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HomeMy WebLinkAboutMINUTES Planning Commission 1996-11-19BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission November 19, 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, A. Hix, Pohl, Thomas Trustee Liaison G. Hix, Director Stamey, Senior Planner Joseph, Secretary Botic Commissioner Brown Chairman Sager called the meeting to order at 1:30 p.m. MINUTES Minutes of the October 24, 1996 meeting were approved as presented. 2. SPECIAL REVIEW 2.a. SPECIAL REVIEW 96-6, Estes Park Bank Carillon. 363 E. Elkhorn Avenue. Estes Park Bank/Applleant. This is a request to play music over the carillon four times a day on a minimum volume setting. Chairman Sager declared the Public Hearing open and read the Rules of Conduct. Applicant's representative, Sally Anderson, responded to the staff report. Applicant believes a precedent has been set (Water Wheel - West Elkhorn) and that the carillon would add to the ambience of our Town like the church towers of Europe. Anderson emphasized the difference between chimes and music and the enjoyment for those listening. Duration of the carillon would be one song, four times a day on minimum volume, a duration of 1 to IH minutes. She noted Applicant is open to a trial period. Director Stamey reviewed the staff report expressing concern for precedence resulting in a proliferation of similar requests, concerns with competing noise, the effect on nearby properties and recommended denial of this request. Director Stamey noted that in the C-D District, no sound shall be observable without instrument more than forty feet from the premises, except as approved through Special Review. Audience comments in favor were heard from John Hazlitt, 325 Park View Drive who lives approximately h mile from the Bank. John was also speaking for his wife, Jo Hazlitt, and the following neighbors: Sam/Dorothy Savory - 319 Park View Lane and John/Shirley Baudek - 355 Park View Drive. Previously Mr. and Mrs. Hazlitt have enjoyed the chimes and would approve additional times to this proposal. In response to Commissioner Pohl's question on acknowledged the sound travels further than 40 which Code prohibits and he would object to a similar proposal of hard rock music. Sandy Lieder, 415 Park View Lane, spoke in favor of the proposal and her husband, Mark Lieder, neighbors (Floyd/Gussie Williams and Mark/Vicky Hollar) and the two managers and six employees of Key Bank also favor proposal. Ms. Lieder was aware of one neighbor who voiced her objection approximately three months ago. MS. Anderson stated the carillon would be operated by a trained person and volume would be at a minimum setting, ^:Lt^ the speakers facing east and west. There would be no hard rock music; music would be appropriate with holidays and local celebrations. There were no opposing audience comments. Tne public hearing was closed. Commissioner A. Hix operates a business in the B^^jL5siione? and all of her employees favor the proposal. Commissioner BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 19, 1996 Page 2 Gilfillan believes in the concept, has concerns as expressed by Staff and with censoring problems if this proposal is approved. Chairman Sager suggested a change in the times to be appropriate with the seasons, suggested a trial period, and consideration for those who are opposed. Commissioner Pohl has not heard the music and desires a demonstration and it was moved and seconded (Pohl/Thomas) that Special Review 96-6, Estes Park Carillon, 363 E. Elkhorn, be continued until December 17, 1996 so that staff and Applicant may arrange for a demonstration and additional information may be received. Those voting "Yes", Commissioners Sager, Burgess, Gilfillan, Pohl and Thomas; those voting "No", Commissioner A. Hix. 2.b. SPECIAL REVIEW 96—7. Black Canyon Carriages, Streets in downtown Estes Park, Cathy Hughes and Holly Erwin/Applicants. This application is for horse-drawn carriage rides for the public within the Town of Estes Park. Chairman Sager declared the Public Hearing open. Applicant's representative, Paul Kochevar, reviewed the proposal stating the primary route would be used on a regular basis with the secondary route used occasionally. The horse permit has been obtained; the carriage will be harmonious with our heritage and historic buildings. Hours and routes will be adjustable to maximize safety. Cathy Hughes stated the Applicants are working with the carriage company to arrange for liability insurance of $1,000,000. The primary office for this will be in Ms. Hughes' home with appropriate advertising around town. There will be no advertising on the exterior of the carriage. Rides for two people will be on a reservation basis; if business increases, a six person carriage with a team of two regular sized horses will be considered. The two person carriage may be utilized by one or two horses. Senior Planner Joseph reviewed the staff report stating Chief Repola has approved the routes and Mr. Joseph emphasized staff recommendations. No audience comments were heard. The Public Hearing was closed. In response to Commissioner Thomas' question, Ms. Hughes stated she had spoken with Deacon Alan Slinkard of the Catholic Church and Judy Hoxey, Estes Park Library, and both favor the proposal; she has not obtained permission from other churches. In late August the Applicants and Chief Repola rode bicycles on the proposed routes and Ms. Hughes expressed their willingness to work with the Town. Mr. Kochevar stated that since this proposal was not site specific, and due to the large niimber of potential adjacent landowners, a notification was not done. (Note: there was a legal Public Hearing Notice published in the Trail Gazette. It was moved and seconded (Thomas/A. Hix) approval of Special Review 96-1, Black Canyon Carriages, Streets in downtown Estes Park, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. • Applicant to provide a copy of a Certificate of insurance for $1,000,000 to the Town, with the Town to be named as an additional insured. • Applicants obtain written permission from property owners for specified stops on private property. • Any future additions or revisions to the routes or stops be approved by Town Staff. • No signage on public property. • If traffic conflicts or other use conflicts occur on the streets or at the public stop locations. Town Staff is authorized to restrict operations until the problem is corrected. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - November 19, 1996 Page 3 3. SUBDIVISIONS 3.a. Amended Plat, Replat of Lot 6A. Amended Plat of Lots 6. 1, 8, Second Amended Plat, Pine River Subdivision. This request is to re-subdivide one lot into three lots. Applicant's representative, Paul Kochevar, reviewed the history of the property and requested approval of the request. Director Stamey reviewed the staff report. Director Stamey noted that the resulting lots would not be large enough for residential use due to the flood plain regulations. Any approval of this Amended Plat does not imply any approval of future residential or accommodation use. There were no audience comments. It was moved and seconded (A. Hix/Burgess) approval of Amended Plat, Replat of Lot 6A, Amended Plat of Lots 6, 7, 8, Second Amended Plat, Pine River Subdivision, be favorably recommended to the Board of Trustees with the following findings and conditions, and it passed unanimously. FINDINGS: 1. Approval of the subdivision will not be materially detrimental to the public welfare or injurious to other property in the neighborhood or in conflict with the purposes and objectives of this title. CONDITIONS: 1. Plat Information • Show correct Lot lines for Lots 1, 2, 3, Prospect Village Subdivision. • Add dimension to south Lot line. Lot 6. • Add note: Lot 6 shall accept drainage water from Lot lA and Lot 5. • Show wetlands. 2. Development • Prior to issuance of a building permit, the Army Corps of Engineers to approve any wetlands disturbance. 3. Any approval of this Amended Plat does not imply any approval of future residential or accommodation use. 3.b. AMENDED PLAT. Tracts 65 & 66. Fall River Addition. Nicholas Kane, Penny L. Kane. James F. Cook/Applleants. This is a request for a boundary adjustment between two existing tracts. Applicant's representative. Bill Van Horn, reviewed the request to clarify the encroachment. Director Stamey reviewed the staff report. There were no audience comments. It was moved and seconded (Gilfillan/Burgess) approval of Amended Plat, Tracts 65 & 66, Fall River Addition, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. 1. Plat information • The designation of Tract or Lot to be consistent. • Dedication Statement - James S. and James F. Cook, to be consistent. • Surveyors/Engineers title block to be added. 2. Utilities • Verify sanitation district service requirements prior to Town Board approval. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Conunission - November 19, 1996 Page 4 3. Previous Approvals • Approval of this Amended Plat will terminate any approval of the Preliminary Plat for the proposed Castle Mountain Estates. INFORMATIONAL DISCUSSION 4.a. Estes Park Assisted Living Facility, Marvs Lake Road, Senior Housing Options and NCB Development Corporation/ Potential Applicants. This is a potential request for a 40 unit assisted living facility for the elderly. John Rimbach, vice-president of NCB Corporation, stated a rezoning application (currently E-Estate, requesting R-Residential) has been submitted to Larimer County. Many community groups and churches have been involved with the current proposal. This will provide another option to the nursing home as well as improved cost options. NCB Corporation is in partnership with the Senior Housing Options in Denver. Jim Hood, Estes Park Senior, Inc., stated this project has been worked on for more than ten years as there is a need for help with daily living activities. Terry Whalan of Senior Housing Options in Denver explained the history of her company and their involvement in Colorado housing. She is an advocate for the elderly and has participated in other Colorado projects. Jim Wilmot of Wilmot/Sanz in Gaithersburg, Maryland, reviewed the history of the Coming Home program and stated assisted living allows independence and socialization for residents. Mr. Rimbach stated that affordable housing would be made available through the financing package and consideration has been given to on­ site employee housing. Under NBC's 501.3c status, approximately 25% of the units would be low income which is also part of their mission. The project will be tax exempt. Units will be unfurnished, with the anticipation of a majority of single residents. Residents may eat in their unit, however, a dining room will be available for everyone which will serve three meals per day and a snack in the evening. The staffing ratio will be one staff person to ten residents, with transportation provided to various activities. Other provided services will be laundry, housekeeping, bathing, etc. There will be no skilled nurse on site. There will be an activity director and a multi-purpose room available for arts, crafts, entertainment, church meetings, etc. The County process is anticipated to take up to six months with the first meeting scheduled in January which will include information from the Planning Commission. Costs for similar projects have ranged from $368 - $1,750 per month. There were no audience questions or comments. Chairman Sager thanked everyone involved with the project for attending the meeting. 5. REPORTS Chairman Sager reminded everyone of the Public Hearing for the Comprehensive Plan on December 3, 1996 at 4:30 at the Estes Park Conference Center. There being no further business. Chairman Sager adjourned the meeting at 3:00 p.m. Roxanne S. Botic, Recording Secretary