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HomeMy WebLinkAboutMINUTES Planning Commission 1994-02-15BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission February 15, 1994 Commission: Attending: Also Attending: Absent: Chairman A1 Sager, Commissioners Wendell Amos, Mark Brovm, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Vice Chairman A. Hix, Commissioners Amos, Brown, Burgess, Miller and Pohl Trustee/Liaison G. Hix, Community Development Director Stamey, Clerk O'Connor Chairman Sager Vice Chairman A. Hix called the meeting to order at 1:34 P.M. MINUTES. Minutes of the January 18, January 25, February 1, and February 2, 1994 meetings were approved, with the February 1 minutes zunended as noted. SUBDIVISIONS. 2.A. Preliminary Plat of Tract 5. Arapaho Meadows Subdivision,. Bob Koehler/Applicant. Applicant's representative Paul Kochevar advised that the Applicant is proposing to subdivide the 73-acre site into single-family estate lots. Open space outlets have been provided in the meadow areas and steeper hillsides. Phase I will include Lots 1 through 13; a cul-de- sac to provide access for approximately 6 to 8 lots; and the right-of-way will be platted to connect to future streets along the north and east perimeter. The Applicant has attempted to obtain right-of-way from an adjacent property owner, although the Applicant has not been successful. Mr. Kochevar confirmed that the right-of-way will be acquired (in some fashion) , the road constructed, and that the property owner to the east has not been contacted. Existing Ute Lane provide access to the 13 new lots. The remaining 31 lots will be developed in either two or three phases. A colored drawing illustrated the roads, open space and lots. The proposed preliminary plat has provided for greater building setbacks to provide more open space. Minimum lot size is one- acre and this is one of few subdivisions that have been designed just for E-Estate zoning. Four acres near the ridge and the north side will be left as open space—additional details will be more clearly defined with final plat submittal. With the exception of the Inundation Study (limits of flooding) which may affect buildable area, the Applicant comply with staff's recommendations.^ In Mr. Kochevar s opinion, it is an extremely remote possibility that the Marys Lake Dam would break or washout, partially due to an enoraous embankment. Mr. Kochevar requested the results be brought to the attention of a prospective buyer and not prohibit building in this area. Director Stamey reviewed the staff report, and existing Annexation Agreement between Sam Luce/Arapaho Meadows and the Town. The Agreement identifies the responsibilities of the owner and the Town relative to roads and access for a connection to the north or east. If the owner is un»^le to obtain the right-of-way, the Town has the option to use eminent domain or pursue negotiations. Due to the access question, the Annexation Agreement may need to be amended. Pursuant to recent neighborhood meetings, staff requested a BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 15, 1994 - Page 2 connection of the hike/bike path near Carriage Hills be provided in Phase 2 or 3. Commissioner comments included: building setback; whether the open space on the east and wide side of the site would be permanent and who would control same; whether fencing would be allowed beyond Lots 30-33; desire to provide additional clustering and open space; concern with the n\imber of building sites and one access; and clarification of responsibility for the Commission and Town Board relative to access. Public comments were heard from Ed McKinney/Prospect Estates, enthused with the proposal as it appears to be reasonable; however, access to the north through Prospect Estates is a concern - the single access is unacceptable; and the land should not be disturbed beyond the setback lines of Lots 23 and 24. Director Stamey reported that the developer is not excused from providing access. If, in the event the Town would choose not to pursue the acquisition of right-of-way at this point, the developer would be obligated to pay the Town for the appraised cost of acquiring the right-of-way, construction of the road remains the developer's responsibility. One option for the Planning Commission, in lieu of the fact that the Town Board must make the determination on whether or not to expend funds and to acquire the right-of-way and to enter into those steps that the Board acquires right-of-way under, is for the Commission to refer access to the Town Board to determine whether they should implement the options of the Annexation Agreement for access (special amendment). Following conclusion of all comments, it was moved and seconded (Miller/Brown) the Preliminary Plat of Tract 5, Arapaho Meadows Subdivision be approved contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, A. Hix, Miller and Pohl. Those voting "No" Commissioner Amos: 1. Provide secondary access (2 access connections: to Prospect Estates and to Highway 7) and incorporate into Phase I; said access to be constructed upon filing and approval of the final plat. 2. Phase I to include the open space outlet immediately north of Lots 6-8 (3.98 acres). 3. Plat information - • Label the open space as "outlets" and provide land area for open space at southeast corner. • Cherokee Drive may need a temporary cul-de-sac when the phase is platted. • Prior to finalizing the location of Cherokee Drive, recommend that the centerline be staked and field located. • Indicate proposed right-of-way widths. • Add title block and vicinity map to both drawings. 4. Clarify the building limit setbacks, with the ar®a to the north of the building setback not to be BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 15, 1994 - Page 4 and should be noted on the Development Plan. This Agreement must be executed prior to issuance of a building permit. 2. Description and dedication of utility easements, as required by PSCo. 3. The wildfire mitigation requirements should be noted on the Development Plan. 4. The existing water main easement must be vacated, and the Applicant must submit a legal description of this easement. 5. The ditch along Moccasin Drive must be protected against erosion. 6. The pond culvert must connect to the adjacent storm drain. 7. The development must be included in the Estes Park Sanitation District. 8. Developer designate and construct post office cluster boxes along Moccasin Circle Drive. Applicant to discuss exact location with staff. 