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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 1999-09-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission September 21,1999 Commission: Attending: Absent: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark, Alma Hix, Edward Pohl and David Thomas Chair Sager, Commissioners Burgess, Clark, Pohl and Thomas Commissioner A. Hix Also Attending: Town Liaison G. Hix, Senior Planner Joseph, and Recording Secretary Wheatley Chair Sager called the meeting to order at 1:30 p.m. 1. MINUTES of the August 17,1999 were approved with the following changes: (1) Add the word “building” after “proposed” in the third paragraph of Section 2. (2) Change “their'5 to “the applicant’s” on line 6 of Page 2. (3) Add “Joseph” after “Senior Planner” on line 2 of Section 3. 2. ANNEXATION AND ZONING Kiowa Ridge Addition, William Van Horn, Bill & Donna Pike, Robert Koehler/Applicants. Staff recommended continuation of this request to next months meeting to allow consideration and review of this request along with the associated preliminary plat. Chairman Sager asked for comments from the public and there were none. L„Vltt. „rn0.!ed a.nd seconded (Pohl/Burgess) the Kiowa Ridge nnexation be continued, and it passed unanimously with one absent. 3. SUBDIVISIONS “ed PJa! and Rezonin9> Outlot A and Lot 44, Fall River Estates th A IVer. Eftates’ *nc-^^PPl,cant- Commissioner Pohl suggested that the Amended Plat and the Development Plan be discussed togete bS tht arrTngTernat y- PaU' K°CheVar representin9 the W^ant agreed to „Ml?(chrar re"ewed ,he proposal which moves the existing open space outlot to the south in exchange for moving Lot 44 to the north The aoal is to provide for a developable area that avoids the wetlands. The s^ze of hi r;i.,|'n9:itrelatlVf,0.,he new l0,s is “"Changed. The new ouloTllll hivl hiiiiH o mr.nver fronta9e- The development plan includes two separate buildings that are connected by a covered deck. The upper level would be °®.Sln9'e res|dential unit. This proposal would not encroach the wetlands effort to^avo^ddistuibance! Wa'kWay 356 e'eVated neXt '0 ,he We"ands in an notnii°r.P,lfnner j0Seph noted that the density calculation on the plan does nnl ^,U?e f,ny square footage for the area above the deck and should be orrected. He noted that the parking required would be 2 spaces for the BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - September 21, 1999 Page 2 residence and 1 space for every 200 square feet of commercial space, regardless if there were one or two businesses on site. Mr. Kochevar advised he will put a label on the plan to note that the deck is an entry only and that it will not be used as a business space. Senior Planner Joseph reviewed the staff report. Staff recommended approval based on the fact that this is an improvement of the existing layout of the lots protecting the wetlands and riparian areas. He requested Mr. Kochevar to confirm the outlet of a culvert that had been noticed. Mr. Kochevar advised he would have that surveyed and will provide a drainage easement to the river if necessary. Staff requested the addition of that condition to the approval of the amended plat. Senior Planner Joseph then reviewed the conditions for the development plan. He noted that Condition 7 was no longer applicable and could be deleted. Two additional conditions should be added: 7. A note shall be added to the development plan that states the wetlands are not to be disturbed by construction activities or subsequently by use of the lot by the residents for commercial purposes. 8. If there is a storm drain and if the discharge of the drain crosses any part of Lot 44a, a drainage easement shall be shown on the development plan. Commissioner Thomas noted that one adjacent property owner was omitted and that he would request that a packet be sent to that party prior to presentation to the Town Board. Public Comments: Ken Czarnowski, adjacent property owner, spoke in opposition of this plan. Comprehensive Plan provides protection of open space. It does not state that open space is available for sale or trade. In October 1993 a number of covenants were made which required open space be available to all owners of Fall River Estates and that any change would require 75% of the members approval. He requests that the replatting be denied. Chair Sager asked for confirmation that the prposed outlet is the same size as the original outlet. Senior Planner confirmed that the purpose is being preserved in this proposal. More importantly the rights of the owner to build on the current Lot 44 exists, but would be better if built on the proposed lot. Mr. Czarnowski feels the Commission would be setting a precedent that open space can be sold or traded and this would change the vision of the original development. He identified his lots as 3 & 4. Patty Czarnowski also spoke and said they had been assured by their realtor that the open space would always be there. They would lose a lot of their property value if this development were allowed. She stated the applicant should develop the original Lot 44 and work with the Corps of Engineers to develop it correctly within the wetlands. Commissioner Thomas asked for clarification as to the limitations there are to future developers from taking open space and outlets and using them for some other use. Senior Planner Joseph advised that normally the homeowners would hold title to the outlet and not the developer which is BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - September 21, 1999 Page 3 4. the case here. Whoever has an interest in the property and is in a position to control the decisions regarding that property has a right to request a change. Ownership in this case was never turned over to the homeowner’s association. The Commission determined neither covenants nor realtors’ statements have any legal bearing on their decisions. Covenants may be relevant to the discussion; however the Town does not attempt to involve itself with the enforcement of covenants. Legal clarification was requested as to the permanence of outlots and open space. It was moved and seconded (Burgess/Thomas) the Amended Plat and Rezoning, Outlot A and Lot 44, Fall River Estates, be continued, and it passed unanimously with one absent. It was moved and seconded (Thomas/Clark) the Development Plan 99- OS, Block 1, Fall River Estates, be continued, and it passed unanimously with one absent. REPORTS - None 5. ADJOURNMENT There being no further business. Chairman Sager adjourned the meeting at 2:33 p.m. Meribeth Wheatley, Recording Secretary