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HomeMy WebLinkAboutMINUTES Planning Commission 1995-04-18BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission April 18, 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, Pohl, and Thomas Community Development Director Stamey, Senior Planner Joseph, Deputy Clerk Kuehl Commissioner A. Hix Chairman Sager called the meeting to order at 1:32 p.m. MINUTES. Minutes of the March 21, 1995 meeting were approved as submitted. DEVELOPMENT PLAN. ------Development Plan #95-5, Lot 6, Manford Addition. ^lamond Shamrock), Ray Parker/Applicant: Senior Planner Joseph explained that the purpose of this Development Plan is o bring the existing service station use into compliance with applicable parking, screening and planting requirements. The area proposed for expanded parking is presently being used for parking related to both the service station and the U-Haul U"Haul business will cease operations at this location. This Plan will provide 10 paved parking spaces, an fndCfd(?r. fe^?e screen, 10 spruce trees (irrigation required), and a detention pond. Additional Staff requirements include*SSSnUofia0?eff.ailH 0f thJ rtentlon ncteTon tte detail Of areas to be paved for each phase shown on the nlan* ff0\CD?T (regarding drainage and driveway) , all Sf are.to be incorporated into the Development Plan. The ast reqmrement is due to the proposed CDOT widening proiect configuration'nfPr>,nnSd-in Spring 1997' which “ay ohange3the eSisiing utiH?fet ^?:LVeWa.y-- N° changes are proposed to the existing Utilities. The grading of the parking area fencinaCaPp1anr9kinan win31,?39", fre at0 bS ““Pl-^ed S'June “I; Pavina is L be allowed during the interim period. Paving IS to be completed no later than October 30 199^owner Ray Parker verified that parking will ?e all owed iJ, SS PeOPuseedd for'SaSki??""1"9 3rtea °nly' a"d that tWaSrea^wS? ^ rking prior to paving in October 1995. TheSsS 9but 3?k ,,locati°n "in protected S guIS posts, but will not be relocated due to planned future SrS?k!S irefe r3nk 31:03' N° St0rage wil1 occur iSthS new parking area. Commissioner Thomas commended Mr Parker for his improvement plans and diligence in resolvinSexiSS DSeiopment T.3?3 cseconaed (Thomas-Brown) that tkamfoSSiSY Parter/APPli=ant'be SpSrSveS ooStinge'S3SSn the following, and it passed unanimously: P Include the vicinity map. Indicate sewer easement. No plantings or other improvements within the sewer easement. notations property line distance and bearing Subject to review and approval by CDOT. Complete driveway reconstruction prior to paving. 1. 2 . 3 . 4 . 5. 6. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 2 7 , 8 . 9. 10. 11, 12 , Note 25' setback line. Clarification of language in general notes. Drainage review by CDOT and Public Works Department. All proposed improvements, except asphalt paving, must be completed no later than June 15, 1995. The asphalt paving must be completed no later than October 30, 1995. Parking shall be restricted to designated paved areas. Parking on the new paved area is restricted to vehicles waiting to be serviced, or waiting to be picked up after service or repair. 3. SUBDIVISIONS. 3.a. Preliminary Plat, Placid Lake Subdivision. J.R. and Rachael Preston/Applicant. It was moved and seconded (Burgess-Brown) the Preliminary Plat, Placid Lake Subdivision, be continued to May 16, 1995, and it passed unanimously. 3_»b.__Final Plat, Grey Fox Subdivision. First Filina, Dick and Ann Barlow/Applicant. Applicant's representative Bill Van Horn reported this subdivision consists of 18 proposed lots, 1.65 to 4.47 acres per lot, E-Estate Zoning, existing single­ family residential, access on Larkspur Drive and Highway 7. The site contains a total of 47.89 acres. Director Stamey reviewed the following: 1. The 3rd and 4th Additions of Grey Fox Estates have not yet been annexed; annexation will be considered May 9 1995. 2. A Deed of Dedication for street right-of-way across the property to the south (shown as Lot 20, Second Filing) has not yet been provided. 3. A Memorandum of Agreement has been prepared which addresses timing of construction for improvements. A preliminary set of drawings has been provided. Revise the dedication statement. Prior to Town Board approval, an improvement guarantee will be reguired for all improvements, including street construction from Larkspur to Highway 7. Commissioner Brown requested the Memorandum of Agreement be revised to include a statement naming the developer responsible for street construction in addition to dedication. Bill Van Horn expressed concern regarding the recommendation that curbs be concrete rather than asphalt. Commissioner Pohl ^ asked that submitted plans be dated to verify the Commission is working with the most recent plan. Staff responded that since the Final Plat is the recording instrument, dates are unnecessary. It was moved and seconded (Brown-Pohl) the Final Plat for Grey Fox Subdivision, First Filing be favorably recommended to the Town Board contingent upon the following being accomplished prior to Town Board review, and it passed unanimously: 4, 5, 6, 1. 2 . 3 . 4 . 5 . 6 , 7 . 8 . Annexation of the 3rd and 4th Additions. Executed Deed of Dedication for street right-of-way. Resolution of curb issue, asphalt versus concrete. Executed Memorandum of Agreement, as revised. Provide final set of Street and Utility Plan & Profiles and final drainage plan for review and approval by Public Works. Plat information be added. Provide Improvement Guarantee. Authorization for CDOT Access Permit. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 3 SPECIAL REVIEW. 