HomeMy WebLinkAboutMINUTES Planning Commission 1998-02-17BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission
February 17, 1998
Commission:
Attending:
Also Attending:
Absent:
Chairman A1 Sager, Commissioners Mark Brown,
Harriet Burgess, Alma Hix, Edward Pohl and
David Thomas
Commissioners Burgess, Hix, Pohl, Sager,
and Thomas
Trustee Liaison G. Hix, Director Stamey,
Deputy Town Clerk Kuehl
Commissioner Brown
Chairman Sager called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
l.a. Minutes of the January 20, 1998 meeting were approved
with the addition of Commissioner Gilfillan both as a member
and being present.
l.b. Development Plan 97-13, Lot 1, Block 4, Fall River
Estates, Jim Rodgers/Applicant. Applicant Representative
Ross Stephan, Estes Park Surveyors, reported this is a minor
amendment adding 240 sq. ft. of office space to the four
plex building and removing this from the manager s private
residence. The parking was shifted to the south with no
loss of parking spaces. There is no change in J
was moved and seconded (Thomas-Hix) Development Plan 97-13
be approved, and it passed unanimously.
Th oro'as
2. SPECIAL REVIEW
2.a. Special Review 98-02, Lot 2, Mountain Man Subdivision,
356 East Elkhorn Avenue, Total Gas and Stingers, Windy Ci y
LLP/Applicant. Chairman Sager opened the Public Hearing.
Applicant Representative Paul Kochevar, Estes Park
Surveyors, explained that the Development Plan is for the
purpos^of identifying areas for the use
tables two on the east side and four on the west side of
the building. Director stamey noted that srnce the areas
for placement of these tables is dimensioned °n th® P1®"'
the location of these tables should not be changed, and the
Tabllt restricted to carry-out service only.
Co^issioner Thomas asked if the Applicant considered
pl^in^the tables at the back of the building facing the
Rivprwalk There are no parking requirements for this
development, chairman Sager suggested the parking layout be
removes from the Plan. Kochevar «P°rt®d that t^ parking
soaces are striped and are currently used. Commissioner
commented that there are presently pe^®S^ri
conflicts in front of the Cigar Store. Also, the
right-Sf-way Town-owned property between Total Gas and
Brownf ield's is" encroached upon with the use of these
rA^rkina soaces. Any improvements in this bU are° 1 y
Result in the westerly parking spaces becoI!;L1"g ;;ni^^^blTeo-wn
Kochevar reported that there is an agreement with the Town
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, February 17, 1998 - Page 2
for use of this area by the Applicant. Director Stamey
verified with EPURA Director Anderson that no such agreement
exists. The only agreement is between EPURA and Brownfield
to allow access to the rear of the building. Director
Stamey requested the Applicant agree to comply with the Code
and require compliance of his tenants on the property to
restrict outdoor display of sale items. Comments from Estes
Park Sanitation included the requirement of a grease
interceptor if the food service area is expanded. Chairman
Sager requested that the vicinity map be scaled and more
specific to the area. Commissioner Pohl noted that the
property is located on the south side of Elkhorn Ave., not
the north as stated in the Applicant's submittal. Hearing
no further comments. Chairman Sager closed the Public
Hearing. It was moved and seconded (Hix-Burgess) Special
Review 97-02 be recommended for approval to the Board of
Trustees noting the restriction on the outdoor eating area
and display of outdoor sale items, and it passed
unanimously. The motion did not address the parking
question.
3. DEVELOPMENT PLANS
3.a. Second Amended Development Plan 90-02, Lot 2, DeVille
Subdivision, 534 S. St. Vrain Ave., EZ Car Wash. Applicant
Representative Ross Stephan reported this amendment includes
relocation of one existing pump island, installation of a
canopy over the island, and expansion of 100 sq. ft. to the
existing building. There will be no signage placed on the
canopy, but the Applicant wishes the option to place signage
a? a later date. Director Stamey noted that the Applicant
has requested a permit for a free-standing sign_ that
includes the maximum usage for the property,_ thus no signa9®
is allowed on the canopy unless the SUrbemc1etsSsed
revision. The lighting on the canopy will be fully recessea
whIcS includes the light and fixture. The height of the
canopy wTll be 17 ft. 8 in. The 100 sq. ft. addition is not
over any water reclamation or gasoline storage tank. y
additional fixture units in the proposed addition will
require additional tap fees. Access will not
Ls moved and seconded (Hix-Pohl) the S??°ndon
Development Plan 90-02 be approved for the addition °
sg ft to the existing building, relocation of the existing
gas pump, and addition of a canopy with full recessed
lightingP (including light and fixture) and no signage, and
it passed unanimously.
