HomeMy WebLinkAboutMINUTES Planning Commission 1995-03-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
March 21, 1995
Commission:
Attending:
Also Attending:
Absent:
Chairman A1 Sager, Commissioners Mark Brown,
Harriet Burgess, John Gilfillan, Alma Hix,
Edward Pohl, and David Thomas
All
Senior Planner Joseph, Clerk O'Connor
Trustee Liaison Dekker
Chairman Sager called the meting to order at 1:30 P.M. and
acknowledged the Award presented to Commissioners Burgess and A.
Hix by Mayor Dannels March 14, 1995.
1. MINUTES.
Minutes of the February 21, 1995 meeting were approved as
submitted.
2. DEVELOPMENT PLANS.
2. A. Amended Development Plan #95-3, Lots 22, 23, and a
Portion of Lot 16, Sunny Acres Addition. Arnold, Jowavne and
Roy Johnson/Applicants. Applicant's Representative Kerry
Prochaska advised that the Development Plan was approved with
one of the conditions being that Highway 34 access be
obtained. CDOT has revoked their claim; therefore, access has
been realigned off of the Sunny Acres access road; various
buildings have been shifted; however, the total number of
units has not changed. The Commission received a letter from
Ted Voss/Wetlands consultant advising that there were no
wetlands on this site. A verbal response has been obtained
from the Corps of Engineers—a written statement should be
received shortly.
Planner Joseph reviewed the staff report advising all
conditions have been complied with; however, staff desires
clarification on; (1) how the driveway connects to the
roadway, and (2) connection points for the radius's. Mr.
Prochaska responded that a driveway profile has been completed
and he will meet with the Public Works Department; there is
approximately 15' for a pedestrian access between the river,
bridge and driveway for the turning movement onto the highway.
The driveway can be moved to the north if necessary. Mr.
Prochaska confirmed that the 90° intersection is sufficient
and that it will be aligned and follow the contours. Mr.
Prochaska reviewed research on the roadway ownership, and
contends that such has been dedicated to public use. Planner
Joseph noted that the town will not be responsible for
maintaining this access. The section in question will be
brought up to Town standards; however, the Town, in their
street overlaying program, will pave over the top of the
bridge. The Applicant will comply with planting requirements,
and a Planting Plan, with all detail information, will be
submitted to staff. An existing mobile home on the
Applicant's property will be removed.
There were no comments from the audience. Therefore, it was
moved and seconded (A. Hix/Brown) the Amended Development Plan
#95—3, for Lots 22 and 23, Sunny Acres Addition be approved
contingent upon the following, and it passed unanimously:
1. The 90° Intersection of the roadway radius be
paved.
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Planning Commission - March 21, 1995 - Page 2
2. As stated in the February 21, 1995 meeting, a
Planting Plan indicating planting locations, sizes,
types and quantities, be submitted to staff.
3. The existing mobile home be removed from the site.
4. As stated in the February 21, 1995 meeting, a note
be added to the Development Plan that commercial
uses are prohibited.
2.B. Development Plan #95-4, Lot 16, Grand Estates
Subdivision, Hillerv Parrack/Applicant. Applicant's
Representative Kochevar advised that the Applicant is
proposing three duplex buildings (six single-family
residential condominium units total). Each unit will provide
approximately 1,400 sq. ft. of living area on one level with
an attached two car garage. A 5' high wooden fence is
proposed along the south property line which has been approved
by the adjacent property owner. Completion is anticipated by
March 1, 1998. The Applicant concurs with staff
recommendations, with the exception of: (l) provide typical
section for the retaining wall and walkways on the Development
Plan; (2) indicate all information on landscaping; and (3)
provide an easement for the water line. Mr. Kochevar believes
information on the retaining wall is unnecessary; district
boundary landscaping is being supplied by a fence and further
detail on landscaping is unnecessary; and the Applicant will
sign an agreement only if prepared by the Town.
Clarification was received on the following: all units are
handicapped-accessible, however, such a unit has not been
identified on the Plan; fencing materials will most likely be
stained wood, with 5' alternating panels, extending to the
southeast corner of the site.
Planner Joseph reviewed the staff report, stating that the
proposed multi-family use provides a desirable transition
between commercial and single-family; and that information is
needed on the following: (1) finished floor elevation for the
units; identify the handicapped unit; the Planting Plan, at a
minimum, is of value as it clearly identifies the size, type
and quantity of material to be planted; the release from the
middle drainage detention pond is to avoid the driveway to the
south, routing drainage around the driveway to the east;
Director Linnane reported that there is a "blanket easement"
for the existing water main, however, staff is requesting a
separate, more definitive document/easement for the water line
- regarding easement preparation costs, staff replied that the
Applicant pays these costs, not the Town; in addition, if the
water line it relocated to the north along the property line,
this relocation meets with Public Works' approval; the
proposed ditch along the east property line should be reviewed
to ensure the ditch captures all drainage and routes same to
the existing ditch on the west side of existing Russian Olive trees.
