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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2003-10-21Regular Meeting of the Estes Valley Planning Commission October 21, 2003, 1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Wendell Amos, Commissioners George Hix, Richard Homeier, Bill Horton, Joyce Kitchen, Edward Pohl, and One Vacancy Attending: Chair Amos, Commissioners Hix, Homeier, Kitchen, and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: Town Board Liaison Habecker, Commissioner Horton and One Vacancy Chair Amos called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated September 16, 2003. b. Development Plan 03-15, Stanley Avenue Condominiums, Lot 32B of the Amended Plat of Lots 32A & 33A of the Amended Plat of Lots 32, 33, 34, 35 & Portions of Lots 1, 31, & 37, White Meadow View Place Addition, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection – Withdrawn by Applicant. c. Special Review 03-01, A’Ok Used Cars, Lot 7, Lone Pine Acres Addition, 1855 North Lake Avenue – Withdrawn by Staff. It was moved and seconded (Hix/Homeier) that the Consent Agenda be accepted with the removal of Item 1.d. Boundary Line Adjustment, Grubsteak, Lot 35 & Lot 36, Block 6, Hupp Addition and it passed unanimously with one absent and one vacancy. 2. PUBLIC COMMENT None. 3. BOUNDARY LINE ADJUSTMENT, THE GRUBSTEAK, LOT 35 & LOT 36, BLOCK 6, HUPP ADDITION, 134 W. Elkhorn Avenue, Applicant: Allie & Charles Jones Planner Shirk reviewed the staff report. This is a request to combine two lots into a single lot. The purpose of the amended plat is to eliminate the intervening lot line and allow for future expansion of the existing buildings. Michael Haber, owner of the lot to the east, questioned the pedestrian access and how it would affect his property. Planner Shirk reviewed the public right-of-way and pedestrian access. He stated it would not affect the neighoring properties. It was moved and seconded (Pohl/Hix) to recommend approval to the Town Board of Trustees of the Boundary Line Adjustment, Lot 35 & Lot 36, Block 6, Hupp Addition, 134 W. Elkhorn Avenue and it passed unanimously with one absent and one vacancy. 1. Reformat plat for recording (remove improvements). 2. Increase font size of Lot 35A area calculation. 3. Reducing perimeter cross-hatching to 1/8”. 4. A utility easement, 10 feet wide and centered on the overhead power lines, shall be dedicated. 5. The area 15 feet north of the centerline of Weist Drive shall be dedicated as public right-of-way. The area 5 feet north of that shall be dedicated as a pedestrian access and utility easement. Estes Valley Planning Commission 2 October 21, 2003 4. BOUNDARY LINE ADJUSTMENT, COYOTE SUBDIVISION, PORTIONS OF SECTION 8, T5N, R72W, East Side of Devil's Gulch Road near intersection of McGraw Ranch Road and Devil's Gulch Road, Applicant: Carol Bissell Planner Shirk reviewed the staff report. This is a request to reconfigure four existing parcels. The lots are currently 2.47, 4.20, 27.73, and 41.84 acres, and are proposed to be 6.16, 6.16, 22.25, and 41.67 acres. The two lots that are proposed to be 6.16 acres are currently smaller than 10 acres, and are moving towards conformity with the minimum lot size. The other two meet the minimum lot size. This request is in conjunction with the proposed Coyote Ridge Subdivision, which the Planning Commission voted to recommend conditional approval at their September meeting. It is staff’s opinion proposed Tracts I and II should have limits of disturbance delineated, which would minimize the impact on surrounding properties. All four lots will receive access from the existing driveway. A driveway maintenance agreement should be recorded with the final plat. A 20 foot trail easement should be dedicated along the eastern Devil’s Gulch Road right-of-way, as discussed with the preliminary plat. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the applicant agrees with the conditions of approval. Public Comment: None. It was moved and seconded (Hix/Homeier) to recommend approval to the Board of County Commissioners of the Boundary Line Adjustment, Coyote Subdivision, Portions of Section 8, T5N, R72W, East Side of Devil's Gulch Road Near Intersection of McGraw Ranch Road and Devil's Gulch Road and it passed unanimously with one absent and one vacancy. 1. Compliance with applicable standards of the Estes Valley Development Code. 2. Limits of Disturbance shall be established for all tracts. These shall reflect proposed property lines and building setback lines delineated on the proposed preliminary plat. 3. A 20 foot trail easement shall be dedicated along the eastern Devil’s Gulch Road right-of-way. 4. A driveway maintenance agreement shall be recorded with the final plat. 5. The dedication statement shall dedicate the perpetual utility easements for drainage. 6. Placement of a title line for the “Boundary Line Adjustment Statement”. 5. AMENDED PLAT OF LOTS 32A AND 33A OF THE AMENDED PLAT OF LOTS 32, 33, 34, 35 AND PORTIONS OF LOTS 1, 31, AND 37, WHITE MEADOW VIEW PLACE ADDITION, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection, Applicant: Don E. Darling. Planner Chilcott reviewed the staff report. This is a minor subdivision (amended plat) application to combine two multi-family residentially zoned lots into one lot. This plat also vacates and dedicates utility easements. The applicant plans to redevelop the property and by combining the two lots into one the applicant will be entitled to build one extra unit. This property is also subject to a development agreement that allows for a six unit density transfer from Lot 31A to Lot 32A. This request has been submitted to all applicable reviewing agency staff and neighbors for consideration and comment. The existing development is nonconforming as to density and some buildings are nonconforming as to setbacks. Approval of this plat does not make existing nonconforming structures conforming. The existing use is permitted in this zoning district. Staff does not recommend platting limits of disturbance with this plat. There are two existing curb cuts onto Stanley Avenue, one for each lot, which will remain. The Town has not required upgrades in water mains, fire hydrants, electric and street lighting systems, sanitary sewer systems, underground utilities, stormwater drainage, water systems, or fire safety for lot combinations since no new lots are created. This plat does dedicate ten foot public Estes Valley Planning Commission 3 October 21, 2003 utility easements along all property lines. