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HomeMy WebLinkAboutMINUTES Planning Commission 1996-05-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission May 21, 1996 Commission: Attending: Also Attending: Absent: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Chairman Sager, Commissioners Burgess, Gilfillan, Hix, Pohl, Thomas Trustee Liaison George Hix, Director Stamey, Attorney White, Secretary Botic Commissioner Brown Chairman Sager called the meeting to order at 1:32 p.m. 1. MINUTES Minutes of the April 16, 1996 meeting were approved as presented. 2. STORER RANCH 2.a. Annexation of “The Reserve Addition11 fStorer Ranch 2b. Addition^, property located in the E ^ of Section 19, T5N, R72W of the 6th P.M.. Larimer County, Colorado. ■Tanu=»R A. Welch, Martha W. Arnold. Elizabeth Welch Arrambide, Frances W. Harper, Charles A. Welch. Cinda L. Smith-Trust Officer Norwest Bank of Colorado. Gary E. Nordic. President Nordic Construction and Development, Inc./Applicant. Applicants are requesting annexation to the Town of Estes Park. Attorney White stated this was referred to the Planning Commission by the Town Board, noting that due to time requirements (e.g. advertising, notification) this item needs to be continued to the next meeting. It was moved and seconded (Burgess/Thomas) the Annexation of "The Reserve Addition" (Storer Ranch Addition) be continued to June 18, 1996, and it passed unanimously. Director Stamey reminded everyone the June 18, 1996 meeting will be at held at 9:30 am. Bob Akins, 1070 North Lane, asked how the Preliminary Plat could be considered if the annexation was postponed. Attorney White responded that the plat is preliminary and the process does allow comments being heard on the preliminary plat. Preliminary Plat - The Reserve - East of Stanley Heights^ West and North of Storer Ranch Addition, outside town limits. Nordic Construction and Development, Applicant^ Commissioner A. Hix stated she had a conflict of interest and vacated the room. Applicant's representative Bill Van Horn reviewed the proposal to subdivide 121.6 acres located in the County, presently zoned C-M and RE-1 to be subdivided into 45 lots for single family development. He noted that the presvimption is the Annexation will be approved, therefore the plat has been prepared according to Town standards. He noted the proposed zoning is E- Estate, the most restrictive of Town zoning; and that the plat will be a part of the Annexation Agreement. Some items considered for this preliminary plat were: addressing the quality of life, elk habitat and migration, surrounding neighborhoods, natural assets (trees) and amenities. The intent of the project is to provide an environmentally sensitive clustered single family residential subdivision. Commissioner Thomas expressed concerns with traffic access to Highway 34 and BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission — May 21, 1996 Page 2 asked if C.D.O.T. permission has been obtained. Mr. Van Horn stated it has not, noting highway improvements will be full turn movements, accel/decel and left turn in both directions and that it will be the developer's responsibility to incorporate with the current Highway 34 project and both Thomas and Van Horn agreed time is of the essence. Attorney White reviewed the staff report noting this is a preliminary plat proposing to subdivide 121 acres into 45 single family lots. Current zoning is RE-1 on approximately 104 acres (this is the most restrictive county zoning) and 17 acres are now zoned C. He noted an Annexation Petition has been received. Two lots at the northwest corner would be accessed from an existing public county road. The homestead guest cottages would be a legal nonconforming use, however no enlargement or expansion would be allowed. This subdivision would eliminate the existing commercial zoning along Highway 34. An exception would need to be made for the length of two cul-de-sacs. He noted some of the features are: a vehicle turnout on the southern end with an elk viewing area, easement dedicated to allow a pedestrian/bike path, a wildlife and view corridor, large lots contributing to an open area, fencing only around private areas (e.g. patios) to allow for elk movement, few trees would be removed and noted this is a down zoning request. Mr. Van Horn noted the entry way will have a landscape berm which will enhance the view from the road. He does recognize there is a large herd of elk in this area and there will be a pull-out area to reduce traffic inside the development with a suggestion of minimal type of signing to respect privacy inside the subdivision; streets will not be