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HomeMy WebLinkAboutMINUTES Town Board 2000-08-08ITown of Estes Park,Larimer County,Colorado,August 8,2000 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estes Park on the 8th day of August,2000. Meeting called to order by Mayor John Baudek. Present:John Baudek,Mayor Susan L.Doylen,Mayor ProTem Trustees Stephen W.Gillette David Habecker Lori Jeffrey G.Wayne Newsom Also Present:Rich Widmer,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Absent:Jeff Barker,Trustee Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT Bill Van Horn commented on the “hazard criteria”contained in the EVDC and questioned “whether the Town should be getting involved in mitigation efforts.” TOWN BOARD COMMENTS None. 1.CONSENT CALENDAR: 1.Town Board Minutes dated July 25,2000. 2.Bills. 3.Committee Minutes: A.Community Development,July 27,2000: 1.Street Closure —Longs Peak Scottish Festival 2.Hallett House Roof Replacement Contract —Approval. 4.Estes Valley Planning Commission,July 18,2000 (acknowledgement only). 5.Estes Valley Board of Adjustment,July 11 &August 1,2000 (acknowledgement only). 6.Final Plat Of Apache Acres Subdivision,Don Darling,Stan &Joanne Olson/Applicants —Continue to September 12,2000. 7.Amended Plat of Lot 2,and a Portion ff Lot 3,Rock Ridge Estates,Scott Pope/Applicant —Remove from agenda,to be considered at a later date. It was moved and seconded (Newsom/Doylen)the consent calendar be approved, and it passed unanimously. Board of Trustees —August 8,2000 -Page 2 2.ACTION ITEMS: STIPULATION AGREEMENT —SAFEWAY STORES 46,INC.Deputy Police Chief Filsinger reported Safeway has pled guilty to the violation (sale to an underage person),thus staff has executed a Stipulation Agreement.The Agreement specifies a suspension of 50 consecutive days (20 days held in abeyance form the Stipulation Agreement dated 8/24/99,and 30 additional das from the violation that occurred 7/1/00).Said suspension of the Licensee’s 3.2%Retail Beer License to take place from 12:01 a.m.Sunday, August 20,2000 through 11:59 p.m.,Sunday,October 8,2000. Mr.H.Alan Dill,Attorney representing Safeway Stores 46,tnc.,confirmed that the Stipulation Agreement had been reviewed and executed,that the employee involved in the illegal sale was from a Greeley Store,and that Mgr. Sears impressed the seriousness of liquor violations in Estes Park to this employee.The employee has since been suspended for two weeks without pay.Mr.Dill tendered his apologies and requested the Town Board approve the Stipulation Agreement. It was moved and seconded (Doylen/Gillette)the Stipulation Agreement be approved and that the Authority orders the 3.2%Retail Beer License issued to Safeway Stores 46,Inc.,dba SAFEWAY STORE NO.920, License No.21 -70664-0038 be and hereby is suspended for a period of 50 consecutive days.Said suspension to take place from 1 2:01 a.m. Sunday,August 20,2000 through 11:59 p.m.,Sunday,October 8,2000, and it passed unanimously. 2.PUBLIC HEARING:AMENDED PLAT OF LOTS 42,43 &46,FALL RIVER ADDITION,C.F.HIX,JR.TRUST,ALMA &C.FRANK HIX, JR.IAPPLICANT:Mayor Baudek opened the Public Hearing,and Sr.Planner Joseph presented the staff report:This is a boundary adjustment between three existing lots.Lot 46A is greatly reduced in size and includes designation of a building envelope for a new single-family residence.The other two lots:42A and 43A each have existing residences,one that accesses from a private drive off Big Horn Dr.,and the other that accesses directly from the Hwy.34 Bypass.No further development is now proposed, and no further development would be possible until such time as a new subdivision proposal is submitted.The proposed tots meet all applicable lot area and dimensional standards,however,approval of this plat requires the granting of an exception from the private drive standard that limits the number of homes allowed on a private drive.The reconfiguration of Lot 46A requires access from the east across the existing private drive off of Big Horn Dr.The proposed Lot 46A also contains both wildfire hazard and rock hazard that will require some mitigation,and if approved,a note be recorded on the plat for any future property owner.The Lot 46A building envelope is in a wildfire hazard and this would also require a note on the plat.Town Attorney White has reviewed the existing access documents.Staff noted that the Planning Commission motion to conditionally approve the Amended Plat failed on a vote of 2 in favor,and 3 opposed.Staff reviewed the “findings”that should accompany any motion to approve the amended plat.Fire Chief Dorman expressed concern with the narrowness of the drive and the necessity for turn-around movements for emergency vehicles;therefore,the Applicant has offered to provide sufficient property and will construct a turn-around for emergency vehicles —staff desires the turn-around be included as a condition of approval.Planner Joseph confirmed that,if approved,a total of seven residences would access the private drive;the code allows 4 residences. Board of Trustees —August 8,2000 -Page 3 Mayor Baudek reviewed procedure that would be followed,and asked that only relevant testimony be presented;repetition does not lend more weight to the testimony. Public testimony in favor of the Plat was heard from the Applicant,Frank Hix. Mr.Hix resides on Lot 43,and Lots 42 and 46 are in a trust created by his mother,Elsie Hix for