HomeMy WebLinkAboutMINUTES Planning Commission 1983-04-19BRADFORD PUBLISHING CO.y DENVER RECORD OF PROCEEDINGS
y Planning Commission
April 19, 1983
Commission:
Attending:
Also Attending:
Absent:
Chairman A1 Sager, Members Duane Blair, George
J. Hix, Margaret Houston, Steve Komito, Craig
W. Meusel, Richard A. Wood
Members Margaret Houston, George J. Hix, Steve
Komito, Craig W. Meusel, and Richard A. Wood
Mayor Tregent, Town Attorney White, Town Clerk
Jensen
Chairman Sager, Member Blair
Minutes of the previous meeting held March 15, 1983, were submitted
and approved.
REZONING - KINNIE ADDITION - PUBLIC HEARING:
Vice Chairperson Margaret Houston conducted a public hearing on
the proposed rezoning of Lots 1-9 Prospect Village Subdivision
from C-2 Restricted Commercial to C-1 Commercial and Lots 1-14
Pine River Subdivision from R-2 Multiple Family Residential to
C-1 Commercial. Mr. Bill Van Horn, representing the petitioners^
spoke in favor of the rezoning. Those persons speaking in opposition:
Mr. Gerald Swank. A letter dated April 5, 1983, was read from
Public Works Director Widmer. Mr. Van Horn responded to Mr.
Widmer's letter by stating they concur that C-1_zoning is a
logical extension for Prospect Village Subdivision and asked for
C-1 zoning for Pine River Addition with the request that the fire
hydrants be allowed to remain in their present location, at the
center of the cul-de-sac. Vice Chairperson Houston declared the
hearing closed. Member George Hix moved the rezoning request be_
denied. The motion died for lack of a second._ Member Steve Komito
moved that the public hearing be postponed until next month. The
motion was withdrawn. Mr. Van Horn stated that his petitioner
would be agreeable to C-1 zoning for Prospect Village and C-2
zoning for Pine River Subdivision and would also agree to comply
with the relocation of the fire hydrants. Member Richard A. Wood
moved for approval of the rezoning of Lots 1-9 Prospect Village
Subdivision to C-1 Commercial and the rezoning of Lots 1-14 of
Pine River Subdivision to C-2 Restricted Commercial with the
condition that the fire hydrants and cul-de-sacs be constructed
to commercial standards. Member Craig Meusel seconded the motion
and it passed unanimously.
REZONING - PARK HOSPITAL DISTRICT - PUBLIC HEARING:
Vice Chairperson Margaret Houston conducted a public hearing on
the proposed rezoning of the Park Hospital District from R-1
Residential to R-2 Multiple Family Residential to allow for the
construction of retirement housing. Mr. David Habecker, representing
the petitioner, spoke in favor of the rezoning. Other persons
speaking in favor of the rezoning were: Maurice Worley, Hugh
Harris, Peter Jensen, and Bill Van Horn. Those persons speaking
in opposition were: Roberta Gordon. Correspondence in opposition
was received from the following:
C. George and Phyllis Seifert 4/11/83
A telephone call in opposition was received from Robert Bendinger
on April 20, 1983. A letter dated April 5, 1983 from Public Works
Director Widmer was read stating the rezoning will make the hospital
non-conforming because the existing R-2 classification does not
BRADFORD PUBLISHING COM DENVER RECORD OF PROCEEDINGS
Planning Commission - April 19, 1983 - Page 2
include "hospital" as an allowable use, either by right or by
special review. Town Attorney White pointed out that the
hospital, as a non-conforming building, would be under the
restrictions for that zone, i.e. it could not be structurally
altered and if it were destroyed, would need to be rebuilt within
a one-year period. Member George Hix moved the rezoning be favorably
recommended to the Board of Trustees. Member Richard Wood seconded
the motion and it passed unanimously.
SITE DEVELOPMENT PLAN NO. 3 - HOSPITAL DUPLEXES;
Mr. David Habecker, representing the Park Hospital District,
appeared before the Commission to present the Site Development
Plan for the construction of eleven retirement cottages in six
separate buildings. Mr. Habecker explained that there would be
three 2-unit buildings, two one-unit buildings and one^“u5\ ' .
two story building. Correspondence was received from the following.
Light and Power Director.................................................4/11/83
Water Superintendent ....•••• 4/06/83
Town Attorney.....................................................................4/07/83
Public Works Director......................................................
Larimer County Health.......................................................
Larimer County Commissioners........................................V/on/\\
Colorado Highway Department.........................................