gated or restricted. Chairman Sager expressed concerns regarding the setbacks. Director Stamey noted that the plat did not show building setbacks, and are shown on the building permit application. Stamey noted that since several lots are being reduced to two-thirds of the basic minimum lot area requirement, that a development plan would need to be submitted with the final plat that illustrates building envelopes. Mr. Van Horn stated the building envelopes on every lot will be more restrictive than required. He also noted provisions regarding fencing and outside storage will be addressed in the covenants. Audience comments were heard from Terry Parenti, 2145 McGraw Ranch Road, President of the North End Homeowners Association. He stated owners have a right to develop their property; however, development should not be a detriment to community or the comprehensive plan. He believes that over the years developers have rarely been denied what they requested and he believes the open space should be retained and the land and open space are being destroyed. He strenuously objected to this process and requested the current process stop and this matter be referred to the regional planning commission. He encouraged the Commissioners to take a strong stance and require the developer to conform to the law. Bob Akins, 1070 North Lane, noted that when the Town annexes county-zoned land, county zoning becomes meaningless. He stated property owners objected to downzoning of their land, also to downzoning of the balance. During hearings of the Master Plan, density was a very important subject, he believes this will increase density of this land, and desires of the citizens are to reduce the density of land. He had a question regarding developing of outlots and later development. Attorney BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - May 21f 1996 Page 3 White noted the density will be controlled through the Annexation Agreement. Mr. Akins expressed concern with wildlife and suggested the Division of Wildlife (D.O.W.) review this application. Director Stamey noted Senior Planner Joseph had contact with D.O.W. and the corridor area was appropriate. Mr. Akins also had concerns with the guest cottages and urged the Planning Commission not to approve this submittal. Mr. Van Horn noted that clarification was needed whether Mr. Parenti was speaking for himself or the Homeowner's Association as today's comments were a reversal of the position he took when attending a pre-meeting/workshop. He noted Mr. Parenti was not recognizing the potential of C-Commercial county zoning; their intensity is one of the most permissive zones. The County process does not require special review or development plan, a permit is requested/issued. Mr. Van Horn noted the D.O.W. were also a part of the pre-meeting/workshop and regarding the elk, an elk corridor is being provided. He concluded by stating there is no way this proposal can be considered an increase of intensity on this property. Director Stamey read correspondence received from Ronald Kayne. In response to statements heard this date. Commissioner Gilfillan recognized there is significant emotion and concern, however, he noted in this instance the elimination of C-Commercial zoning does meet the concerns previously expressed to Planning Commission. Commissioner Burgess noted her recollection with this area and that she was very concerned with the sale of the property. However, following a site inspection she believes this is a very good development. Commissioner Burgess does not favor addition commercial development. Chairman Sager noted that the statement of intent does state that most of the existing trees will be saved, an effort has been made to identify building envelopes, and such is admirable. Chairman Sager will do his best to see that this will continue and Mr. White has agreed this will be a part of the annexation agreement. Attorney White noted the County did review this plat, and the Mountain Park plat, and is generally supportive of the two proposals. Public Works Director Linnane noted the importance to have approval by C.D.O.T., and a preliminary cost sharing agreement by May 31st. It was moved and seconded (Thomas/Gilfillan) the Preliminary Plat of The Reserve (East of Stanley Heights, West and North of Storer Ranch Addition, outside town limits) be approved with the following conditions, and it passed unanimously with one abstention. 1. Surfacing to be completed with asphalt roads. 2. C.D.O.T. access permit must be obtained by May 31, 1996 to include a cost sharing agreement. 3. The property must be included in the Northern Colorado Water Conservancy District. 