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HomeMy WebLinkAboutMINUTES Planning Commission 1996-09-17BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission September 17, 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 Gilfillan, Pohl, Thomas Director Stamey, Secretary Botic Burgess, Senior Planner Joseph, Trustee Liaison George Hix, Attorney White, Commissioner Brown and A. Hix Chairman Sager called the meeting to order at 9:30 a.m. 1. MINUTES Minutes of the August 20, 1996 meeting were approved as presented. Commissioner Pohl commended Secretary Botic's work on the minutes. 2.REZONING 2.a. Lots 1-4. 7-50. 7B - 16B, Buenna Vista Terrace Subdivision. Lots 1 and 2. Schuster Subdivision. Lots 1 and 2 Hess Subdivision. Buenna Vista Terrace Subdivision Property Owners/Applicant. This is a request to rezone Buenna Vista Terrace Subdivision from R-S Residential to E-Estate. Gerald Mayo, 265 Lookout Street, stated he bought his home in a 'residential area' and since this rezoning request began, another B&B has been added to the area and there is a proposal for a duplex. He provided the following results of neighborhood petitions and a colored map reflecting the following information for the rezoning request: Yes No No opinion/ Unable to locate 47 7 5 59 80% 12% __8% 100% Mr. Mayo emphasized that an overwhelming majority are in favor of the Petition. Chairman Sager stated he met with Staff on September 16, 1996 and at that time there was no new information regarding this Petition to Rezone; he regretted receiving the new information at such a late time. Mr. Mayo stated he had no objection to continuing the Commission's decision in order to review the new information. Commissioner Thomas stated it was the purpose of the Commission to be fair to both sides and noted when he received his notebook on September 13, 1996, there was no information in the section for this item. At the Study Session he was given letters of objection and new signed Petitions. At this meeting Mr. Mayo submitted the colored map and results. Mr. Mayo apologized for the tardiness of new information. Audience comments in favor of the Rezoning were heard from Judy Lamy, Rock Ridge Road and Susie Mayo, 265 Lookout Street. Mary Baurer, 251 Mountain View Lane, (Mirabell Division) submitted a letter and also spoke stating she would like to retain her home as a duplex and be grandfathered if the Rezoning is approved. No opposing comments were heard from the audience. Commissioner Pohl expressed his support of Commissioner Thomas' earlier comments and stated he had not time to review the new information and requires additional information. Stating he hoped the Commission would not receive late information again, he made the following BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - September 11, 1996 Page 2 motion. It was moved and seconded (Pohl/Thomas) Lots 1— 4, ISO, 7B — 16B, Buenna Vista Terrace Subdivision^ Lots 1 and 2, Schuster Subdivision, Lots 1 and 2 Hess Subdivision, be continued to the October 24, 1996 meeting, and it passed unanimously. Director Stamey clarified that new information would need to be submitted by Wednesday, October 16, 1996, to be included in the Commissioner's notebooks. 3. SUBDIVISIONS 3.a. Amended Plat, Lots 1 and 2, Hess Subdivision. Alice M. Hess/ Applicant. This request is for a boundary adjustment between two existing lots. Applicant's representative, Paul Kochevar, stated the existing home was built in the 1920's. A meeting is planned with the Applicant and the E.P.S.D. Drainage easements will be added as recommended by Staff. He stated the wetlands will be identified; there are no plans to build on the wetlands and the Plat meets the Municipal Code requirements. Senior Planner Joseph reviewed the Staff report and stated the original plat bearing basis needed to be added and that approval of this Amended Plat does not in any way establish rights or grandfather status for the stated intended future use of the lots (duplex/garage apartments). Mr. Joseph stated correspondence opposing this request has been received from R. B. Sunderland, 220 Davis Street; Ralph and Patricia Guild, 260 Davis Street; Susan J. Grant, 247 Davis Street; and Carolyn Kilgore, 231 Davis Street. He noted the opposition was due to the Applicant's stated intent of a duplex on the property. Audience comments opposing this request were heard from Ralph Guild, 260 Davis Street (drainage and the sewer easement going through bedrock which would be the same level as his house line), Gerald Mayo, 265 Lookout Street, (the lot is nonconforming and the Applicant does not maintain his existing property). Mr. Joseph stated no information has been received on a garage and it would be possible for the Applicant to have an accessory dwelling unit on either lot with or without the Lot line adjustment. Mr. Mayo requested the intent be given consideration and requested the request be continued until the Buenna Vista rezoning Petition is resolved. Judy Lamy, Rock Ridge Road, questioned why land and buildings were not being considered jointly. Mr. Joseph stated the request was only for a boundary adjustment; when application is submitted for a Building Permit, uses conforming to existing regulations will be required. Commissioner Thomas stated the letters received on this request were also received in an untimely manner. It was moved and seconded (Thomas/Gilfillan) Amended Plat, Lots 1 and 2, Hess Subdivision be continued to the October 24, 1996 meeting, and it passed unanimously. 