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HomeMy WebLinkAboutMINUTES Planning Commission 1994-09-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission September 20, 1994 Commissioners: Attending: Also Attending; Absent: Chairman A1 Sager, Commissioners Mark Brown, Harriet Burgess, Gary Cooper, Alma Hix, Edward Pohl and David Thomas Chairman Sager, Commissioners Brown, Burgess, Cooper, Pohl, and Thomas Community Development Director Stamey, Deputy Clerk Kuehl Commissioner A. Hix Chairman Sager called the meeting to order at 9:30 a.m. 1. MINUTES. Minutes of the August 16, 1994 were approved as submitted. 2. DEVELOPMENT PLANS. .2 .A.____Development Plan 94-7. Lot 2. Block 5. Fall River Estates, Darold and Lois Rohrbauah/Applicant. Continued to the October 18th meeting. SUBDIVISIONS. .2»A.__Amended Plat, Lots 11 & 12, Crags Subdivision. Audubon Street, C, Franklin Hix/Applicant. Applicant's representative Bill Van Horn stated Applicant is requesting to amend the building envelopes 8 feet to the northeast on the two existing lots to accommodate the terrain and preserve existing trees. Presently, there is a zero lot line on the southwest boundary of Lot 12 and a 10 foot setback between Lot 11 and 12. No lot boundaries are being changed; no new lots are being created. Existing zoning is R—M Multiple Family. Upon Commissioner request, Mr. Van Horn stated that the existing utility easement along the northeast lot line of Lot 11 and the existing building foundation would be shown on the plat. Director Stamey noted that the original subdivision allowed zero lot lines on some lots. He requested an easement for maintenance be granted across Lot 12 for access by Lot 11. Mike Miller/Resident reported that the information received in the mail was vague and requested that future mailings include clear drawings and explicit explanations. It was moved and seconded (Brown-Pohl) the Amended Plat, Lots 11 and 12, Crags Subdivision be approved provided the Applicant furnish separate sewer connections and provided the existing utility easement and a maintenance easement (4 feet minimum) is granted over Lot 12 for Lot 11 access, with both either being shown or noted on the plat, and it passed unanimously. 3»B.__Lot_1, Block 8, North Ridge Meadow Condominiums, Rich Wille/Applicant. Applicant's representative Bill Van Horn requested a seven-year vested rights period to complete Phase II North Ridge Meadow Condominiums. The Planning Commission approved the Phase II Development Plan on July 19, 1994 with a three-year vested rights period. Applicant believes that waiting to the end of the present completion date, July 1997, to ask for a further extension may produce an unfavorable response as changes in elected and appointed officials occur. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 2 Mr. Van Horn reported all infrastructure work is complete. Director Stamey read a letter from Town Attorney White who advised that Section 24-68-104 C.R.S. provides that the vesting of a property right shall be for a period of three years with possible expansion granted due to relevant circumstances such as the size and phasing of the development, economic cycle and marketing conditions. This extension must be adopted as a legislative act which requires Board of Trustee approval. Audience comments were heard from Ron Harvey and Ed McKinney, both supporting the proposed extension of time to complete this project. Commissioner concerns included public safety with a long-term construction project, visual impact, lack of justification submitted for extension request, and the Applicant's knowledge of the law regarding project completion time frames. It was moved and seconded (Thomas—Cooper) that the Applicant be granted a six—year vested rights period, to the year 2000, to complete Phase II of North Ridge Meadow Condominiums. Motion failed: 2 in favor (Cooper, Thomas ), 4 opposed (Brown, Burgess, Pohl, Sager). It was moved and seconded (Brown-Pohl) that a four- year vested rights period be granted, to July 19, 1998, citing precedent-setting action regarding Stanley Historic District and Timberlane, and it passed by the following votes; Those voting "Yes": Brown, Burgess, Cooper, Pohl, and Sager. Those voting "No"; Thomas. Mr. Van Horn also submitted a drawing of the proposed landscaping for this development, which will be discussed at a future meeting. ;Replat of Lot 131, A1 Fresco Place, Northeast Corner of Chiquita—L^ne__and Chapin Lane. John Grace/Applicant. Applicant's representative Paul Kochevar explained Applicant wishes to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. Applicant is requesting an exception to the minimum lot size requirement of 60,000 sq. ft. for Lot 131“A and 74,000 sq. ft. for Lot 131—B. The newly created lots would be typical of the average neighborhood lot size. A single family residence exists on Lot 131-A, with proposed construction of a new single family residence on Lot 131-B. Lot 131-B is buffered from surrounding homes by mature trees and a large rock outcropping which is located east of the existing frame house. Access to Lot 131-B off MacGregor Avenue at the southeast corner is possible but would require relocation of a power line guy pole. Staff requests a separate drawing be provided showing the proposed access driveway contours. Commissioners concerns included public requests for controlled development, public concern about allowing continued lot splitting, and area housing needs, it was moved and seconded (Brown-Cooper) Replat of Lot 13i, A1 Fresco Place be favorably recommended to the Board of Trustees, with the findings that there are special circumstances or conditions affecting the property, that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner, that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, and contingent upon the following conditions, and it passed by the following votes: Those voting "Yes": Brown, Cooper, Pohl, Sager. Those voting "No": Burgess, Thomas; 1. Relocation of the power line guy pole at developer expense. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 3 2. 3. Drawing of driveway access/design be provided to Staff and that driveway design incorporate erosion control. Verification of location of utility services, necessary easements, and service ability. 3»D« Replat of Lot 2, Tanton Subdivision. Dave Tanton/ Applicant. Continued to the October 18th meeting. 