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HomeMy WebLinkAboutMINUTES Planning Commission 1987-11-17BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission November 17, 1987 Commission: Attending: Also Attending: Chairman Al Sager, Commissioners David Barker, Duane Blair, Mark Brown, George Hix, Steve Komito, Richard Wood Chairman Sager, Commissioners Barker, Blair, Brown, Hix, Komito, Wood Mayor Dannels, Town Administrator Hill, Town Attorney White, Town Planner Stamey, Town Engineer Widmer, Secretary Jones Absent;None 1. Minutes of the Planning Commission meeting held October 20, 1987 were submitted and approved. 2. PUBLIC HEARINGS 2.a. Zoning Ordinance Amendment - C-D Downtown Commercial Parking Regulation. Chairman Sager_ opened the public hearing which was to consider amending the C-D Parking Requirement. Planner Stamey reported the current parking requirement was adopted in February, 1985. The previous Planning Commission recommendation to the Town Board was determined not to be on firm legal ground and the Town Board referred this item back to the Planning Commission. Those speaking regarding the parking regulation were as follows. Charles Phares - Mr. Phares speaking as Chairman of EPURA stated EPURA supported removing the present parking fee requirement. He said to-date this requirement has generated any funds and EPURA favors creation of a Special Improvement District or construction of parking by EPURA. Peter Marsh - Mr. Marsh feels the parking requirement not helping the town and is discouraging development of new businesses in the downtown area. Seymour Graham - Mr. Graham believes .theo requirement is preventing downtown development thatcoul otherwise occur. He believes the downtown area is too expensive to build parking. Mike Haber - Mr. Haber stated that most downtown business owners, "real estate experts, and the Urban Renewal Authority are all opposed to the parking fee requirement. Feels the fee has caused hardship among downtown business people and also has prevented some businesses from expanding. Ross Brown - Mr. Brown suggests the fee be the good of the downtown area. Said he knows of sever investors who have delayed development because of the parking fee requirement. Gerald Swank - Mr. Swank stated that the majority of people who have spoken at the public hearings have been against the fee and he feels the town should take a different approach to raise money for parking. Rowland Retrum - Mr. Retrum stated the Comprehensive Plan favors development of the downtown area. He feels there are mSn? fne?LtiL In the present parking that there are no guarantees the payment of the parki g will directly benefit the business paying the fee. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 2 Bill Van Horn - Mr. Van Horn addressed the Commission saying that parking is necessary for the downtown area, but questioned how the burden could be distributed in an equitable fashion. He feels that businesses should be responsible to provide for their own needs and that it would be inequitable to completely remove the parking requirement from the C-D District. Mr. Van Horn also stated that it costs more than $2,000 per space to develop parking. If the fee is retained, property values will adjust to reflect the fee. If the fee is removed, an Improvement District should be created. Maureen Marsh - Mrs. Marsh stated that the town runs on sales tax and feels that an increase in business would give the town more funds for services. Dave Habecker - Mr. Habecker stated there would always be some inequities in any kind of parking plan. He feels the town should establish a parking plan to consider the number of spaces needed, how much additional parking would cost, where it should be, who should pay for it. Planner Stamey acknowledged receipt of a letter from T. Russell McCahan, downtown property owner, comparing the effects of pre-tax and post-tax reform on redevelopment of older properties. The letter stated that downtown renova­ tions are crippled with tax credit reductions and the loss of industrial development revenue bonds. Further, that the added burden of a parking fee stifles an already sluggish construction business and that parking should be spread among the downtown businesses, not just new construction. There being no further testimony. Chairman Sager closed this portion of the public hearing. Comments from members of the Planning Commission are summarized below: Commissioner Hix: Would like to see the $2,000 fee elimina- ted from the ordinance. Need to encourage redevelopment. EPURA has potential to build more parking. Commissioner Brown; Stated that the Commission should recognize what the Comprehensive Plan sets forth toward development paying its own way. In the past, lOO-s of downtown parking was provided by the general tax base. He said a benchmark was established in 1985 wherein the public would no longer be responsible for paying the total cost. He strongly supports redevelopment in the downtown area ana believes it has continued. He further stated the cost of a parking space is about $6,500 and believes the downtown landowners should share one-third of the cost of what parking actually costs. He also stated that the town uses a number of fees to support services and that it would not be equitable to eliminate them. Commissioner Barker; Concern was expressed with removing the iTid having new development come in and_ saturate the parking. Believes a fair and equitable compromise should be established that will not stifle downtown construction. commissioner Wood; Believes development should pay it'3 way and feels the $2,000 fee is only a small portion of cost of a parking space. Believes present fee is valid. Alternatively, an Improvement District could be a funding source. