HomeMy WebLinkAboutMINUTES Planning Commission 1995-06-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
June 20, 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, Burgess,
Gilfillan, Hix, Pohl, and Thomas
Community Development Director Stamey, Senior
Planner Joseph, Deputy Clerk Kuehl
Commissioner Brown
Chairman Sager called the meeting to order at 9:30 a.m.
1. MINUTES.
Minutes of the May 16, 1995 meeting were approved as
submitted.
2. ANNEXATION.
2.A. Manske Addition -- Annexation and Zoning, Glen &
Margaret Manske/Applicants. Chairman Sager reviewed the rules
of participation for Public Hearings, and opened the Public
Hearing. Director Stamey clarified that two separate items
are being considered: annexation and establishment of zoning.
Applicant's Representative Bill Van Horn stated the Applicant
is proposing to annex this 1.54 acre site and is requesting R-
M Multiple Family zoning for construction of twelve dwelling
units. The property is currently zoned E-Estate, County.
Director Stamey reported area zoning and uses as follows:
North: R-M Residential Multiple Family, Single Family;
South: E-Estate, County, Single Family; East: R-S Residential,
Single Family; West: E-Estate, County, Single Family. The
1978 Estes Park Comprehensive Plan recommended a future land
use for this area of Residential, defined as 0.6 acres per
dwelling unit. A petition opposing the proposed zoning had
been submitted, containing 45 signatures of surrounding
property owners. Senior Planner Joseph presented maps
displaying the existing zoning and land use, resident
locations in opposition to R-M zoning, and petitioners who
reside within 100 ft. of the proposed Manske Addition.
Chairman Sager noted that letters of opposition were received
from James Mack, 1010 Acacia Dr.; Mary Coen, 1731 Avalon Dr.;
Barb Ludwig, 1119 Brook Dr.; and William and Virginia Swim,
1660 Clover Ln. The following area residents spoke in
opposition to the proposed R-M Zoning, noting drainage
problems, environmental impacts, elk and deer migration,
decreased property values, pollution, destruction of view
corridors, increased traffic, loss of privacy, and public
safety issues: Harold Allen, 1750 S. St. Vrain Ave.; Lynda
Vogel, 1129 Brook Dr.; Jeannette Villers, 1720 Avalon Dr.; and
Jeanie Tippin, 1641 Avalon Dr. In addition, Sally Badali, on
behalf of her father, Frank Burke, 1041 Acacia Dr., stated
that the surrounding property is established as single-family
housing and the property owners should be assured the proposed
Manske Addition would be the same. Mary Coen, 1731 Avalon
Dr., previous owner of the property, understood a deed
restriction could not be attached to the buildings or their
placement on the property. Austin Condon, Margaret Clark, and
Bryan Michener, representing EVIA, disagreed with the proposed
zoning. There were no property owners, nor correspondence
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, June 20, 1995 - Page 2
received, in favor of the proposal,
however, in favor of the annexation.
Property owners are.
Representative Van Horn stated that zoning for the area is
being established, not modified, due to the annexation; when
land is annexed, it is removed from a rural situation to urban
status; the development will be planned to preserve mature
trees; the development does not eliminate elk migration; and
the proposed plan will not encroach on view corridors. Staff
recommends annexation with R-S Residential Single Family
zoning, allowing the site to be subdivided into three single
family lots or two duplex lots. The property to be annexed
will be included in the Northern Colorado Water Conservancy
District or Sub-District. There being no further comments
from the public. Chairman Sager closed the Public Hearing. It
was moved and seconded (Burgess-Hix) that the Manske Addition
Annexation, with R-S Single Family zoning, be favorably
recommended to the Board of Trustees, and it passed
unanimously. Commissioner Burgess stated that her rationale
for R-S Zoning included: response from the neighborhood and
the 1978 Comprehensive Plan.
SPECIAL REVIEW
3.a. Special Review 95-2, Manske Addition, Avalon Dr., Glen
& Margaret Manske/Applicants. Applicant' s Representative Bill
Van Horn requested this item be continued. It was moved and
seconded (Pohl-Gilfillan) that Special Review 95-2, Manske
Addition, be continued to July 18, 1995, and it passed
unanimously.
