HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 2000-02-15BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Regular Meeting of the Estes Park Planning Commission
February 15,2000,1:30 p.m.
Board Room (Room 130), Estes Park Municipal Building
Commission: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark,
Alma Hix, Edward Pohl and David Thomas
Attending:All
Also Attending: Trustee Liaison G. Hix, Directory Stamey, Town Attorney White,
and Recording Secretary Wheatley
Absent:None
Chair Sager called the meeting to order at 1:30 p.m.
1. MINUTES of the January 18,2000 meeting were approved as presented.
2. SPECIAL REVIEW
a. Special Review 00-02, Lot 20, Little Prospect Addition & Lot 3, Murphy
Subdivision, Timothy Wright and Denise Owens/Applicants. Ross
Stephen from Rocky Mountain Consultants was present to represent the
applicants. Director Stamey reviewed the staff report, comments from the
regulatory agencies and correspondence received from the Estes Valley
Community Service coalition and AARP. The 30-foot buffer should be
noted on the plan. Ross Stephen reviewed the proposal and letter of
intent. Two of the existing houses would be removed and the current
duplex converted to a single-family residence. The garage that is under
construction will be retained. Mr. Stephen responded to each of the staff
recommendations and advised that the applicant would provide a deed
restriction to limit the use of the property to an assisted living facility.
Service lines will be located when construction begins and placed in a
dedicated easement at owner’s expense. There will be a total of 20
parking spaces for residents, guests and employees. A 20 ft. wide access
easement to the Willard property and 20 ft. wide utility easement will be
shown on the final development plan and plat. All exterior walkways and
ramps currently meet or exceed ADA requirements. A retention porid will
be included on the final plan. The location of a 5 ft. sidewalk along Stanley
Avenue will be determined with staff. Extra ROW will be provided to the
Town In the southeast corner of the property. The amended plat will be
renamed Wright Subdivision, Lots 1 and 2. The facility will be a private,
for profit, enterprise rather than a non-profit as stated in the letter of inten .
ADA requirements will be met.
Steve Lane, architect for the project, advised that the entire building
complied with ADA requirements. This facility will oare for senl°[®
respect to their assistance with mobility and daily living chores, such a
meal preparation, dispensing medicine, etc., but all residentswouidbe
ambulatory. With respect to the UBC, because this faci ity has a
heightened level of care, this facility falls into the InstitUional catego^.
The building will be fully sprinklered. Mr. Lane responded to questions
from the Commission regarding the design of the building.
Tim Wright, applicant, advised that an RN would be present or oncallto
dispense medication. Mr. Wright responded to questions from the
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Estes Park Planning Commission - February 15,2000 Page 2
Commission regarding the programs and management of the facility. The
program and food services would be operated by the management
company, which had not been selected yet. They are currently
investigating two management companies. It will be an assisted living
center, predominately for seniors but not exclusively so. The approximate
charges will be $2,500 to $3,000 per month. There will be a staff present
24 hours a day. They are considering using cut and fill to create the level
lot for the building. Other than allowing for 2 to 4 Medicaid beds,
acceptance of residents will be determined on a first come-first served
basis.
Kathleen Casey, attorney for the applicant, commented on the aesthetic
improvements to the area by this facility and that Mr. Willard’s property is
current under contract to Mr. Wright.
Public Comment:
Patrick Cipolla - spoke in support of the proposal.
Louise Olson, Estes Valley Community Services Coalition - spoke in
support of the proposal.
Eric Blackhurst - spoke in support of the proposal.
Ed McKinney - commented on staffing and the need to provide proper
management.
Chair Sager closed the public hearing on the Senior Assisted Living Center
at 2:39 p.m.
Mr. Stephen, Mr. Lane and Mr. Wright responded to additional questions
from the Commission. Bear proofing trash enclosures will be handled.
Postal box location may not be needed as mail could be picked up at the
post office and then delivered to the units, or an additional postal cluster
box could be added to the concrete pad on Prospect Avenue. The 30-foot
height meets the Town code requirement that was in effect at the time of
the application. An expected completion date to build this building would
be 10 to 12 months. The distance from the bedroom to the bathroom was
discussed. They are hiring a consultant to provide advice with the floor
plan, which may be “tweaked.” State regulatory boards oversee the
assisted living management companies. The single-family residence on
the property will have 4 to 5 bedrooms to help house employees. Current
code allows up to 8 unrelated individuals living in a single family housing
unit. Willard’s house may be used for employee housing. Concern was
expressed by Staff regarding the adequacy of parking for residents,
employees and guests. It was noted that parking would need to be
maximized and that on-street parking is not permitted. Mr. Stephen
responded that additional parking would create more asphalt coverage and
less open space and the applicant would prefer not to Increase the parking
any more than it is now. Three additional parking spots could be added by
the existing garage with no additional asphalt. Mr. Wright stated that the
parking for the residents will be limited, and at least 12 residents will not
have on-site parking. This will be provided for in the residents
agreements. Four handicap parking spots are provided by the front door.
The units allow for one bed per unit, which could accommodate couples.
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Estes Park Planning Commission - February 15,2000 Page 3
Staff suggested that the rezoning be acted upon prior to the vote on the
special review development plan.
It was moved and seconded (Hix/Clark) that the rezoning for Lot 20,
Little Prospect Addition and Lot 3, Murphy Subdivision, be
recommended for approval with the following conditions, and it
passed unanimously.