4. A master drainage plan of "The Reserve" and "Mountain Park Subdivision" should be jointly prepared. 5. Stipulation that there be no fencing along lot lines. 6. Identify building envelopes on all lots. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - May 21, 1996 Page 4 7. Exception granted for length of the two cul-de-sacs to reduce interruption with the elk migration and habitat. 8. The following information to be added to the preliminary plat. 1. Delineate the corners of all adjoining subdivisions. 2. Delineate existing Town Boundaries. 3. Proposed erosion control methods be described. 4. Project phasing identified. 5. Identify Highway 34 right-of-way expansion. 6. Identify sight distances at proposed highway access. 7. Show location of entry sign and postal cluster boxes. Commissioner A. Hix resumed her position on the Commission. 2.c. Preliminary Plat, Mountain Park Sub fStorer Ranchi West of Lone Pine Acres and North of Grand Estates — within town limits. Richard H. Wille Trust/Applicant. The applicant is proposing to subdivide 35 acres presently zoned C-0 Commercial into 18 lots to be zoned R-S, 8 lots to be zoned R-M, and 4 lots to remain C-0. All of the R-S lots will be large enough to be used for duplex development. Each of the R-M lots could support a maximum of 9 dwelling units. The 4 commercial lots could support a maximum combined total of 90,250 sq. ft. of gross floor area. Mr. Van Horn addressed staff concerns with the sidewalk on Raven Circle stating there would be curb and gutter on both sides of the street and 6' wide attached sidewalk on the south side. Commissioner Pohl expressed concern with the northern 100' of commercial zoning in Lot 16, and cluster boxes not being on the plat. Mr. Van Horn stated this concern had been considered and that the economics of this project are very difficult. Mr. Wille has made an utmost attempt to minimize the density. He stated the cluster boxes are anticipated to be on Raven. Mr. Van Horn noted that Mr. Wille will be his own neighbor and he is going to have strong architectural control. Mr. Wille has turned down a commercial proposal and is cognizant of the fact that this is a mixed use. Attorney White reviewed the staff report noting all R-M lots would be subject to development plan review by the Planning Commission and C-0 lots based upon size and use. An exception would be needed for the cul-de-sac as it serves more than 12 dwelling units. Downzoning would be accomplished by this application. The proposed drainage plan is acceptable - down stream drainage facilities must be constructed as part of this development. CDOT would need to issue an access permit by May 31, 1996 and sidewalk on Raven would need to be 6'. Director Stamey noted Chairman Sager's concerns regarding adequate parking would be addressed in development plan review. Chairman Sager read a letter received from Billy B. Shoemaker, noting that his questions have already been addressed in this meeting. Audience comments were heard from Ralph Nicholas, 1660 North Ridge Lane. He had concerns with the adequacy of the cul-de-sac on Raven Court. Doug Floering, 1851 Wildfire Road, spoke stating that this proposal is unsatisfactory and the Planning Commission should wait and see what other developers may BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Conunission - May 21 f 1996 have as an idea. Page 5 Coimnissioner Pohl stated he could accept the proposal as presented with appropriate restrictions. It was moved and seconded (Pohl/A. Hix) the Preliminary Plat (Mountain Park Subdivision (Storer Ranch)f west of Lone Pine Acres and North of Grand Estates (within town limits)f be approved contingent upon the following/ and it passed unanimously; 1. Preliminary approval by CDOT by May 31, 1996 and a cost sharing agreement. 2. Dedicate a 15' wide pedestrian/bike easement dedicated along Highway 34 (path to be 10' wide, asphalt). 3. A sidewalk be constructed along Raven Circle (6' wide). 4. Rezoning be accomplished prior to approval of the Final Plat. 5. The property be included within the Northern Colorado Water Conservancy District prior to issuing any water taps. Water lines must be either 6’' looped or 8" dead end. 6. A location for a postal cluster box installation to serve this subdivision be shown on the plat. 7. Erosion control methods identified. 