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HomeMy WebLinkAboutMINUTES Planning Commission 1995-02-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission February 21, 1995 Commission: Attending: Also Attending: Absent: Chairman A1 Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl and David Thomas Chairman Sager, Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas Trustee Liaison Dekker, Community Development Director Stamey, Clerk O'Connor None Chairman Sager called the meeting to order at 1:30 P.M. 1. MINUTES. Minutes of the January 17, 1995 meeting were approved as submitted. 2. SUBDIVISIONS. 2.A. Preliminary Plat of Placid Lake Subdivision, J. R. & Rachael Preston/Applicant. Community Development Director Stamey introduced this proposal, and, as the Applicant nor his representative could be in attendance, advised the Planning Commission to take no action, thus continuing consideration to March 21, 1995. This 14-acre site consists of two parcels, each containing an existing single family dwelling. The proposal is for eight lots of approximately equal size (0.2 Ac.) resembling building envelopes rather than a true subdivision lot. This proposal is unique and meets the intent of allowing for flexible development and zero lot line development. The development proposal is a good approach, as it limits site disturbance and preserves a significant amount of open space. The Town's Zoning Ordinance does allow for lots as small as 4,000 sq. ft. under a zero lot line development. This proposed subdivision does not propose increased density over what could otherwise be achieved under a typical subdivision. Commissioner A. Hix stated that this approach is appropriate, very innovative, it preserves the integrity of the this parcel of land, and cited Section 17.20.020 5. Flexible Development; comments in support of the concept were also heard from Commissioners Brown and Burgess. Clarification was heard on the "no build areas" where a 30' setback would be maintained; the cul-de-sac entrance to the bridge will be installed; and the Commission's desire for two access points as it is much more reasonable to separate traffic with 2 such points, rather than one access point as preferred by CDOT. No further action was taken. 2.B. Preliminary Plat of Grey Fox Estates. First and Second Filinas, Dick & Ann Barlow/Applicant. Commissioner A. Hix declared a conflict of interest and vacated the room. Director Stamey reported that Filings 1 and 2 would be considered concurrently. Grey Fox Estates at Cedar Ridge will be a single family BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 21, 1995 - Page 2 subdivision located in the westerly portion of Section 1, T4N, R73W of the 6th P.M., consisting of 51.84 acres. The proposed first filing consists of 18 lots ranging from approximately 1.54 acres to 3.86 acres. The proposed second filing consists of 10 lots ranging from approximately 3.6 acres to 8 acres. Both subdivisions will be limited to single family uses only. Applicant's Representative Bill Van Horn commented that as a result of the January meeting, a preliminary plat of the total project has been submitted. Director Stamey reviewed the staff reports. Representative Van Horn stated that CDOT had just responded that they will certify the site distance measurement as they desire to retain the access as far away from the Fish Creek entrance as possible. In Mr. Van Horn|s opinion, the access on the plat is the best location and this will be verified by CDOT. A separate deed of dedication from the Leadley property for the roadway right-of-way will be obtained; final construction drawings for the street system are being prepared; the Applicant has applied for inclusion in the NCWCD (application was submitted prior to new standards coming into effect); the Applicant has agreed to a snow fence easement, 100' on either side of the right-of-way; there is a significant amount of shot rock, and the owner will attempt to minimize cut and fill slopes which may be steeper than normal by stabilizing with planting pockets; the Applicant would prefer not to identify building envelopes on the final plat due to the limiting effect once the envelopes are drawn on the plan; the existing house on Tract 1 is temporary and will be removed within 2 years; the annexation map for the balance of the property will be submitted this date; and Mr. Van Horn is working on an appropriate vicinity map. With regard to the aforementioned planting pockets, Mr. Van Horn stated that this technique will be utilized in Stanley Views—staff confirmed that depending on the size of the rock and how the project is designed, this technique provides permanence and is aesthetically sound. Mr. Van Horn will advise staff where disturbance will and will not