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HomeMy WebLinkAboutMINUTES Planning Commission 1991-08-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission August 20, 1991 Committee: Attending: Also Attending: Chairman A1 Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Larry Wexler and Richard Wood Chairman Sager, Commissioners Amos, Brown, Burgess, A. Hix, and Wexler Trustee/Liaison Garrett, Community Development Director Stamey, Town Attorney White, Public Works Director, Clerk O'Connor Absent: Commissioner Wood Chairman Sager called the meeting to order at 1:32 P.M. 1. APPROVAL OF MINUTES. Minutes of the Planning Commission meting held July 16, 1991 were approved as submitted. 2. DEVELOPMENT PLANS. 2.A. Development Plan #91-2,__Eagle View Condominium^ ^Revised). Lot 4. South Saint Vrain Addition - First National Bank of Loveland/Applicant - Continued from July 17f 1991. Development Plan #91-2 proposes the construction of eight (8) attached dwelling units within building enveloPfsaI' ard4.I;: Bob Dekker, Applicant's Representative, commented that at me last meeting, the parking and drainage issues were not resolved. The staff report was reviewed. Parking. Mr. Dekker reviewed personal on-site inspection statistics relative to parking demand. Steven Wright/Van Horn Engineering, stated that diagonal parking is not practical, the revised plan proposes a parking layout in front of the buildingwith eight (8) new parking spaces from one garage/unit; re-configuration of the five (5) spaces at the northwest portion of the site, wi^th a aisle,gt ff,s total of 72 parking spaces being provided. Staff determination of the parking demand is 84 spaces. the Manager's concerns (existing condominium xmits), Mr. W^?gh” reported that a low curb (6" high) will Redesigned Which will provide an additional overhang of 2' t° space located to the north of the property. In the Staff Report, community Development Director Stamey PuggeS^te.d a provision be placed on the plat that the COnt to be used for parking (e.g. not storage). Jess Batchelder/EVIA, requested and received clar;J,f;LCa^^°”ti x enforcement pertaining to the garages and potential conversion. tL Applicant contends that ■72Paf iny/aCD™ adequate for this proposal. Drainage Plan. reported that such a plan has been submitted to the Public Works Department. Landscaping Plan. c°IIun^ss;l-one^;S.^a^tified and received clarification on a "Colorado Juniper identified in said Plan. Phased-Development. Mr. Dekker reJialL}5ed thaQ development may occur in two phases with aac^ eachinclude one (1) building, consisting of four (4) units each, and that the Applicant understood t^at the parking must b reconfigured and the landscaping must be installed with the first phase. There being no further testimony, it was moved IsJown/" Hix) Development Plan #91-2 Engle View conaominx^e be approved contingent upon the following, and it passed unanimously: BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - August 20, 1991 - Page 2 5. 1. A note be added to the Development Plan stating that the garages will be maintained for parking. 2. Revise the signature block. 3. No rooftop drainage be allowed to the south. All rooftop drainage must be directed to the north and onto the parking area. 4. Provide a ’•weir" detail for both detention ponds. Add the following to the Development Plan; weir construction details, splash block/pipe outflow construction detail, and detention pond retrofit detail showing the additional railroad ties. 6. Submit a supplemental sheet providing revisions made this date, to include landscaping, parking (low curb detail), and drainage detail. 2.B. Development Plan #91-3. Peregrine Point, Portion of Lots 22 and 12. Block 10. Second Amended Plat, Town of Estes Park - David and Susan Habecker/Applicant. The Development Plan proposes two primary buildings; one building/5 dwelling units, and one building/3 dwelling units. All dwelling units will be attached and will include garages. An accessory structure will be constructed on-site to function as a garage/utility enclosure. The staff report was reviewed. Steven Wright/Van Horn Engineering, Applicant s representative, commented that the Applicant is proposing an 8-unit condominium project on 1.3 Acres. Drainage. Mr. Wright advised that he would like to amend the outflow location to the southeast corner of the parking lot, draining to the bermed area so as to allow the weir and riprap to retain all drainage on-site. In addition, the inlet box of the culvert will be replaced with a flared-end culvert. Landscaping. Mr. Wright advised that the Applicant desires both drainage and landscaping details be delayed until after the first unit is constructed. Director Linnane suggested the existing roadside be re-seeded should the time extension be allowed. The Commission commended the Applicant in retaining existing trees, shrubs, and major rock forma^ions* was offered from adjacent property owners; Mrs- Wayne Clark, 220 Spruce Dr./primary concerns; high density, noise pollution, traffic safety, building h®^9ht, trespassing, screening/fence, and drainage; Sue Ashby, 220 Horn D?!/drainage relating to erosion; William Berenson, 217 Spruce Dr./whether there is a necessity for addl^;L°nai units in the community/market analysis, and traffic control. The commission and staff clarified those issues raised by the aforementioned, confirming that the Applicant has met Zoning code requirements. Director Stamey recognized correspondence received from Marcella Coleman, former resident. Recoqnizing those comments expressed by the adjacent property oSnSs^l^ was moved and seconded (Brown/A. Hix) Development Plan #91-3 Peregrine Point be approved subject to the following conditions, and it passed unanimously; 1. Add one (1) independent parking space. 