HomeMy WebLinkAboutMINUTES Planning Commission 1993-05-18BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
May 18, 1993
Commission:
Attending:
Also Attending:
Absent:
Chairman Al Sager, Commissioners Wendell Amos,
Mark Brown, Harriet Burgess and Alma Hix
Chairman Sager, Commissioners Amos, Brown and
Burgess
Trustee Doylen, Community Development Director
Stamey, Public Works Director Linnane, Clerk
O'Connor
Commissioner A. Hix, Trustee Liaison G. Hix
Chairman Sager called the meeting to order at 10:00 A.M.
1. MINUTES.
Minutes of the April 20, 1993 meeting were approved as
submitted.
2. REQUEST FOR TIME EXTENSION.
nevelQpment Plan §92-1. Lot 2, Amended Plat of Tract A, Boot^
Resubdivision. Johnson & Maria Lin/Applicant. The Applicant
is requesting a time extension from July 9, 1993 to October 1,
1993 for completion of a portion of Fall River Lane.^ The
Applicant desires to construct the street at the fam®
parking improvements are made, and after utility installati
is complete. Bill Van Horn, representing adjacent property
owner Daniel Nelson, requested the time extension be denied
blSJd upon the following: (1) the applicant has received a
previous extension; and (2) Mr. Nelson cannot develop his
property (Lot 6) as the travelled way crosses his property
the street is not located in the right-of-way. Upon research.
Public Works Director Linnane confirmed that the roadway does
bisect Lot 6, and suggested the Applicant be required
arade and gravel the proposed roadway and abandon the
travelled way currently used. Mr. Van Horn confirmed that
this solution would be acceptable to Mr. Nelson. “®v®d
and seconded (Brown/Amos) the time extension to °°tober 1,
1993 be approved contingent upon: (1) a new Le^te^ °Js<:red2^
being submitted sufficient to cover current costs, (2)
Applicant's engineer submitting a current cost esJimate for
the improvements, and (3) the Applicant rough 9fade, gravel
and relocate the road by July 1, 1993 (paving will be
postponed), and it passed unanimously.
3. SUBDIVISIONS.
3.A. Final Plat- Pine Knoll Subdivision, Second Filing, Martip
\ p^Tinamin Jelsema/Applies^ The Commission previously
considered and recommended approve1 of the annexation, zoning
(E-Estate) and preliminary subdivision plat for tnis
subdivision. an TheP final pl^t conforms with these previous
actions. Bill Van Horn, Applicant's Representative, reviewed
proposal, responding to staffs reoommendatrons
requeuing all property pins be set prior to issuance of
building permit in lieu of prior to Town Board approval.
Sewer lineP installation was the basis for this request as the
enaineer believes 3 pins may be destroyed. Howler, sta
advised that the Applicant could post an Improvement Guaran^®J
for setting the pins. There were no comments from tne
audience. 9 Commissioner comments inciuded discussionon
prevention/enforcement of encroachment into the drainage
easement. It was moved and seconded (Brown/Burgess) the Final
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - May 18, 1993 - Page 2
Plat of Pine Knoll Subdivision, Second Filing, be favorably
recommended to the Town Board contingent upon the following,
and it passed unanimously:
1. Add a note to the plat that addresses prohibiting
encroachments into the drainage easement on Lot 1.
2. Finalize the drainage design pursuant to the Public
Works Department memorandum dated May 6, 1993.
3. All utility services to be installed as requested
by each utility.
4. All property pins be set prior to Town Board
approval or post an Improvement Guarantee.
1.
3.B. Final Plat of Lot 2. Crags Addition, and Lot 2, Pedersen
subdivision, known as "The Promontorv,,. The Commission
approved the preliminary plat April 20, 1993. The proposed
subdivision creates 17 lots: 5 lots have been designed for
single-family unit or a duplex and 7 lots have been designated
single-family. Density/use for Lots 15, 16 and 17 have not
been specifically identified. Paul Kochevar, Applicant s
representative reviewed the plat reporting that the first
phase will include ±20 acres; 8 acres will be dedicated as
open space, and the second phase will include 3
Kochevar concurred with staff's recommendations advising that
he would like the plat considered by the Town Board at their
June 29th meeting. Following discussion on wildfire
mitication, it was moved and seconded (Brown/Amos) the Final
piai9of Lot 2, crags Addition, and Lot 2, Po'iersen Subdrvrsron
be favorably recommended to the Town Board with the following
conditions, and it passed unanimously.