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 3 Commissioner Blair: Said he has argument for over seven years. been hearing this same If development isn't happening in the downtown area, fee should be removed. Commissioner Komito; Commented that the parking ordinance came into effect after enormous expansion of retail space in the town and during a period of down turn in the national economy. Believes the parking fee has not stopped develop­ ment in the downtown area. Chairman Sager; The majority of days each year there are parking spaces available. His main concern is that we have adequate parking during our prime season. Parking spaces are extremely limited during summer months. More parking will be needed for the future. Believes new development should share in providing adequate parking. After further discussion. Commissioner Hix moved to recommend to the Board of Trustees that the $2,000 parking fee be eliminated from the ordinance. Commissioner Blair seconded the motion and the vote was as follows: Commissioners Hix and Blair in "favor" of deleting the fee requirement; Commissioners Barker, Brown, Komito, Sager, Wood "opposed". Motion defeated. After conferring with Town Attorney White, Chairman Sager stated that a recommendation needed to be made to the Board of Trustees. Additional discussion followed with Commissioner Brown moving the Planning Commission recommend to the Board of Trustees a parking fee be retained and the Board of Trustees consider examining the fee on an annual basis to determine its adequacy in proyiding for public welfare. Commissioner Komito seconded the motion and it passed by the following votes: Those voting "yes". Commissioners Barker, Brown, Komito, Sager, Wood. Those voting "no' sioners Blair, Hix. , Commis- 2.b. Zoning Ordinance Amendments - C-O Containment and Multi- family density calculation Chairman Sager opened the public hearing. Commissioner Hix moved that this public hearing be continued until the Planning Commission meeting on December 15, 1987. Commissioner Wood seconded the motion and the vote was unanimous. 2.C. Request for Rezoninq - East 95 ft. of Lot 6,—Buenna Vista Terrace Subdivision (Applicant: Harmony Foundation). Chairman Sager opened the public hearing. Mr. Paul Kochevar of Estes Park Surveyors represented the applicant. Harmony Founda­ tion. Planner Stamey summarized the staff report stating applicant is requesting rezoning from R-S Residential to C-D Downtown Commercial. Lot 5 and Lot 6 are contiguous and under one ownership. Lot 6 is zoned C-D and Davis Street was installed over the western portion. In a separate request, applicant is requesting to adjust lot lines between lots 5 and 6 with an east/west lot line configuration. The result would be two lots with two different zoning classifications. The Comprehensive Plan generally shows commercial development along Moraine Avenue to this site. Planner Stamey acknowledged receipt of correspondence from George and Grace Ludlum, owners of Lots 15B and 16B, opposing the rezoning request. There were no comments from the audience. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 4 Chairman Sager declared the public hearing closed. Commis­ sioner Hix recommended the rezoning of the East 95 ft. of Lot 6, Buenna Vista Terrace from R-S Residential to C-D Downtown Commercial be favorably recommended to the Board of Trustees. Commissioner Brown seconded the motion and it passed unanimously. 3.SUBDIVISIONS 3.a. Amended Plat of Lots 5 and 6, Buenna Vista Terrace Subdivision (Applicant; Harmony Foundation). Mr. Paul Kochevar, representing the applicant. Harmony Foundation, stated the purpose of the amended plat was to readjust the lot lines between lots 5 and 6 and to allow for separation of buildings on these lots. Planner Stamey reviewed the staff report stating that applicant is propos­ ing a boundary line adjustment between lots 5 and 6 and, in a separate but related application, is requesting rezoning from R-S to C-D so the zoning will be uniform across the revised lot configuration. He stated that separate water service needs to be provided for each lot. Planner Stamey acknowledged receipt of the following correspondence: Colorado Div. of Highways............November 3, 1987 Public Service Company..................November 4, 1987 Light and Power Dept......................November 6, 1987 Town Engineer....................................November 9, 1987 Town Attorney....................................November 9, 1987 Estes Park Sanitation....................November 13, 1987 Town Engineer Widmer commented that the _ existing sidewalk along Moraine is in need of repair. Public Service_Company requested a gas line easement across Lot 6 be provided for the gas line serving lot 5. Town Attorney White recommended the signature block on the plat have lines for signatures of both President and Secretary of the Corporation. Mr. Kochevar stated that separate water service would be provided and the rock curbing along the sidewalk would be repaired. He also stated that an improvement guarantee letter of credit for these improvements would be provided to the town. Mr. Kochevar also commented that the status of sanitary sewer service to each lot had not been verified. If there is a common service for both lots, the owner would either separate service or work out an acceptable agreement with EPSD. Mr. Ned Linegar, who resides at 340 Davis Street, expressed concern with parking and traffic hazards where Davis Street intersects Moraine. Mr. Doug Bruinsma addressed the Commission stating he is planning on purchasing the southern part of this property from Harmony Foundation in order to open a mail order business. He stated there was ample parking space available and that 90% of his business would be mail order therefore not generating much walk-in traffic. After further discussion. Commissioner Brown stated that the qranting of the exception would not be materially detrimen­ tal to the public welfare and injurious to other property in BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 5 the neighborhood in which the property of the petitoner is situated, or in conflict with the purposes and objectives of Title 16, and moved that this request be favorably recom­ mended to the Town Board with the following conditions: 1. Vicinity map and lot acreage be added to plat. 2. Title and lot numbers modified to read "Amended Plat of Lots 5 and 6, Buenna Vista Terrace". 3. Separate water service be provided for each lot and secured by a letter of credit. 