HomeMy WebLinkAboutMINUTES Planning Commission 1997-03-18BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
March 18, 1997
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 Brown, Burgess,
Gilfillan, A. Hix and Pohl
Town Attorney White, Trustee Liaison G. Hix,
Director Stamey, Construction Manager Sievers,
Secretary Botic
Commissioner Thomas
Chairman Sager called the meeting to order at 1:30 p.m.
PUBLIC COMMENT
Louis O'Riordan addressed the Planning Commission stating all
citizens have a right to attend and speak at Planning Commission
meetings whether they live in or out of town limits.
1. MINUTES
prSen?ed°.f the FebrUary 18' 1997 ■"eating were approved as
SUBPIVISIQNS/SPECIAL RRVTTiyf
Ser7/n\TVlT;Por^LnW\SramotVA, I^Lp^^TEs^VerAdaftior3?^
irptps“ru'nabniruSre<1 to
J h ^nd nips Additinn andSdMiYlsAn, Lvnn w. Kjnnie^anH ■J!:--Ptr_qPey»
Director Stamey stated the Aonl i tra*^K/ftPPliC9ht.
^phLKy-usn as:Ifir, TtfipvsioTnErr^?f„ugl%1^^^
dedication of a 10' wide oedpei-t-T-i an one ■Lot/ 2)south side of Lot IaT 3? !?. ?adiS at th» „epaSe,nent al0n9 the
of°a\°A
jirh”|in1tdii„vUepnt^
Bread?bJility. It was moved and seconded (A?
SoT>anrthrreenddedlaptlatf oLf0tLots “a aid1!" %"" AiptS
Village Subdivision, be favorably recommended to the Board*^!
Trustees subject to the following, and it passed unLfmoSfly
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Conunission - March 18, 1997 Page 2
3,
4,
Plat Information
• Add 100 Year floodplain.
• Label pedestrian easements as “public access
easement”.
• Dimensional information and some of the graphic
labeling be enhanced for better readability.
Application Information
• The Lot information on the Application and
Statement of Intent shall be revised to reflect
this Plat.
Provide a copy of Maintenance Agreement prior to Town
Board review.
Access
• The proposed R-O-W dedication shall be determined
by Staff and the legal description shall be added
to the Plat prior to Town Board approval.
Utilities
• The boundary lines of Lots lA and 5A shall be bold
and with a larger pen size.
• The public access easement in the existing eastern
section of the parking lot shall be described with
additional curve and line data.
• The first note shall be changed to; “The wall and
all structural appurtenances, but not....by the
owners. The footbridge and all appurtenances will
be maintained by the owner".
• The bumper car building encroachment into the
proposed 10 ‘ access easement shall be removed
during the development of the eastern portion of
Lot lA. This note shall be added to the Plat.
• The 10' access easement south of the river shall be
labeled as a public access easement.
Other
• Remove all buildings except encroaching buildinas
from the Plat. y
• The older, abandoned service line must be plugged
or capped to the satisfaction of the Estes Park
Sanitation District's line superintendent.
spgcial Rgvigw .97-2, Lot lA & SA of the Amend^.d P3 at nf
i!egDana Addition and of the Amended Plat- of
S 9r ?f.0Slp^Qt vmaqg Subdivision, Applicant.• LYn»j ,. Klhhlg. This IS a proposal for construction of two
additional 18 hole miniature golf courses and a new foot
bridge. Chairman Sager opened the Public Hearing. Director
Stamey reviewed the staff report noting paths with direct
connections are preferable and the developer will be
responsible for maintenance of these connections. Staff has
concerns with the colors and descriptive phrase 'festive in
nature' and is requesting primary and bright colors be avoided
and a that a statement of this intent be provided. Other
staff comments included parking concerns, providing a liqhtina
detail (lights need to be shielded), clarifying the status of
existing golf course, submission of a construction schedule
and path modification. Mr. Stamey noted CDOT was completing
a site visit on this date which may result in a guard rail
being required which would be the Applicant's responsibility
and emphasized approval of this Special Review does not imolv
any approval of the existing parking on Lot lA.
