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Home My WebLink AboutMINUTES Planning Commission 1990-03-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Coimtiission March 20, 1990 Commission: Attending: Also Attending: Absent: Chairman Al Sager, Commissioners David Barker, Mark Brown, Harriet Burgess, Polly Garrett, George J. Hix, Richard Wood Chairman Sager, Commissioners Brown, Burgess, Garrett, and Hix Town Administrator Klaphake, Community Development Director Stamey, Town Attorney White, Clerk O'Connor Commissioners Barker and Wood Chairman Sager called the meeting of the Planning Commission to order at 1:34 P.M. 1. Approval of Minutes. Minutes of the Planning Commission meeting held February 20, 1990 were submitted. Chairman Sager requested the following be inserted under Agenda Item #2.a.. Special Review #89-7 Estes Park Conference Center: Page 2, Paragraph 6 - "After further discussion, v/hich included, among other things, recognition of the fact that the nearest structure, the^ High Country Motel (employee housing for the Holiday Inn) is_of such size that it appears important and in fact the^ most compelling justification for an increased height variance_^ allowed. Member Garrett moved to favorably recommend • • • • • Commissioner Garrett moved the aforestated amendment be approved and inserted in the February 20, 1990 minutes. Commissioner Brown seconded the motion and it passed unani mously. 2. Special Review Applications. Special Review Request #90-2, Bed and Breakfast. Chairman Sager opened a public hearing to consider a bed and breakfast special review application submitted by Reginald and Barbara Bonino, 775 West Wonderview Avenue, Lot 2, James Subdivision. Community Development Director Stamey reported that the property is zoned E-Estate, contains 5.004 acres, served private septic system, and gains access fromU. S. Highway 34 aka the Bypass/Wonderview Avenue. The Public Works Depart ment has requested the applicant provide a fixture^ unit audit prior to commencing the bed and breakfast operation. Those speaking in "favor" of the application: Burgess Joiner, Realtor. Mr. Joiner advised that the sale of the property has fallen through, due to financing; however, the property owner desires to continue with the application. Judy Nystrom, Realtor, stated that this property had an excellent potential for this use. The County Health Department has verified that the septic system contains an adequate capacity to serve this use, and the existing kitchen facilities will require a minimal amount of remodeling. In addition, Ms. Nystrom stated that the property has a favorable access and that such a use would create a low impact on the neighbor hood. Those speaking in "opposition": Steve Murphree. Mr. Murphree, adjacent property owner, had no opposition to tne overall bed and breakfast concept; however, he expressed concern with an approval without prior knowledge of the actual manager/owner. Mr. Murphree reported that the adja cent property to the east (Mr. Wilson) had concurred with those comments stated above. There being no^ further testimo ny, Chairman Sager declared the public hearing closed. Town BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - March 20, 1990 - Page two Attorney White confirmed that a property right is conveyed with title of the property; not having a distinct buyer for this property at this time did not have a bearing on the application. Commissioner Burgess commented that two (2) bed and breakfast operations currently existed in this neighbor hood; approval would grant "spot zoning" in the E-Estate District; other property that is already zoned to allow this use should be considered; the applicant is charged with the responsibility to prove to the Planning Commission that a variance is needed and that there will not be any negative impacts—said evidence had not been provided. Commissioner Brown questioned the possibility of subdividing the 5-acre tract and placing additional bed and breakfast operations. Attorney White confirmed that any proposed subdivisions would be submitted through the subdivision process. Director Stamey confirmed that staff's favorable recommendation was based upon the size of the site, and direct access from U. S. Highway 34. Staff also confirmed that the State Highway Department elected not to comment on this application, and the Commission did not face any potential liability pertain ing to the highway right-of-way. There being no further discussion. Commissioner Brown stated that based upon the information provided by staff, site inspection of the proper ty, and evidence provided this date. Special Review Request #90-2 be favorably recommended to the Board of Trustees, with the limitation that the property be maintained at its present size at all times that a bed and breakfast use is permitted on the property, and also staff conditions as follows; 1. 2. Add a general note to the Concept Plan stating: Bed and Breakfast use for no more than five (5) per- sons/day. Applicant schedule a water fixture unit audit with the Water Division as soon as possible, and if the fixture unit count exceeds 90 fixture units, install a 1" tap. Chairman Sager seconded the motion and it failed by the following votes; Those voting "Yes" Chairman Sager, Commis sioner Brown. Those voting "No" Commissioners Burgess, Garrett, and Hix. Commissioner Garrett moved Special Review Request #90-2 be denied, forwarding said recommendation for denial to the Board of Trustees, adding that this request leads to a practice of "spot zoning" which is detrimental to comprehen sive planning for the Town of Estes Park. Commissioner Burgess seconded the motion and it passed by the following votes; Those voting "Yes" Commissioners Burgess, Garrett, and Hix. Those voting "No" Chairman Sager, Commissioner Brown. 3. Moratorium on Commercial Amusements. Town Administrator Klaphake briefed the Commission on^ a moratorium on commercial amusements in the CD and CO Zoning Districts passed by the Board of Trustees March 13, 1990. The Trustees anticipate the 90-day moratorium will provide the Planning Commission sufficient time to prepare a location policy and standard for said amusements. If required by the Commission, the moratorium could be extended an additional 90 days. Administrator Klaphake reviewed additional amendments which could also be reviewed; 1. Prepare new definitions of amusements. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - MArch 20, 1990 - Page three Reduce the "scope" of the special review process, with a clear distinction of permitted uses. 5. Discuss new gatev/ay zoning districts along U. S. Highways 34 and 36, and State Highways 7 and 66. Special controls on land located within approximately 200' of those designated scenic roadways. Addition ally, the Town should seek similar changes by Larimer County. Require EPURA review prior to any appeal to the Board of Trustees. Revise the membership of the Planning Commission to include six (6) lay people from the community, and one (1) non-voting Town Trustee liaison. Administrator Klaphake encouraged the Commission to consider other amendments, as necessary. The intent of the moratorium is to provide a short-term examination of commercial amusements. Staff will schedule study sessions as soon as possible and contact all Commissioners. 4. Reports. A. Sign Code. Town Attorney White briefed the Trustees on a recent Colorado Supreme Court decision pertaining to bill board advertising. This action affects the amortization schedule contained in the Town's Sign Code, and it will nov7 require amendment. This section will be included in the Sign Code review currently underway. B. Riverwalk Proiect. EPURA Executive Director Anderson briefed the Commission on the Riverwalk Project currently underway. A sketch was displayed and Director Anderson reviewed walkways, picnic areas, landscaping, playground equipment, guard rails, retaining walls, floodplain, fishing pools, and the pedestrian footbridge. It is anticipated construction will be completed during this summer. C. Cleave Street Parking Lot. This item was withdrawn from the agenda. D. Long Range Planning. Commissioner Garrett suggested the Long Range Planning Committee be comprised of lay citizens from the community with no representation_ by the Town, excluding Administrator Klaphake who will serve as "facilitator." The Planning Commission, Community Develop ment Committee, and Board of Trustees will be given an opportunity to review and comment on the recommended goals during the process. Letters, seeking participation from various groups, have been mailed. V7hen a list is compiled, it will be submitted to the Planning Commission for their review. Nelson Thomas addressed the Commissioners and provided statistical data on sales tax revenues, growth patterns, inflation patterns, and growth potential. There being no further business. Chairman Sager adjourned the meeting at 2:50 P.M. Vickie O'Connor, Town Clerk