Enforcement provisions regarding the wildfire
mitigation report to be addressed in the
Homeowner's Association documents,
reviewed by Town Attorney White prior to Town Board
approval. Said report to include language to allow
the Town an opportunity to mitigate a wildfire
hazard should it become necessary.
Label open space ^ private street on the plat as
"private."
Modify the dedication statement.
Modify notes to reflect the current condition of
the plat.
Plat must contain current (1993) signatures of
owners and lienholders.
Improvement Guarantee and Letter of Credit must be
submitted prior to Town Board approval.
2.
3.
4.
5.
6.
7.
8.
Electric service must be extended,
sanitary sewer system must be
accordance with Upper Thompson Sanitation District
standards.
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Planning Commission - May 18/ 1993 - Page 3
arrangement has been reconfigured and provides for 14 single
family detached lots. Mi Casa Subdivision consisted of
attached dwelling units in 4-plex configuration. Applicant's
representative, Jerry Miller, Architecture, presented the
plat, noting that the Applicant concurred with staff's
recommendations. Mr. Miller reviewed an adjustment of the
zero lot line setback for Lots 5, 6 and 7, whereby the zero
lot line would be changed to 5'. All other requirements would
be the same, including the opposite side yard setback (20% of
the width of the lot) . The change is to allow for utility
easements. Discussion followed concerning construction in and
outside the building envelope with the intent that the side
yard would remain clear of any structure. The Applicant, Neil
Rosener, addressed the Commission reporting that the
development proposal includes strict covenants, and that some
areas outside of the building envelopes may be fenced. There
were no comments from the audience. It was moved and seconded
(Brown/Burgess) the Final Plat of Lots 5-18, Village Greens
subdivision be favorably recommended to the Town Board based
upon the following conditions, and it passed unanimously:
1.
4.
5.
Construction of the drainage facilities across the
golf course occur only during normal course
closing.
Provide an Improvement Guarantee and Letter^ of
Credit prior to Town Board approval (prices
adjusted pursuant to the Public Works Department).
Revise construction plan, drainage plan and plat
pursuant to the Public Works Department.
Provide required easements if natural gas service
is anticipated.
Approval of the request to modify the set^acJ^'
placing a limitation on the Plat,th^tT
construction will occur in the side yards
5, 6 and 7. All construction to occur with the
building envelope.
, t«4-o 1ft 22 and 30. Grand Estates
i'.M^vTsTon- Bobert ana T,ot3 Jurgens^ApplicaM-
representative, re.^a:evL®<!, thatPwill involve additions and
development Plan .X^ flont tract of land which contains the
i“rermDTrteSctto°r reported a-rif icati-on the daernSaity
cannot be calculated until su existincj and proposed uses
established, and information on eii;LSt fromPthe March
nrovided. Commissioner Amos read an excerpr rioaHiines
?6?V119e93 Planning =°riSSsubmi?t?irtn|uortdaa^^Based upon an incomplete submitt postp0nedq to June 15,commissioner Amos moved this item be postpon not be
1993 Mr. between the
complete as it is difficult ^„_4rtpiT.ation by the Planning
owner and staff prior t requested to make finalcommission—the Coimnission will be reques requeBtecl adecisions/determinations. CommissionerofAmo d|dicationi
complete submittal have a bearing on the site. Mr.easements aI?d ""treeL are Ldicated and that access
Van Horn noted that the streets a . . _ Burgess seconded
on Lot 22 has not been cha"^^d* C0^a1^eSd1°?hat Tn some cases, the motion. Commissioner Brown statea
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Planning Commission - May 18, 1993 - Page 4
certain issues need to be resolved; a complete submittal is
required for the Commission to adequately perform their task,
particularly utility easements and how they relate to
egress/ingress (which is standard submittal data that is
required). The 21-day time frame for submittal, staff review,
agency comment and timely notice to the Applicant were
reviewed. There being no further comment, the motion passed
unanimously.