the benefit of his three daughters.Mr.Hix’goal is to reconfigure the three lots so that they are most marketable and he can liquidate the real estate holdings of the Trust at this time and provide a conservation easement.Said easement would be provided from the Applicant’s 38-ac.parcel north of this proposed site. Applicant’s representative Bill Van Horn clarified that the Applicant was proposing a boundary line adjustment,not a subdivision.As such,a property owner is required to follow the amended plat procedure;Lot 46 exists today and always has been a legal tract of land with access since 1949;the owner could at any time have obtained a building permit.The Code Geologic Hazard Map (Robinson)as well as two additional professional geologists have prepared their interpretation of the rock and wildfire hazards and the Applicant will follow any one of three,however,conformance must also be required of the neighbors.The former Estes Park Planning Commission did vote in favor of granting this exception.However,with multiple delays,this proposal was then considered by the Estes Valley Planning Commission;this Commission forwarded a vote of 2/3 in favor,thus a favorable recommendation was not endorsed.The Applicant is willing to add notes to the plat regarding rock and wildfire hazards. Public testimony in opposition to the Plat was heard from adjacent property owners Don and Barbara Widrig,John Phipps,Georgia Bihr.In summary,a Power Point illustration (a hard copy of this presentation is on file and made a record of these proceedings by reference thereto)was presented as well as a petition containing 19 signatures of neighborhood residents.Comments were made regarding access--private driveway (the Code limits private driveways to 4 residences),geologic hazard,the EVPC voted against the proposal; driveway grades exceed Code standards,potential flood disaster from an existing,unapproved driveway on proposed Lot 46A,and their collective opinion and interpretation of the Code that the proposal is indeed a minor subdivision,not a boundary line adjustment. Trustee comments/questions included the rock fall and wildfire hazards — when does the Code state mitigation efforts should be presented and to whom.Staff confirmed that a mitigation plan should be completed so as to enable the Town Board to have a sense of what mitigation would involve. Staff also confirmed the proposal is a boundary line adjustment;and Mr.Van Horn noted he has performed drainage calculations and the culverts in the existing drive on Lot 46A will carry six times the 100-yr.flood.Rebuttal comments were heard from Don Widrig who clarified that the Code recognizes the State Geologic Survey,and that particular survey should apply;the proposal does not comply to the Code,read Attorney Casey’s letter pertaining to Lot 46A,and notes on plats may cause future owners to inherit significant geologic and wildfire mitigation issues. There being no further testimony,Mayor Baudek closed the Public Hearing. Staff responded and/or confirmed the following:the Applicant’s proposal does meet Code;certain “findings”must be identified by the Board of Trustees should they desire to approve the plat;if approved,the Town Board must also identify “findings”to allow access for seven residences in lieu of the Code-required 4;testimony regarding the use of Wonderview Dr.by CDOT cannot be confirmed at this time;notes on plats are the only way to pass Board of Trustees —August 8,2000 -Page 4 information onto new buyers and have an official record;the Applicant has access by virtue of a right-of-way not an easement;and the Applicant owns a triangular portion of land and is willing,at his own.expense,to use said property for a turn-around for emergency vehicles.If approved,Lot 46A may be large enough to qualify for an accessory dwelling unit.The possibility of an accessory dwelling unit could possibly remain unless it is specifically prohibited as part of a motion for approval. Mayor Baudek declared a five-minute recess at 9:35 p.m. Mayor Baudek reconvened the meeting at 9:39 p.m. Concluding all discussion,it was moved and seconded (Habecker/Newsom) the Amended Plat of Lots 42,43 &46,Fall River Addition be approved: the Town Board does find that approval of the boundary line adjustment will not be materially detrimental to the public welfare,injurious to other property in the neighborhood,or in conflict with the purposes and objectives of this Code,the Town Board does find that the private drive exception allowing more than four dwellings on a private drive will not be materially detrimental to the public welfare,injurious to other property in the neighborhood,or in conflict with the purposes and objectives of this Code,the Town Board does find the lot meets other requirements of the Code,and stipulations are: •A note be added to the plat stating “The building envelope on Lot 46A lies within a High Wildfire Hazard area.” A wildfire mitigation plan shall be reviewed and approved by the Larimer County Wildfire Safety Coordinator prior to issuance of a building permit or certificate of occupancy. •The Town Board acknowledges the Robinson (accepted Geologic Hazard Map)Plan that states the building envelope lies outside both the rock fall area and such is acceptable. •The Applicant is to provide a turn-around for emergency vehicles. •A separate document,identifying all notes on the plat,be prepared,executed,and recorded with the Final Plat. The motion passed by the following votes:Those voting “Yes”Trustees HabeckCr,Jeffrey and Newsom.Those voting “No”Trustees Doylen and Gillette.Mayor Baudek expressed his appreciation to the audience for their participation. 