3. SUBDIVISIONS 3.a. Preliminary Plat, Por. Tract A, Prospect Estates Addition, Hwv. 1, West ^ mile on North side of Peakview Drive. Stephen Solomon/Cynthia Solomon Curry, Applicant. The Applicant is proposing to subdivide 66 acres into 21 lots to be restricted to single family residential use. Applicant's representative Kerry Prochaska reported that per Town zoning this area is designated R-S residential one and two family, however, this will be limited to only single family dwellings. He stated this development would be a benefit to the surrounding area as it would bring pressurized water service to this area. The existing piimp station would no longer be required resulting in lower water costs for the area. Chairman Sager questioned what type of field marking was installed. Mr. Prochaska responded there were no markers installed on site. He also reported that all lots would have building sites. Director Stamey stated that staff has visited with Mr. Prochaska and staff recommends the comments be taken from the applicant and neighbors at this meeting and this item be continued to next month so as to resolve various issues in a fair and equitable manner. Audience comments were heard from John Phipps, Attorney, representing Prospect Mountain Townhouse Association. He noted that several residents were also present at this meeting and he had three letters to submit. He reported this was an extremely difficult area to develop, it appears the lot sizes are smaller than allowed - the basic minimum lot area should not be reduced, and the street right-of-way needs to be deducted. He requested the Commission require the submittal of a development plan prior to the next meeting. He stated members of the association are also concerned with drainage as there was flooding last spring. With the construction of the roads, which will be widened at least 15', access to the lots will be very steep. Austin Condon, 1849 Ranch Circle, urged continuation of BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - May 21, 1996 Page 6 this item so that neighbors could have additional information/coraments. Laurence Paddock 470 Marcus Lane, expressed concerns with the drainage problem as he spent $15,000 due to last year's flooding problems. He noted the proposal includes drainage pipes right above his property, and urged the Commission to use caution in their decision. Public Works Director Linnane reported the entire hillside experienced problems with ground water last spring; and the developer of Prospect Mountain P.U.D. apparently had not installed trench drains or private drains. The Public Works Department inspected the site twice during off-duty hours. Hansel McCord Jr, 685 Peak View Drive, questioned the potential for development on the outlets by Devon Drive and Koral Heights. Director Stamey stated the current owner can develop four units. Mr. McCord also questioned density in such a compacted area. Director Stamey explained the density formula which applies to this subdivision which provides for adjustments for slope, water service, elevation, and open space. Roberta Kice, 565 B Devon, spoke stating she lives below the proposed area and commented on site aesthetics and how this area is viewed from the valley all of which should be considered. She encouraged the Planning Commission to consider density, green areas, and how a portion of the site has been used by children and adults for recreation. Harriet Paddock, 470 Marcus Lane, concurred with Chairman Sager's comments regarding the markings and requested visible markings. Mr. Phipps asked Director Stamey if there is a transfer for density. Mr. Stamey stated that a density transfer from the open space is proposed. Mr. Stamey also reported there are general access concerns, including rights for use of roadway, clarification is needed on Outlot B and Prospect Mountain so as to prevent land­ locked sites, the private drive should be incorporated in an outlot reserved for road purposes, density transfer needs to be clarified, the long cul-de-sac issue and roadway standards need to be examined. Mr. Prochaska stated the storm drainage plan has mitigated these issues, there is open space around the thumb area. Lot 21 is currently under negotiations to provide a conservation easement, the lot size is per the Town requirements, they are looking at a variance of the cul-de-sac and the roadway outlot is not an issue. It was moved and seconded (Burgess/ A. Hix) the Preliminary Plat, Por. Tract A, Prospect Estates Addition, Hwy. 7, West h mile on North side of Peakview Drive be continued to the June 18, 1996 and it passed unanimously. 3.b. Amended Plat. Lots 13. 