HomeMy WebLinkAboutMINUTES Planning Commission 1995-07-18BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
July 18, 1995
Commission:
Attending:
Also Attending:
Absent:
Chairman Sager, Commissioners Mark Brown,
Harriet Burgess, John Gilfillan, Alma Hix,
Edward Pohl and David Thomas
Chairman Sager, Commissioners Brown, Burgess,
Pohl and Thomas
Community Development Director Stamey, Senior
Planner Joseph, Clerk O'Connor
Commissioners Gilfillan
Trustee/Liaison Dekker
and A.Hix,
Chairman Sager called the meeting to order at 9:30 A.M.
1. MINUTES.
It was moved and seconded (Pohl/Burgess) the minutes of the
June 20, 1995 meeting be amended by striking the following,
and it passed by the following votes: Those voting "Yes"
Commissioners Burgess, Pohl, Sager and Thomas. Those voting
"No" none. Those "Abstaining" Commissioner Brown: Item #5A,
Amendment to Development Plan #94-2, Lester Schmidt/Applicant;
Representative Kochevar stated that the Applicant was advised
in April that although his actions were not approved by the
Planning Commission^mma (,) insert a period (.) the Applicant
did meet zoning ordinance requirements and that-the Planning
Gommisoi-on would have no—^risdiotion—ever these—changes ■
Gemmiosioncr Pohl requeotod the Town Attorney give an opinion
on this statement.
Director Stamey recognized Dennis Gordon, Director of the Allen
County, Indiana Planning Department to the meeting.
Sager recited the "rules of conduct" for the benefit of ail tnose m attendance.
2. DEVELOPMENT PLANS.
ITM,.DeVel0pment Plan /(l95~8' Tract 19- Beaver Point- M^ion, A-1 Trash service, Inc./Applicant. Thic:
plan proposes considerable excavation to prepare the site for
0f ^WO bui;!-dings (7,200 sq. ft. total), to house
equipment, repair vehicles, store vehicles, and conduct
°Pera'!:^ons .for A~1 Trash Service. The balance of
the developed site will be used for employee parking and
eK^e?1°r 4-Stwrage* .The n°rtherly building (4,000 sq.gft.)
roi?? 1S t.° the first building constructed to house vehicle
Kt0^agJfv(-eqUipinent storage/ and an office. site work IS to begin this fall.
Paul Kochevar, Applicant's Representative, noted that the
Applicant IS in need of an improved site with additional
San6 subm1]?^^^111 Si-te haS- been selected and development
P.ai? subl^lbbad. The impervious coverage exceeds the 4 0%
and thls portion will be submitted by Special Review to
the Town Board. A colored map detailed the major features
which includes two buildings, compacted gravel area, asphalt
surface and undisturbed surface. The site is fairly steep for
the size of development, and the northwest corner, adjacent to
the storage area, will incur a high cut bank. The bank will
he stabilized for no erosion; trees will help shield the site,
and, with the addition of 40 new shrubs, the Applicant will
meet landscaping requirements. Some vehicles will be kept
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Planning Commission - July 18, 1995 - Page 2
indoors (daily use). Large roll-offs, portable toilets, and
dumpsters will be stored outside. The Applicant does not
intend to store refuse outside.
Commissioner questions included; location of outside vehicle
storage. Mr. Kochevar confirmed that the Applicant employs
approximately 20 people and that is it uncertain how many
vehicles will be parked on the compacted gravel areas. In
addition, most vehicles will be washed indoors, and the water
will be directed into a detention pond. The Applicant has not
yet completed design of the entire system with regard to a
cleanup method to capture sand and other debris during
interior vehicle washing. Mr. Kochevar was unable to clarify
how vehicle cleanup measures occur at the present site, as the
Applicant was not in attendance at the meeting. Commissioner
Brown stated that the site is appropriate for such
development; however, the Commission has an obligation to
ensure that the treatment of material is being properly
managed, which may include EPA regulations. With regard to
parking concerns, staff confirmed that ten or more vehicles
activates the paved parking requirements. Twenty-three
parking spaces east of the buildings are proposed to be paved.