3.E. Amended Plat of Lots 1 and 2. Block 4, Amended Plat of
the First Addition to Lone Pine____Acreju------Lester
firihm-idt/Applicant. The amended plat adjusts the internal lot
line between Lots 1 and 2, making the lot line^ a more
north/south orientation. The Applicant's representative, Paul
Kochevar, summarized the proposal advising that the sanitary
sewer line is 600' from the property line and that the Upper
Thompson Sanitation District m^ extend the line. However,
the Code allows the Larimer County Health Department to
approve a septic system. There were no comments from the
audience. Director Stamey stated that the Town cannot perfora
snow removal until a standard cul-de-sac is constructed.
Discussion followed concerning the appropriateness of a
system inside Town limits, if a property owner should be
required to connect to a public sewer system, and how the
public may be at a disadvantage by not being informed that
such a system is in place. Mr. Kochevar noted that the UTSD
Board will meet May 24 to review this application and that
said District requires anyone within 400' of the sewer line to
connect3 to the Vblic system It was moved and B-^ded
fBrown/Amos) the Amended Plat of Lots 1 and 2, Block 4,
Landed Plat of the First Addition to Lone Pine ^cras be
favorably recommended to the Town Board with the following
conditions, and it passed unanimously:
1. Add Larimer County Certificate of Approval (septic
system) , a copy of which was made a part of th
review document.
Label lot lines and add lot numbers.
Verify utility traversing the site and relocate or
provide appropriate easement.
Form and stabilize the roadsidePine Drive and protect the new ditch along Raven
Avenue.
The Town will not perform snow removal ^^tilsuch
time as Raven Avenue is extended, or cul de
constructed.
2.
3.
4.
5.
Bonnie srae AaaiT.ion, T n.
encroachment across a lot n^,qir*ates a 25' road
fase"en?aSsestrfe?-righth-eof?waay.
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Planning Commission - May 18, 1993 - Page 5
favorably recommended to the Town Board with the following
conditions, and it passed unanimously:
1. Designate the access easement as "private."
2. Provide the following on the plat: bearing basis
(p.o.b. and easements), dimensions of building
setback from lot line and new lot designation.
3. Revise the dedication statement.
4. Correct the dedication statement and surveyor's
certificate.
5. Provide natural gas line easement, if necessary.
4. DEVELOPMENT PLANS.
4.A. Development Plan ^93-4, Lot 34, Hanford Addition and Lo;^.
34. Bennie Brae Addition, Lynch Professional Building, John^
Peggy Lvnch/Applicant. The Applicant is proposing the
construction of two buildings with a combined floor area of
8,964 so. ft. Twenty-nine parking spaces would initially be
constructed with provision for future development of
additional spaces. Bill Van Horn represented the Applicant
and stated staff comments would be added to the development
plan with a drainage note addressing the lOO-year detention
volume. The Applicant confirmed that trees could ®
along the Graves Avenue frontage. There were no comments from
audience It was moved and seconded (Brown/Burgess)
Development0 Plan #93-4, Lot 34, Hanfordand Loy 4
Bonnie Brae Addition be approved with the following
conditions, and it passed unanimously:
Size the water service line and plumbing fixtures
pursuant to the Public Works Department memorandum
dated May 6, 1993.
Coordinate sanitary sewer construction
provision of easements with Estes Park sanitation
District.
Locate the natural gas line and provide easement,
if necessary.
Relocate telephone pedestal (or verify that it does
not interfere with the drive).
Revise the drainage structure, and add a
the development plan regarding the 100 year
detention volume.
Add landscape quantities, sizes, and installation
schedule.
Add lienholder signatures, if appropriate.