3.b Amended Development Elan 95-02, Tract 4, Beaver Point
Addition, 550 Moraine Ave., RiverRock Homes. This pla
revision proposes to increase the existing approved
by one unit from 24 to 25. Commissioner H“ cdteCiai”try
conflict of interest and was excused.
review follows: Planning Commission approved 22 units o
February 21, 1995; Town Board approved a density bonus for
91 units on April 25, 1995; Planning Commission approvedrevision r°endu??ing the total dwelling units to 24 removrng
the special review bonus on November 21, 1995,^
Commission denied a special revrew req eight duplex
Tanuarv 27, 1998. The present proposal is for eig P
SSts Ld a single building containing nine unrts. Frve of
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, February 17, 1998 - Page 3
the duplexes have been constructed and another is under
construction. The 30/ height limit is not exceeded due to
the proposed fill and use of retaining walls. This
calculation does not include the elevator tower. Applicant
Representative Van Horn verified that the January 26, 1998
drawings represent the elevator tower maximum height. Ricki
Ingersol stated RiverRock is coordinating wetland mitigation
with the Army Corps of Engineers with expected completion in
September. The Public Works Department requires water line
as-builts with all service lines, new and existing fir®
hydrants, valve boxes, backflow preventers, etc. be reviewe
and approved by the Department prior to Development Plan
approval. In addition, the proposed fire hydrant at the
southeast portion of the site should be shown on the Plan-
Van Horn noted that placement of the required fire hydrants
will be negotiated with Fire Chief Dorman and Public Works
Department. Access to the property is unchanged. The
Improvement Guarantee involves landscaping and placement o
the fire hydrants. RiverRock Townhomes, Inc. has been sold
to Pinnacle Homes. The new name is RiverRock Townhomes, LLC.
A letter from the Applicant's Attorney will be issued
that change. This will require updating of signature blocks
on thf Svelopment Plan. It was moved and seconded (Thomas-
Pohl) Development Plan 95-02 be approved with the following
conditions, and it passed unanimously with one abstention:
1. The ownership signature blocks be revised to
reflect name change of business bP
2 No grading within the Highway R.O.W. shall be
allowed without first obtaining approval and
3 ?ompietrOwateDr0Tline as-bullts shall be reviewed
' andPaccepted by Public Works prior to execution of
the revised Development 9lan- nrior to4. improvement Guarantee be provided prior
5. vesting o?ethisV1approvIl shall be extended to
6 P^opoL?bfriUrerYhJdrant at the southeast corner of
the property be shown on the Development Plan.
1 The thP rd required fire hydrant location be
SLrmined by Applicant, Public Works Director
T nnnane and Fire Chief Dorman.
8. The elevator towers be no higher than s ouna6I>®"^ (corr,t(tt
commissioner Hlx resumed her position on the Commission.
4. SUBDIVISIONS
a . Preliminary Plat Arapaho Estates Third Filing, Lot 23,
Cherokee Dr. d°ef ncresDrintoTLine ?o?s
proposes to subdivide 15'3 ac“!e^ to 3.39 acres. Staff
ranging in size from 1.26 bllc easement along the
recommended that a bU W1 , p:ac: _n or)en SPace/wetlands
northern boundary be fd/catadn ®=toarniz°f" bTic acde== as
outlet with an easement or . , . This would prevent
was done in the Second . all lots comparable
public/private use conflic s' Kochevar agreed to this.
iLSiS:^erftS1i“vLaRyr:?lf Ste1VredKurehdSpartigculany at the
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, February 17, 1998 - Page 4
end of the cul-de-sac. Adjacent lots should be identified
and preliminary utility easements labeled on the plat.