The storage area west of the buildings is proposed as a
compacted gravel surface. The Commission may authorize an
appropriate alternative surface for seasonal or periodic use,
ie. a gravel surface. Mr. Kochevar also confirmed that A-1
Trash is aware of and manages hazardous waste materials on a
daily basis; and, if the Commission so desires, a note could
be placed on the plan requiring any effluent from washing
vehicles to be seized and placed into the sewer system—if the
Owners are able to prove why this requirement should not be
attached to the plan, they could return to the Commission
seeking further consideration. Applicant's representative
also confirmed that the business will expand with the growth
of the community and that it is increasingly more difficult to
e<3uipment and employee vehicles at the current site.
Benior Planner Joseph commented on the 47% impervious coverage
whereby approval must be obtained from the Town Board, and
staff recommendations 1 through 3 have been addressed
with submittal of the revised plan. Correspondence was
received from Dave & Linda Knecht, adjacent property owners,
who expressed their opposition to this development as they may
be able to view a portion or all of the development from their
home, plus concerns with noise, odor, and erosion problems.
In a conversation with Mr. and Mrs. Knecht, staff confirmed
that the cut bank will intersect with existing gullies and
natural swale and cause erosion uphill. This situation could
a;|;leY:i;ated the Applicant stabilizing the cut bank—it is
the Applicant's responsibility for such stabilization.
Audience comments were heard from Jane Moran, 745 Meadow
Circle (can view the development along the left side as her
house IS very close; requested the 25' setback for storage be
extended to a 50' buffer; existing trees be maintained; and
concerns with drainage, and noise and odor pollution. Norm
Siige, owner of the site, commented on a deed restriction as
contained in the contract with the Applicant whereby a
restricted area, 120' north along Elm Road and 180' west, be
retained as a green area for a term of 20 years. Mr. Siige
intended a perpetual restriction for a buffer area of natural
rock and trees. Mr. Siige has no objection to a detention
pond as long as the trees and rocks remain in tact; a route
CJ2-. defined f°r the sewer easement; and he opposes any
effluent being directed into the detention pond, it should be
collected into the sewer line. Mr. Siige also commented that.
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Planning commission - July 18, 1995 - Page 3
as indicated on the plan, a portion of the paved parking area
would fall into the restricted area. Mr. Kochevar confirmed
that the document is a contract to purchase the property and
that the Applicant does not have the same understanding of the
setback. The contract has been executed; however, closing has
not yet taken place. If the restriction affects the parking
area, there is sufficient space in which to relocate said
parking without a significant change to the plan. Staff added
that Mr. Silge still has an opportunity to modify or withdraw
the contract—the Planning Commission cannot interpret the
sale^ document between the two private parties. Robert
Williams, Lot 15, Park Entrance Estates, reiterated Ms.
Moran's statements, adding his concerns on drainage
(additional research is required with regard to Sunrise Lane),
decreased property values, and the portable toilets should be
placed under cover. A letter of opposition from Dave and
Linda Knecht was also acknowledged.
Noting that the proposal is consistent with zoning, and
historic uses, it was moved and seconded (Brown/Sager)
Development Plan #95-8 for Tract 19, Beaver Point, Second
Addition be approved contingent upon the following, and it
passed by the following votes: Those voting "Yes"
Commissioners Brown, Pohl, Sager and Thomas. Those voting "No"
Commissioner Burgess. Those "Abstaining", None.
1. Indicate those areas to remain undisturbed to meet
the planting and outdoor storage screening
requirements.
2. Identify those areas to be used for outdoor
storage.
3
4,
Identify those areas to be paved with asphalt.
Add a note to the plan that the washing facility
will be installed with properly trapping of the
effluent into the sewer main (meeting UTSD
standards).
Recommend the Town Board approve the 47.2%
impervious coverage.
Owner to submit proof that the land is included in
the Northern Colorado Water Conservancy District.