occur with regard to building envelopes. In addition, the Applicant does not intend to request setback variances. Cluster boxes will be installed at the site. Two plat corrections were noted relative to lot numbering sequence and spelling. As there were no comments from the audience, it was moved and seconded (Brown/Burgess) the Preliminary Plat of Grey Fox Estates be approved with the following conditions, and it passed with Commissioner A. Hix Abstaining: 1. The Applicant execute a Memorandum of Understanding indicating the timing of the annexation of the Second Filing area, to include the schedule for construction of Grey Fox Dr. and installation of the 8" water main that follows Grey Fox Dr. With Phase I Final Plat, a north/south road be constructed to Highway 7. Radius of the cul-de-sacs needs be shown as 50'. The Town will consider a one-way cul-de-sac loop, with proper design. The water main connection to the Town's system be at Highway 7, and a routing plan be submitted. The following be noted on the plat: the highest service elevation is 8,120', and proposed Lots 22, 23, 25, 26 and 29 are higher than 8,120', and these lots may require a booster pump for water service. 2. 3. 4. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 21, 1995 - Page 3 8. 9. 10. 11. 12. A hydraulic report for construction and water service for these lots to be submitted. The owner to petition for inclusion in the Northern Colorado Water Conservancy District. Note: new Bureau of Reclamation policy may include more stringent requirements. The developer to clarify these new guidelines as soon as possible. All costs that the Town may incur as a result of inclusion in the District to be reimbursed by the developer. Electric and cable utilities be extended to the site by the developer and placed underground. Also, existing electric facilities be shown on a utility plan. A complete street and utility plan and profile, and drainage plan, be submitted with the final plat. The developer execute a Memorandum of Understanding that includes a requirement for a street connection to Highway 7, utility loopings, construction of the 8" water main, and construction of the drainage improvements with the Final Plat for Phase I. Indicate the existing house on excluded Tract 1. The applicant verify whether or not a 404 Wetlands Permit is required, and obtain if necessary. An agreement with the owner (Leadley) of excluded Tract 1 be submitted providing dedication of right- of-way. The proposal for gas line extension needs to be identified. 13. Annexation of the proposed second filing to occur prior to the Final Plat for Phase I. 2.C. Preliminary Plat of Sleepy Hollow Subdivision, Gary Connelv/Applicant. The Preliminary Plat of Sleepy Hollow Subdivision has been re-submitted. Director Stamey referred to correspondence from Town Attorney White notifying staff of a response filed by an attorney representing adjacent property owner, Jim Tawney. The burden of proof of access is placed with the Applicant, not the Planning Commission. The Applicant needs to provide an executed access easement document, showing access to a public street. Therefore, it was moved and seconded (Brown/A. Hix) the Preliminary Plat of Sleepy Hollow Svibdivision be denied until such time as the Applicant provides, from an attorney, certification as to ownership, and it passed unanimously. Applicant's Representative Kerry Prochaska was advised to contact Town Attorney White directly to clarify ownership concerns. 2.D. Amended Plat of Lots 22, 23 and a Portion of Lot 16, Sunny Acres Addition. Arnold, Jowavne and Roy Johnson/Applicant. Applicant's Representative Prochaska reported that the Applicant is proposing to combine three existing vacant lots into one new lot, planned for condominium development. Director Stamey reviewed the staff report. Concerning the CDOT Access Permit, Representative Dave Habecker reported that BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning commission - February 21, 1995 - Page 4 an easement was previously granted by CDOT; however, the easement is not in the form of an official permit. The Applicant is aware that an Access Permit is required. Comments from the audience were heard from Kathy Maxwel1/Trapper1s Motor Lodge. With the exception that Ms. Maxwell does not oppose the amended plat proposal, these comments were relative to the upcoming Development Plan and will be identified under Development Plan #95-3. There being no further discussion, it was moved and seconded (A. Hix/Thomas) the Amended Plat of Lots 22, 23, and a Portion of Lot 16, Sunny Acres Addition be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. "Far View Lane" to read "Far View Drive". 