Applicant's representative. Bill Van Horn, stated a lightinq
detail would be provided with bollard type lights beinq
planned and due to the nature of use, some medium heiqht
lighting will be utilized. All lighting will be shielded.
Mr. Van Horn recognized the color/design concerns, stating the
general theme would be 'old west' and all features of the
course are to be low level, with intense landscaping, and he
does not have any objection with the conditions of the colors;
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 18, 1997 Page 3
additional information will be submitted. Regarding
disposition of the existing course, a portion is in need of
reconstruction and there will be a slight adjustment relative
to the new course protrusion, it will be maintained until the
property is re-developed. Mr. Van Horn stated a multi-family
use drawing has been submitted for future intended use of the
slide/miniature golf course area: the construction schedule
is contingent upon approval process (possibly 1997 season,
completion by Spring 1998). The Go-Cart parking has been more
than adequate, with additional parking available. There may
be shared parking with Estes Park Brewery in the future. With
the removal of the 5 spaces requested by Staff, approximately
30 new spaces would be available (along the east side of the
vacated Prospect Village Drive). He would agree to a note on
the Development Plan regarding an obligation to construct
additional parking at the Town's request. He was in agreement
with other staff requests, including working with Staff on the
path interface and would prefer to continue with a two sheet
submittal. Commissioner Pohl was pleased with the importance
of colors to the Applicant and expressed concern that in the
past, national news had commented on the infringement of site
lines in Estes Park due to the 'slide' and requested specific
the motion regarding colors. Commissioner
Gilfillan emphasized the importance of shielded lighting.
Commissioner A. Hix clarified with Mr. Van Horn that if a
guard rail is required by CDOT, it will be the Applicant's
expense. Mr. Van Horn agreed to consider Chairman Sager's
request for additional handicap spaces.
Audience comments were heard from Mary Lamy, Rock Ridge Road
who was concerned with lighting, noting the current lighting
IS intense, intrusive and dominates the night sky. Steve
Komito, Estes Park resident, requested clarification of the
dedicated easement for a trail north of the river and if the
slide would be removed as had been discussed five years ago
when approval was given for the Go-Cart proposal. He
requested the Commission's assistance with removal of the
slide. The Public Hearing was closed.
Whlte stated it is not appropriate to request the
Slide be removed, a voluntary comment could be given - it
could not be a recommendation. Mr. White stated removal of
the slide was not a condition previously and there is no
current violation of any land use decisions. It was moved and
seconded (Pohl/Brown) Special Review, 97-2, Lot lA & 5A of the
fended Plat of Lots 1 & 2, Lee and Alps Addition and of the
fended Plat of Lots 5A and 9, Prospect Village Subdivision,
it f®v°^abl.y recommended to the Board of Trustees, subject to
the fo!lowing, and it passed by the following votes: those
+-IeS ' c<Jn?nissloners Brown, Burgess, A. Hix, Pohl, and Sager, those voting "No", Commissioner Gilfillan.
1. Show additional parking (a minimum of 13 spaces) and add
additional parking note recommended by Staff.
Provide access maintenance agreement prior to Town Board.
Show the 2 private paths and add referenced note
Show Crags Drive defined access.
nruY‘^deTTiririxgation Plan and related information, (per Public Works)
Provide additional landscape information (species,
quantities, sizes, highway frontage).
Provide a site lighting detail to be approved by Staff.
Label access easements as "public access easement”
Change Highway 34 to Highway 36.
Show edge of Big Thompson River.
Identify status of existing 18 hole golf course.
Identify construction schedule.
Provide information on site design (materials, color
features) for Staff approval.
required by CDOT, guard rail to be provided at
Applicant's expense.
2.
3.
4.
5.
7.