3.b. Special Review 95-3, Community Church of the Rockies.
1700 Brodie Dr», Installation of Carillon Bells. Chairman
Sager opened the Public Hearing. Polly G. Gunn, Elder of The
Community Church of the Rockies, reported the Church is
proposing to install carillon bells, which would be operated
twice on Sunday mornings and on Christmas Eve, Maundy
Thursday, and special requests. The speakers will face Fish
Creek Rd. where there is no housing, and the sound level will
be set and monitored. Only designated personnel will have
access to the operation of the bells. Director Stamey stated
that the bells are an acceptable use if operated as stated in
the application. Favorable correspondence was received from
EVRPD, W.B. Paynter, and D.A. Lienemann, Sr. Lou Wallace,
1141 Wallace Ln., spoke in favor of the proposal and noted the
bells will play melodies. There being no further comments.
Chairman Sager closed the Public Hearing. It was moved and
seconded (Hix-Burgess) that Special Review 95-3, for the
installation of carillon bells at the Community Church of the
Rockies, be favorably recommended to the Board of Trustees,
and it passed unanimously.
SUBDIVISIONS.
4. a. Amended Plat, Lots 14 & 15, The Crags Subdivision,
Sharon Nordic/AppIicant. Commissioner A. Hix declared a
conflict of interest, stated she would not participate in
discussion nor vote, and vacated the room. Paul Kochevar,
Applicant's Representative, noted that the owner is proposing
to replat a 5.88 acre site into six lots, 0.41 to 1.7 acres
each, for single family development. Zoning is R-M Multiple
Family and the land is presently vacant. It was noted the
Preliminary Plat was presented at last month's meeting, and
all requirements referring to that Plat will be applicable to
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Planning Commission, June 20, 1995 - Page 3
this Amended Plat. The Applicant has no objections to the
staff recommendations which will be incorporated into the
Final Plat, It was moved and seconded (Pohl-Thomas) the
Amended Plat, Lots 14, 15, The Crags Subdivision be favorably
recommended to the Board of Trustees, contingent upon the
following, and it passed by the following votes: Those voting
"Yes" Commissioners Burgess, Gilfillan, Pohl, Sager, and
Thomas. Those voting "No" None. Those "Abstaining"
Commissioner A. Hix:
1. Provide verification of N.C.W.C.D. inclusion or
application.
2. Modify Notes 3 and 4.
3. Construction plans be approved prior to Town Board
approval.
4. Provide documentation for maintenance of Audubon Street.
5. Provide cluster box location and installation, pending
approval by the Post Office.
6. Provide Improvement Guarantee, including completion of
Phase I "punch list" items, submitted prior to Town Board
approval.
Commissioner A. Hix resumed her position on the Planning
Commission.
4,b. Amended Plat, Lot 4, Subdivision of Lot 17, Block 10,
Town of Estes Park, 210 & 212 Virginia Dr., Nancy Marsden/
Applicant. Director Stamey stated that Town Attorney White
advised, prior to final approval of the plat, it is necessary
to obtain a variance from the Board of Adjustment. Paul
Kochevar, Applicant's Representative, concurred with Town
Attorney White's opinion. It was moved and seconded (Thomas-
Pohl) the Amended Plat, Lot 4 of Lot 17, Block 10, Town of
Estes Park, be continued pending Board of Adjustment action,
and it passed unanimously.
4.C. Final Plat, Grey Fox Estates. Second Filina, Richard &
Ann Barlow/Applicant. Commissioner A. Hix declared a conflict
of interest, stated she would not participate in discussion
nor vote, and vacated the room. Chairman Sager expressed
concern regarding the incomplete proposal, adding that the
First Filing, previously approved, is also incomplete.