Add a note to the development plan which prohibits
outdoor storage.
soecific approval of the proposed construction
s?SdulS, with Phase III to begin no later than
August, 1996.
1.
2.
3.
4.
5.
6.
7.
8.
9.
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Planning Commission - May 18, 1993 - Page 6
4.B. Development Plan #93-5» Lot 1. Amended Plat of Lots 1 and
2. Block 4. Lone Pine Acres, Lester Schmidt/Applicant.
Commissioner Burgess cited a potential "conflict of interest,
stated she would not participate in discussion nor vote, and
vacated the room. The Applicant is proposing to construct a
4,500 sq. ft. building with a parking area for an auto repair
service. Paul Kochevar, Applicant's representative, stated
that a revised development plan had been submitted. Chairman
Sager expressed a concern that while the revision appeared to
be a better approach, that the Planning Commission was seeing
it for the first time, and staff had not had an opportunity to
adequately consider the revisions. Commissioner Amos noted
that the latest drawing was not received on a timely manner
and moved Development Plan #93-5 be postponed to June 15,
1993. Commissioner Brown seconded the motion. Paul Kochevar
stated that the original 21-day submittal did meet Code
requirements and requested he be allowed to withdraw the
amendment and that review continue on the original plan. The
Commission allowed review of the original plan. Mr. Kochevar
noted that 22 parking spaces are being proposed and that start
has expressed concern that these spaces will be in front of
six garage doors on the south of the building, thereby
reducing the effective parking. Mr. Kochevar reviewed
proposed building usage, assurance that vehicles will not be
parked on public streets. Staff confirmed that
specific item for adequate review and that the parking
configuration had not been supplied. Discussion included
potential conflicts between drainage and the septic system,
curbing . Public comment concerning appearance (metal
building) and use (business confined to the building) , outside
storage? and dense plantings were offered
resident and property owner Ron Harvey. Chairman Sager
c^nft^ed that thePslte was zoned C-0. K°=hevar suggested
that consideration of this item could be fr^^bi®J[0^nDdaSge| revised plan reviewed at the next meeting. The motion passed
unanimously, with Commissioner Burgess Abstaining,
response to Mr. Harvey's comments, the Commission confirmed
thSt architecLral control was not in the purview of the
Planning Commission.
Chairman Sager declared a 10-minute re°fs^* Q p M
Chairman Sager reconvened the meeting at 12.30 P.M.
5. SPECIAL REVIEW.
a.a. Amendment to special Review_and navaIopment^Pdas 92-2
T!lkhorn Ave.600 W.Elkhorn Lodwawa -------- - -— .____..associated Properties^—me. /Applicanjb.
----. • a-x. _ j H77Z ons/revisions to plan:
parking and use of the north barn.
Parking Staff proposed an alternate parking 3ay.°/Jlt
woSd ?e radial in nature and follow northeast sid^of the
road from the existing approved parking, to the n^Pi°yo£
'sghops'“bunndiangd “"m?"zthourek confirmed that staffs
proposal was acceptable to him.
Restrooms. Restroom tatedtthatS7()1^S)ple use 7identified and the Applicant has stated that ^^eP^oPd these
TallTiTiVs andTJJusthbe resolved withJsSfUacnceitO^^
serrate stafls'^IndiSL for men and women. The barn will
not be used at the same time as horse rides.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - May 18, 1993 - Page 7
Sound (music/dancing at the bam). The Applicant confirmed
that amplified sound will be used at times at that sliding
wooden doors will be installed and closed to contain the sound
more effectively. There are holes in the barn roof and gaps
in the boards on the west side of the barn -• Mr. Zahourek
confirmed that he will repair the roof (24 panels), will
replace missing boards, and is attempting to locate white
fiber paint for the roof, which, in his opinion, will
mitigate the sound. The Applicant is sensitive to the
neighbors' concerns, that the Code addresses acceptable sound,
and that he also desires to protect the interests of his
guests.
Debris removal. The staff report included the statement that
the Applicant should be required to remove all debris,
building materials, vehicles, etc. from the
the barn and clear the materials in the barn itself prior
any public use. The Applicant stated debris removal is
going.