3.PUBLIC HEARING:FINAL PLAT OF CHEROKEE MEADOWS SUBDIVISION.SECOND FILING.RONALD J.GORDON/APPLICANT. Mayor Baudek opened the Public Hearing,and Sr.Planner Joseph presented the staff report:This second filing p1st will create nine new El-Estate single- family lots,each approximately one acre in size.The p1st is consistent with the approved preliminary plat for this subdivision and will extend public street improvements to the east along Pawnee Dr.that will eventually connect to Hwy.7 through the adjacent Pawnee Meadow Subdivision.The Pawnee Ln. cul-de-sac serving these new lots will eventually be terminated at the Apache Acres Sub.yet to be approved as a final plat,and the cul-de-sac will eventually serve the maximum of 12 homes.The Planning Commission has approved the preliminary plat for this subdivision,and this second filing is Board of Trustees —August 8,2000 -Page 5 consistent with that approval.All staff conditions for approval have been met, and staff has reviewed final construction drawings. Public Testimony was heard from:Ross Stephen/Applicant’s representative, who stated all standards and requirements of the Town and staff have been met. Concluding all testimony,Mayor Baudek closed the Public Hearing.It was moved and seconded (Doylen/Gillette)Cherokee Meadows Subdivision, Second Filing,be approved,and it passed unanimously. 4.UPLANDS ANNEXATION AGREEMENT,ADDENDUM —ATTACHMENT OF SUBDIVISION COVENANTS —APPROVAL.Town Attorney White reviewed a memo dated August 2,2000 prepared by Community Development Dr. Stamey advising that the Town and the Uplands entered into an Annexation Memorandum of Understanding (MOU)on April 25,2000.Two paragraphs of the MOU relate to the Uplands P.U.D.Covenants: “3.Association Management.Upon annexation,the Association will continue to manage the area in accordance with the covenants and existing P.U.D.Agreement.The Assn.shall retain title to and control of the platted outlots in the property. 4.P.U.D.Agreement.The existing P.U.D.Agreement for the property with Larimer County shall remain in force and effect as it relates to the property.Any future land use changes,amendments and/or applications will be reviewed under the then current land use review and regulation procedures of the Town.Nothing in this Agreement shall affect the ability of the Assn.to maintain and enforce all covenants affecting the property.” In addition,the covenants provide for a 40’building height,and the EVDC provides for a maximum building height of 30’.Staff met with the Uplands Homeowners Assn.and staffs recommendation is that:(1)the 40’building height within the Uplands P.U.D.be specifically allowed;and (2)the status of Article XI,1,Section C be clarified by adding the following to the MOU:Guest house (accessory dwelling)shall be allowed only on Lot 42 and shall conform with the provisions of the EVDC. Stacy Patterson,President/Uplands Homeowners Assn.,confirmed that the reason the accessory dwelling would be allowed on Lot 42 (which is not yet developed)is because this lot contains 21 acres.Currently,there are 10 lots still undeveloped.Reasoning for the 40’height limit is due to the slope.An Architectural Review Committee determines the building height from the building site plan;no one has approached the 40’height limit thus far. Additionally,a condition of the MOU was that the Uplands P.U.D.would be recognized. Town Attorney White advised that the 30’height applies not only to property inside Town limits,but County properties as well.This uniform height limit came into effect when the Estes Valley Development Code was adopted by both Larimer County and the Town.Attorney White added that the accessory dwelling issue can be resolved with the Uplands covenants;there is no need for the Town Board to rule on this item. Following additional discussion/clarification,it was moved and seconded (Gillette/Newsom)the request for a 40’building height within the Uplands P.U.D.be denied,and it passed with Trustee Habecker abstaining.Mr. Patterson stated that as this denial changes the conditions of MOU,he requested the Annexation Petitions be returned as the property owners will Board of Trustees —August 8,2000 -Page 6 re-vote.Town Attorney White will clarify the height decision in a letter to the Uplands residents 5.INTERGOVERNMENTAL AGREEMENT (IGA)WITH LARIMER COUNTY FOR INCLUSION OF BALLOT QUESTION ON NOVEMBER 7,2000 GENERAL ELECTION -APPROVAL.Clerk O’Connor requested approval of this IGA with Larimer County that allows the Town to place a ballot question on the November ballot.The Town will pay its pro rata share of election expenses based on the number of registered electors and the lABOR factor. Should the Town elect not to place an issue on the November 7th ballot,the IGA would be null and void.It was moved and seconded (Newsom/Doylen) the IGA between Larimer County and the Town be approved,and it passed unanimously. Town Administrator Widmer acknowledged correspondence from the Library expressing their appreciation to affected Town workers for helping with the Annual Book Sale. There being no further business,Mayor Baudek adjourned the meeting at 10:27 p.m. U n Baudek,Mayor ‘4IL) Vickie O’Connor,Town Clerk