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HomeMy WebLinkAboutMINUTES Planning Commission 1988-01-19BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission January 19, 1988 Commission: Attending: Also Attending: Absent: Chairman A1 Sager, Commissioners David Barker, Duane Blair, Mark Brown, George Hix, Steve Komito, Richard Wood Chairman Sager, Commissioners Barker, Blair, Hix, Komito. Wood Town Administrator Hill, Town Attorney White, Town Planner Stamey, Town Engineer Widmer, Secretary Jones Commissioner Brown 1. Minutes of the Planning Commission meeting held December 15, 1987 were submitted and approved. 2. ELECTION OF OFFICERS Commissioner Blair nominated A1 Sager as Chairman of the Planning Commission. Commissioner Hix moved the nominations be closed. Commissioner Wood seconded the nomination. Vote for Chairman was as follows: Commissioners Barker, Blair, Hix, Komito, Wood voting in favor of Sager. Commissioner Sager abstained. Commissioner Brown was absent. Commissioner Blair nominated Richard Wood as Vice-Chairman of the Planning Commission. Commissioner Hix moved the nominations be closed. Commissioner Barker seconded the nomination. Vote for Vice-Chairman was as follows: Commis­ sioners Barker, Blair, Hix, Komito, Sager voting in favor of Wood. Commissioner Wood abstained. Commissioner Brown was absent. Carolyn Jones was appointed as Secretary. SUBDIVISIONS 3.a. Amended Plat, Lots 7, 8 ,and W 1/2 of Lot 10, Webster Resubdivision. Mr. Paul Kochevar, representing the applicant, KennethH. Baylis, stated the purpose of the amended plat is to combine the existing 3 1/2 lots into one lot of 0.692 acres {30,156 sq. ft.). He also stated the existing lots were only 55 ft. in width making it awkward to build on. Planner Stamey reviewed the staff report stating that an 8" water line traverses the western portion of the site and an easement needs to be provided for this water line. Applicant and engineer have met with the Water Department and determined a 15 ft. easement would be satisfactory. He also commented that a gas service line traverses the eastern portion of the site and should be located or relocated as appropriate. Access to this site is across private property from Big Horn Drive. There is not an access easement across the private property from Big Horn Drive to Lot 7 but one should be secured to ensure continued access. Discussion followed regarding historic access to this property from Big Horn Drive. Commissioner Wood noted 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 Title 16, and moved this amended plat be favorably recommended to the Town Board with the following conditions: BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - January 19, 1988 - Page 2 1. A 15 ft. wide utility easement for the water line be provided. 2. Gas service line be relocated as necessitated to accommodate development. 3. Designate the new lot as Lot 7A. 4. Provide signature block for lienholders. 5. Add the following language to the plat: "Approval of this plat creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Additionally, the Planning Commission noted that Town Board approval of the amended plat will constitute a site specific development plan and create a vested property right pursuant to Colorado law, effective for three years from the date of published approval notice. Commissioner Blair seconded the motion and unanamously. it passed 4. DEVELOPMENT PLANS 4.a. Development Plan #88-1, Lots 7, 8, 9 and W 1/2 of Lot 10, Webster Resubdivision - Applicant: Kenneth H. Baylis Mr. Paul Kochevar, Estes Park Surveyors, presented the development plan and stated applicant is proposing to construct eight dwelling units in two buildings (One 6-plex and one 2-plex). Access would be from Big Horn Drive. Mr. Kochevar submitted an additional drawing showing the portion of the proposed access area to be acquired. Planner Stamey presented the staff report and noted that this site is zoned for multi-family residential development and the proposed number of dwelling units and the building configuration are permitted under the nonconforming rules. Planner Stamey also noted that one of the proposed units should be accessible for the handicapped. Planner Stamey noted that an access easement from Big Horn Drive to this site should be secured by the applicant. The access easement should be 18 ft. in width and paved. Mr. Kochevar stated that due to ownership patterns and historic use, the applicant might not be able to acquire an 18 ft. width in some locations (the eastern 54.5 ft. of the drive would be approximately 16 ft. in width). Mr. Kochevar noted that the items identified by staff would be incor­ porated. Correspondence was acknowledged from the following referral agencies: Town Attorney White....................January 7, 1988 Public Service..............................January 5, 1988 Estes Park Sanitation................January 12, 1988 Fire Department............................January 14, 1988 Town Attorney White commented that an access easement across private property from the western end of Lot 7 to Big Horn Drive, should be provided to ensure continued access. Water and sewer facilities are adequate. However, proposed buildings need to be located a minimum of 10 ft. from the town's water line. Public Service indicated that the proposed addition on the existing structure, and the 6-plex building, may interfere with an existing gas service line and would need to be relocated at developer's expense. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - January 19, 1988 - Page 3 Commissioner Sager commented that more consideration should be given to parking. The size of the proposed parking spaces meet only the bare minimum requirements and would not be desirable for tenants. Mr. Kochevar indicated that the parking was designed to allow more open space between cars and the property line and provide more room for landscaping. After further discussion. Commissioner Barker moved this development plan be approved with the following conditions: 1. The following plan: items to be added to the development a. Location and size of water line and water line easement. b. Proposed sanitary sewer service. c. Location of gas service line and relocation noted. d. Note the intended use of the addition onto the existing one-story house. e. Signature block for lienholders. f. General note #6 read: "Construction and landscap­ ing to be complete by February 1, 1991". g. The following language added: "Approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." 2. Buildings be located a minimxim of 7 feet from the town's water line. 6. Gas service line be relocated as necessary. The property owner of this site provide an access easement across the private property from the western end of Lot 7 to Big Horn Drive prior to the issuance of a building permit for Units 1 through 8. The drawing submitted by Mr. Kochevar be incorporated as Sheet 2 of the Development Plan, identifying the easement and paved driveway. The private driveway from Big Horn Drive to the parking lot entrance be paved, except as limited by item No. 4. One dwelling unit be designated and constructed to be handicapped accessible (pursuant to Colorado law). Commissioner Barker also moved that approval of this development plan constitutes a site specific development plan and creates a vested property right pursuant to Colorado law, effective for three years from the date of published approval notice. Commissioner Hix seconded the motion and it passed un- anamously. 5. PUBLIC HEARINGS 5.a. Ordinance Amending Title 17 of the Municipal Code Pertaining to Vested Property Rights Chairman Sager opened the public_ hearing. _ Town Attorney White summarized the proposed ordinance amending Title 17 of the Municipal Code stating it adds a new section (Section 17.40) to the town's zoning code entitled Vested Property Rights in accordance with recent legislation passed by the State of Colorado. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - January 19, 1988 - Page 4 The proposed amendment provides that approval of any site specific development plan guarantees that the property may be developed according to that plan for a minimum of three years. It provides that a public hearing be held at the time of approval, with notice of the public hearing. It provides that the effective date of any site specific development plan approved shall be deemed approved upon the effective date of either the required Board of Trustees or Planning Commission approval action. It provides that any requested amendment to a site specific development plan will relate back to original approval date of the site specific development plan unless the Board of Trustees or Planning Commission specifically provide otherwise. The ordinance requires that a notice (pursuant to state statute) be published, following approval, that gives the definition of site specific development plan and vested property rights. No one from the audience spoke in "favor" or in "opposition" to the proposed amendment. Chairman Sager declared the public hearing closed. Commissioner Wood moved that this proposed amendment be favorably recommended to the Town Board. Commissioner Hix seconded the motion and it passed unanamously. 5.b. Multi-family Density Calculation Chairman Sager declared the public hearing open and stated that staff has recommended this public hearing be continued to February 16, 1988. There were no comments from the audience. Chairman Sager declared the public hearing closed. Commissioner Wood moved this hearing be continued to February 16, 1988. Commissioner Hix seconded the motion and the vote was unanamous. 6. REPORTS Chairman Sager commented that work on revising the sub­ division regulations is still pending. There being no further business, the meeting adjourned at 2:15 P.M. ■ Carolyn /onesy. Secretary