4. All property pins set prior to Town Board approval. 5. Signature block on plat have lines added for signatures of President and Secretary of Corporation. 6. The rock curbing along sidewalk be repaired and improvement secured by a letter of credit. 7. A 10 ft. utility easement be dedicated for gas line across Lot 6. 8. Provide separate sanitary sewer service for each lot, or acceptable agreement with EPSD. Commissioner Hix seconded the motion and it passed un­ animously. 3.b. Amended Plat of Lots 1 through 9, and the East 21 feet of Lot 10, Block 5, 2nd Amended Plat of the Town of Estes Park. Commissioner Hix asked to be excused from the meeting at this time. Mr. Art Anderson, Executive Director of EPURA, presented this amended plat and stated the purpose of this request was to develop the area at the Southwest corner of Elkhorn and E. Riverside as park and plaza space.^ Planner Stamey presented the staff report and stated this^ request is a combination boundary adjustment and lot split. Pedestrian access is from Elkhorn Avenue and East Riverside Drive. A new pedestrian access easement would be provided across a portion of Lot 3 from Elkhorn Avenue to the confluence area. A 12 ft. emergency access easement will also be provided along the north property line of Lot 5 from E. Riverside Drive to the rear of Lot 4. Planner Stamey acknowledged receipt of the following correspondence: Colorado Div. of Highways..............November 3, 1987 Public Service Co..............................November 4, 19 Town Engineer......................................November 6, 1987 Light and Power Dept........................November 6, 1987 Estes Park Sanitation......................November 13, 1987 Public Service Company stated that the existing gas lines supplying17144, 156, and 160 E. Elkhorn are located at the lot lines of the respective lots, therefore, a 4 utilitv easement would be necessary. Town Attorney White co™enLr?harSpon ccmPletion of ^he rlwr Improvements the property along the riverbank should an amended plat filed which accurately depicts the rear boundary lines. After discussion. Member Barker stated there are special nlcltitmol a?^r^^SIe^rat?rnPeanrih^ enjS; grantingStoft^the^rexception^^will ^ro/5^^ detrimental to the public welfare or injurious to other BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 6 property in the neighborhood in which the property is situated or in conflict with the purposes and objectives of Title 16, and moved that this request be favorably recom­ mended to the Board of Trustees with the following condi­ tions : 1. Subdivision be tied to 1/4 corner with appropriate bearings and diminsions. 2. All necessary property pins be set prior to Town Board approval. 3. Upon final completion of the river improvements, an amended plat be filed which accurately depicts the boundary lines. Commissioner Wood seconded the motion and the vote was unanimous. Commissioner Hix was absent. 4. REPORTS Chairman Sager commented that in May, 1987 the Comprehensive Plan was ten years old. At that time. Planner Stamey submitted an Executive Summary to the Commissioners for review. It was moved by Commissioner Woodthat staff comments and suggestions on Page 38 of the Executive_Summary regarding the Comprehensive Plan, be incorporated into the Planning Commission minutes and made a part hereof. Commissioner Barker seconded the motion and unanimously. Commissioner Hix was absent. (Staff comments from Executive Summary are attached). Planner Stamey advised the audience and Planning Commission of a Transportation Advisory Committee workshop and meeting to be held on Wednesday, November 18, 1987, at 3:00 and 7.30 P.M., p tively. There being no further business, the meeting adjourned. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 17, 1987 - Page 7 STAFF COMMENTS The Comprehensive Plan will be ten years old in May, 1987. Since 1977, the Town has nearly doubled in land area, from 1,698 acres to 3,191 acres. The Town's population has increased approximately 46% since 1977 (1977 population estimate = 2,320); and, in fact, the current estimated population has almost reached that projected (medium population projection) for the year 2000 - 3,399 (July 1986, Colorado Department of Local Affairs) compared to the projection of 3,929. Based upon past growth trends, the projected year 2000 population could be expected to be reached by 1991. Several of the basic concepts, guidelines and recommendations set forth In the Plan are still valid today. Some sections of, the Comprehensive Plan are out of date. It would be important to update population/demographic information and existing land use information. It would also be of great benefit to do more detailed mapping on sensitive lands such as slope characteristics, v/ildlife habitat, etc,, and to prepare a series of composite maps which illustrate sensitive lands and development concerns. \Several sections of the current plan do not necessarily need to be incorporated within a Comprehensive Plan. Some of these sections have been supplanted by more recent subject-specific plans, e.g.; Water Master Plan, Urban Renewal Plan, Library Master Plan, Facilities Study, Stanley Parle Master Plan. I believe the Comprehensive Plan should be considered for updating in 1988. The type of document could vary from the traditional type of plan the Town now has, to a shorter, more concise plan which provides a comprehensive statement of policies and criteria against which to evaluate development proposals. Policy statements could address issues such as; development on certain types of lands, e.g.: steep slopes, north-facing slopes, open meadows; density, e.g.; where should high-density be, what makes it suitable; annexation; special districts; drainage; circulation and access standards; natural resources, e.g.: scenic, views; development adjacent to Rocky Mountain National Park; criteria for commercial lands. \ Additionally, this document could set forth certain development principles and guidelines which could significantly influence the character of development and provide a statement as to what the Town of Estes Park would like to see. -38-