Applicant's Representative Bill Van Horn stated that the
owners agree with the staff comments and are proceeding with
the installation of improvements instead of using an
Improvement Guarantee. The CDOT Access Permit is being
negotiated. Representative Van Horn agreed that a delay in
action is appropriate. It was moved and seconded (Thomas-
Burgess) the Final Plat, Grey Fox Estates, Second Filing, be
continued until July 18, 1995, and it passed by the following
votes: Those voting "Yes" Commissioners Burgess, Gilfillan,
Pohl, Sager, and Thomas. Those voting "No" None. Those
"Abstaining" Commissioner A. Hix.
Commissioner A. Hix resumed her position on the Planning
Commission.
4.d. Amended Plat, Lots 7, 8, 25 and a Portion of 24, Block
10, 2nd Amended Plat, Town of Estes Park, Lewiston
Condominiums. Rex Miller/Applicant. Applicant Rex Miller
reported the original development plan was submitted in 1978.
The Applicant is proposing to complete the project by
constructing Buildings D & F (a total of 7 units), noting that
Building F has been downsized from 9 units to 3 units. An
access easement is being negotiated with the Lewiston
Condominium Association. Public Works Director Linnane
reported a drainage plan was not originally submitted, and
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Planning Commission, June 20, 1995 - Page 4
added that all drainage is presently being directed toward a
house located on the southeast portion of the site.
Additional structures may present a drainage problem at this
site. There is adequate space in Lot 8A to accommodate
drainage. Director Stamey reported this proposal consolidates
portions of three lots into one lot (8A), places the existing
Lewiston Condominiums on one lot (7A) , and proposes a new lot
(7B) for seven condominium units and added:
1. Lewiston Condominiums were developed under prior non-
conforming density. Since Lot 7B is being created as a
new lot, it should be sized to conform to the minimum lot
area requirement for 7 units - 40,000 square feet (0.9
Acres).
2. The proposed northern lot line between 7A and 7B bisects
an existing garage resulting in nonconforming setbacks
for this building.
3. Plat Information.
♦ Proposed buildings (Building D) should be removed
from the plat.
♦ Drainage easements to be added to the Plat.
♦ The building envelope on Lot 7B does not match the
apparent building area.
♦ A note should be placed on the plat indicating
which lots are served by the access easement (all
lots will need to use it).
♦ A copy of the maintenance agreement for the access
easement needs to be provided and a note added to
the Plat.
♦ Prospect Drive should be labeled as Spruce Drive
♦ Add vested rights statement.
♦ Indicate adjoining subdivision information to the
west.
♦ Storm water detention should be provided during
construction of all future buildings and added to
the Plat.
♦ Indicate existing electric facilities on the Plat.
♦ Plans for sewer service be indicated on the Plat,
including upgraded sewer lines and deeded to the
Estes Park Sanitation District.
4. Easements.
♦ A 10-ft. wide utility easement should be provided
along all lot lines.
♦ Utility easements need to be provided for all
existing utilities.
♦ Drainage easements need to be provided.
5. A water main extension to Lot 8A will be required and a
utility easement dedicated at the Development Plan stage.
A recess was called at 11:32 a.m.
the meeting at 11:40 a.m.
Chairman Sager reconvened
Mr. Van Horn proposed that instead of increasing the size of
Lot 7B, they would place a note on the Plat stating that the
combined density for Lots 7B and 8A would conform with current
requirements. Following review of Town Board minutes.
Director Stamey noted there was no reference to approval of
the development in 1978, as stated by the Applicant.
Recognizing this Amended Plat will clarify the property lines
and correct non-conforming conditions, and pursuant to the
topography of the lot, the density transfer is appropriate.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, June 20, 1995 - Page 5
It was moved and seconded (Hix-Burgess) the Amended Plat of a
Portion of Lots 7, 8, 25, and a Portion of Lot 24, Block 10,
2nd Amended Plat of the Town of Estes Park be favorably-
recommended to the Board of Trustees, contingent upon the
following, and it passed unanimously:
2
3
4
5
6
7
8
A note regarding the density for Lots 7B and 8A be added
to the Plat.
