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HomeMy WebLinkAboutMINUTES Planning Commission 1998-10-20BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission October 20,1998 Commission: Attending: Also Attending: Absent: Chair A1 Sager, Commissioners Mark Brown, Harriet Burgess, Stephen Gillette, Alma Hix, Edward Pohl and David Thomas Chair Sager, Commissioners Burgess, Gillette, Pohl and Thomas Trustee Liaison G. Hix, Town Attorney White, Senior Planner Joseph, Building Official Birchfield, Recording Secretary Botic Commissioners Brown and A. Hix Chair Sager called the meeting to order at 1:30 p.m. 1. Minutes of the September 15,1998 meeting were approved. 2. SUBDIVISIONS a. Final Plat of tbe Amended Plat of Lots 3, 4, 5, 6 and 7, Arapaho Estates Third Filing, West End of Cherokee Drive, Robert F. Koehler/Applicant. This is a request to divide Lot 5 into two lots (creating one new building lot) and to create an Outlot for access to the adjoining lots. Applicant’s representative, Ross Stephen, stated the Final Plat reflects the Preliminary Plat conditions; 99% of the utilities are in place and the road has been paved. Senior Planner Joseph reviewed the Staff Report recommending approval with conditions. There were no audience comments. It was moved and seconded (Pohl/Burgess) the Final Plat of the Amended Plat of Lots 3,4,5,6 and 7, Arapaho Estates Third Filing, be favorably recommended to the Board of Trustees subject to the following conditions, and it passed unanimously. 1. A draft access maintenance agreement for the shared private drive shall be made available prior to Town Board. 2. The design of the road in Outlot A-1 shall avoid point discharge of drainage onto adjacent lots. 3. The dedication statement shall be revised as per Mr. White ’ s memo dated October 12,1998. 4. As-built utility construction mylars shall be submitted and approved by Public Works prior to Town Board approval. 5. Vicinity map needs to be corrected to reflect the replatted area. b. Amended Plat, Lot 1, Block 3, Lone Pine Acres, NE Corner of Lone Pine Drive & Raven Avenue Intersection, Stephen E. Murphree, F. Ross Brown, Ronald J. Gordon, David K. Metchem/Applicants. This is a request to divide Lot 1 into two lots for construction of a zero lot line duplex, resulting in one single family residence per lot. This proposal quahfies as a Minor Subdivision (16.12.070). Applicant’s representative, Kerry Prochaska, stated the ISO calculations have been completed and will be forwarded to Town Staff and Fire Chief Dorman. Mr. Prochaska stated the building will faee south and that the most limiting conformance to this property would be a zero lot line development. Senior Planner Joseph reviewed the Staff Report recommending approval with conditions. There were no audience comments. It was moved and seconded (Gillette/Burgess) the Amended Plat, Lot I, Block 3, Lone Pine Acres, be favorably recommended to the Board of Trustees subject to the following conditions, and it passed unanimously. 1. ISO calculations will be provided. 2. A note be added concerning approval of zero lot line development, as per Mr. White’s memo dated 10/12/98. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - October 20,1998 Page 2 Amended Plat, Lot 3, Acacia Acres Addition, NW Corner of Acacia Drive & Avalon Drive, Stephen E. Murphree/Applicant. This is a request to divide an existing lot (Lot 3) into two lots to separate the ownership of an existing duplex to a zero lot line duplex, resulting in one single family residence per lot. This proposal qualifies as a Minor Subdivision (16.12.070). Applicant’s representative, Kerry Prochaska, reviewed the request explaining the building is constructed so the units may be sold individually. Applicant is in agreement with Staff recommendations with a request for clarification of the electric service requirements. The fire wall is in place through the attic to the roof and meets the UBC requirements. Senior Planner Joseph explained his reasoning regarding the meter location noting ‘west’ should be revised to ‘east’ and reviewed the Staff Report which recommends approval with conditions. There were no audience comments. It was moved and seconded (Burgess/Thomas) the Amended Plat, Lot 3, Acacias Acres Addition, he favorably recommended to the Board of Trustees subject to the following, and it passed unanimously. 