The Commission posed questions ooncerning use baf
lodgingt^uestsrIan^Crestaurant/chuckwagondinnerparticipants^
ioagxiiy yuco J.r^nrn <=aniiities sound mitigation, ana
this issue. The property is . . not 'let SOund get
concerned with the neighbor read a portion of Chapterout of control. Commissioner ^osread^a portio noise/^><>
17.24.040 Disturbances A standard more than two hundred
shall be observable without premise..., and B.
feet from the boundaries of the 9 se^ facility whose future
Performance Compliance - FP^ P Questionable, the town
compliance with ^his^e5uih annlicant furnish evidence of planner may require that the_ PPample of six[liiar facilities
probably compliance, y The commission has received
or by engineering Y . cai assurance or evidence that
verbal as1s“rKan«'^“^i^:dteChpnubTioco«entS were heard from sound will be controlled, ^uoii phippS all of which
Gordon Hobert, R0i' ^TT 'scu^d problems. chairman Sager
expressed concer^.. S°^^osition to the amplification of
acknowledged a petition ir| nius one letter dated May 14,
music containing 49 s35nJ1t^^e|t^ted that the sound control
19”'ds Cnheairatno Sbaegesrpecmcr andd that paint on the roof
probably would not contain sound.
commissioner Brown -atpp\hoeprti on1 the" sltlh.re?hitSTS
to consider: (1) is r(Ffal Puses are appropriate. Mr.
a commercial area an(^ , tified three different types of uses
zahourek has vaguely Jifffculty with the type of use,
for the barn. There is no nd+-1her issues--on-site concerns,
however, there are two other i su^^ site and perhaps the
protecting the public from haza^d Qf tJe issues that have not
Applicant to some ^egree* S4°clude- parking location and
been adequately addressed bfn=1duedn®-i£ie5 Mlth fence posts or
proposal that parking faced in any fashion, indicatingsplit-rail fence but not surfaced in a feel the natural
in his written ProPos;1 bbaJsa the use would not be heavy
grass would be dama9ed b®CaUD®iAng on grass on any regular
enough to create a problem. ,Drl^J"|tionai aspects—although
basis does need to be surfac®fjh SOItie SOrt of radial design as
we have heard a it^falls to the Applicant to haveproposed by Director Stamey, it tail
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - May 18, 1993 - Page 8
a plan drawn and presented—not sure what is being described.
Restrooms: food is being served, entertainment is being
dispensed. Code provisions are very plain, Mr. Zahourek has
indicated in his presentation today that he would like to
comply with the Code, and yet he is proposing that customers
can walk 200 feet to the restroom, which does not conform to
the Code and until that is brought into alignment, I find the
application to be inadequate on that count. Also, the
question regarding pedestrian safety as they are traversing
the parking lot or whatever to get from the barn area where
potentially they may be consuming alcoholic beverages and
trying to traverse their way in whatever condition to the
restroom. Those are the on-site concerns and they are quite
valid. Mr. Zahourek is required to meet the Code but I think
we also have an obligation to protect applicants from
themselves or any potential hazard from themselves. If Mr.
Zahourek has 200 or 300 people in this location for a function
and the Town gets a complaint he may be in a heck of a pinch
to have to shut down after he's made promises to these ^ folks
of like entertainment and the Planning Commission is obligated
to take these things into consideration and in my estimation,
the facility that's being proposed for regular usage with
amplified sound, etc. or natural music whatever, in this
location is probably inadequate to meet our Code and I think
the charge we're given in the face of all of these
deficiencies is to deny the application and I would so move.
Commissioner Amos seconded the motion and it passed
unanimously. Chairman Sager advised Mr. Zahourek that he has
an opportunity to submit material to the Planning Commission
to prove that these concerns can be mitigated.
6. REPORTS.
Director Stamey reported that the presentation of the Stanley
Historic District Master Plan will be rescheduled.
There being no further business. Chairman Sager adjourned the
meeting at 1:28 P.M.
Vickie O'Connor, CMC, Town Clerk