8.
9.
10,
11.
12.
13.
14.
BRADTORO PUBLISHING CO.RECORD OF PROCEEDINGS
1,
2.
Planning Conunission - March 18, 1997 Page 4
15. No approval of parking layout in northeast area.
2-^----My_tg5 Rgplat Pf a Portion of Lot 37. white Meadnw Vic^i-T
Elqce, aka Mountain Printery and The Bowling Alley. p
—Rarbara—sL—Nytas/Applicant. Commissioner A. Hix was
excused as she had a conflict of interest and Town Attorney
White and Commissioner Brown were excused due to prior
commitments. This request is to divide one lot into two lots.
Director Stamey reviewed the Staff report and correspondence
received. Applicant's representative. Bill Van Horn, stated
they are willing to comply with Staff requests and there will
be a blanket shared parking agreement and maintenance
agreement proportional to size of buildings. Locates
requested by EPSD will be done prior to the Town Board
meeting. Chairman Sager recognized the Planning Commission
has no authority regarding fence repair, however, he noted the
fence on the east end of the bowling alley is in need of
repair and wheel stops would also be helpful. It was moved
and seconded (Burgess/GHfiUnn) the Nytes Replat of a Portion
of Lot 37, White Meadow View Place, aka Mountain Printery and
The Bowling Alley, be favorably recommended to the Board of
rustees, subject to the following conditions, and it passed
unanimously with one abstention.
Modify access easement across Lot 1.
Provide a parking and access easement for the area north
of the bowling alley prior to Town Board.
a+- and access easement maintenance
agreement to include shared parking requirements prior to
Town Board review.
Increase size of Lot 2 by 2,776 sq. ft.
Modify Nytes acknowledgment statement.
Utilities
• Add a 20' utility easement for the water main on
the property.
• Provide a 20' utility easement on Lot 2 for Lot 1
water service and possibly other Lot l utilities crossing Lot 2.
• Provide the west property line distance for Lot 1.
Provide a bearing and distance for Lot 2 west
access/utility easement.
• The additional bold line parallel with Lot 2 south
property line to be removed.
7. Sewer lines to be shown on the Plat
Commissioner A. Hix resumed her position'on the Commission.
2>dt Lots 3 & 4 of the Stanley views Snhr^iy,-w
into^^/?PT>3,i!^Cantn • ThiS re^uest is to combine Lots 3 and 4
into one Lot. Director Stamey reviewed the staff
Seri1!?/1?110 Works Di.rect03^ Linnane's request to uncoverPone
service tap corporation stop and physically disconnect the
llne Att°™ey white1 s corunents regardfng SS
change on the Dedication Statement. Applicant’J
representative, Bill Van Horn, has no objection to staff recommendations, and stated they will work with til 5a?er
?Sl??lei".n/0Bn hOW PlUg the tap- I,: was "‘OTC« and seconded
? 7 Ur5eSSJ Lots 3 S 4 of the Stanley Views
Subdivision, be favorably recommended to the Board of
unanimously 3604 t0 the follo“in9 conditions, and it passed
4
5.
1.
2.
Plat information
• Show area of Lot 3A in acres.
• and dimension open space easement along theWest property line. y
Utilities
• 2 ^ots ^ave water service stub-outs to each.
The owner shall uncover 1 service tap corporation
stop and physically disconnect the service line.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 18, 1997 Page 5
• All dashed lines to be labeled.
The Dedication Statement shall be changed to read: "Do
hereby subdivide the same into lots and blocks, open
space easement areas and utility easements as shown on
this Plat, and do hereby dedicate and designate all such
utility easements to and for public use for the
installation and maintenance of utility, irrigation and
drainage facilities.”
Indicate the open space easements on the lots.