1. An additional water service line with meter and tap fee shall be provided. The tap fee and a separate water line shall be guaranteed prior to Town Board approval. 2. Compliance with UBC requirements shall be verified with on site inspection performed by Town Staff prior to Town Board approval. 3. The note identifying Acacia Road shall be corrected to read Acacia Drive. 4. The existing driveway shall be placed in an access easement with this Amended Plat. A shared access and maintenance agreement shall be provided prior to Town Board Approval, and shall be recorded together with the Plat. 5. A new electric service and meter shall be provided for the east unit and an easement provided for any line that crosses the neighboring lot. 6. A note shall be added concerning approval of zero lot line development, as per Mr. White’s memo dated 10/12/98. d. Preliminary Plat, Sleepy Hollow Subdivision, A Portion of the South x/i of Section 22, T5N, R73W, of the 6th P.M., Fall River Road, West of Trails West Lodge & Black Hawk Lodge, Gary D. Connely, Tejas Inc./Applicant. This is a request to divide 48.05 acres into 10 Single Family Lots, Outlots Aand B as Open Space and Outlot C (Access, Utility, Drainage). Applicant’s representative, Kerry Prochaska, stated this request was previously approved by Planning Commission 3V2 years ago and due to litigation resolved in January 1997, it is before the Commission this date (the previous approval’s time has expired). The request is modified as required in the Court decree (14' along the northern boundary of Lots 7 and 8) leaving a 48 acre parcel. Mr. Prochaska has spoken with Mr. Barker (Trails West Lodge) regarding the access easement. He has not spoken with Mr. Wallace (Black Hawk Lodge) yet. Mr. Prochaska has spoken with staff regarding the shared driveway and utilities. The ISO is shown on the Preliminary Plat, the bridge is per CDOT requirements (12'). An 8' fire truck would be able to utilize the bridge as well as an emergency access through Homestead. Senior Planner Joseph reviewed the Staff Report noting the same proposal was approved in 1995. Written correspondence was received from Jim Tawney/ Ponderosa Lodge who is opposed to the proposed development. Mr. Joseph has spoken with Mr. Harris regarding drainage issues which are addressed with a note on the construction drawings. Mr. Joseph called attention to the 10/14/98 Memo from Public Works Director Linnane which has many important comments and to a 10/18/98 letter from Scott Dorman/Fire Chief. Mr. Joseph noted that in study session it was suggested that in the future the future homeowners may request public street maintenance which will not be possible unless the public right-of-way is dedicated. Staff recommended BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Conunission - October 20,1998 approval with conditions. Page 3 Audience comments: Darwin Stark: questioned the location of his property in reference to the proposal, open space and drainage. Staff and Commissioners responded, and Mr. Prochaska stated that there would be no drainage onto Mr. Stark’s property. JimTawney/Ponderosa Lodge owner, stated approval of the proposal would negatively impact his property, he has offered suggestions to change the development, and has also offered to buy the property. He noted the west exit is not useable as it is chained. There is a 120' x 8' strip of land dedicated for parking in the Court Order. Mr. Joseph stated he had misread the Court Decree regarding Mr. Tawney ’ s parking and dumpster location in relation to the proposed paved road. Mr. Prochaska stated a survey has been done with property corners previously identified and that Mr. Tawney’s parking area/dumpster location is entirely in Outlot C and the Applicant will resolve and modify this issue in compliance with the Court Order. Mike Wallace/Black Hawk owner, stated he would not be willing to dedicate pubhc right-of-way, his road will remain private. Chair Sager stated that there were no corner stakes, flags or identifying markers on the property and while realizing this is not a requirement, noted if they were in place, they would assist Commissioners. Discussion continued regarding revising the Staff recommendations, building the road to Town standards, the parking/dumpster location and whether the item should be continued, and if requested information could be ready for the November 17,1998 meeting. It was moved and seconded (Pohl/Thomas) the Preliminary Plat, Sleepy Hollow Subdivision, A