn reviewed the lot subdivision. Both lots will be restricted to single family residential use with a single residence on each lot. There will not be a request from the applicant to access the 38-acre parcel from either 46A or 46B. The applicant will note this on the Final Plat. The developer shall install water and sewer or possibly a septic system on 46A. Mr. Van Horn responded to questions from Commissioners regarding geological studies and blasting concerns. A building envelope will be shown on Lot 46A that will restrict development to one single family residence. Senior Planner Joseph reviewed the following conditions: 1. 2. 4. 5. 6. 7. 8. A drainage easement shall be provided along the south line of the proposed Lot 46B to address the existing natural ravine. Access to Lot 46A will be restricted to Wonderview Ave. (Hwy. 34 Bypass) through an easement on the Livingston property. The applicant shall obtain a CDOT access permit for this access to 46A prior to approval of a Final Plat. Formatting of the plat shall be changed and revised and labeled as Preliminary Plat removing the vested rights statement and other block information that is normally associated with a Final Plat. Contours shall be added to Preliminary Plat. A building envelope, including septic plans, shall be shown on 46A. A septic permit would be provided with the Final Plat. A drainage easement shall be shown on 46A on the existing drainage. A driveway plan prepared by the Engineer shall be submitted with the Final Plat for 46A. The driveway shall be included in the improvement guarantee on the Final Plat. Specific language with the Final Plat with the exceptions. Public Comments: Those speaking in opposition to the lot subdivision: Don Widrig; Dr. George Crislip, 651 Big Horn Dr.; Larry Jones, 535 W. Wonderview Ave.; Connie Phipps, 585 W. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21,1999 - Page 5 Wonderview Ave. Items discussed included rock formations, Jones property easement; geological survey by state geologist. It was moved and seconded (Thomas/Glark) that a revised preliminary plat be submitted, and that the subdivision request of Lot 46B be continued to January 18th, and it passed unanimously. Commissioner Mix returned to the meeting. c.Final Plat, Kiowa Ridge Subdivision of the proposed Kiowa Ridge Addition, Van Horn-Pike-Koehler/Applicants. Bill Van Horn of Van Horn Engineering representing the applicant reviewed the proposal for a total of 31 building lots and two unplatted tracts. A water tank is also proposed to serve the new lots. This tank is to be located on Outlot A to be dedicated to the Town. Lots 1 through 30 will take their access off of Marys Lake Rd. and Hwy. 7. Lot 31 will take its access off an existing private drive farther south on Hwy. 7. Director Stamey reviewed the staff report. A CDOT access permit will be required and CDOT must review and comment on the revised street plan and proposed highway access. The Developer must provide all CDOT access improvements if any are required. The Plat will dedicate ROW along the north line of the subdivision where Kiowa Drive connects to Marys Lake Rd. Extension of this ROW to provide access to the Marys Lake Lodge parcel is now provided. The private drive access from Kiowa Court is placed in a private access outlot, not to be dedicated as public ROW. This outlot is specifically labeled to note the lots it is intended to serve (limit of 4). A shared access and maintenance agreement should be provided for this private drive. The outlot should be owned in common by the lots that share this access. Town Attorney White discussed two items raised at the last meeting. 1) Mr. Andrews does not have an adjudicated water right. He has a license to take water pursuant to an agreement that can be terminated at any time by the owner of the property. 2) The covenants have been recorded and do allow access and maintenance to the road servicing the upper lots. Public Comments: Cynthia Krumme requested and received clarification on a shared access easement. Kimball Krismen, 2625 Marys Lake Rd. representing Marys Lake Lodge expressed support for the project. It was moved and seconded (Thomas/Pohl) that the Final Plat, Kiowa Ridge Subdivision of the proposed Kiowa Ridge Addition, be approved with the following conditions, and it passed unanimously. 1. 3. 4. 5. A shared driveway is proposed for Lots 16, 17, and 18. This will require a shared maintenance agreement. Note on the plat and covenants. a. The Developer shall construct the shared portion of this driveway. It shall be the Developer’s responsibility to remove existing buildings on site prior to the sale of lots on which the structure is removed. All existing roads that are to be abandoned shall be re-vegetated and reclaimed. The Town Engineer shall approve the drainage easement and roadway and construction drawings prior to the Final Plat being placed on the Town Board agenda. The proposed roadway cross culvert locations should be studied carefully in relationship to the street profile to confirm the position of the proposed drainage easements located at their outlets. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21,1999 - Page 6 6. 7. 8. 9. 10. 11. 12. Shared maintenance agreements shall be provided for the private drives. This agreement shall be recorded, and shall be used to identify those lots permitted to access off the private drive and obligated to share in its maintenance. The covenants shall list the maintenance agreement. Hwy. 7 access shall require a CDOT access permit and have the permit prior to Town Board approval. The Developer has an agreement for undergrounding the power line or an easement shall be placed on the Plat prior to being placed on the Town Board agenda. Any lot that cannot be served by gravity sewer shall be identified with a note on the final plat. Lift stations shall be built and maintained by individuals served by the stations. The Lot 28 property line shall be corrected. Water tank pump systems plans shall be approved by the Public Works Department prior to the first building permit and the system shall be constructed prior to the first Certificate of Occupancy. A temporary easement for snowplow turnaround shall be provided. REPORTS - None Director Stamey expressed appreciation for the efforts of Bill Van Horn and Bob Koehler during the wetland discussions. There being no further business, Chair Sager adjourned the meeting at 6:30 p.m. Rebecca van Deutekom, Deputy Town Clerk