MPmber Georae Hix moved that Site Development Plan No. 3 - Hospital
Du^eLf Ceg|avoLbly recommended to the Board of Trustees subject
to the following conditions:
1 The driveway for buildings 1, 2, 3 and 4 is connected
tS a sSIe? which has not been oonstructed. Temporary
access for these buildings may have to be provided
through the nursing home parking lot until Prospec
Avenue is constructed.
2 The site development plan does not locate the proposed
2- bnllSings with Lgard to the f
Hospital Addition to the Town of Estes Park. The site
olan should be referenced to show distances of
buildings on the north and south property lines.
Member Richard Wood seconded the motion and it passed unanimously.
CRAGS ADDITION, ANNEXATION - PUBLIC HEARING^
vice Chairperson Margaret Houston conducted a
crags Addition which proposes ----9 24.634 acres soutr Thorp_
-SLftir“e?s?fppL^e^V^
on behalf of the Proposed ^““a^“^kinrin opposition to the
annexetion?Xnone?' r?4spondeScePregarIing the annexation was
received from the following:
4. ^ ... .3/25/83Light and Power Director .......................... 3/30/83
Town Attorney _............................................................. ^ .4/08/83
Public Works Director ................................... 4/11/83
Water Superintendent .........................................................
So?gffrHS“SvSU?henanneia"ontK ft^o^blf^co^endS^o
loaJi ol\^7stles with the following oonditrons:
BRADFORD PUBUSHING COM DENVER RECORD OF PROCEEDINGS
Planning Coininission - April 19, 1983 - Page 3
1. The Crags Addition Dedication Statement be amended on
the plat, as proposed by Attorney White.
2. The Board of Trustees Certificate of Approval be
amended on the plat, as proposed by Attorney White.
3. Attorney White be given a copy of the covenants
and Homeowner Association documents to review and
approve in relation to the maintenance of the streets,
prior to Town Board approval.
4. All property pins must be set prior to Town Board
approval.
5. The existing Crags Lodge structure should be shown
on the plat.
6. Because of the existing structures on the property,
an improvement guarantee for the utilities must be
submitted to and approved by the Town prior to
approval of the plat by the Town Board.
7. The utility easements crossing Lots 2 and 3 should
match the utility locations shown on the Site
Development Plan.
ft Drawinas of the water and sewer systems should be
submitted to the Town prior to the Town Board approve .
Member Richard A. Wood seconded the motion and it passed unanimously.
CRAGS ADDITION, ZONING - PUBLIC HEARING^.
rhairoerson Margaret Houston conducted a public hearing
SgLSng ?he toning of Crags Addition. Those sP®;^1"92f°^strictea
specific9zoning requests, Roger Thorp,FWho^requested^C-2 Restricted
Commercial for Lot 1 and R 2 Mu p , . 3ria-inst specific zoning,
remainder of the addition. ,Thos® wS received from thenone. Correspondence regarding the zoning was receive
following:
. . . 4/08/83Public Works Director ...................................
Vice Chairperson Houston £h^r^ggr^d|itionebe zoned C-
Richard A. Wood moved that Lot addition be zoned R-2 MultipleL^°irrefiLnntdia^^e TruSef CrS^reufef iicSnbded the motion and
it passed unanimously.
RTTE DEVELOPMEHT PLAN HO. 4 - CRAGS MOUNTAIN VILLAGE
Mr. Roger Thorp, ropresenting the^^owners^t3^®®rf|^rbthrLvclopment
Commission to present S^te, . into interval ownership
of Lots 2 and 3 which will f^om the following:
condominium units. Correspondence was receivea ir
. . . .4/05/83Light and Power Director ........................... 4/11/83
Water Superintendent........................................................*.4/11/83
Public Works Director ............................................ 4/06/83
Town Attorney . . . .4/06/83
Larimer County Commissioners .......................... • ^ .4/07/83
Colorado Highway Department ................................... 4/06/83
Larimer County Health .....................................................
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Planning Commission - April 19, 1983 - Page 4
Attorney Greg White stated that in regard to the Larimer County
Commissioners' letter, as a practical matter, he does not feel
any downstream property owners would sign an agreement with respect
to any changes in the proposed flow, quality, and quantity of water.
Mr. Thorp stated that he had been working with Estes Park Surveyors
and the original drainage design does not discharge onto any county
property so that is not a problem. Attorney White also referred
to Director Widmer's letter and the changes he is requesting. Mr.