3.»E•___Preliminary Plat, Stanley First Subdivision. Stanley Hotels, Ltd./Applicant. Applicant's representative Dale Ohlhausen of Landmark Engineering stated development will follow the requirements of the Stanley Historic District Master Plan. The existing land use is the Stanley Hotel and is zoned C-0 Commercial Outlying. Steamer Parkway provides access to the area. It is proposed to create two single family lots (Lots 10 & 11), with the Stanley Hotel on Lot 1. The proposed lot sizes are: Lot 1, 27.102 acres; Lot 10, 2.868 acres; and Lot 11, 5.03 acres. The subdivision also establishes a 45 foot wide private street system for access to Lot 2 (Overlook). Director Stamey noted that existing easements need to be verified and listed on the plat. Chairman Sager commented that information on the preliminary plat is outdated, does not have a current legal description, and the vicinity map is not at the proper scale. Mr. Oldhausen requested that the Improvement Guarantee be waived. Commissioner Brown stated that an Improvement Guarantee needs to be filed to protect the public interest, that it is important to maintain the emergency access, and that current easement and legal description need to be provided. Commissioner Brown left the meeting prior to the vote. It was moved and seconded (Pohl-Burgess) the Preliminary Plat, Stanley First Subdivision be approved, maintaining the existing emergency access at the northwest corner of the site or suitable alternative, with the final plat to include current legal description, map, and vicinity scale, and contingent upon the following conditions, and it passed unanimously. 1. A note to be placed on the final plat stating that any development on Lots 1, lo and 11 is subject to the terms and conditions of the development agreement and architectural and technical review. 2. The proposed access agreement to be reviewed by the Town Attorney. The 45 foot wide access easement to be considered a private street, designed and constructed to public street standards. The private street and access easement provide access to Lots 1, 2, 10, and 11 with timing for construction to be determined. Any development on Lots 10 and 11 be required to construct a street segment to their respective lot entrance. Any development on Lot 2 or expansion of the uses on Lot 1 be required to build the complete system. There could also be a reimbursement agreement among the owners of Lots 1, 2, 10, and 11. 3. Upon development of Lot 2 or extensive remodeling of the hotel structures on Lot 1, the existing six-inch steel water main to be replaced with a six-inch ductile iron pipe at the expense of all the proposed lots within the Stanley First Subdivision. The line to be deeded to and maintained by the Town. This condition, as well as a cost sharing agreement, to be noted on the plat. The developer hereby authorizes the Town (at the Town's expense) to tap into the private six-inch water line, for BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 4 use to irrigate the hotel entrance landscaping. Future six-inch water line replacement costs will not be the responsibility of the Town. All proposed utility easements to be 20 feet wide. A 20 foot utility easement be provided for the six-inch water line and extend north to Black Canyon Hills, to the east property line, then south to the Steamer Parkway right- of-way. A 20 foot utility easement be provided along the south lot line of Lot 10. The easement across Lot 7 to be 20 ft. wide. Since Lot 7 is under separate ownership, that easement to be dedicated by a separate document. All road and utility survey information be provided on the final plat. The lot lines need be added to the vicinity map. The Overlook lot be shown as Lot 2. Adjacent Lots 4 through 9 should also be identified. Street and utility plan and profiles be submitted with the final plat. With final plat submittal, an Improvement Guarantee and Letter of Credit is required for street, water line, and utility construction. 4. ANNEXATION. 4.A. Park Entrance Estates Annexation. Park Entrance Estates Homeowners1 Association/Applicant. Chairman Sager opened the Public Hearing. Director Stamey reported that the residents °f Park Entrance Estates have submitted an annexation petition. The area consists of 54.56 acres, 36 platted residential lots, and two adjacent metes and bounds lots. Landowners of at least 50% of the area to be annexed have signed a petition. Director Stamey reviewed the annexation impact report and proposed annexation agreement (Memorandum of Understanding) between the Town and the Park Entrance Estates Homeowners' Association. The existing streets are unpaved and will not be maintained by the Town until paving is completed t'Y the Association or Special Improvement District. The existing water system is private. Sanitary sewer is provided by Upper Thompson Sanitation District with no extensions proposed. Continued E-Estate zoning and residential land use is proposed. Any residential units used for nightly rentals will be "grandfathered". The Memorandum of Understanding outlines the plans for providing Town services in the areas of zoning, streets, snowplowing, water rates, water lines, taxes, police protection, building permit/inspection, and street lights. Town-provided services will be funded through the Town's General Fund. Park Entrance Estates is currently within the Park R-3 School District, and thus, annexation will have no adverse impact. This site is also within the boundaries of the Estes Valley Public Library District, Estes Park Hospital District, and Estes Valley Recreation and Park District. Bernie Holien requested that the proposed street light at the corner of Heinz Parkway and High Drive not be installed. Due to the dead-end street and very little traffic, the light may not be necessary. Light pollution should be kept to a minimum. Naomi Williams, President of the Park Entrance Estates Association, noted that the street light was requested for safety purposes. There being no further comment. Chairman Sager closed the public hearing. It was moved and seconded (Burgess-Thomas) the Park Entrance Estates Annexation be favorably recommended to the Board of Trustees and that the zoning be E-Estate, and it passed unanimously. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 5 5.COUNTY REFERRAL. Proposal for Transfer of Development Rights. Director Stamey received a letter regarding a transfer of development rights proposal between Larimer County and Common Lands LLC. Following discussion, it was moved and seconded (Pohl-Burgess) that Staff request additional information from the Larimer County Planning Division as a decision and recommendation cannot be made at this time, and it passed unanimously. There being no further business. Chairman Sager adjourned the meeting at 11:40 a.m. i K Tina Kuehl, Deputy Town Clerk