3.B. Development Plan #94-2. Lot 2A, Amended Plat of Lots_I and 2. Block 4. First Addition. Lone Pine Acres, Lester Schmidt/Applicant. The Applicant's representative Paul Kochevar, reported that the proposal consists of construction of a 4,600 sq. ft. building with a parking area south (in front) of the building and an enclosed outside storage area to the north. Identified use will be leased for C-0 commercial purposes (retail/office/warehouse). The structure and color scheme will be similar to that building recently approved which is located on an adjacent lot. Commissioner comments: parking should be designated - the adjacent building (which is under Mr. Sclmidt's ownership) has not been maintained in an orderly fashion and the owner has not adhered to the height limitation for storage; clarification on the possibility of vehicle storage in the rear of the site; clarification of the principal use being proposed; all landscaping plantings should be added to the plat. There were no staff comments. Public testimony was heard from: Ron Harvey, adjacent property owner—questioned why this proposal was not being considered under the special review process and reported on several complaints that had been issued on the adjacent property regarding the number of parked vehicles, parking on the street, the sanitary sewer was not connected in a timely fashion as required in approval; and the storage gate did not meet the 6' requirement. Mr. Harvey requested clarification of the special review definition in writing. Mr. Harvey urged rejection of the proposal based upon violations occurring on the adjacent property with junk accumulation/appearance, parking of vehicles in the street, and the failure of the Applicant to bring this project into compliance. Staff responded that a temporary Certificate of Occupancy was issued when temporary sewer service was provided. The building has now been connected to the sanitation system-i-an Improvement Guarantee has been provided for completion of site improvements (landscaping). Complaints as identified above BRADFORD PUBLISHfNG CO.RECORD OF PROCEEDINGS Planning Commission - February 15, 1994 - Page 3 disturbed. 5. 6. 7. Wetlands Permit to be acquired from the Corps of Engineers. Confirm Inundation Study for the Marys Lake Dam, or have dam inspected by State Engineer. Provide 10' wide utility easements on either side of each lot line. 8. Developer to review Phases 2 and 3 for alternative site layouts to cluster buildings and provide additional open space in the meadow area. Prior to finalizing the location of Cherokee Drive, the centerline be staked and the road field located with staff. 9. 10. 11. 12. 13. Developer to be responsible for any highway improvements required by CDOT. Developer to provide a hike/bike trail easement. Provide a Drainage Report and Plan, to ascertain historic drainage. Provide a Wildfire Mitigation Report. Pursuant to the Annexation Agreement, access requirements be referred to the Town Board. 3.DEVELOPMENT PLANS. 3.A. Development Plan #94-1. Lot 1. Valiev Vista Addition. Nicholas Stanitz/Applicant. Paul Kochevar, Applicant's representative reported that the Concept Plan was approved in December, 1993. The Applicant is proposing four buildings, providing 24 apartment units, to include associated site improvements. Each building will be a three-story frame structure with three two-bedroom units and three one-bedroom units. One unit in each building will be handicapped accessible. Adjacent land use includes the hospital, multi­ family apartments, and single-family. Adjacent zoning is E- Estate and R-M Multi-Family. A paved, private drive will access the site off Moccasin Circle Drive, connecting two paved parking lots of 20 spaces/each. Adjusting development on the site has decreased the parking demand from 40 to 36 spaces; however, a total of 40 spaces are being provided. Utility information for the Estes Park Sanitation District and Public Works Dept, have been added to the final drawing. In addition, landscaping along Moccasin Circle Drive has been clustered and moved. Town Attorney White is preparing an Affordable Housing Agreement. All staff comments have been addressed. Commissioner comments: clarification on the location of the post office cluster boxes and handicapped parking spaces; and elevation of the buildings. There being no comments from the audience, it was moved and seconded (Brown/Burgess) Development Flan #94-1, Lot 1, Valley Vista Addition be approved contingent upon the following conditions, and it passed unanimously: 1. The owner shall enter into the Affordable Housing Agreement in accordance with the Municipal Code, BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 15, 1994 - Page 5 1^ were processed by the Police Department. In addition, staff defined the special review definition and advised that Attorney White had presented a written statement to the Commission. The Commission commented on the negative appearance of the adjacent site and how such negatively impacts the Highway 34 gateway, and enforcement procedures. Commissioner Amos moved approval of Development Plan #94-2 be denied until such time, possibly one month, as the Applicant demonstrates compliance. Mr. Kochevar confirmed that the Applicant is experiencing difficulty with a tenant, and that if the Town would request compliance in writing, the Applicant would be in a position to demand such from his tenant. Discussion followed concerning the on-going problem of short­ term compliance should approval be granted on this proposal. Ed McKinney commented that the Applicant has not provided an obvious good-faith effort and that the 30-day period is unreasonable. Commissioner Amos withdrew his motion and moved Development Plan #94-2 be continued for thirty days, with the Developer to provide additional information on the principle use of the building and, provide infoinnation on parking and storage management. The Commission strongly expressed concerns with the management of the adjacent site (parking and storage), and expressed to the Applicant their desire to have the site cleaned-up and brought into compliance in thirty days. Commissioner Pohl supported the public testimony; however, he expressed concern with delaying this project when all Code requirements had been met. Commissioner Brown expressed concern with whether the conditions placed on the previous proposal adequately protected the public health, welfare and safety. Vice Chairman Hix commented that additional information must be provided before the Commission is able to rule Commissioner Burgess seconded the motion and it passed unanimously. There being no further business. Vice Chairman Hix adjourned the meeting at 3:28 P.M. Vickie O'Connor, CMC, Town Clerk (2,W. '">U