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Home My WebLink AboutMINUTES Planning Commission 1991-04-16BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Conunission April 16, 1991 Commission: Attending: Also Attending: Absent: Chairman A1 Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Larry Wexler, and Richard Wood Chairman Sager, Commissioners Amos, A. Hix, Wexler, and Wood Trustee/Liaison Garrett, Town Administrator Klaphake, Community Development Director Stamey, Town Attorney White, Clerk O'Connor Commissioners Brown and Burgess Chairman Sager called the Planning Commission meeting to order at 1:30 P.M. 1. APPROVAL OF MINUTES. Minutes of the Planning Commission meeting held March 19, 1991 were approved as submitted. 2. SUBDIVISIONS. 2.A. Amended Plat of Lot 38, Prospect Mountain Subdivision, a Portion of Tract A. Prospect Estates Addition, Don Spomer/Applicant. As this item was not complete, it was moved and seconded (Wood/A. Hix) it be continued to May 21, 1991, and it passed unanimously. 2.B. Amended Plat of Lots 3 and 4, Prospect Village Subdivision, Rita Peterson/Applicant. The Applicant is proposing to combine two (2) existing lots into one (1) lot. A 20'-wide utility easement and a 10'-wide public walkway easement are centered on the existing common lot line between Lots 3 and 4. The plat states that the 20' utility easement would be relocated and the 10' public walkway easement would be vacated. Community Development Director Stamey acknowledged correspondence from the Public Works Department, Town Attorney, and Upper Thompson Sanitation District, noting that the Public Works Department is requesting that a 20'-wide utility easement be provided along the north and west property lines. An existing 10' easement located on the south lot line of Lot 2 would provide for 10' of the easement on the north. There are no utility easements on the east side of Lots 4 and 5, Pine River Subdivision, therefore, a 2O'-wide easement would be necessary on the west lot line. To allow for future pedestrian access connections, the 10' public walkway easement should also be maintained, preferably along the north property line. Town Attorney White commented that all utility companies should provide written confirmation of their acceptance of the easement vacation. The vacation must also be accomplished by means of an ordinance. A water line is located in the 20' utility easement, and it cannot be vacated until the water line is relocated along the north property line, in an appropriate easement. Construction plans for the water line must be submitted and approved, and the water line must be installed, or an Improvement Guarantee will be required. Representing the Applicant, Steven Wright/Van Horn Engineering, commented that he is working on the water line relocation and easement; however, the 10' public walkway easement needs to be further reviewed. Those BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning commission - April 16, 1991 > Page 2 speaking in "favor" of the Amended Plat: Frank Williams, property owner, and Bob Peterson, Applicant. Commissioner Wexler questioned why the development plan was not filed in conjunction with the amended plat, and Mr. Peterson responded that he understood he was following procedure by first presenting the amended plat. Staff clarified that such is not the case, and that the Commission frequently considers a subdivision and development plan concurrently. There were no persons speaking in "opposition to" the amended plat. Chairman Sager read the Statement of Intent advising that the Applicant is proposing a development known as the "Maze of the Rockies." Commissioner Wood commented that based upon the Statement of Intent and the Applicant's comments, that the combining of the lots is directly related to the approval of a proposed development which has not been filed. In addition, it would appear that the amended plat, since it does not in any way deal with the proposal of a development, may not necessarily be in the lot owner's best interest as the development may or may not be approved. Public perception might erroneously construe Planning Commission's recommending the plat to the Town Board as some type of tacit or preliminary approval of a proposed development, and, therefore, moved the Amended Plat of Lots 3 and 4, Prospect Village Subdivision be tabled until such time as the plat is submitted in tandem with a development proposal. Commissioner A. Hix seconded the motion and it passed unanimously. Commissioner Amos suggested that the Applicant update the amended plat to comply with the 8 provisions contained in the staff report. 3. REZONING REQUEST. Rezonina Request from E-Estate to R-M Multiple Family, Tract 96. Fall River Addition. 1950 and 1980 Fall River Road, aka Placid Lake Property. J. R. and Rachel Preston/Applicant. The Applicant has submitted a written request that this item be withdrawn, thus it was moved and seconded (A. Hix/Amos) the Commission acknowledge and approve this request. 