Loading...
HomeMy WebLinkAboutMINUTES Planning Commission 1987-04-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission April 21, 1987 Commission: Attending: Also Attending: Absent: Chairman Al Sager, Members David Barker, Duane Blair, Mark Brown, George Hix, Steve Komito, Richard Wood All Town Administrator Hill, Engineer Widmer, Town Planner Stamey, Town Attorney White, Secretary Jones None Town 1. Minutes of the Planning Commission meeting held March 17, 1987 were submitted and approved. 2. SUBDIVISIONS 2. a. Amended Plat of Lots 18, 17B and a portion of Lot 17A Sunny Acres Addition (481 W. Elkhorn, American Wilderness Lodge Mr. Bill Van Horn, representing the petitioner, presented the aforementioned amended plat. The applicant is proposing to include the east 17' of Lot 17A with a portion of Lot 17B, and enlarge Lot 18, while decreasing Lot 17B. The 1 1/2 story frame structure and the west end of the L-shaped, 2-story structure would be placed on Lot 18. The west 2- story frame building would be the only structure on revised Lot 17B. Planner Stamey summarized the staff report, identified items that needed to be added to the plat, and noted that the sign/planter on the property encroaches into the public right-of-way. Letters from Town Engineer Widmer, Building Inspector Allman, and the Colorado Division of Highways were read. All commented on the sign encroachment. Applicant applied for a sign permit on April 2, 1987 to install a new free-standing sign. The sign permit indicated compliance with the required 8' property line setback for free-standing signs. However, the applicant proceeded to install the new sign in the existing sign/planter. Thus the new sign is in violation of the sign code and sign permit. Town Attorney White also stated that the new free-standing sign is in violation of the Town's sign code. After discussion. Member Brown stated that the granting of the exception would be materially detrimental to the public welfare and injurious to other property in the neighborhood in which the property of the petitioner is situated and in conflict with the purposes and objectives of Title 16, and moved that this request be tabled until the encroachment is corrected. Member Wood seconded the motion and the vote was unanimous to table the request. 3. SPECIAL REVIEW 3. a. Special Review #87-5, Estes Park Trolley Member Brown declared that he had a conflict of interest and would abstain from the discussion and vote on this request. Mr. Tom Brown presented the special review request for the Estes Park Trolley Corporation. Applicant is proposing to BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21, 1987 - Page two operate a public transit system in Estes Park and outlying areas, utilizing five trackless trolleys on four routes, primarily State Highways 34, 36, 7 and Spur 66. A number of fixed and identifiable stops are proposed along these highways. Bridget and Jerry Gardner, managers of the trolley system, were present to address the Commission and to present a video tape of the system currently operating in Kansas City. Planner Stamey summarized the staff report and stated that the new transit center on Elkhorn and MacGregor is proposed as a major terminal for passenger loading/unloading operations. Transit operations would occur from 9:00 A.M to 10:00 P.M. The review criteria established the following information: o Applicant has applied for a P.U.C. license; o The proposed operation will not adversely impact local roads; o The proposed system could provide an important public service; could help relieve some traffic congestion and parking demand in downtown areas; could provide support services for several land uses; could lend interest to the community. Planner Stamey acknowledged receipt of the following correspondence from referral agencies: Town Engineer........................ April 14, 1987 Town Attorney........................ April 10, 1987 Light & Power Dept.............. April 3, 1987 Colorado Div. of Highways..April 10, 1987 EPURA............................................April 21, 1987 The Division of Highways expressed concern with stops and "Trolley Stop" signs being in highway right-of-way and stated that stopping points and signs for private commercial enterprise must be kept outside the highway right-of-way. The following people addressed the Commission in favor of the system: Jim Barleen, Louis O'Riordan, Bill Van Horn, Seymour Graham. No one spoke in opposition. Member Barker moved Special Review Request #87-5 Estes Park Trolley be favorably recommended to the Board of Trustees with the following conditions: 1. Stopping points within the State highway right-of-way be eliminated. 2. All signs must comply with the Town's sign code and CDOH requirements. 3. All stops on public property be reviewed and approved by the Chief of Police. Member Blair seconded the motion and it passed by the following vote: Those voting "Yes", Members Barker, Blair, Hix, Wood, Sager, Komito. Member Brown abstained from voting. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21, 1987 - Page three 4. PUBLIC HEARINGS 4.a. Request to amend Chapter 17.66 of the Town's sign code to permit advertising signs on public transportation vehicles Member Brown declared that he had a conflict of interest and would abstain from the discussion and vote on this request. Chairman Sager opened the public hearing which was for the purpose of considering amending the sign code to permit advertising on public transportation vehicles. The request for this amendment was made by the Estes Park Trolley Corp. Mr. Tom Brown addressed the Commission and stated that financial analysis shows the trolley corporation would need an outside source of income and advertising on the exterior of the trolleys would be necessary in order to sustain the system. He stated the signs would be on the exterior, sides and rear, and would not be illuminated. Public comment was heard from the following: Jim Barleen - Supported the amendment saying the trolley was such a unique community service. Dave Habecker - Stated he felt more black topped parking lots would look worse than having advertising on trolleys. Seymour Graham - Felt some type of public transportation was long overdue - would be a great asset for the town. Steve Coffin (KSIR) - stated the sign code amendment would give the station an outlet for outdoor