Non-conforming structure note be placed on the Plat.
Add plat information.
Provide utility easements along all lot lines, and
provide easements for existing utilities, drainage, and
water main extension.
Lot 7B and 8A share a common drainage facility.
Storm water detention be provided for all future
construction.
Detention pond be located on Lot 8A.
Storm drainage details for Lots 7B be provided with
building permit application.
The Planning Commission also noted that review of the
Subdivision Plat did not grant any approval or standing for
the old Lewiston Site Plan.
DEVELOPMENT PLANS.
5.a. Amendment to Development Plan 94-2, Lot 2A, Amended Plat
of Lots 1 & 2, Block 4, First Addition. Lone Pine Acres,
Lester Schmidt/Applicant. Applicant's Representative Paul
Kochevar stated the Applicant is requesting an Amendment to
the original Development Plan approved in 1994. The original
Plan included a fenced storage and parking area on the north
side of the building with an extension of the fencing from the
northwest property corner along the west property line to a
gate attached to the northwest corner of the building. The
fence and gate have not been constructed in this location.
Instead, this area is being used for access to the storage
yard and the rear of the building. A paved driveway and gate
have been constructed to access the storage area on the east
side of the building. Senior Planner Joseph reported the plan
originally included a solid fence and landscaping on the east
side of the site which was more responsive to neighborhood
concerns regarding the appearance of the development and the
storage area. The addition of this access on the east side
has increased impervious coverage. Access to the storage area
on the west side of the building has been constructed in a
manner which permits direct passage between the parking lots
across the west property line. Construction of the fence
along the west property line and the gate at the northwest
corner of the building, as originally proposed, may present an
obstacle to this shared access. Both properties are owned by
the Applicant. Ralph Nicholas, 1616 N. Ridge Ln., reported
the gate on the east side is never closed and the driveway
contains a dumpster and vehicles visible from his property; he
requested the original Development Plan be observed. Chairman
Sager requested suggestions regarding additional landscaping
to screen the gate and driveway. Representative Kochevar
offered suggestions, adding that an automatic closer for the
gate has been ordered. Commissioner Thomas clarified that a
paved driveway and gate were installed in defiance of the
original Development Plan. Representative Kc^hevar stated
that the Applicant was advised in April that ■ although his
actions were not approved by the Planning Commission!- -fehe-
Applicant did meet zoning ordinance requirements and thafe-fch:e-
Planning—Commission would—have no juxisdicdoii uvtix LIh^sh-
chang°^ rr^mm-icc-innn-r PnH4-—xequcsLcQ the Town ALLux'iiey give
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Coramission, June 20# 1995 - Page 6
•stR—opi ni nn—on—this—atatcment. Commissioner Gilfillan
questioned the function of the Planning Commission when asked
to compromise an approved Development Plan. It was moved and
seconded (Pohl-Burgess) the request for additional access to
the storage yard on the east side be denied and the fenced
enclosure and landscaped area be constructed as originally
proposed for this area, and it passed by the following votes:
Those voting "Yes" Commissioners Burgess, Gilfillan, A. Hix,
Pohl, and Thomas. Those voting "No" Chairman Sager. The
Applicant was advised he may appeal this decision to the Board
of Trustees. Chairman Sager . questioned the Planning
Commission decision to require Applicant to comply with the
original Development Plan when additional landscaping would
provide proper screening of driveway and gate.
Commissioner Burgess was excused from the meeting.
5.b. Development Plan 95-7, Portion of Lot 1, Mountain Man
Subdivision, 358 E» Elkhorn Ave., Colorado Wilderness Sports/
Applicant. Commissioner A. Hix declared a conflict of
interest, stated she would not participate in discussion nor
vote, and vacated the room. Applicant's Representative Paul
Kochevar reported the Applicant is proposing demolition of the
existing 1,283 sq. ft. Colorado Wilderness Sports building and
construction of a new 4,808 sq. ft. building. Elevation
drawings were presented confirming the front of the building
as one story for the retail business and the rear of the
building as two story to accommodate a climbing wall. A
ladder will be in place from the roof of the front portion of
the building to the roof of the rear portion of the building,
but will be camouflaged and inconspicuous from the street.