The crosspan be adjusted to collect curb drainage.
The Applicant stabilize the western parking area
following construction to ensure upstream erosion not occur.
Asphalt be replaced with a 4" thickness at Elm Road
to duplicate existing road thickness.
The Applicant replace any damaged curbing.
Resolution of the parking area in the restricted
area (as set forth in the sales contract).
Items 1 - 11 to be resolved prior to Town Board approval.
Mr. Kochevar win discuss the possibility of the Applicant's
willingness to install a corrugated metal enclosure.
7,
8.
10,
11.
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Planning Commission - July 18, 1995 - Page 4
SUBDIVISIONS.
3.A. Amended Plat of Lot 1, Stanley Meadows Addition, Town of
Estes Park/Applicant. Acting upon the Applicant's request, it
was moved and seconded (Brown/Thomas) the Amended Plat be
continued to August 15, 1995, and it passed unanimously.
3.B. Amended Plat of Lot 2. James Subdivision. Tad & Dean
Wariner/Applicant. This request is to divide one existing
five acre lot into two lots. The lots would utilize a shared
access. Representative Van Horn confirmed that the Applicant
is aware that this proposal will eliminate the bed and
breakfast and maintenance of horses uses previously approved
on this site.
Director Stamey reviewed the staff report, which included a
comment requesting a building envelope be identified to ensure
development does not require significant cut and fill and
would be in compliance with setback requirements.
As there were no comments from the audience, it was moved and
seconded (Thomas/Burgess) the Amended Plat of Lot 2, James
Subdivision be favorably recommended to the Board of Trustees
contingent upon the following, and it passed unanimously:
2.
3.
4.
5.
6.
7.
8.
Plat information.
Confirmation of utility service
Both lots be connected to UTSD and Town water.
Add access maintenance agreement note.
The bed and breakfast and horse maintenance uses
are eliminated with approval of this amended plat.
The building envelope be identified on the plat.
Owner to submit proof that the land is included in
the Northern Colorado Water Conservancy District.
Delete the boundary adjustment statement on the
plat.
9. Acquire a CDOT Access Permit.
3.C. Amended Plat of Lots 8 and 9, Arapaho Meadows. Phase I,
Mary—Ann_Kundtz /Applicant. This submittal is the second
request to adjust the interior lot line between these two
lots. In 1986, Arapaho Meadows was approved as a Planned Unit
Development. Flexibility in lot size was allowed under this
process due to setting aside 30% open space. The original Lot
9 was 0.71 Acres, and this request does not increase density.
Applicant's Representative Van Horn confirmed that the
Applicant had no objection to staff's recommendations.
There were no comments from the audience, and it was moved and
seconded (Burgess/Pohl) the Amended Plat of Lots 8A and 9A,
Arapaho Meadows Subdivision, Phase I be favorably recommended
to the Town Board contingent upon the following, and it passed
unanimously:
1. Graphically clarify non-build area on Lot 8B.
2. Add dimension and label utility easement.
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Planning Commission - July 18, 1995 - Page 5
3. Add a note vacating the former drainage and utility
easement.
3.D. Preliminary Plat of Mountain Park Subdivision (Storer
Ranch), Richard Wille and Jim Wehr/Applicant. This plat
proposes creation of 10 lots for commercial development. Two
outlots are proposed for future development. The commercial
lots and right-of-way comprise approximately 15 acres.
Bill Van Horn, Applicant's Representative, noted that the site
is currently zoned C-0 Commercial; a rezoning petition is
being submitted for the two outlots (from Commercial to R. M.
Residential zoning) to alleviate fears of what will be
allowed.
Director Stamey reviewed the staff report: the ten commercial
lots total 11.58 acres which, at a 25% floor area ratio, could
translate into a theoretical 126,106 sg. ft. of commercial
space, and 2 residential lots for future development. In
order to adequately evaluate this proposal, it would be
preferable if a street, lot, and density concept were provided
for the entire 35 acres.