Discussion followed whether or not the right angle turns for
the sidewalks, approaching the garages is appropriate. Mr.
Kochevar stated that the site plan is not intended to serve as
a construction plan, and he took exception to the amount of
detail being requested as same, in his opinion, was not
required by the Municipal Code. Mr. Kochevar did confirm that
a note will be added to the Plan stating that the homeowners
association would be responsible for the maintenance of the fence.
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Planning Commission - March 21, 1995 - Page 3
It was moved and seconded (Brown/Pohl) Development Plan #95-4,
Lot 16, Grand Estates Subdivision be approved with the
following conditions, and it passed unanimously:
1. Indicate on the Development Plan:
• Finished floor elevations.
• Width and surface of walkways.
• Drive surface and base.
• Additional detention pond details (dimensions,
elevations, cross section, size of rip-rap).
• Size, type, and location of plantings.
• Cluster box location.
2. The Applicant provide to and accepted by the Town,
a signed easement for the width of 101 north across
the property line. The easement can specify that
if relocation of the water line is required by the
Town, the Town will perform said relocation at the
Town's expense.
3. Install a 1-1/2" valve at water main/service line.
4. The Applicant connect to the existing drainage
swale along the east property line, with said
connection to be continuous.
5. The fence design be specified as alternating 5'
stained wood panels. If the Applicant desires to
amend the fence materials, he must return to the
Commission and request a variance.
6. The drainage discharge will avoid damage to the
property and driveway to the south and east.
7. A handicapped unit be designated and information
given to staff regarding there being sufficient
width of the walkway for handicapped access.
2.C. Amended Development Plan #94-11, Black Canyon Inn, Jim
Sloan/Applicant. The Planning Commission approved the
original Development Plan in December, 1994 where two existing
cabins were being removed in the area immediately south of the
restaurant. Applicant's Representative Kochevar reported that
additional inspection of these cabins has led the owner to
conclude that they should be salvaged for employee housing and
moved to another location on the site. The Applicant believes
this kind of housing is at such a premium in Estes Park, that
a rather significant investment in these small cabins is
warranted. Both cabins have small entry porches, wood siding,
gingerbread woodwork along the gable ends, etc. The Amended
Plan indicated a new location for the cabins along the
easterly lot line and adjacent to Black Canyon Hills
Subdivision. The area is not easily seen from the neighboring
property as it is near the rear lot lines. The site was
chosen as it is very removed from the guest units and adjacent
to an existing employee housing unit. Each cabin will be
connected to public water, sewer and electricity. A complete
revision to the Black Canyon Inn Development Plan is in
progress; however, the Applicant is requesting that as one
more foundation must be placed before the revised plan is
prepared (to ensure accuracy), the Commission consider this
proposal as a supplement to the original development plan.
Commissioner Pohl reported that the cabins have already moved;
Mr. Kochevar confirmed the cabins have been moved; however
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 21, 1995 - Page 4
they are not ,,sited"--the Owner was unaware that approval must
first be obtained prior to relocating structures. Staff
confirmed that the supplemental development plan process is a
sanctioned Planning Commission act, contained in the Municipal
Code. Staff had no further comments, and there were no
comments from the audience.
It was moved and seconded (A. Hix/Burgess) the Amendment to
Development Plan #94-11 for the relocation of two cabins to
the location identified on the supplemental sketch be
approved. In addition, an accurate/revised Black Canyon
Development Plan is to be with submitted within 60 days from
this date, and it passed unanimously.
SUBDIVISIONS.
3.A. Tract 15, Fall River Addition (Edwards Subdivision),
Craig Duell/Applicant. On April 19, 1994, the Planning
Commission approved the Edwards Subdivision which split one
lot into two lots. During review, it was assumed that the
newly created vacant lot. Tract 15B, would be connected to
public sewer. One of the Commission conditions of approval
was: "Provide private sewer service line to Tract 15B." With
a building permit application for Tract 15B, staff observed
that a septic system was being proposed, and Applicant's
Representative Bill Van Horn is requesting approval of same.
Mr. Van Horn reported that UTSD has no objection to the lot
split and did recommend a private service for 15B. The
property is within the UTSD boundary, however, the District
has no authority to demand service connection. The Larimer
County Health Department has stated that if property is at
least 400' from a sewer line, they had no objection to a
septic system and lift station. Approval of a septic system
is contingent upon obtaining a permit and a test of the
system. In Mr. Van Horn's opinion, if properly installed,
this site can accommodate a septic system. The Applicant is
attempting to save approximately $10-12,000 as he is able to
excavate and install the septic system himself.