2. Vested rights statement be added to the plat. 3. Signature Block for Town Engineer be added to the plat. 4. Easement for existing waterline be added to the plat. 5. The following note be deleted: "The new lots shown by this action are subject to the same restrictions, covenants, and regulations as set forth in the plat of record of Sunny Acres Addition and amended plat of Sunny Acres". 6. Gas line easement be added if not located within the 10' perimeter utility easement. 7. All existing property lines and lots be dissolved and labeled as former lot lines and lots. 8. The following notes be deleted: "Easements not defined on this plat per Schedule B of commitment No. 6508030 Transamerica Title" and "Existing zoning is C-0 Outlying Commercial,". 9. A new defined easement for the existing sewer line that runs along the southern portion of the lot be described on the plat. 10. The existing 15 • easement for the existing sewer main that angles across the west property line be shown on the plat. 11. Water service lines and easement be relocated and note added to the plat. 3. DEVELOPMENT PLANS. 3.A. Development Plan #95-3. Lots 22, 23, and a Portion of Lot 16, Sunny Acres Addition. Arnold, Jowayne and Roy Johnson/Applicant. Applicant's Representative Habecker reported that a total of 16, two and three bedroom condominium units are being proposed: 4 - Three Plex Units, and 1 - Four Plex Unit, with each unit to include a 2-car garage. All of the units will be offered for sale to the general public for individual residences. All roads and utilities will be installed with initial site construction. Building construction will progress as sales dictate, toward a three year build out. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 21, 1995 - Page 5 Access from Far View Drive was clarified, and Public Works Director Linnane stated that actual building placement must be determined/confirmed prior to issuance of the first building permit. Handicapped-accessibility was also clarified for the two-story units. The roadway will be 10' from the property line and will be heavily landscaped. Public comments were heard from Kathy Maxwell, which, in summary, were: requested a copy of the CDOT easement, public safety concerns relative to access by fire vehicles, existing commercial zoning and use regulations, construction time-frame and actual hours of construction, dust control, wildlife habitat, density, and cluster box installation relative to public safety near the bridge. Director Stamey responded that the maximum number of dwelling units were being requested; buildings are not located in the floodplain; the Homeowners Association will be responsible for maintenance of the road and drives and proposed plantings and common area. The Association should address whether or not nightly or weekly vacation rentals of individual units will be allowed; and state law provides a 3-yr. phasing concept. Mr. Habecker confirmed that the covenants will not allow short-term rentals; a 30/40' buffer area separates this property from the Lodge; infrastructure will be completed at one time, therefore, only the buildings will be phased; and the existing fence will be relocated prior to installation of the driveway. The Commission noted that there were no comments submitted by the Estes Park Volunteer Fire Dept. Bob Harper, adjacent property owner, stated he had no objection to the proposal; however, this area is becoming very dense and this situation could pose traffic problems. There being no further discussion, it was moved and seconded (M. Brown/Pohl) Development Plan #95-3 for Lots 22/ 23 and a Portion of Lot 16, Sunny Acres Addition be approved contingent upon the following, and it passed unanimously: 1. The existing water line which serves adjacent property remain as a separate service within an easement. 2. The existing sanitary sewer line along the west property line be shown and proposed improvements be adjusted to the satisfaction of the EPSD. 3. Planting plan be provided which shows planting locations, sizes, types and quantities. 4. The property line along Fall River be revised as shown on the amended plat. 5. Any wetlands be shown on the plan. 6. The following information be provided on the plan: Zoning District Boundary Proposed contours 100 year floodplain/floodway Type, size and location of proposed plantings Signature blocks, vested rights statement, etc. • Vicinity map A grading plan for the driveway be submitted to, and be approved by staff. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 21, 1995 - Page 6 8. If Highway 34 access is not obtained, a revised plan must be submitted. 9. The 18" culvert located at the northeast corner of the site is to remain with a swale to control drainage to historic flow levels. 10. Erosion control be provided at discharge points to the river. 