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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 BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS 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