An exception to the minimum lot area was previously granted.
Without public sewer, an additional 18,000 sq. ft. would have
been required for a total of 80,000 sq. ft.
Commissioner A. Hix stated there were two issues: (1)
financial consideration—actual costs to actual costs should
be compared, and (2) a decision cannot be made without
confirmation of a perk test and system design. Mr. Van Horn
commented that there are a number of septic systems inside
Town limits and they function well, and the County views a
vault as the absolute last resort.
There were no comments from the audience. Commissioner
Gilfillan stated that when the lot split was approved, it was
with the understanding that sanitary sewer service would be
obtained; therefore, it was moved and seconded
(Gilfilian/Thomas) the request for a septic system be denied,
and it passed unanimously. Commissioner Brown added that it
is undesirable to set a precedent to allow septic systems
inside Town limits where sewer service is available.
3.B. Final Plat of a Portion of Tract 65, Fall River Addition,
(Castle Mountain Estates), Jack Norris/Applicant. Paul
Kochevar, Applicant's Representative, presented proposed uses
for Lot 4 and a Use Regulation Schedule (Section 17.16.020).
This review is for the final plat of the first filing
originally submitted by Penny Kane. The intended second
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Planning Commission *■ March 21, 1995 - Page 5
filing (4 lots) is shown for informational purposes, and the
resultant common open space outlets are also shown. The
original intent was to subdivide into single-family lots in
two phases. There is currently proposed a different lot
configuration which generally proposed Lot 4 for either
limited commercial or single-family use—the Applicant may
submit a rezoning request for the remaining lots. Preliminary
cost estimates are being prepared by the Light and Power Dept,
for undergrounding the existing overhead power line; however,
all new electric lines will be underground all along the site.
Mr. Kochevar requested consideration by the Town Board be
scheduled April 11, 1995.
Discussion followed on the proposed use of a Bed and Breakfast
for up to 20 quests. Staff confirmed that the proposed use is
not a bed and breakfast by definition - zoning allows a
commercial accommodation at this site. Staff requested and
received clarification on potential commercial use on Lot 4,
and on the private access to Lots 4, 5, and 6. The covenants
contain language ensuring that the homeowners are responsible
for the maintenance of the open space—the covenants are
prepared and will be submitted to staff. Mr. Kochevar also
stated the Applicant's intention to add a note to the plat
that the area reserved for future lots is not available as a
building site as a single lot, as shown on this plat.
Comments were heard from adjacent property Pieter Hondius who
expressed concern that the open space be so designated
permanently; and that a buffer between the RMNP boundary be
provided in future planning efforts. Mr. Kochevar responded
that once platted, the Town becomes a party to the open space;
the homeowners would need a 100% vote and Town approval to
development/amend the open space. Development is not
precluded; however, significant control would be in place.
Larry Gamble/RMNP referred to and commented on the four
conditions placed on the final plat by the Planning Commission
January 18, 1994: use restrictions, grading plan, mitigate
cut and fill, and Town control of the open space. Planner
Joseph noted that the four points can be addressed when future
lots are submitted for approval.
Concluding all discussion, it was moved and seconded
(Brown/Burgess) the Pinal Plat of Castle Mountain Estates be
approved contingent upon the following, and it passed
unanimously:
1. Add a note to the plat identifying any use
restrictions (e.g.. Lots 1-3, 5 - 7 to be used
only for single-family dwellings. Lot 4 may be
used for commercial purposes. It would be
preferable if a specific use were identified).
2. The private drive extending beyond the cul-de-sac
be removed the plat.
3. Based upon the proposed uses and schedule presented
by the Applicant this date, a note be added to the
plat designating Outlet B as an Open Space Outlet.
3.C. Preliminary Plat, Sleepy Hollow Subdivision, Gary D.
Connelly/Applicant. Applicant's Representative Kerry
Prochaska reported on a discussion with Town Attorney White
concerning access and ownership concerns for this site.
Adjacent property owner Jim Tawney may or may not have rights
to the roadway. The Applicant has reach a preliminary verbal
agreement from Mike Wallace/Blackhawk Lodges, and Jeff
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Planning Commission - March 21, 1995 - Page 6
Barker/Trail West for access.
Mr. Prochaska noted that ten single-family lots are being
proposed, including two open space outlets, and a CDOT Highway
Permit has not yet been approved. Discussion followed
concerning the difficulty Commissioners experience in
inspecting the site when stakes have not yet been placed; the
roadway that ends at the cul-de-sac will be installed to Town
standards; the private drive to the south will follow the
existing road with a 10-14% grade at the upper reaches; and
staff desires additional information on the roadway, ie;
roadway profile.