Thorp stated that he had reviewed all the letters and the property
owners would have no problem in complying with the requests.
discussion followed regarding "interval ownership and a clarification
of its meaning. Fire Chief Jack Rumley stated that because
property is in a wildfire hazard area, the Fire DfPartm®n^h^°^5-^e
like the Planning Commission to put some restrictions on the
development such as (1) a fire break around the buildings for a
distance of 100 feet; (2) remove any trees within °f ^ dl
chimney; (3) Maintenance of roofs to keep them free of pine needles
and leaves; (4) chimneys should have spark arresters and (5^ a^
fire place ashes be placed within metal containers. Mr. Thorp
Houston requested the Fire Department sabin^ J Hix moved
of Trustees regarding their requests. Member George J. Hi ?Lt Sitl Lvelopmen? Plan Nc. 4 be favorably recoannenaea to the
Board of Trustees with the following conditions:
1 The Fire Department and Property Owners work but
an agreemen? with regard to safety factors prror
to Town Board approval.
2 crags Lane should be aligned as closely as
with Pine River Lane. This is the reason for the
dedication of the triangular piece of right of-way
from the Earlee Addition/Pedersen Subdivision.
3. The street name "Seasons Circle" should be changed
to "Seasons Court".
to the dead-end in Seasons Court.
5. The term "interval ownership" should be clarified
on the Statement of Intent.
6. If the interval ownership
regular condominium usage, the parKi g 4
revert to two spaces per unit.
Trustee Richard A. Wood seconded the motion and it passed unanimously
PEDERSEN SUBDIVISION - LOT SPLI1^
Mr. Henry Pedersen prrntead theAPlaitiOf
proposes ine lot of 3.742 acres, correspondence
«ga?diig tL pLt was received from the followrng:
. ^ ......................4/11/83Water Superintendent .......................... 4/05/83
Light and Power Director ........................................ 4/07/83
Public Works Director ............................................ 4/06/83
Town Attorney . . • . 4/18/83
Upper Thompson Sanitation Distric
BRADFORD PUBLISHING COM DENVER RECORD OF PROCEEDINGS
Planning Commission - April 19, 1983 - Page 5
Trustee Richard Wood moved the Planning Commission recommend the
approval of the lot split subject to:
1. The existing nine-unit building on Lot 1 be shown
on the plat.
2. The triangle of right-of-way on the corner of Lot 1
and the 20 foot utility and access easement along
the south edge of Lots 1 and 2 should be dedicated
with this plat and the dedication be modeled after
the Dedication on the Crags property, since the Crag's
Property is in the process of annexation and subdivision.
3. In addition to the utility easements already provided
on the plat, there should be ten foot easements on
each side of the common lot line between proposed Lots
1 and 2.
Member George Hix seconded the motion and it passed unanimously.
LUPINE SUBDIVISION - LOT SPLIT:
Mr. Bill Van Horn, representing the 1st National Bank of Boulder,
Trustees for Ruth Pettit, presented Lupine Subdivision ^hich
proposes dividing Lot 1, Pettit Resubdlv:LS:^on PJollo5inq •Correspondence regarding the plat was received from the following.
Water Superintendent ....••••• 4/06/83
Town Attorney . .........................................................................4//n=i/R3
Light and Power Director..................................................
Public Works Director...................................................../
Member Craig Meusel moved the Planning °Val
Of the lot split of Lupine Subdivision to the Board of Trustees
subject to the following conditions:
1. All property pins must be set prior to Town Board
approval.
2. The Attorney's letter assures the Town that the
signatures from the 1st National Bank of Boulder,
Trustees for Ruth Pettit, are legally effective.
Member Geotge .Hix seconded the motion and it passed unanimously.
ORDINANCE AMENDING TITLE 14 AND 17 "MOBILE HOME". - PUBLIC HEARING^.
virp Chairoerson Margaret Houston opened a public hearing on the Vice Chairperson ^arg the Munici x Code in regard
iraSowISg S "mob!li homt’ to be used by a non-commercial entity
for a non-commercial purpose. Mr. Joe Andrade, Manager °
Fort Collins Employment and Training Services, spoke in favor
the amendment in order to allow a 27-foot mobile t mpfoyment
at the Chamber of Commerce Building to be utilized by an emp y
coordinator from May 1, 1983, to September 15, 19”. Lois Wood
sDoke in favor of the Code amendments for this use. i^°se
persons°speaking in opposition, none. Sentiment J,
by George Hix that this use should not be a llarfo^HerfoY/lle^1.0{,
but at some point, permanent housing shoul hearinq closed^
center. Vice Chairperson Houston declared the hearing closea.
Correspondence was received from the following:
Joe Andrade, Ft. Collins Job Service Center . . 3/21/83
Joe Andrade, Ft. Collins Job Service Center . . 3/28/83
BRADFORD PUBLISHING CO.» DENVER RECORD OF PROCEEDINGS
Planning Commission - April 19, 1983 - Page 6
Attorney White read the Ordinance amending Title 14 of the Municipal
Code and the Ordinance amending Title 17 of the Municipal Code.