14 and 15. Creekside Subdivision, Gerald E. and Patricia K. Palmer/Applicant. Mr. Palmer explained the proposal to combine three existing lots into two new lots. There were no audience comments and all other staff concerns were met and/or addressed It was moved and seconded (A. Hix/Burgess) the Amended Plat, Lots 13, 14 and 15, BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission — May 21, 1996 Page 7 Creekside Subdivision be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously. • This proposal will result in lower density. • The building envelopes be labeled. • The private drive along the north line of lot 13A be labeled. • The purpose of the 10' easement along Fish Creek Road be identified. • The existing gas line easement be shown. • Surfacing will be asphalt. • Access will be via a private drive. • Any relocation of electric facilities will be at developer's expense. 4. SUBDIVISION/DEVELOPMENT PLAN 4.a. Amended Plat. Lone Pine Acres Addition. Lots 2, 3 & w h of Lot 4, Block 2. David and Twila Fairbanks/Applicant. Applicant's representative Paul Kochevar reviewed the proposal to combine two and one-half separate lots into one, with the new lot to be used for commercial development of retail/office building with 65 parking spaces and related site improvements. Director Stamey reviewed the staff report and recommended a 15' wide utility and access easement along Lakefront Street. Following a discussion, Director Stamey stated that depending upon a determination of the location for a pedestrian/bike path, this easement request could be modified. This will be resolved prior to Town Board. It was moved and seconded (A. Hix/Thomas) the Amended Plat of Lots 2, 3 and w H of Lot 4, Block 2, Lone Pine Acres Addition be favorably recommended to the Board of Trustees, and it passed unanimously. Staff, Paul Kochevar and owners will meet at the site and determine location of the pedestrian/bike access prior to Town Board. 4.b. Development Plan 96-8. Lone Pine Acres Addition. Lots 2, 3 & w ^ of Lot 4, Block 2, David and Twila Fairbanks/Applicant. Applicant's representative Paul Kochevar reviewed the proposal to develop retail/office building with 65 parking spaces and related site improvements. Kochevar reported this would be a 13,000 sq. ft. structure with parking. Staff requested less asphalt and more open space and this recommendation has been incorporated. Surfacing will be all asphalt, the walkway will be concrete or possibly wood to match the western front. A concrete masonry unit wall is proposed along the east property line. Commissioner A. Hix complimented the landscape plan. Director Stamey reported that all staff comments have been addressed with the exception of adding a note regarding fencing. It was moved and seconded (Gilfillan/Burgess) Development Plan #96—8 be approved contingent upon the following conditions, and it passed unanimously. 1. Provide handicap access to the building. 2. Outside storage will not be allowed. 3. Restriction of daily use of loading dock. 4. Exterior lighting be shown. 5. Fence to surround diimpster and loading area. 6. All site improvements are to be constructed/ installed prior to issuance of C-O or guaranteed with an improvement guarantee. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - May 21, 1996 5. DEVELOPMENT PLANS Page 8 5.a. Amended Development Plan 94-9. Mountain Golf Villas Subdivision. Block 2, Martin Exploration/Applicant. Applicant's representative Paul Kochevar reviewed the proposal to revise the configuration of dwelling units. Staff requested the electrical layout to the plan be added. Staff met with Mr. Kochevar and a second sheet to the plat will be submitted showing utility "as builts". 6. Commissioner Pohl asked if necessary land dedications and vacations for roadways have been completed. Attorney White noted this has been completed. In response to Chairman Sager's concerns regarding dead trees, Mr. Kochevar stated re-planting of trees will be an ongoing process. There being no further discussion it was moved and seconded (Pohl/Burgess) Amended Development Plan 94-9 be approved contingent upon the following condition and it passed unanimously. 1. Electrical layout be added to the plan. 5. b. Development Plan 96-9. Schroeder Subdivision/Portion of Grand Estates Subdivision. Lot 1. Dr. Wayman R. Spence/Applicant. Applicant's representative Paul Kochevar explained the proposal to convert the Villager Restaurant to a private athletic club which will modify the interior, change the kitchen, add lockers, flooring, and add a handball court. This does not meet all of the current code requirements due to phased pre-existing development. The resulting traffic will be less than the previous restaurant business. Owners are aware of a natural gas line which will be worked around or possibly relocated. Owner will add additional parking if a need is determined at a future date. There being no further