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the conditions of approval are agreeable to the property owner. Public Comment: None. It was moved and seconded (Homeier/Kitchen) to recommend approval to the Town Board of Trustees of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32, 33, 34, 35 and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, 448 Stanley Avenue and 519 South Saint Vrain and it passed unanimously with one absent and one vacancy. 1. Compliance with Greg White’s memo dated October 6, 2003. 2. The applicant shall comply with EVDC §10.5.I Monuments. 3. The Saint Vrain Lane right-of-way width shall be shown. 6. PRELIMINARY CONDOMIMIUM MAP, STANLEY AVENUE CONDOMINIUMS, LOT 32B OF THE AMENDED PLAT OF LOTS 32A AND 33A OF THE AMENDED PLAT OF LOTS 32, 33, 34, 35 AND PORTIONS OF LOTS 1, 31, AND 37, WHITE MEADOW VIEW PLACE ADDITION, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection, Applicant: Don E. Darling. Chair Amos questioned whether or not Planning Commission should review this item before reviewing the full development plan. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the applicant wanted to move this item forward to the Town Board in order to begin selling condominiums that are already built. The applicant agrees to a one month continuance. Planner Chicott stated that staff recommends Development Plan #03-16, to be reviewed by Planning Commission on November 18, 2003, serve as the Stanley Avenue preliminary condominium map because the development plan will be reviewed to ensure compliance with the same adequate public facility standards with which the condominium map must comply. Public Comment: None. It was moved and seconded (Hix/Kitchen) to continue this item to the November 18, 2003 Planning Commission meeting and it passed unanimously with on absent and one vacancy. 7. MINOR SUBDIVISION AND REZONING REQUEST, WITT SUBDIVISION, LOT 2, SEYBOLD SUBDIVISION, 900 W. Elkhorn Avenue, Applicant: Bradley & Eunice Witt. Planner Shirk reviewed the staff report. The applicant proposes a minor subdivision and partial rezoning of Lot 2, Seybold Subdivision. Specifically, the applicant wishes to divide one lot into four, and rezone three of those lots from the “CO” Commercial district to “A-1” Accommodations. Proposed Lot 1, existing bed and breakfast, would remain “CO”, while the other three lots would be zoned “A-1”. Proposed Lot 2 would be large enough for a duplex, while Lot 3 and 4 would be sized for a single-family dwelling. It is staff’s opinion the change in zoning from the “CO” Commercial district to the “A-1” Accommodations district would serve to protect the single-family character of the neighborhood, and prevent potential adverse commercial uses from locating on this lot. The proposed subdivision is consistent with land use, growth management, housing, mobility and circulation, and scenic and environmental quality policies established with the Estes Valley Comprehensive Plan. The proposed lots comply with the minimum lot width and size standards established for the “CO” and “A-1” districts, and will allow structures to comply with applicable building setback and height standards. Estes Valley Planning Commission 4 October 21, 2003 Ross Stephen of Cornerstone Engineering and Surveying was present to represent the applicant. He stated the applicant agrees to the conditions of approval. The applicant would like the current trail to remain in its present state. The applicant does not have any problem with the general public using the trail. They do not want to see a bike path in the future. Public Comment: None. It was moved and seconded (Pohl/Hix) to recommend approval to the Town Board of Trustees of the Minor Subdivision and Rezoning of Lot 2, Seybold Subdivision, 900 West Elkhorn Avenue and it passed unanimously with one absent and one vacancy. 1. The following note shall be placed on the final plat: “The delineated Limits of Disturbance shall apply unless modified by a site specific development plan.” 2. A 15 foot wide trail easement centered on the existing trail shall be dedicated to serve the existing fisherman’s/wildlife trail. 3. The 30 foot river setback shall be delineated on the plat. 4. A joint driveway maintenance agreement shall be presented with recording of the plat. 5. The access easements shall be further defined with bearings and distances. 6. Per Section 10.5.K “Public Improvements” of the EVDC, all required improvements shall be installed or the subdivider must guarantee the installation of such improvements. These shall include the driveway entrance design and construction, which shall be subject to review and approval of Public Works, and applicable electrical engineering, which shall be subject to review and approval of Light and Power. 7. Issuance of a CDOT access permit. 8. ESTES VALLEY DEVELOPMENT CODE Public Comment: None. Director Joseph stated he would like to take Block 7 items to the Town Board as one presentation. He stated staff has minor changes they would like to make before the Planning Commission reviews the code changes. He introduced Item 6, Single Family Residential Exemptions, which will be included in next months packets. Planner Shirk reviewed the changes to Appendix D. He stated they are trying to clean up the language. He also stated he is waiting for comments from the Larimer County Engineering Department. 9. REPORTS Director Joseph stated applications are still being accepted for the current vacancy. Commissioner Homeier stated that it would be helpful to receive a monthly report on the current status of items forwarded to the Town Board and the County Commissioners by the Planning Commission. There being no further business, meeting was adjourned at 2:30 p.m. __________________________________ Wendell Amos, Chair __________________________________ Jacquelyn Williamson, Recording Secretary