2. Sanitary sewer service lines be replaced as more- fully described in the Estes Park Sanitation District letter dated August 13, 1991. 3. Clarify those changes made this date regarding BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - August 20, 1991 -* Page 3 drainage and building Development Plan. unit numbers on the 4. Submit a complete planting list. 5. Extend underground electric service. 6. Drainage; roadside ditch be re-seeded to prevent erosion; culvert inlet box be replaced with a new flared-end section designed to connect to the new ditch; the southwest detention pond be designed to eliminate discharge onto adjacent property; all drainage and landscaping facilities, sized for ultimate development, be constructed prior to issuance of a building permit for Building "B", plus an Improvement Guarantee must be provided for drainage and landscaping prior to issuance of a building permit for Building A. Said Guarantee to be subject to approval by the Town Attorney. Drainage and landscaping details to be submitted for Town Approval prior to the issuance ^ of a building permit, and said details to be indicated on the Development Plan. 7. Add a note to the Development Plan stating that the garages will be maintained for parking. 8. Approval is subject to acceptance by the Estes Park Urban Renewal Authority (property is within the Urban Renewal District). In addition, the Commission suggests that they should review driveway parking spaces to determine whether counting same toward parking demand is acceptable. Commissioner Amos also stated that the Public Safety Committee should review potential traffic problems in the area. 2.C. Development Plan #91-4. Animal Medical Clinic of Estes Park. Lot 15. DeVille Subdivision of Manford Addition_n Clifford Dill/Applicant. The Applicant is proposing a two-story veterinary clinic. The upper level will house a veterinary hospital with dog grooming facilities and kennels for in-house patients. The lower level will consist of a garage primarily for treatment of large animals and storage, plus three (3) retail or office spaces. Outdoor kennel runs will be enclosed with both a chain link and 6' cedar fence which will also serve as a visual and noise barrier. The staff report was reviewed. David Habecker, Applicant's representative, commented that the Applicant would meet staff's recommendations, but did not agree with the required landscaping. Discussion on the noise impact relative to the dog runs and a nearby day care center followed. Commissioner Amos suggested the Applicant obtain a sound- abatement engineering study prior to proceeding further. Mr. Habecker stated that various sound-proofing materials are being researched, and he guaranteed that should noise become an issue, the animals could be contained inside the structure until the noise is abated. Mr. Habecker also stated that the roof could be extended over the kennels at a later date. There were no comments from the audience. It was moved and seconded (Wexler/Burgess) Development Plan #91-4 Animal Medical Clinic of Estes Park be approved subject to the following conditions, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, A. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - August 20, 1991 - Page 4 Hix, Sager and Wexler. Those voting "No" Commissioner Amos: 1. 2. 3. 4. 5. 6. 7. 8. All utilities be installed in separate trenches. The Applicant to extend a 6" water main to the site from the existing water main approximately 80' south of the site, and submit engineer's construction drawings to the Water Department prior to issuance of a building permit. This note to be placed on the Development Plan. Applicant to extend electric service to the site. Sanitary sewer system be constructed in accordance with Upper Thompson Sanitation District standards. Drainage improvements be constructed in accordance with the Public Works Director memorandum dated August 6, 1991, with details to be added to the Development Plan. All landscaping be installed prior to issuance of a Certificate of Occupancy, or installation of such guaranteed with an Improvement Guarantee. Location of trash dumpster(s) and location and type of exterior lighting be indicated on the Development Plan. Hours of use for the outdoor kennels shall be 7:00 A.M. - 7:00 P.M. Landscaping (conifer trees) shall be added around the perimeter of the kennels. The building design will allow for modification if noise becomes a problem. Noise - Applicant to control any noise problem immediately upon notice, and permanently remedy within 60 days. The kennel proposed in the future will not be allowed should noise become an issue. 3. SUBDIVISIONS. 3.A. Lot 1. Homestead Subdivision (Sommerset Condominiums)# Preliminary Plat - Tom Brown/Applicant. In 1985, the Planning Commission approved a Development Plan for Summerset Condominiums. That plan proposed development of 28 dwelling units, 17 of which were located on the southern portion of the site. The proposed subdivision creates five (5) single-family lots, one lot for an existing duplex, and one lot for existing units 3-8 and proposed units 9-11. This subdivision also proposes the dedication of a public street. Paul Kochevar, Applicant's representative, stated that Sommerset Condominiums will remain on 2% acres and that the remaining 4% acres will be used for the 5 single-family lots. Density is being reduced by 12 units and this reduction has been approved by the eight (8) existing homeowners. However, the homeowners have not approved the designated open space area between Fall River and U. S. Highway 34 for public access. Lot 2 does not meet minimum lot area requirements and the Applicant is requesting an exception. Access. Prior approvals have included a similar access system with a private street. The Commission raised questions pertaining to emergency access. John Chilson, Attorney, briefed the Commission on the