Attorney White went on to explain to the Planning Commission members
that the Code needed to be changed before they could consider Mr.
Andrade's request. Member George Hix recommended that the amended
Ordinances be favorably recommended to the Town Board of Trustees.
Member Richard Wood seconded the motion and it passed unanimously.
REQUEST TO AMEND THE MUNICIPAL CODE AS IT RELATES TO R-2 DISTRICT;
Ms. Ruth Rathsack appeared before the Planning Commission to request
the Municipal Code be amended to allow child care centers in an R-2
Multiple Family Residential District. Correspondence was received
from the following;
Ruth Rathsack ............................................................... 3/21/83
Planning Commission Chairman ............................ 4/14/83
Public Works Director .............................................. 4/11/83
In the Planning Commission Chairman's letter of April 14, 1983,
and the Public Works Director's letter of April 11, 1983, both
agreed that if a zoning change is considered to allow for child
care centers in an R-2 Zone, that perhaps the change should be
to permit this activity by special_review. A discussion followed.
Other persons speaking for the zoning change were: Jack Hickey,
Social Services; Mary Kay Mack and Jeremy Kaecher. Member George
Hix moved that the Municipal Code amendment to allow child care centers
in an R-2 Multiple Family Residential District as a special review be
favorably recommended to the Board of Trustees. Member Steve Komito
seconded the motion and it passed unanimously.
REQUEST TO AMEND THE MASTER PLAN;
Mr. Bill Van Horn, representing the Estes Park Community Cooperative,
appeared before the Commission to request the Estes Park Comprehensive
Plan be amended to "low density premanufactured housing in tne
Chalet Estates area (between Highway 7 and the entrance to the
Chalet). The property needs to be rezoned to allow for premanufactured
housing and the County refuses to grant the zoning cha^ge necessary
until the Estes Park Comprehensive Master Plan is amended. Mr.
Van Horn requested the Planning Commission set the public hearing
date to amend the Plan so the Estes Park Community Cooperative
could proceed with their property rezoning. Correspondence was
received from the following;
Bill Van Horn.............................................................VnVnA
Public Works Director ............................................
Attorney White stated that the Estes Park Comprehensive Plan did not
legally need to be changed before the County rezoned this property,
but the County is taking a conservative approach to the rezoning
due to another law suit on a similar situation. In his letter of
April 13 1983, Public Works Director Widmer expressed concern
about changing the Master Plan for a site sPecif ic+.Pu^°?! *,
lengthy discussion followed. Mr. Van Horn statef his letter
of Aoril 7 1983, was a formal request to amend the Master Plan. _
Member Steve Komito moved the Planning Conii;lissi?5_sch^^;jf3racP^iq;LC
hearing on the proposed amendment for May 17, 1983. Member C g
Meusel seconded the motion and it passed unanimously.
LARIMER COUNTY REFERRALS;
HERNDON EXEMPTION - Request for two parcels, one of 11 a°^es^2w)
one of 72 acres at 3501 Devil's Gulch Road Ejection 4, T5N, R72W).
Mr. Tom Binstock, on behalf of the petitioner, acres
Herndon wishes to own and occupy the existing house on the 11
BRADFORD PUBLISHING CO.t DENVER RECORD OF PROCEEDINGS
Planning Commission - April 19, 1983 - Page 7
and sell the remainder of the property. An existing non-conforming
use of a campground and travel trailer is on the property according
to the County. Mr. Welby Wolfe, President of the North End Property
Owners Association, spoke against the subdivision unless the present
non-conforming use as a campground is removed (Tract 2, 72 acres)
and the E-Estate zoning is restored to Tract 1 (11 acres). Correspondence
was received from:
Welby Wolfe, NEPOA.............................................................4/16/83
Public Works Director....................................................4/11/83
Member Richard A. Wood moved that this exemption be favorably recommended
to the Larimer County Planning Commission on the condition that
the existing non-conforming use be discontinued. Member Komito
seconded the motion and it passed unanimously.
LEWIS EXEMPTION - Request for two parcels of approximately 19 acres
each on the East Fork of Fish Creek (SE% of NE% of Section 7, T4N,
R72W). Member Richard Wood moved that this variance be favorably
recommended to the Larimer County Planning Commission. Trustee
Steve Komito seconded the motion and it passed unanimously.
LEWIS VARIANCE - This request is for the above property to allow
legal access by private right-of-way to the two parcels created
by the exemption. Member George Hix moved the variance request
be favorably recommended to the Larimer County Board of Adjustment.
Member Richard Wood seconded the motion and it passed unanimously.
There being no further business, the meeting adjourned.
Ann E. Jens