11. Add a note to the Development Plan that commercial uses are prohibited. 12. The title company opinion note be deleted from the plan. Commissioner Gilfillan encouraged the Applicant to consider legitimate control on the property relative to construction activity and the adjacent accommodations use. 3.B. Development Plan #95-2, Tract 4, Beaver Point, First Addition, RiverRock Homes, L.L.C., Peter Inaersoll, Partner/Applicant. Commissioner A. Hix declared a conflict of interest and vacated the room. Applicant's representative Roger Thorp reported that the proposal includes 11 2-story duplex structures, housing 22 two and three-bedroom condominium dwelling units, each with attached one and two car garages. A central pond and stream water feature and extensive landscaping are also proposed with a walking path connecting to the river frontage. A single access off highway 36 connects to a one way private loop road. There is no public access proposed along the river on either side of the property as the owner desires to maintain the existing pedestrian-oriented character of the site. However, the Applicant will provide said access along Highway 36. Director Stamey identified where easements are in place along Highway 36 to Moraine, adding that community workshops have determined that the access would be along the highway. Commissioner Brown expressed his concern with potential inconsistencies in requiring public access along the river. Representative Van Horn stated that the Applicant intends to install a pathway along the river, however, the pathway is not to be constructed to Town standards, which includes a concrete path, 101 wide. The path is to be reserved as a meditative area for pedestrians only and be approximately 4-5' wide with a crushed gravel walkway. A through-way for alternate forms of transportation will be provided and will be located along Highway 36. Discussion followed concerning federal funding criteria whereby multi-purpose commuter trails are desired; existing combination of river and highway access; consistency of securing public access along the river; and conflicts between pedestrians and bicycles and the like. Similar comments were expressed by Ricki Ingersoll/Partner. Director Stamey reviewed the staff report, and Representative Van Horn confirmed that the only area of contention was the location of the public access. There were no comments from the audience. Commissioner comments included: clarification on the existing well in relation to the central pond, wetlands, and eminent domain relative to obtaining easements. Commissioner Brown stated that obtaining public access along the river is the direction in which the Commission is proceeding, and he requested this statement be made an official part of the BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - February 21, 1995 - Page 7 record. Mr. Van Horn stated that the Applicant would provide a "pedestrian only" public access easement along the river, which would be opened when there is an adjacent connection. There being no further discussion, it was moved and seconded (Burgess/Gilfillan) Development Plan #95-2 for Tract 4, Beaver Point, First Addition be approved contingent upon the following, and it passed, with Commissioner A. Hix Abstaining: 1. Prior to building permit, provision of CDOT Access Permit. 2. Prior to building permit, a permit be obtained from the Corps of Engineers regarding wetlands displacement and replacement. 3. Identify the "replacement" wetlands. 4. Water, electric, and gas easements be provided. New water main to be 8" in diameter. 5. Add details to Development Plan indicating ditch design (100 year flow rate) and erosion control. 6. Indicate construction erosion control. 7. Remove perimeter fencing. 8. Add the following plan information: • Floodway & floodplain. • Planting plan with size, type and quantity noted. • Property line distance and bearing shown on plan view. • Road surface. • Proposed wetlands to be created shown on plan. • Finish floor elevations for each unit, with FFE 1' above 100 year flood surface for units located in 100 year floodplain. 9. Add note to plan regarding maintenance of drive, ponds, and common areas. 10. Installation of cluster mail boxes. 11. Applicant to provide a walk/bike-way at the north strip of the lot and a pedestrian walkway (to be maintained by the owner), with descriptions to be agreed upon by the Project Engineer, Town Engineer and Director Stamey. 12. The surface of the driveways on the plat to be identified as asphalt. 13. No building permits for any of those units encroaching on the wetlands will be allowed until the wetlands mitigation and transfer is accomplished. There being no further business. Chairman Sager adjourned the meeting at 4:19 P.M. Vickie O'Connor, CMC, Town Clerk