Jtff—PrgXiminary Plat of Tract 2 of Arapaho Addition, scott
MX3it4TQy/ApplxCflnfc • This request is to divide 15 acres into 9
lots. Bill Van Horn, Applicant's representative, stated he
was not present to request approval; he wanted further
understanding of the issues and to receive guidance from the
Planning Commission. Director Stamey stated this area was
part of 5 tracts annexed in 1985 and reviewed the history of
this area. As a part of the annexation process there was an
agreement between the Town and the landowner regarding future
access to connect to the north to Prospect Estates and the
east to Highway 7. This agreement was modified with
collateral secured for street purposes. At the time of
annexation, there was a 30' wide access easement from Highway
7, extending west to the Luce property (Tract 5). This
easement was not dedicated or designated as “public”. The area
IS 15 acres and access is a major concern. A 60' wide R-O-W
IS proposed with half of that width shown across the owner's
property. The other half is across property owned by four
other landowners. From Highway 7, west, the first 1,111 feet
of the southern portion of the street is not within Town
limits and in order to provide street R-O-W, the four lot
ntnff..WOUl ne^d t0 be a party to this Plat- There is no
allow aCr°SS tW° 12.' strips °n the wsst side toallow for a water main connection. Access is important for
emergency vehicles and Public Works. Other staff concerns are
wetlands (confirm area, designate as non-build, non-
disturb area) which preferably would be placed in an open
nS?Se.0Uti.0t' Xt is in>P°rtant for the Ap|^licant to con?ac?
CDOT immediately with consideration being given to accel/decel
HlghWay 7* staff requested consideration for a public access easement from Highway 7 to the west orooertv Ime to link Fish Creek to Ma^s Lake Road and L stSv
reviewed information received from Public Wn-rk-c: b4-4.^v. y
thtteA;nAiP°1^t0e Chl?f ?^POla -dr^haPst21ed0thrS^r^“°cSnStne Applicant contacting CDOT. Mr. Van wor-n
and1:LhistnS v^ii;Lin9n®fs to work through 'housekeeping items'
4-^1 nee^ ^or direction regarding street layout and
utilities and that the Town may need to implement eminent
domain to address access and water as this m^ not Se
voluntary by property owners. The Applicant has revisited the:ft1er?he1?l?tiirg%r^^^^^ t0 grant a -nServatio;iSe1LeedmLhte
Audience comments in opposition were heard from Acora
hu^hanHn/T•ReJ::eP^:LOn #94059249' (also Speaking on behalf of her husband Jim) who as a former EMT/paramedic is in favor of
access, however, believes that when a developer buys into a
neighborhood^, he should use his own property. if approved
this would change Her quality of life with 300 cars parsing by
gravel°roa^0r 311(1 Stated the develoPer should develop hisgown
p??LPQ^’PPS/ attorney, is representing property ownersEllen Sloan, Bob/Teddy Haines and Ann Leonard, and stated he
has reviewed the deeds and records and his clients will not
agree to sign the Plat and believes they could receive a
decree from a court in support of their position to use the
easement across Tract 2. He stated when there is an easement
by use, its use can't be expanded and turned into a public
easement without consent of owners.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 18, 1997 Page 6
Ed McKinney, 4 year Prospect Estates resident, stated
development of this site seems reasonable, and expressed
concerns for wildlife, wetlands, the bike path, and access to
allow for emergency services.
Stan Olson, representing Vedra Erickson, foresees problems
with access. Previously Ms. Erickson was given permission to
access her driveway across Esther Johnson1s property; now they
must travel a different route.
Rollie Hinze, 500 Pinewood Lane, (speaking also for his wife
Linda) stated this was the first he has heard of a pedestrian
path, the wetlands should be maintained and clarification is
needed for the bike path, wetlands and road. Mr. Stamey
stated it would be desirable to continue the path adiacent to, not in, the wetlands.
Mrs. Sorensen stated that the gravel road which goes through
the developer's property should be utilized.
Kay Rosenthal, 690 Pinewood Drive, is in favor of a bike path
connection and is considering a conservation easement donation
and questioned who she should contact.
