HomeMy WebLinkAboutMINUTES Planning Commission 1991-03-19BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
PLANNING COMMISSION
March 19, 1991
Commission:
Attending:
Also Attending:
Absent:
Chairman A1 Sager, Commissioners Wendell Amos,
Mark Brovm, Harriet Burgess, Alma Hix, Larry
Wexler, and Richard Wood
Chairman Sager, Commissioners Amos, Burgess,
A. Hix and Wexler
Trustee/Liaison Garrett, Community Development
Director Stamey, Town Attorney White, Clerk
O'Connor
Commissioners Brown and Wood
Chairman Sager called the meeting to order at 1:30 P.M.
1. APPROVAL OF MINUTES.
Minutes of the Planning Commission meeting held February 19,
1991 were approved as submitted.
Community Development Director advised all recommendations would be
forwarded to the Board of Trustees for their meeting scheduled
April 9, 1991.
2. SPECIAL REVIEWS.
Revised Special Review #90-8, Trail Ridge Apartments,
Southeast Corner of Highway 7 and Community Drive - Tibbetts
& Co./Applicant.
Chairman Sager opened a public hearing to consider the above
referenced special review application. Peter Wood, Architect,
commented that the applicant is proposing to construct a 24-
unit apartment project with three 8-unit buildings and an
office/recreation building. Access is gained from Community
Drive, and 33 parking spaces are being proposed. A revised
development plan was submitted February 26, 1991 which
incorporated Planning Commission concerns pertaining to
density, redesign of the buildings, grading, and laundry
facilities will be included in each building. Mr. Wood
confirmed that all buildings will conform to current building
codes relative to fire sprinkler concerns expressed by Fire
Chief Rumley. Terry Hall/Danter Co., offered testimony
pertaining to the market study he conducted (a copy of the
study and subsequent update was previously supplied to each
Commissioner). In summary, the survey found 118 rental
assistance units are needed, and, with the proposed 24
additional units, a deficit of 80 units will remain. Those
speaking in "favor" of the proposal: Annie Racine/Estes Park
Board of Realtors, Vicky Holler/Coldwell Banker, Diane
Koontz/Coldwell Banker, Rollie Hinze/Rocky Mountain Realty,
and Frank Williams. All those in favor commented on the lack
of housing and urged approval of the development. Those
speaking in "opposition": Paul Koona, Manager/Eagle View-
Eagle's Landing, who presented a letter of opposition
containing 13 signatures, and questioned the effect on
property values, whether the project would remain senior
housing, and parking; and Mike Sollenberger/Pine Knoll
Apartments, who questioned the validity of the market survey
and the development's impact on his apartments. In rebuttal,
Kenneth Davidson, attorney for the Applicant, commented he was
not aware of any pending action against his client from FHA,
the project is being designed as senior housing with 1-bedroom
units, and the number of parking spaces being provided
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 19, 1991 - Page 2
exceeded Town standards. Terry Hall briefed the Commission on
his firm's credentials, and the methodology used to prepare
the market study. There being no further testimony, Chairman
Sager declared the public hearing closed. Community
Development Director Stamey reviewed the staff report, stating
the Applicant must submit a drawing indicating all
modifications mentioned above, and that comments regarding
runoff detention submitted by the Public Works Department
should be included in the Commission's action. The Commission
confirmed that should the project be changed from senior
housing to family housing, this action would not be subject to
review. It was moved and seconded (Burgess/Wexler) Special
Review #90-8 be favorably recommended to the Board of Trustees
contingent upon the following conditions:
1. Landscape Plan should be revised to replace
"Russian Olive" with "Narrow Leaf Cottonwood"
trees. Grading should be performed in such a
manner as to protect existing trees; tree wells
should be used to protect, where necessary.
2. Two (2) fire hydrants be installed as recommended
by Fire Chief Rumley.
3. Water service taps be sized in accordance with the
Town's water standards.
4. The raw water line along the south property line be
lowered and protected with a minimum 5' ground
cover, in a manner acceptable to the Estes Valley
Recreation and Park District (EVRPD). All work to
be coordinated with EVRPD.
5. An 8" sewer collection line be built to Upper
Thompson Sanitation District standards.