4.a. Special Review #95-1, Tract 4, Beaver Point, 1st Addition, RiverRock Townhomes. Peter & Ricki Ingersoll/ Applicants. Senior Planner Joseph reported that 550 Moraine Avenue is presently vacant, the lot size is 4.12 acres, and zoning is commercial outlying. This development was reviewed and approved by the Planning Commission on February 21, 1995. The Applicant has submitted an amended plan which retains the original site plan and similar building footprints but proposes five additional dwelling units by converting five duplex buildings to five tri-plex buildings, for a total of 27 dwelling units. Adjusting for floodplain, the actual land area is 157,475 sq. ft., which is 4,525 sq. ft. less than required. The use by right density is 26 dwelling units. The Applicant is requesting a density bonus, under Special Review, for one additional dwelling unit. Applicant previously agreed to dedication of trails (pedestrian and bike). Parking will be in one-car attached garages, rather than the original 2-car garages, with asphalt driveways. Staff concerns included Applicant obtaining the required COOT Access Permit and Corps of Engineers Permit regarding wetlands, and easements, erosion control, fencing removal, wetlands transfer stipulations, trails design and maintenance provisions, and Condominium Association provisions regarding maintenance and rental regulations. Representative Van Horn explained Applicant will comply with Staff recommendations, with the exception of the wetlands transfer prior to building permit issuance. Van Horn stated the successful transfer of wetlands can only be accomplished during construction. Chairman Sager requested clarification of. the stated 28 units in the Statement of Intent; and expressed regret that the Applicant has had a change in philosophy from the original proposal. Sager believes the increased 5 units will destroy the special ambiance the Applicant was so insistent would occur, and the modification from a two-car garage to a one-car garage will force increased parking in driveways, thus affecting the appearance of the development. Representative Van Horn explained the change was not one of philosophy but of financing. As most units will be second homes and not inhabited year around, the Applicant believes this change will not affect the environmental characteristics, impact the neighborhood, or create a burden on existing development or future development. There being no f'^^ther discussion, it was moved and seconded (Brown— Gilfillan) the revised RiverRock Townhome development with a maximum of 26 units be approved and that Special Review #95-1, Tract 4, Beaver Point, 1st Addition, regarding a one unit density bonus be recommended to the Town Board for denial. The motion failed. Those voting "Yes": Commissioners Brown and Gilfillan. Those voting "No": Commissioners Burgess, Pohl, Sager and Thomas. Representative Van Horn argued that developers should be encouraged to use their property within code limitations, and that additional housing is a major issue in Estes Park. However, the Commissioners noted this housing development is not characteristic of the low-cost housing need. Van Horn continued that the Applicant has provided trails and easements as required, and should be allowed a bonus. Director Stamey noted there is no bonus provision for the highway frontage walkway as this is required when 30+ parking spaces are involved. Commissioner Gilfillan noted that the Applicant agreed to the use of the pedestrian trail the bike trail when the original development plan was approved and should not be a consideration in this review. Commissioner Brown noted that nearby land uses would be damaged due to proposed residential development in a C-0 zone. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 4 as the residential use adjacent to a vacant C-0 property could impact future development on that property, and environmental characteristics would be damaged due to the required relocation of wetlands in this revised development plan. Commissioner Pohl reviewed the Special Review criteria and found that this request meets the criteria in terms of building and site design and trail access. It was moved and seconded (Pohl-Thomas) Special Review #95-1, allowing the proposed one-unit bonus unit for Tract 4, Beaver Point, 1st Addition, RiverRock Townhomes, be approved contingent upon the following, and it passed by the following: Those voting "Yes": Commissioners Burgess, Pohl, Sager, and Thomas. Those voting "No": Commissioners Brown and Gilfillan: 1, 2 , 3 , 4 , 5, 6. 7, 8 . 9 , 10, 11, CDOT Access Permit required prior to issuance of a building permit. Prior to issuance of a building permit, a permit be obtained from the Corps of Engineers regarding wetlands displacement and replacement. Water, electric, and gas easements be provided. New water main to be 8" in diameter. Add details to Development Plan indicating ditch design (100 year flow rate) and erosion control. Indicate construction erosion control. Remove perimeter fencing. Add a note to the plan regarding maintenance of the drive, ponds, and common areas. Installation of cluster mail boxes. Applicant to provide a walk/bikeway 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, prior to issuance of building permit. The Condominium Association will be responsible for maintenance of the street, ponds, and common area, and the Association Declarations should address whether or not nightly or weekly vacation rentals will be allowed. Condominium documents to be reviewed by Town Attorney White. Commissioner Pohl assured Mr. Van Horn that all Applicants are treated fairly and equally by the Planning Commission. Chairman Sager noted that the Applicant is following the guidelines as set forth by ordinance. Commissioner Burgess commented on the Applicant's original development plans and that perhaps developers should consider financing requirements prior to submission to the Planning Commission. There being no further business. Chairman Sager adjourned the meeting at 3:10 p.m. i Tina Kuehl, Deputy Town Clerk