Ed McKinney requested the bike path location be given
additional consideration due to elk habitat.
rJgardTngHOarcncersesgUeSted direCtion of the Planning Commission
(Attoraey white returned to the meeting during the discussion
to inMnd.?11?;5 Mri* Willte stat®d R"°-w dedication would need to include the voluntary participation of property owners
nc^ager' fin<^S it .re9re«ul that the access aLS™
,^ot extensions is being denied and suggested a discussion
with Mr. Phipps, Mr. Van Horn and Mr. Miller it was
2n ofSGAranaho( HiX) t-he pHtTf
meetfi„gr,apaa„hd°ift0 the flpril 15' 1997
Ssi^^atT^ pm.led a reCeSS at 3:35 PI" and the raeetlng
Drive ^-w1aertCaIiri:^ vacate the existing Thirteenth Fairway
thrPlEat° wm sa^LllCBaiocksS ?fridwintgh be, eXC-hangf'
Community church. He stated Attorney kWhite.s gconJl,en?
regarding private streets is irrelevant; he reoooniS a^
regiested tStaMat?othnrlhirteeShh/airWay ls and hasisquesrea staff to prepare that ordinance Wa+-*=T- ii-mn
untiienpw and ®lec.t.rical easements will remain on the Plat
bpfii-o e^XCe. llnes afe installed and Applicant will come
before the Planning Commission at a later time to vacate old
Thee]^notS' The APPlicant has reached an agreement with EVRPD. The snow removal easement in the northwest corner of Block 4
^Kh1Mr vertuntly, placed 0n the Plat- Attor^y White agrLd
Ko4fhevar's comment regarding the private streets and the dedication should be changed toy include public JtrJeS
likSCtt^ df?ey r®J:^ewfd the staff report and stated he would like to discuss/finalize Public Works Director Linnane's
comments and drainage design when Mr. Linnane returns, itwas
moved and seconded (Burgess/A. Hix) the Final Plat oftSe1ravdh F/irWay S“Mivision, be favorably recommended tf
d f Tru1stees contingent upon the following, and it passed unanimously.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 18, 1997 Page 7
1. Provide Improvement Guarantee and Letter of Credit prior
to Town Board review.
2. Label the 101 wide utility easement along the west lot
line of Block 5.
3. Incorporate comments in Public Works Memorandum dated
March 7, 1997.
g.jht Preliminarv_piat of Beaver Point Third Addition. Jack
W3,lliams/Applicant. This is a request to divide 2 tracts into
5 lots and a public road system. Paul Kochevar, Applicant's
representative, explained the proposal and agrees with Staff's
request to add a fire hydrant. He will need to follow-up on
the Public Works comment regarding a 20' utility easement;
regarding the cut for the entry road, there will be a 7' cut
into the hillside, with a 4% grade. Construction Manager
Sievers suggested consideration of moving the access to the
east. Director Stamey reviewed the Staff report and requested
the street name be changed.
Ike Krasniewicz, attorney for Patricia Cravens and Peter
Arcidiacono, explained his clients do not oppose the
development, they have concerns with the proposed R-O-W
extension to the west, and with a future connection between
Highways 34 and 36. In speaking with Public Works Director
Linnane, he determined no feasibility study has been done,
there is no long range plan and his clients believe this is
the worst place to put a road.
Director Stamey recommended Staff and Applicant conduct a
site visit. Commissioner Gilfillan questioned the process and
c^arifled zoning is not being considered today; he has no
problem with this request except for concern for the proposed
C-0 zoning for Lot 5. It was moved and seconded (Gilfillan/A.
Hix) the Preliminary Plat of Beaver Point Third Addition, be
approved contingent upon the following conditions, and it
passed unanimously.
1.
2.
3.
4.
5.
6.
Access
• Reserved future R-O-W for Highway 36 shall be
dedicated and dimensioned with the Subdivision Plat.