discussion it was moved and seconded (Burgess/A. Hix) Development Plan 96-9 be approved and it passed unanimously. COUNTY REFERRALS 6. a. Unfinished Old Business; Broadview Sub. Replat Lots 26 & 27. Van Horn Engineering/Applicant. Applicant Van Horn stated this proposal had been considered by the Commission before, however, he was unaware of the meeting and was absent. The purpose of this proposal is for family division and they have received written support of 100% of the subdivision. Positive aspects include improved fire protection in the area and the establishment of a road association which 19 of 20 people have agreed to. For the past 70 years the road has not been maintained; it is now improved. The Road Association is a formal board and managed by a board of directors. Regarding the signatures on the petitions, Mr. Van Horn noted that there were 9 sets of petitions, and duplication was due to faxing, mailing and original signatures. He was confident that all were signed appropriately. Audience comments were heard from Austin Condon, 1849 Ranch Circle. He noted the obvious benefits and requested consideration that current owners are not always future owners. Commissioner Thomas expressed concern that two lot splits have been forwarded to the Commission as one item. Mr. Van Horn clarified the County's procedure which will BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission — May 21f 1996 Page 9 result in one additional plat of record rather than a piece meal submittal. There being no further discussion, it was moved and seconded to recommend approval to Replat Lots 26 and 27, Broadview Subdivision to Larimer County and it passed by the following votes; Those voting "Yes", Commissioners Burgess, Gilfillan, A. Hix, and Pohl. Those voting "No" Commissioner Thomas. 7. 6.b. New Business: Rezonina Ferguson Subdivision. Lots 8. 9, and 12 and that portion of Lots 7. and 10 that are on the West side of the right-of—wav of Marys Lake Road all in Block 12, Philip/Christine Switzer/Applicant. The reguest is to rezone 1.8 acres (3 lots) from A-Accommodations to B-Business to allow a 1,980 sq.ft, retail store and catalog sales operation of alpaca fiber products in conjunction with an exiting alpaca farm on adjacent property. Applicant's representative Kochevar reviewed the County process, noting this is at the first stage of the County process. The owner will meet with the County staff, and receive input from the local Planning Commission to determine if the owner desires pursuing the proposal. The owner is in the alpaca business and would like to expand the use out of his home into a retail sales/catalog sales. Business parking needs would be somewhat limited as public access would only be to the first floor. He noted Assistant Town Administrator Widmer's assessment of the neighborhood is correct. Commissioner A. Hix inquired what uses are allowed under B, Business. Mr. Kochevar responded that specific zoning is by specific site plan and specific use. Commissioner Thomas inquired when adjoining property owners would be notified of the proposal as the Switzers own most of the surrounding property. Mr. Kochevar advised notification would take place in the next phase. Commissioner A. Hix noted that Bob Bemiss is an adjacent neighbor and he is aware of this and is opposed. Audience comments were heard from Austin Condon, 1849 Ranch Circle, member of the Estes Valley Improvement Association. EVIA has been contacted by neighbors who say this is spot zoning and development is not good for the Town or County. This type of business in this type of location is inconsistent with the neighborhood and he would ask the recommendation be denied. Being no further discussion, it was moved and seconded (A. Hix/Pohl) to recommend denial of the rezoning in the Ferguson Subdivision on the west side of Marys Lake Road (County Road 67), and about H mile south of US 36 to Larimer County as the Planning Commission views this proposal as "spot rezoning" which is not consistent with the neighborhood, and does not match the proposed Comprehensive Plan for the future and it passed unanimously. REPORTS 1. The Planning Commission will resume its summer meeting schedule in June, therefore, the meeting time for June through September will be: 8:00 a.m. study session, public meeting 9:30 a.m. * BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission — May 21, 1996 Page 10 2. There will be an APA Workshop for Planning Commissioners in Denver. Commissioner Thomas expressed interest in attending. There being no further business, Chairman Sager adjourned the meeting at 5:00 p.m. Roxanne S. Botic, Recording Secretary