Representative Van Horn stated that Rich Wille is the owner
and developer of the two residential outlots and a preliminary
plat for that portion is unavailable. An independent traffic
analysis is being prepared for CDOT. Traffic criteria for
intersection purposes is being prepared at "maximum" for the
35-acre parcel only. Residential density calculations will
meet Code and details will be resolved with staff.
The Applicant intends to institute strict covenants on the
commercial portion, and the covenants will be submitted with
the development plan. An Architectural Review Committee will
be established and broad design standards will be applied on
what will and will not be allowed. Uses include service and
professional orientation, not industrial uses. The covenants
will be submitted with the final plat.
Drainage will be released at the historic rate, and the
Applicant is proposing approximately 12-15 separate detention
ponds with all the water from said ponds discharging onto
Raven Ave. In Mr. Van Horn's opinion, if the water is
dispensed on an individual lot basis, drainage amounts will be
less as it will be distributed at several points; however, the
water will still release at one point off-site. Relative to
drainage, the owner will not take responsibility for what has
occurred in the past on this site, nor with the property to
the east.
The Applicant held a neighborhood meeting to discuss the
proposal, and Mr. Van Horn confirmed that as the site is very
visual, facade treatments will not only be considered for the
front entrance.
Access. In preliminary discussions with the Storer Ranch
owners, there will be an additional highway entrance, plus a
general loop through the property, with connection to this
project—one road with two outlets, one located at the highway
and one located at the project at Raven Ave. Although
speculative at this time, it is reasonable to assume that the
rear portion of the property will be residential. In
addition, Mr. Van Horn stated that the Applicant was unable,
at this time, to commit to a connection at the western
property line.
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Planning Commission - July 18, 1995 - Page 6
Public testimony was heard from: Ralph Nicholas,
Chairman/Concerned Property Owners of Lone Pine Acres, which
in summary expressed opposition for "piecemeal" development
relative and/or in violation to the Comprehensive Plan,
reviewed his letter dated July 17 which included suggested
covenants for the proposed subdivision. Mr. Nicholas also
read a letter (unsigned) stating the site should be designed
as a whole, the frontage road should be continued the full
length of the ranch property, include single-family, single
story homes, elk habitat should be protected, potential
increased traffic congestion, and large lots serve as open
space. Terry Perenti, President/North End Property Owners &
Estes Valley Council Member—opposes piecemeal development,
and expressed concern with view corridors, the Commission's
responsibility to adhere to the Comprehensive Plan, the
remaining portion of Storer Ranch will be developed in the
future, and it will be greatly impacted by what occurs with
this development, and drainage concerns. Ron Harvey, 1830
North Ridge Ln.—single-family development should be continued
beyond Storer Ranch; drainage concerns and an already existing
drainage problem on the western edge of Raven Ave.; and
encouraged implementation of the covenants as mentioned above
which should be placed on the final plat. Austin Condon, 1849
Ranch Cir.—encouraged strict compliance with the Master Plan,
and opposes piecemeal development. Carol Prince, 1720 High
Pine Dr.—questioned why this project, at 20,000 sq. ft.,
larger than any existing commercial development (with the
exception of hotels) is being proposed in a quiet residential
area. Edwina Lindgren, 1776 Olympian Ln.—access has not been
addressed; is opposed to Raven Ave. becoming an access for
this development. Ted Shanks, who stated that he represents
50% of the developers of Lone Pine Acres—briefed the
Commission on Lone Pines' annexation history relative to the
frontage road and the Town's commitment to extend the road to
the Ranch; installation/payment of electric and water lines;
a 75' strip of land which was to be developed as a street
which has now been paved and where two fire plugs have been
installed. Mr. Shanks urged the Committee to honor the
commitments made by prior boards.
Public Works Director Linnane expressed concern with drainage
relative to the proposed 12-15 detention ponds, off-site
drainage directly west of the existing apartment complex and
to the southeast; preference for a regional or culvert system
in lieu of 12-15 detention ponds as the potential for failure
is approximately 12-15 times greater with multiple ponds;
potential Town liability due to system failure; potential of
drainage calculation errors is approximately 12-15 times
greater; and future maintenance concerns.