advertising. Carol Ball - Feels advertising should be in keeping with look of vehicle. Ray Lindsey (EVIA) - In favor of admendment and commented about the number of trucks that already have large advertisements on them. Mr. Louis O'Riordan spoke in opposition to the amendment saying it was selective legislation for the elite and felt the Town should subsidize the operation out of its advertising budget rather than change the sign code. Opposition was also expressed by Alan Wilson, Manager of Inn of Estes Park and Greg Marousek, Manager of Sears Catalog store. Town Attorney White noted that the amendment would permit advertising on vehicles licensed by the PUC, acting as a common carrier for hire, and operating on a schedule for the transportation of passengers. Hearing no further comment from the public. Chairman Sager declared the public hearing closed. After further discussion. Member Barker moved this proposed amendment be favorably recommended to the Town Board with the following conditions: 1. In Section 17.66.040, para. 12, sub. para. B., delete windows from the paragraph. 2. Subparagraph C., refer to Section 17.66.190, Pro­ hibited Signs. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21, 1987 - Page four Member Hix seconded the motion and the vote was as follows: Those voting "Yes", Barker, Blair, Hix, Wood. Those voting "No", Sager, Komito. Member Brown abstained from voting. Chairman Sager expressed concern with amending the sign code to have "off-premises" advertising and stated he could not reconcile changing the present sign code. 4.b. Proposed Amendment to Title 17 of the Municipal Code, Chapter 17.08 and Chapter 17.28 concerning amendments to the Town's floodplain regulations. Chairman Sager opened the public hearing which was for the purpose of considering the adoption of changes to the Town's floodplain regulations. The Town is currently enrolled in the National Flood Insurance Program (NFIP). The Federal Emergency Management Agency (FEMA) has made changes in the floodplain regulation criteria and notified the Town that these changes need to be adopted in order to remain eligible for the National Flood Insurance Program. The changes include: 1. The term "Federal Emergency Management Agency" replaces Federal Flood Insurance Administration. 2. The term "lowest floor" replaces lowest floor habitable and lowest habitable floor. 3. A new definition of "lowest floor". 4. A new definition of "manufactured home", for floodplain management purposes. 5. A new definition of "manufactured home park or sub­ division" for floodplain management purposes. 6. New language for floodproofing. 7. Requires that all manufactured homes to be placed or substantially improved, be elevated at or above the base flood elevation and anchored. 8. Have a records repository for public inspection. 9. Adoption of new flood plain maps. Hearing no comment from the public. Chairman Sager declared the public hearing closed. Motion was made by Member Hix that these ordinance changes be favorably recommended to the Town Board for approval. Member Brown seconded the motion and it passed unanimously. 4.C. Proposed Amendment to Section 17.20.040, Setbacks, and Section 17.36.010. Development Plan Applicability (continued from March 17, 1987). Chairman Sager declared a public hearing to consider amending the Town's zoning regulations regarding setbacks and development plan applicability. Member Brown suggested each section be considered as separate issues. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21, 1987 - Page five PROPOSED SETBACK MODIFICATIONS Section 17.20.040 Zoning District Street Line Side Rear E-Est.25*25*25' R-S 25 * - Arterial 15* - Other 10* 25 * when abutting E-Est. 15* 25 * when abutting E-Est. R-M 25 *10* 251 when abutting E-Est. 10' 25 * when abutting E-Est. C-0 & C-H 25*15* 25 * when abutting E, R-S, R-M 15 * 251 when abutting E, R-S, R-M David Habecker addressed the Commission commenting on the hardship the 25' setback requirement would place on developers and homeowners in some of the older subdivisions. Seymour Graham, representing ARD, spoke in favor of keeping the 25' setback requirement. Mr. Bill Van Horn expressed concern regarding nonconforming properties. Member Brown stated the setback modifications reflect compromise and moved the proposed setback modifications be favorably recommended to the Town Board. Member Hix seconded the motion and it passed unanimously. Development Plan Applicability - (17.36.010, H., 2.) This area of review concerned clarifying language under Development Plan Applicability. The proposed changes are to Paragraph a., adding and at the end of this section in order to clarify that sub-paragraph b. may also apply; and to Paragraph b., adding the term "residential developments" as opposed to "residential subdivisions". Hearing no further comment from the public. Chairman Sager declared the hearing closed. Motion was made by Member Wood that the proposed modification be favorably recommended to the Town Board. Member Brown seconded the motion and it passed unanimously. 4. DEVELOPMENT PLAN AMENDMENTS 4.a. Special Review tt86-4. Trout Pond - Request to modify construction of highway walkway and location of fee building Mr. Paul Kochevar represented the owners of Catch Wild Trout Partnershp and presented the cimended plan. This application was approved by the Town in June, 1986. Applicant is proposing to amend the Development Plan as follows; BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21, 1987 - Page six 1. Replace the freestanding fee building with an addition onto the existing residential structure. This modification was approved by the Board of Adjustment on April 17, 1987. 2. Construct a river walkway in lieu of constructing the highway frontage walkway. Member Brown moved this request be approved with the following conditions; 1. That an easement for the river walkway be executed to include adequate provision for public access in the future. 2. The Town not be responsible for maintenance of the "dead end" river walk. Member Blair seconded the motion and it passed unanimously. 5. REPORTS Due to Colorado Municipal League meeting in June, motion was made by Member Wood to change the June Planning Commission meeting to Monday, June 15,_ 1987. Member Brown seconded the motion and it passed unanimously. There being no further business, the meeting adjourned.