Appropriate easement for line extension should be
obtained.
6. A gas line layout, acceptable to Public Service, be
prepared and shown in the development plan if gas
is to be used.
7. Pertaining to drainage, the culverts will have a
minimum 15" diameter. The runoff from the concrete
parking lot adjacent to Buildings 2 and 3 be routed
to the detention pond. The pond's volume be sized
to accommodate this additional runoff. Rip-rap is
required from the edge of the lot and the proposed
culvert, to the pond's outlet structure.
8. An amended plat to combine the properties must be
submitted and approved for this project to be
acceptable under density and setback requirements.
Approval of this special review will be contingent
upon the filing and approval of an amended plat.
It will be necessary for the Applicant to agree to
waive any vested property rights claim until such
time as said amended plat is approved.
and it passed unanimously.
3. 3.A. Request to Rezone Lot 1. Tibbetts Addition from County
Zoning to R-M Multiple Family - Tibbetts & Co./Applicant.
Chairman Sager opened a public hearing to consider this
rezoning request. Director Stamey identified the property
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 19/ 1991 - Page 3
(20' wide X 320' long), and stated it was recently annexed.
The Applicant is requesting the lot be zoned R-M Multiple
Family. This lot will be combined with Lots 1 and 2, South
Saint Vrain Addition. Paul Kochevar, representing the
Applicant, commented that his firm is proceeding with a plat
to combine the three lots as identified above. There were no
persons speaking in opposition to the proposal, and Chairman
Sager declared the public hearing closed. It was moved and
seconded (A. Hix/Burgess) the rezoning request to R-M Multiple
Family be favorably recommended to the Board of Trustees, and
it passed unanimously.
3.B. Request to Rezone Tract 96. Fall River Addition, 1950
and 1980 Fall River Road (Placid Lake Property) from E-Estate
to R-M Multiple Family - J. R. & Rachel B. Preston/Applicant.
Chairman Sager opened a public hearing to consider this
rezoning request to R-M Multiple Family. The Applicant is
requesting R-M zoning to allow construction of 4-5 additional
family residences on approximately 14 acres, 7% of which is
developable. Paul Kochevar, Applicant's representative,
requested the Commission receive testimony and continue any
action to the Commission meeting scheduled April 16, 1991. A
residence and guest house are currently on the site; access is
via Fall River Road and private bridge; there are two (2)
distinct land areas—a natural tree-covered slope with 40-80%
grade and a 10-acre± buildable site with access to Fall River
Road and all utilities. The southerly 4 acres is very steep
with only a pedestrian access being economically feasible.
Site configuration makes it very difficult to get building
sites. Surrounding zoning includes R-M, C-0, E-Estate and
County T-Tourist. The property most affected by the proposal
is Lot 43 owned by Mr. and Mrs. Howard Barnes. Chairman Sager
expressed concern regarding the appropriateness of the change
in relation to the purpose of the zoning regulation. Those
speaking in "favor" none. Those speaking in "opposition
Howard and Mid Barnes, who, in summary, expressed concern that
a plan had not been submitted which identified exactly what
was being proposed, what will occur if the current owner sells
the property, there exists a wildlife trail to the river,
including a wildlife breeding ground and there is a prolific
spring on the property. A letter dated March 15, ^991
submitted by Mr. and Mrs. Barnes was acknowledged and made a
part of the record by reference thereto. In rebuttal, Ite.
Kochevar stated that a plan cannot be prepared indicating what
will be developed until approval is given to rezone the
property. Discussion included a condominium^ configuration
relative to access, blanket easements, limitation on how many
buildings could be constructed due to steepness of the land,
and floodplain regulations. Community Development Director
Stamey reviewed the staff comments identifying Comprehensive
Plan recommendations and environmental features of the site,
and it was moved and seconded (Amos/A. Hix) the rezoning
request be continued to April 16, 1991, and it passed
unanimously.