history of the Supreme Court ruling on the Old Fall River Road aka James McIntyre Road which prevented the road from becoming a public road. A prescriptive right easement requires a 20-year consecutive use and in this BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - August 20, 1991 - Page 5 ruling, the time-limit would expire in 1999, thus no public access exists. Jim Tawney/Ponderosa Lodge, submitted a letter raising the question of access rights of the Lodge along the Old Fall River Road. In summary. Town Attorney White commented that actions taken by the Commission this date will not affect Mr. Tawney's right of access—the concern is of a private nature between Mr. Tawney and the land owner. Mr. Kochevar reported that the Applicant would be willing to place a chained access at the south end of the property which would enable emergency access. There being no further testimony, it was moved and seconded (Brown/Burgess), the Preliminary Plat of Lot 1, Homestead Subdivision/Sximmerset Condominiums be approved contingent upon the following conditions, and it passed unanimously: 1. Lots 1 and 2 remain under one (1) ownership and never be severed. 2. The area between Fall River and U. S. Highway 34 be designated as open space, and a public access easement be dedicated for pedestrian/bicycle use. 3. Cable utilities be extended underground to individual dwelling units. 4. An emergency access easement be provided, running concurrently with the utility easement, and that said emergency access easement may be closed-off by a chain. 5. Sanitary sewer system in accordance with Upper Thompson Sanitation District standards. 6. Gas line system in accordance with Public Service Company standards. 7. Indicate the following on the final plat: (A) the proposed relocation of the electric distribution system; (B) provide cul-de-sac street name; and (C) provide street intersection details. 4. SPECIAL REVIEW. 4.A. Special Review #91-5. Lot 5 and Portion of Lots 4 and 6, Block 1. Seconded Amended Plat, Town of Estes Park, Pink Canopy Restaurant. 255 Park Lane. Minno Riz and A. Claire Rav/Applicant. Commissioner A. Hix cited a potential "conflict of interest" and withdrew from the panel and meeting room. Chairman Sager opened a public hearing to consider the conversion of an existing structure into a restaurant with outdoor seating/eating. Outdoor seating/eating areas are proposed on the south and east sides of the building. The proposal includes a new front entrance, and handicapped accessibility is being provided from the rear (north) entrance only. Paul Kochevar, Estes Park Surveyors, represented the Applicant, and advised that the proposal includes a two-story building, with the restaurant on the first floor, and primarily storage on the second floor. Mr. Kochevar read a letter from First National Bank President David G. Taylor who, in summary, urged approval of the proposal. Two color charts for the canopy were presented for review. The Applicant will attempt to reduce the steepness in relation to handicapped accessibility. Occupancy, based on the Building Code formula, will be 75± people, which does not include a future banquet area. The BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - August 20, 1991 - Page 6 Applicant confirmed that fencing will be installed between the building and the First National Bank, the existing chain-link fence will be covered with wood, and boundaries will be defined to conform with the Liquor Code. Staff suggested the color sample be approved by Planning Commission to ensure the color not be luminescent or internally illuminated. Discussion followed on this issue and the appropriateness of Commission approval, with Commissioner Brown voicing his objection to considering aesthetics in relation to "color." As there were no persons speaking in "favor of" or in "opposition to" the proposal. Chairman Sager declared the public hearing closed. It was moved and seconded (Burgess/Amos) Special Review Request #91-5 Pink Canopy Restaurant, be favorably recommended to the Board of Trustees with the following conditions, and it passed by the following votes: Those voting "Yes" Commissioners Amos, Burgess, Sager, and Wexler. Those voting "No" Commissioner Brown. Those "Abstaining" Commissioner A. Hix: 1. Canopy color not be luminescent or day-glow and not be internally illuminated. Color sample to be reviewed by the Community Development Director, with the Director reporting the selection to the Commission. 2. Site lighting and surface treatment be identified and shown on the Development Plan. 3. Noise be contained on site. 4. For the addition, status of the existing structure on Lot 6 be determined prior to issuance of a building permit. 5. Enclosure materials for the outdoor seating/eating area be approved by staff prior to issuance of a building permit. 6. Sanitary sewer line system in accordance with Estes Park Sanitation District standards. 5. REPORTS. Director Stamey advised that pursuant to completion of a report compiled by Planning Intern Daniels-Mika, the Official 1990 Census figure will not be recognized, and that the Town will officially use its data which has the population count at 3,758. A detailed Land Use Map, also prepared by the Planning Intern, is available for review in staff's office. As the Planning Intern acted in such a professional manner,^ the commission authorized staff to prepare, on the Co^ission's behalf, a letter of commendation for Ms. Daniels-Mika. Following completion of all agenda items. Chairman Sager requested comments from the audience. Trustee/Liaison Garrett stated that other communities have successfully addressed aesthetics, and she encouraged the Planning Commission to continue dialogue in this regard. There being no further business. Chairman Sager adjourned the meeting at 4:40 P.M. Vickie O'Connor, CMC, Town Clerk