4. SECTION 17.16.060 C. CONTAINMENT - DISCUSSION OF__ZONING REGULATION. Attorney John Phipps, representing Ann Barlow/Barlow Plaza, addressed the Commission and requested the aforementioned regulation be amended to allow outside sales on private property. The request stems from the prohibition against sidewalk sales regulated under the "containment" provision in the Zoning Regulations. Mr. Phipps based his recfuest on the following: (1) a necessity to increase sales volume if the plaza is to remain open year-round - this could be accomplished via periodic sidewalk sales where merchants would be allowed to display, within private property lines, their goods; (2) shoppers must be continually drawn to this block of Elkhorn Avenue; (3) the "open plaza" is a new concept in Estes Park and the ordinance should be modified to allow outside sales. Mr. Phipps suggested the following modification to the containment regulation: "All activities within the C-D district shall be wholly contained within property lines except for access, parking, loading and, if screened by •••"• The existing regulation contains the following: ".. .contained within buildings ...". Ann Barlow addressed the Commission stating that (1) her losses could have been reduced if outside sales were allowed, (2) the Plaza storefronts and signs are not visible and shoppers must be drawn to this block, (3) the Plaza owners have beautified the area, however, they cannot BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 16, 1991 - Page 3 succeed financially without assistance in this regard. Community Development Director Stamey identified other public ways on private property that could be affected by such an amendment (Nagl Walkway, Riverside Plaza, etc.) and stated that the historic pedestrian flow in the Barlow Plaza should be enhanced by the completion of the Riverwalk, library, conference center, and nearby development. Chairman Sager expressed concern with the number of such sales events, with Ms. Barlow confirming the sales would be conducted twice/year. In various municipalities, sidewalk sales are a^ community event. Chairman Sager reported that the Special Events Calendar does include "Sidewalk Sale Days" on October 12 and 13. Ms. Barlow stated this date is not acceptable due to the weather and lack of shoppers. Commissioner Wexler agreed that the October dates may not be the best time of year to conduct a sidewalk sale, adding that the date should receive further discussion by the Stanley Park Committee. Chairman Sager expressed appreciation to Mr. Phipps and Ms. Barlow for their testimony - no further action was taken at this time. 5. LARIMER COUNTY REFERRAL - HILLCREST ESTATES. Director Stamey reported that the Commission previously reviewed this subdivision as Big View Acres in 1984. ^ located h mile from the Town Limits, and the Applicant (Cecil Shelton) is proposing to divide a 40-acre parcel into 11 lots o? approximately 3.6 acres each. The following issues were discussed: A. B. C. D. The site is north of the existing Town Limits. It is likely that this area will be annexed to the Town in the foreseeable future. It is likely that intervening tracts will develop. It would seem appropriate for the t°itJ developed to Town standards and be serviced public water and sewer. The Estes park Comprehensive Plan t-oo^ends a '.iow density residential" land use of 5 acres/dweiiing unit. Fire protection service (long-term). Extension of the street to the west property line. Feasibility of extending Publi°i“^ilitiSiv(e1°nto term; plus reimbursement policy construction of a water line). I. Well and septic systems (long-term). Discussion, including^®Ptl^ddres1s^^ the 1issues: a Water wright/Van Horn Engineering, addre^d fences wiii be Augmentation Plan has bee architectural review, lower allowed until they receive „ ^ roads will be retained in density/topography, gravel-sur reCently occurred in this lieu of asphalt annexation has n°tj;c;inbn1Yuiu occur in the area—the firm does not believe annexati located at the foreseeable future, and a it|ble) will be obtainable pond (3 acre feet of Linnane briefed for fire protection. g^^^bursement policy regarding water fineCc0ri4uc0tnionI; ^hLh included reasonable alternatives for F. G. H. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 16, 1991 - Page 4 providing municipal water to the subdivision. Access to the pond, which is owned by Dwight Adrian, is gained via a gate from Devil's Gulch Road (approximately 200' from the subdivision). The Commission directed Director Stamey to report these identified issues to the Larimer County Planning Department, strongly urging the Applicant be required to develop the subdivision to Town standards. Chairman Sager also urged the engineering firm to consider a "curved road" in lieu of the road identified on the plat. Jess Batchelder/EVIA applauded the efforts of the Commission, urging said Commission to take a stronger role in joint planning with Larimer County. There being no further business. Chairman Sager adjourned the meeting at 2:30 P.M. Vickie O'Connor, CMC, Town Clerk