4. ZONING REGULATIONS - POTENTIAL REVISIONS.
Staff reported that the following four (4) zoning district
standards would be considered;
4.A. Bed and Breakfast (B & B) . Community Development
Director Stamey reported a meeting was held March 12 with Be
and Breakfast representatives to discuss B & B issues.
summarized the proposal as follows; (1) J? ® ®
from the E-Estate Zoning, (2) grandfather existing E-Estate B
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 19, 1991 - Page 4
& B's and Increase allowable number of persons from 5 to 6,
(3) allow B & B's in the R-S Zone, provided the lot has
frontage on an arterial street, increasing the number of
persons from 5 to 6, and (4) allow B & B's in the R-M Zone,
and increase the number of persons from 5 to 10. Dean
Wariner, Chairman/Bed and Breakfast Inns of Estes Park,
provided copies of a B & B publication and miscellaneous
information to the Commission, and he provided an overview of
such an operation and its evolution thereof. Commissioner A.
Hix commented that, in her opinion, the Commission's role was
to determine whether such a business belongs in certain zones,
and if so where, and the associated demand on utilities. Mr.
Wariner stated that B & B operators will cooperate fully with
the Planning commission and they (B&B) desires to become a
partner in how the B & B's will operate. Frank Williams
stated that the B & B's will be an asset to the Conference
Center. B&B operator, Reginald Fowler (Emerald Manor)
reported discussions are continuing with staff, and requested
this item be tabled pending additional information. Director
Stamey acknowledged receipt of the following correspondence:
Jess Batchelder/EVIA, and John G. Phipps. Chairman Sager
expressed his appreciation for the information exchanged and
reported staff will schedule another meeting with B&B
representatives prior to the next Planning Commission
scheduled April 16.
Chairman Sager declared a 5-minute recess,
reconvened the meeting at 3:30 P.M.
Chairman Sager
Director Stamey reported that the Planning Commission was
asked to review the following: the manner in which amusements
are reviewed, special review language, and gateway standards.
Proposals regarding each of these items have been prepared.
4.B. Sport and Recreation District. The Association for
Responsible Development (ARD) submitted a letter dated March
15, 1991 and advised ARD had passed a resolution recommending
that the Town abandon a spot-zone amusement district and,
pending further consideration, staff continue with the current
special review process. The Commission also reviewed a news
article placed in the Rocky Mountain Nature Association
Newsletter prepared by Norman Ream (ARD) which addressed
gateways and the need for the Town to review basic standards.
Due to the fact that a zoning revision at this time would not
serve the community well, and the Commission could not
conclude the issue, it was moved and seconded (A. Hix/Wexler)
a Sport and Recreation District not be pursued at this time
and staff would continue with the Special Review process, and
it passed unanimously.
4.C. Arterial Street Standards. The zoning regulation
requires a 25' building setback on arterial streets. The
landscaping section requires a planting area within 15' of the
street property line. However, the parking section allows
parking lots within 5' of a street property line. The
suggested proposal would require a 25' wide planting buffer
along arterial streets for all developments, and a 15' wide
planting buffer along other streets for C-0 and R-M
developments. Additionally, outside storage would be
prohibited in the C-0 District on lots abutting an arterial
street. Staff confirmed that these standards do not change
current lot size requirements as questioned by Frank Williams.
4.D. Special Review. Language would be added stating that
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 19, 1991 - Page 5
"The applicant shall submit a statement of intent specifically
addressing the criteria in Section 17.36.030 F., 1 through 6.
The burden shall be on the applicant to demonstrate to the
satisfaction of the Planning Commission and Board of Trustees
that the proposed use meets the criteria in Section 17.36.030
F., 1 through 6, and that it will not have any adverse impacts
for the town, neighborhood, or vicinity." Also, a portion of
the "conceptual" criteria would be eliminated.
Following discussion, it was moved and seconded (Amos/Burgess)
zoning revisions pertaining to Arterial street Standards and
Special Review Procedures, as eunended, be favorably
recommended to the Board of Trustees, and it passed
unanimously.
Following completion of all agenda items, Frank Williams addressed
the Commission seeking assistance in a civil matter with an
adjacent property. Town Attorney White advised that the Planning
Commission was not the appropriate body to hear such concerns.
There being no further business. Chairman Sager adjourned the
meeting at 4:05 P.M.
Vickie O'Connor, CMC, Town Clerk