Portion of the South xh of Section 22, T5N, R73W, of the 6th P.M., be continued to the November 17, 1998 Planning Commission meeting so that the following items may be provided and/or resolved, and it passed unanimously. • Legal documents provided to Attorney White for his review. • Explore possible public dedication of right-of-way. • Identify proposed property comers • Access road and Ponderosa Lodge parking and dumpster locations to be identified on road construction drawings. DEVELOPMENT PLAN a. Amended Development Plan 92-01, Lot 1, Timberlane Subdivision, Timberlane Lodge, 740 Moraine Avenue, Curtis and Patricia Thonq)son/Applicants. This is a request to provide a lower level under four remaining buildings to be constructed as shown on the original site plan (Buildings A-6, A-7, B-5, B-6). Senior Planner Joseph reviewed the Staff Report recommending consideration be given to the angled parking spaces and referred to the Public Works Director Linnane’s Memo. Staff recommends approval with conditions. Applicant’s representative. Bill Van Horn, requested the Commissioners and Staff accept his verbal request for a time extension with this amendment. The Applicant will apply for a building permit immediately upon approval, however, if there is a delay, additional time will be required. The Appliicant is in agreement with Staff recommendations, uses will be restricted and the additional space is not intended for rental units. The suggestion for the ramp will be incorporated by providing for a landing and relocation of a handicap space for direct access and reflected with revisions on the plan. Also, the angle of the parking spaces will be altered. Commissioner Thomas questioned the mechanisms in place with regards to additional guests for family reunions who would not be on-site guests and Mr. Van Horn considers this an internal problem important to the Applicants as they must provide parking to their paying guests. Commissioner Pohl noted a discrepancy on the Plan regarding the notes identifying completion dates. Discussion continued regarding the handicapped parking spaces and parking. Mr. Joseph suggested the Plan be clearly labeled if BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - October 20,1998 Page 4 the Commission agrees to a time extension and the conflicting notes be eliminated. It was moved and seconded (Pohl/Gillette) the verbally revised Amended Development Plan 92-01, Lot 1, Timberlane Subdivision, Timberlane Lodge, 740 Moraine Avenue, be approved with the following conditions, and it was approved unanimously. 1. Use of any of the proposed lower levels (Buildings A-6, A-7, B-5, B-6) as guest units or dwelling units shall be prohibited. 2. Use of the meeting rooms shall be restricted to guests residing on the property. 3. Notes shall be added to the plan sheet identifying the upper and lower level uses of the proposed buildings. 4. Atime extension is granted with this approval. Building permits must be obtained before September 1, 1999. This approval will expire on this date, and no building permits will be issued for this development after this date without first renewing Development Plan approval. Other conflicting notes regarding time frame will be eliminated. SPECIAL REVIEW a. Amended Special Review 97-02, Lots lA and 5A, of the Amended Plat of Lots 1 and 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, located in the NE of the SW of Section 25, T5N, R73W, of the 6th P.M., South and West of the Donut Haus and North of Fun Trax, Lynn W. Kinnie/Applicant. This is a request for a time extension for removal of a building/shelter that encroaches into the river setback and the public access easement. Chair Sager opened the Public Hearing. Senior Planner Robert Joseph stated that one of the conditions of approval for the new miniature golf course was for the removal of a building/shelter. The Certificate of Occupancy was issued this summer with the understanding that the structure could remain until fall so that business operations would not be disrupted during their busy time. Public Works Director Linnane made his comments based on the information that money was not budgeted to construct a walkway in 1999. Mr. Joseph recommended the request be denied and the building be removed as was originally agreed. He stated there is potential conflict with the future access easement and the structure does not conform to the river setbacks. Applicant’s