The position of the proposed west wall will be on the west
property line which will eliminate the existing parking on the
property. The sidewalk will extend from the Riverwalk to the
building and landscaping will coordinate with the Riverwalk.
Drainage details will be submitted to the Public Works
Director for approval. The rear entrance design has not been
finalized. The building will be expanded to the south over
the existing buried telephone service line. A new empty
telephone conduit is available to serve this property and is
located in the Riverwalk easement allowing abandonment of the
existing buried telephone line. Director_ Stamey reported
there is no parking requirement in the C-D district and noted
the existing streetscape improvements on the north side of the
building are to remain, and the Riverwalk improvements on the
south side must be modified to provide access to a new public
entrance and dumpster enclosure. This property is a
condominium ownership. Director Stamey read correspondence
submitted by Art Anderson, EPURA Executive Director, regarding
the impact on the Riverwalk area. Michelle Hurni expressed
the following concerns: visual impact on the Riverwalk, site
elevation plans were unavailable prior to the meeting, and the
decreased parking when the development will produce the need
for additional parking. Chairman Sager urged Ms. Hurni to
state her concerns regarding parking to the Town Board. It
was moved, and seconded (Thomas-Pohl) Development Plan 95-7,
Colorado Wilderness Sports, 358 E. Elkhorn Ave. be approved
continent upon the following, and it passed by the following
votes: Those voting "Yes" Commissioners Gilfillan, Pohl,
Sager, and Thomas. Those voting "No" None. Those
"Abstaining" Commissioner A. Hix:
1. Additions to the plan:
♦ Identify the project as condominium units.
♦ Indicate finish floor elevation of the building.
♦ Indicate the existing public streetscape easement
on the north side.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, June 20, 1995 - Page 7
♦ Indicate treatment of area between the Riverwalk
easement and south building wall.
♦ Accurately identify the public walkway along the
river relative to the building and the existing
easement boundary.
2. The Riverwalk entrance shall be:
♦ 8 ft. wide.
♦ Planned to avoid tree removal within the public
easement, and area restored to original condition.
♦ Limited to one walkway connection to the Riverwalk
for both dumpster access and building entry.
♦ Coordinate with the Town of Estes Park Parks
Department.
3. Drainage be designed to avoid concentrated discharge
across public walkways.
4 . Streetscape planters on the north side of the building be
protected.
5. Sanitary sewer and existing services be maintained.
6. Relocation of gas meters be carefully planned to avoid
visual impacts and conflicts with other utilities or
public walkways.
Commissioner A. Hix resumed her position on the Planning
Commission.
5.C. Amendment to Development Plan 94-9, Mountain Golf
Villas. Martin Exploration/Applicant. Applicant's
Representative Paul Kochevar reported the Applicant is
requesting a revision to the original development plan. One
unit will be converted from two-story to one-story ranch style
and ten units will be converted to ranch-style duplex units
with a reduction to one garage space per unit and additional
parking on the drive apron. Four units will be handicapped
accessible. No additional units are being proposed, and there
will be no change in the perimeter landscaping. A revised
drainage plan will be submitted. Director Stamey stated the
project is in conformance with the original density
calculation, with slightly larger building footprints and
shared driveways. This reconfiguration should not alter the
conditions of the original approval. It was moved and
seconded (Gilfillan-Hix) the Amended Development Plan,
Mountain Golf Villas, be approved, contingent upon the
following, and it passed unanimously:
1.
2 .
3 .
4 .
All conditions of original approval shall apply to the
reconfigured plan.
Grading plan and detention pond be revised, pursuant to
comments of the Public Works Department.
Driveway locations be added to the plan for Units 6, 12,
and 18.
Designations of handicapped accessible units be so
indicated on the plan.
There being no further business. Chairman Sager adjourned the
meeting at 12:48 p.m.
Tina Kuehl, Deputy Town Clerk