Other easements are utility easements along all lot lines.
Staff also recommended that fencing restrictions be
addressed in the subdivision covenants. The Estes Valley
Recreation and Park District commented that the western
border of this Plat is adjacent to Mary's Lake Campground.
Drainage from this development should not have an adverse
affect on the campground. Prospective owners of property in
Arapaho Estates should be informed that this area will
remain a campground. It was moved and seconded (Burgess
Hix) Preliminary Plat Arapaho Estates Third Filing be
approved with the following conditions, and it passed
unanimously:
1. Cherokee Dr. shall be renamed Cherokee Ct.
2. The bearing basis shall be shown.
3. Adjacent lots shall be identified.
4 The Town Boundary shall be identified.
5. Perimeter utility easements shall be labeled
widths shown.
6. Dedication statement and signature blocks shall
7. AeVlaSndscape detail for the cul-de-sac shall be
8. Tdri^ntge easement shall be shown between Lots 9
& 10 and the drainage swale designed. d
9. Erosion control and revegetation details
soecifications shall be submitted.
10 • profiles \\liantUtlsib2tte0dnStfroUrCtlpublPican Works
u. area -a- -a--abted .
Homeowners' Association with an easement for non-
motorized public access- „p liminary» shall be
12. A file drawing marked Prelim y
submitted.
5. VACATION RENTALS
Director Stamey reported that ^e““Sed t°jmi“dPthat nightly
Municipal code was tevrewed and it was^dete^ allowed_ In
and weekly rentals in residenti 1 ent companies were
April 1997, the local real Mministrator Klaphake
advised to discontinu discussed to determine if a full or
explained that this is be g if the Code should be
partial code «vis:LOnSe;t=ct,fvCeeSeSna£oyrCement on a complaint basis
enforced as written. i-hat there is no one place inisn't working. Chairman Sager noted that there i allowed.
the code in which to found under Section
(Editor's Note: This .re9ul®tf of continuing the practice
5.20.010(1).) Th,:'se1 spea^in®,^1"1J rentals in residential areas
of allowing nightly and weekly _ . rlng judy Anderson,
included Bill Van Horn, Van Horn Engineeri 9' ^ windcllff
Anderson Realty and Management, “Ton, this is a
Management. They stfrSelm^m^tv allowing visitors the option
positive addition to the motels ?? alter this ability
^:urdtataktnaSStradrationral usage of the property. Commissioner
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Planning Commission, February 17, 1998 - Page 5
Hix asked what the Town response should be when it receives
complaints from neighbors about this type of rental. It was
suggested the Town pass these complaints onto the respective
management company for clarification and correction. Chairman
Sager questioned whether the management companies could refuse
rental to certain parties. Ms. Anderson responded that they do
have that right. Commissoner Hix noted that properties are being
presented to potential buyers as rental investments. Ms.
Anderson stated she does not do so, but doesn't know how other
management companies handle this situation. No one present could
answer the Commissioner's inquiry as to the number of private
residences used for accommodations. When questioned about the
actual need for such accommodations when there are many
conforming commercial accommodations, Ms. Anderson reported that
she often receives referrals from the commercial accommodations.
Commissioner Burgess expressed that although Estes Park has been
primarily a tourist town in the past, it is increasingly becoming
residential, and this type of activity is becoming an invasion of
privacy. Margaret Clark noted that, from her cabin, she often
hears noise from rental houses in the Windcliff area, and that
such disturbances can make a neighborhood miserable.
Commissioner Thomas suggested that an independent study be
conducted regarding this type of activity in other tourist towns
to gain an unbiased viewpoint. Commissioner Pohl questioned why
the private accommodations are not licensed. Although these
people hire a management company who is licensed, the homeowner
receives the rent money. Staff will discuss that requirement.
Administrator Klaphake noted that the Town will conduct an
independent study. However, until changes are made, the Town is
obligated to enforce the Code.
6.RESIGNATION
Commissioner Burgess reminded the Board that Commission
Gilfillan has resigned. The Commission expressed their regret,
noting that Gilfillan provided exceptional service.
Having no further business. Chairman Sager adjourned the meeting
at 3:50 p.m.
Tina Kuehl, Deputy Town Clerk