representative, B ill Van Horn, stated Mr. Kinney would like to thank the Staff and the Town for the consideration given this past summer. The Applicant recognizes Staffs position, there is no question the building will be eliminated when the walkway is in place. The Applicant has attempted to beautify the river, removal will not facilitate public good, the structure does provide shelter at this time. Commissioner Pohl questioned the Applicant’s open-ended time frame request and the hardship if structure is removed. Mr. Van Horn stated the shelter protects the air pillows and end of the spiral slide from the summer rains. Lon Kinney responded to Chair Sager’s questions regarding removal of the slides. Mr. Kinney stated he and his father are open to suggestions for a different use. They are aware the bumper car building encroaches into the setback and anticipate that will be resolved with future redevelopment. The Public Hearing was closed. Commissioner PoM stated there was considerable negotiation between the Town/EPURA and the Kinnies; this is an opportunity to correct an encroachment into an easement, the request of an open ended time extension is not in the community interest and it was moved and seconded (Pohl/Burgess) to recommend denial of the Amended Special Review 97-02, Lots lA and 5A, of the Amended Plat of Lots 1 and 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, located in the NE V4 of the SW V4 of Section 25, T5N, R73W, of the 6th P.M., request to reconsider condition of approval (building removal) to the Board of BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Conunission - October 20,1998 Page 5 Trustees, and it passed with the following votes. Those voting “Yes”- Commissioners Burgess, Gillette, Pohl, Thomas, those voting “No” - Chair Sager. Chair Sager stated he was willing to work with the date suggested by Public Works Director Linnane. REZONING a. Proposed Rezoning for Lots 2,3 and 16, Ranch Meadow Subdivision, West of Lone Pine Acres and North of Grand Estates, Richard H. Wille Trust/Applicant. This is a Zoning change request from C-0, Commercial Outlying to R-M Residential, Multi-family. Senior Planner Joseph stated he had received a letter dated 10/19/98 from the Applicant’s representative. Bill Van Horn, withdrawing Lot 1 from the original request, however. Staff still recommends denial of the request as it is in conflict with the Estes Valley Comprehensive Plan. He requested Applicant respond to Public Works request concerning drainage. Mr. Van Horn stated Mr. Wille has observed a troubled history with commercial uses and with the significant increase in commercial activity in this neighborhood, the commercial need has been met. The Applicant may request Development Plan approval prior to implementation of the EVDC. The Applicant does not believe there are sufficient people to support commercial ventures. Mr. Van Horn requested flexibility and preserving Applicant’s rights. He stated Lot 1 will be developed for Multi-Family buildings with less mass than the current developed buildings. Audience comments: Pat Cipolla stated this is the primary reason he requested a moratorium on rezonings and suggested this will be valuable commercial property to be preserved at this time. Ralph Nicholas suggested Mr. Wille use his creativity for this property rather than requesting rezoning (a future grocery store, a new post office site). Mr. Van Horn requested Mr. Wille be given the freedom to choose how to develop his land. Commissioner Burgess observed the definite need for commercial land. Recognizing the comments heard today and referring to the Staff Report comment “preserving commercial zoning for commercial uses is particularly important for land located along major arterial highways,” it was moved and seconded (Thomas/Burgess) to recommend denial of the proposed Rezoning for Lots 2,3 and 16, Ranch Meadow Subdivision, from C-O, Commercial Outlying to R-M Residential, Multi-family, to the Board of Trustees, and it passed with the following votes. Those voting “Yes” - Commissioners Burgess, Pohl, Sager, Thomas, those voting “No” - Commissioner Gillette. Commissioner Gillette stated Mr. Wille can submit development plans for Multi-Family by the next meeting and denying this request is not responsible government. REPORTS ADJOURNMENT There being no further business. Chair Sager adjourned the meeting at 4:05 p.m. Roxanne S. Botic, Recording Secretary