Chairman Sager noted that the aforementioned concerns must be
resolved prior to any decision being considered by the
Planning Commission.
Mr. Van Horn reported that with existing commercial zoning,
the developer has, by right, authority to construct a 16,000
sq. ft. building. By choice and effort to appease the
neighborhood, the owner could submit a Master Plan for the
entire piece of land; however, the neighborhood must recognize
the right of the property owner. Earl Pearsley, 1776 Olympian
Lane advised that the reference to apartments, are in fact 18
condominiums. In general, Ron Harvey, confirmed that the
property owners are agreeable to commercial development to the
west; however, the distance of development into the property
remains a question.
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Planning Commission - July 18, 1995 - Page 7
Due to the number of unresolved issues yet to be clarified, it
was moved and seconded (Brown/Burgess) the Preliminary Plat
of Mountain Park Subdivision be continued to August 15, 1995,
and it passed unanimously. Commissioner Brown noted that he
will not support the proposal without a westerly connection.
3.E. Final Plat of Grey Fox Estates at Cedar Ridge, Second
Filing, Richard & Ann Barlow/Applicant. The Applicant is
proposing to subdivide the site into 13 lots for single-family
development. Due to the number of unresolved issues, this
plat was continued from the June 20 meeting. Bill Van Horn,
Applicant's Representative, reviewed the staff comments, and
Kevin Fry/Van Horn Engineering, confirmed that a CDOT Access
Permit has been applied for and the Company received a letter
in June. Staff confirmed that construction plans have been
submitted and approved and the modification to the roadway has
been resolved. There being no public comments, it was moved
and seconded (Brown/Thomas) the Pinal Plat of Grey Pox Estates
at Cedar Ridge, Second Piling be favorably recommended to the
Board of Trustees, contingent upon the following to be
completed prior to Town Board approval, and it passed
unanimously:
1. Plat Information.
• Show wetlands.
• Show existing structures and add a note that
the structure on Lot 28 will be removed within
two years.
• Label easements that diagonally cross Lots 25,
29 and 30; and Lots 28 and 27, and provide
dimension.
Add to Note 1:
26 and 29.
This affects Lots 22, 23, 25,
• Indicate purpose of cul-de-sac on Exception
Tract 2 and Lot 19.
• Modify dedication and lienholder statements as
set forth in Town Attorney White's letter of
June 5, 1995.
Easements.
• Note 4 to read: "An easement for snow fencing
is granted for public use within 100 feet...
• Note 5 to read: "All lots have 10 foot utility
easements on all lot lines unless otherwise
indicated."
• Add drainage easements to the plat.
• Add a note to the plat that maintenance of the
drainage facilities is the responsibility of
the Homeowner's Association, or each lot owner
if there is not an association.
• Label the perimeter easement 20 feet wide.
Access.
• The 3 0 foot utility and access easement on
Lots 20 and 21 should not be vacated unless
agreed to by Exception Tract 2.
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Planning Commission - July 18, 1995 - Page 8
• The book and page for this access easement be
labeled.
Construction Plans.
• Modifications be made to roadway design as it
relates to drainage.
• All construction plans be approved prior to
final plat approval, and prior to any
construction.
• Sanitary sewer construction plans be approved
by UTSD.
• All cut and fill slopes be stabilized by
either re-seeding or use of retaining walls.
Improvements.
• All improvements be installed or guaranteed
prior to Town Board approval.
Other.
• A note be placed on the plat stating: _ "All
structures should be constructed with a
footage perimeter drain."
Acquire a COOT Access Permit.
Following completion of all agenda items. Planner Gordon commended
the Planning Commission on all improvements made since 1984.
Chairman Sager adjourned the meeting at 12:46 P.M.
________________
Vickie O'Connor, CMC/AAE, Town Clerk