3.b. Amended Plat. Portion Lot 8. Town of Estes Park, Bruce Meisinaer/Applicant. This request is to define the public right-of-way for Big Horn Drive. Applicant's representative, Kerry Prochaska, stated the 1909 and 1910 plats lacked sufficient information on this area. The Applicant will add the 10' perimeter utility easement to the Amended Plat as requested by E.P.S.D. and will work with Public Works on a drainage easement. Senior Planner Joseph reviewed the Staff report noting this request which has come via the Board of Adjustment as the Applicant would like to erect a garage. He concurred BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Conunission - September 11, 1996 Page 3 with Mr. Linnane's request that future building permits will require drainage flow to be contained within a 5' easement along the west property line. It was moved and seconded (Burgess/Thomas) the Amended Plat, Portion Lot 8, Town of Estes Park be favorably recommended to the Board of Trustees contingent upon the following conditions, and it passed unanimously. • The Amended Plat be revised to graphically delineate that portion of the street right-of-way which has previously been included within the legal description of the property. This area to be labeled as an area to be dedicated as public street right-of-way, and the dedication statement be revised accordingly. The horizontal geometry of the Big Horn Drive right-of-way was not included on the original 1909 and 1910 Plats. Therefore, the proposed right-of-way geometry at the northeast corner of the lot was added. A note explaining this situation to be added to the Amended Plat. • Property owner to provide 10' utility easement and added to the Amended Plat to be modified as it intersects with the house. • A 5' minimum drainage easement be modified as it intersects with the house. • Prior to issuance of a Building Permit, the Applicant must submit a drainage plan for this site. 3.c. Amended Plat, Tracts 4 & 5. Beaver Point Second Addition. Gary Mitchell/Applicant. It was moved and seconded (Pohl/Burgess) Amended Plat, Tracts 4 & 5, Beaver Point Second Addition be continued to the October 24, 1996 meeting, and it passed unanimously. DEVELOPMENT PLAN 4.a. Development Plan 96-12. Tracts 4 & 5. Beaver Point Second Addition. Gary Mitchell/Applicant. It was moved and seconded (Thomas/Burgess) Development Plan 96-12, Tracts 4 & 5, Beaver Point Second Addition be continued to the October 24, 1996 meeting, and it passed unanimously. 4.b. Amended Development Plan 92-1. Timberlane Lodge, Tract 1, Beaver Point. Second Addition. Curtis Thompson/Applicant. Director Stamey reviewed this request to modify Development Phasing to include constructing Units B-5 and B-6 during or before 1998 rather than the phasing date of 1996 as shown on the Amended Development Plan. Mr. Stamey stated this will not cause any change in the project completion date of 1998; this is an internal scheduling construction change. It was moved and seconded (Thomas/Pohl) Amended Development Plan 92-1, Timberlane Lodge, Tract 1, Beaver Point, Second Addition, be approved to modify the construction of Units B-5 and B-6 to be during or before 1998, and it passed unanimously. 4.C. Modification of Development Plan for Special Review 96—4, Lone Tree Village. Lot 5. Manford Addition. Simpson Housing/Applicant. This request is to modify one building footprint from 2 bedrooms to 3 bedrooms. Senior Planner Joseph explained this modification will fulfill the requirement for additional handicap adaptable units BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - September 11, 1996 Page 4 6. in this project. The modification to the site plan will increase the building square footage by 400 square feet and will still meet all parking and setback requirements. This will not significantly change the project's density design or appearance as a result of this modification. Audience comments were heard from Judy Lamy, Rock Ridge Road. As an Occupational Therapist, she expressed her admiration for this project with respect to the handicap adaptable units. It was moved and seconded (Burgess/Thomas) Development Plan for Special Review 96-4 , Lone Tree Village, Lot 5, Manford Addition be approved to modify one building footprint from 2 bedrooms to 3 bedrooms, and it passed unanimously. COUNTY REFERRAL 5. a. Willow Ridge PUD, NW h 02-04-73; SW of Marvs Lake Road. about H of a mile from County Road 65. NW of Marvs Lake. Crystal Creek Development/Applicant. This is a request to divide 16.5 acres into 8 lots for single family residences with 6 acres of open space with lot sizes ranging from .68 acres to 1.4 acres. Applicant's representative Paul Kochevar stated the Applicant has requested a variance for this to be considered a PUD as a PUD requires 20 acres. This request is a Concept Plan which will come before the Planning Commission with revisions at a later time. The County has requested the access point be moved due to the poor site distance of Ramshorn, Kerr Road at Marys Lake Road. The wetlands have recently been mapped and although they are not regulatory areas, the goal is to preseirve them. Chairman Sager requested Mr. Kochevar identify and preserve the large rock outcropping on the property. Commissioner Thomas requested the intersection be realigned for safety reasons. Mr. Kochevar stated the swale on the north side of the property would be a no-build area. Chairman Sager concurred with Mr. Joseph's Staff report which requests the County's consideration of the following points as part of the Concept Technical Review Process. • Dedication of public right-of-way for Kerr Road and Rams Horn Road with this plat. • Dedication of a drainage easement through Lots 7 and 8 for the existing swale. • Minimize loss of wetlands due to construction of homes and driveways. • Analysis of existing and future access to neighboring properties to determine if an extension of public right-of-way through the site is needed. Staff will forward the above comments to Larimer County. REPORTS 6. a.Chairman Sager announced the October Planning Commission Meeting will be Thursday, October 24, 1996 at 1:30 p.m. 6.b. On September 23, 1996 at 3:00 p.m. in Room 103, Malcolm Murray will speak. Mr. Murray was the principal lawyer for Boulder County in the Boulder County vs. Jafay case which upheld Boulder County's right to enforce zoning regulations that conform with Boulder County's Comprehensive Plan. There being no further business. Chairman Sager adjourned the meeting at 10:47 p.m. / /C? ^ ^__________________ Roxanne S. Botic, Recording Secretary