Planner Joseph reviewed the staff report, specifically noting
that staff is suggesting a note be placed on the plat stating
that maintenance of the private one-lane bridge is the
responsibility of the lot owners, should the need arise for
the one-lane bridge to be converted to a two-lane bridge, this
would also be the lot owners responsibility. Mr. Prochaska
stated that there are five single-lane bridges in existence
today, and to his knowledge, the Town has never placed such a
condition on the lot owners. Staff responded that the
requirement is due to the development of the site into single
family lots. Public Works Director Linnane commented that the
Town does allow non-standard roads to access parking areas,
commercial-single owner areas, and this single-family
subdivision is not in the same category based upon use.
Commissioner Gilfillan confirmed that this requirement has
been in existence for some time.
Commissioner A. Hix was excused from the meeting at 3:30 P.M. due
to a schedule conflict.
Comments from the audience were heard from Mike
Wallace/Blackhawk Lodges—the bridge should not be a problem;
the Agreement contains language preventing the Town from
assuming ownership of the access easement, and there is not
sufficient property to accommodate a two-lane bridge. Jeff
Barker/Trails West—confirmed the Agreement is being prepared,
and he urged approval of the plat. Jim Tawney stated that
both his attorney and Town Attorney White have been in
contact, Mr. Tawney does claim ownership and access is not
resolved.
Commissioner comments included: the Planning Commission does
not litigate ownership, and an Attorney's Certificate
attesting to legal ownership is required by the Code and such
is to be submitted by the Applicant during the Final Plat
process.
There being no further discussion, it was moved and seconded
(Thomas/Pohl) the Preliminary Plat of Sleepy Hollow
Subdivision be approved with the following conditions, and it
passed unanimously:
1. The maintenance and/or replacement of the private
bridge be the responsibility of the homeowners',
and a note be placed on the plat to this effect.
2. Applicant obtain a Highway Access Permit from CDOT.
3. Applicant provide a fully executed Improvement
Guarantee for improvements associated with the
access easement agreement, and the easement be
recorded.
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Planning Commission - March 21, 1995 - Page 7
4. An Agreement for the bridge between the Town and
the Applicant (or any future land owners) be
prepared and executed.
3_.D. Preliminary Plat, Placid Lake Subdivision. J. R. and
Rachael—Preston/Applicant. Acting upon the Applicant's
request, it was moved and seconded (Brown/Burgess) the
Preliminary Plat be continued to April 18, 1995, and it passed
unanimously.
3.E. Final Plat of Grey Fox Estates. First Filina. Dick and
----Bar low/Applicant. it was moved and seconded
(Burgess/Brown) this item be continued to April 18, 1995, and
it passed unanimously.
4. ANNEXATIONS.
A^A. Grey Fox Estates, Third and Fourth Addition. Dick and Ann
^^rlow/APPlicant♦ Applicant's Representative Van Horn stated
that this proposal consists of the annexation of three
co^^19uous parcels, totalling 66.69 acres. E—Estate zoning
and single-family development is proposed. Concerning the
vicinity map, Mr. Van Horn confirmed he will use two different
shadings to indicate how each addition fits with the whole.
Correspondence was received from adjacent property owners Bob
and Jodie Leadley (Lots 20 and 21) listing six areas of
concern with the potential annexation. In summary, the
Leadley s are requesting assurance that existing uses (home
occupations) and accessory dwelling units which are allowed
under County E-Estate zoning will be allowed under Town E-
zonin9* Mf- Van stated the uses would become
legal non-conforming uses and he requested a letter of
Department011 S° stating from the Community Development
There were no comments from the audience, and it was moved and
seconded (Thomas/Burgess) the Annexation of Grey Pox Estates,
Third and Fourth Additions, to include E-Estate Zoning be
unInimoSlyeCO”,enae‘1 t0 the B°ara °£ TrUstees' an<J it passed
5‘ AHHEMTION POLICY - PRESENTATION. Assistant Town
FSraa?v ?s0ri«t1iep°rJ:ed at their meeting held
^995A.the Board of Trustees referred the above- mentioned Policy to the Planning Commission (the Policy was
199rcl1?fed by tbe Puhlic Works Committee February 23,
-ff pr®par®d a Policy for Residential Annexations as
a Resolution. The Policy confirms the Town's
S 4-and lt haS been reviewed by Town Attorney White. Subject to a Memorandum of Understanding concerning Special
Improvement Districts, the Policy recognizes a sSiSivisioi•s
^he.,Town,s economy by stating the Town will pay one half of the asphalt portion of paving costs
Discussion followed, and it was moved Pand gSeccndei
( rown/Burgess) the Planning Commission endorse the
A;nexation Policy as presented, and so advise the Board of Trustees, and it passed unanimously.
meeWngbeatn94:S? pf.UMr.ther business' Chairman Sager adjourned the
y (0 j
Vickie O'Connor, CMC, Town Clerk