Plat Information
• Southern lot line for Lots 1 and 4 shall be shown
at the north edge of the additional R-O-W line.
Proposed Zoning
• Applicant's zoning request to justify why the
zoning would be appropriate in the context of the
Comprehensive Plan, Future Land Use Plan. This may
involve providing more detail in terms of
anticipated densities.
Street Name
• A name other than Rock Ridge shall be used.
Incorporate comments in Public Works Memorandum dated
March 7, 1997.
Engineer and owners to review location of proposed
R-O-W extension to the west.
Director Stamey^ also suggested that the Applicant and Town may
want to enter into an Annexation Agreement in order to more
fully define permitted uses on proposed Lot 5.
DEVELOPMENT PLANS
3-.at ^endpd Ppyglopment Plan 93-8. Lot 3. Lake
SubdiV3,g3.°n, Kimball F. Beerv/Applicanf-,. This request is for
additional storage units. Commissioner A. Hix stated she had
a conflict of interest and vacated the room. Applicant's
representative, Mike Todd, stated they are in agreement with
Staff recommendations and will work with EPSD requirements
prior to the issuance of a building permit. Director Stamey
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission - March 18, 1997 Page 8
reviewed the staff report and requested additional landscaping
the south lot line. it was moved and seconded
(Pohl/Burgess) Amended Development Plan 93-8, Lot 3, Lake View
Tracts Subdivision, be approved with the following conditions,
and it passed unanimously with one abstention.
1. Lighting to be shielded and approved by Staff with a note
to be added to the Development Plan.
2. Detention pond capacity to be increased prior to
construction of the new building.
Provide landscaping along south lot line.
Staff recommends a 1% minimum crosspan slope. If the
slope cannot be increased, the finished floor elevation
shall be raised.
5. Swale arrows to be added from the new asphalt slide to
the existing pond.
6. EPSD requirements to be met.
Commissioner A. Hix resumed her position on the Commission.
3.
4.
3^bt Pevglopmgpt Plan 97-5, Lots 6.7. 8. Amended Plat Qf T.r>^
Subdivision. Richard A.
^dj,th L» Pomponj.0/Applicant. This request is for a retail
home occupation on the lower level and dwelling on the upper
level. Applicant's representative, Paul Kochevar, stated thev
previously came before the Board of Adjustment and received a
variance with two conditions. Due to time limitations (4
months from approval date) they are presenting this requek
and would like to modify the first paragraph of their
Statement of Intent as they do not have any intention for
commercial use as stated. There was a discussion on defining
home occupation use', no outside employees, parking, and not
allowing conversion of the garage. Staff and Mr. Kochevar
will work on agreeable language to be placed on the Plan to
, ac<;ePtab.le usage. it was moved and seconded
(Gilfillan/A. Hix) Development Plan 97-5, Lots 6, 7 8
^®“.de.d .plat. of Lot 6A/ Second Amended Plat, Pine River
Subdivision, be approved with the following conditions, and it
passed unanimously. '
1.
2.
3.
4.
5.
6.
7.
8.
Add a note regarding garage/driveway parking.
Identify parking expansion opportunities, or better
define parking requirements/use.
Show street planting areas.
Identify maximum commercial square footage
Add flood plain note. y
Note in center of the sheet to be corrected
The following note to be added: “Lots 6, 7 & 8
shall accept drainage from the R-o-W and each other.
Staff and Applicant's representative will meet to
develop language to clearly define limits of the
coj^ercial use of this property and note will be
added.
6. REPORTS/OTHER
Chairman Sager expressed appreciation for Chief Dorman's
responses to Planning Commission items.
Commissioner Pohl recognized Secretary Botic's one vear
anniversary with the Town.
There being no further business. Chairman Sager adjourned the
meeting at 5:00 p.m. J
>■>1 O TD ^ a. ^ i-* ^ •Roxanne S. Botic, Recording Secretary