1. Approval of the Special Review Development Plan for the proposed
assisted living facility by the Town Board.
2. Construction and operation of the assisted living facility as approved,
within 18 months of approval of the Special Review Development Plan.
The Town reserves a right to consider rezoning the property for failure
of the applicant to build and occupy the assisted living project as
approved.
Since staff recommendations have all been accepted by the
applicant, it was moved and seconded (Pohl/Burgess) that the Special
Review 00-02, Lot 20, Little Prospect Addition and Lot 3, Murphy
Subdivision, be recommended for approval with the following
conditions, and it passed unanimously.
1. The existing duplex that is to be saved shall be converted into a single
residence.
2. Existing underground utility service lines crossing the property to serve
adjacent properties shall be found and relocated into dedicated utility
easements at the developer’s expense.
3. The applicant shall provide a deed restriction to limit the future use of
this development to senior assisted living. The Town shall be a party to
this deed restriction. f
4. Owner/Operator shall manage and provide for onsite parking for
residents, guests, and employees. (Vehicle restrictions to be included
in lease agreements, as stated by the applicant.)
5. Any future change in use of this development shall require prior special
review development plan approval by the Town Board.
6. All exterior pedestrian walkways and ramps shall meet ADA standards
for accessibility.
7. A five-foot wide sidewalk shall be extended along Stanley Avenue.
Sidewalk location shall be determined with staff approval.
8. A two rail fence shall be constructed along the BOR property line as per
BOR request.
9. The 30 foot buffer setback will be noted on the plan.
10. Prior to construction, the footing and foundation shall be located by
survey and verified by the Building Official.
11. The water main must be relocated. The current size must be
maintained. Wet taps at each end of the relocation project will be
12. Construction drawings are required for the project. On a profile show
potential conflicts with other utilities. Show pipe restraining table from
Town Specifications. • n ^ d ^
13. Show utility easement locations when utility is not in Road Hignt or
14. Only one tap for the two buildings will be allowed. This should be
shown on the construction plans.
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Estes Park Planning Commission - February 15,2000 Page 4
3.
15. The water line connection plans shall be approved prior to Final Plat
approval.
16. Prior to being placed on the Town Board agenda, drainage construction
plans and details will be approved by the Public Works Director.
17. A set of construction drawings, signed by the Public Works Director,
must be obtained prior to any construction.
18. Within 45 days after completion of the water line portion of the project.
Deed of Ownership on the water main and as-built drawings are
required prior to first building permit in the phase, including all service
line information and valve box locations.
19. Contractors must call Utilities Notification Center of Colorado prior to
excavating (800-922-1987).
20. The Special Review Statement of Intent includes a statement that
operators of assisted living facilities have failed primarily because land
locations required governmental rezoning requests that have failed.
That statement needs to be corrected on the Statement of Intent.
21. Note #5 on the Development Plan regarding building height should be
revised to read “Building height shall comply with Section 17.20.050 of
the Municipal Code.”
22. The access driveway running through the center of the lot needs to
indicate that it will be vacated on the Amended Plat.
23 This development shall comply with Municipal accessibility
' requirements (’97 UBC, chapter 11). In addition to Municipal
requirements, it is the developer’s responsibility to comply with State
and Federal accessibility laws.
24. The Code requirements for R-1, congregate residences, and 1-2,
nursing homes, vary greatly. The issue is the unassisted self-
preservation abilities of the residents. Therefore, the developer is
required to be very specific as to the definition of “assisted living.
25 The extension of the main sewer line from Dunraven Street to t e
property needs to be 8” PVC and end in a manhole as shown on the
plat The line must be deeded to the Estes Park Sanitation District.
The service line that connects to this main will also need to be 8 Pvu
26. System Investment Fees (for EPSD) will apply on the proposed
structures27. The project will be completed within 18 months from approval of Town
28. Final plans will reflect the landscape plan approved by the Board of
Adjustment (including lighting).
Mike Quinn asked for clarification of the time limit. The 18-month penod
starts upon approval by the Town Board.
Mrs. Fields - asked tor clarification about and the importance of the
landscaping plan.
aUAmJrldS|Npiat, Lot 20, Little Prospect Addition and Lot 3, Murphy
Subdivision, Tim Wright and Denise Owens/Applicants. Director
ItamTy ^wed the staff report. Mr. Stephen advised the applicant
agrees to the recommendations of the staff.
It was moved and seconded (Thomas/Hix) that the Amended Plat for
Lot 20, Little Prospect Addition and Lot 3, Murphy Subdivision, be
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - February 15,2000 Page 5
recommended for approval with the following conditions, and it
passed unanimously.
1. Additional street right of way shall be dedicated at the southeast comer
of the lot next to Stanley Avenue so that the property line forms a radius
that follows the edge of pavement approximately eight feet back from
the asphalt.
2. The Willard easement should be specifically labeled and dedicated as
an exclusive access easement to serve the Willard lot (Portion of Lot
20), and this easement should be expanded to a width of twenty feet (to
be an access/utility easement). Access needs to be specific to the
Willard property.
3. The two new lots shall be designated and labeled on the plat as Lot 1
and Lot 2, for convenient future reference, and their respective lot areas
shall be noted. The old lots that are eliminated with this plat shall be
labeled as “former lots.”
4. All existing utilities shall be relocated into dedicated easements as
required.
5. Show utility easement abandoned with this plat, and new utility
easement.
6. An improvement guarantee shall be provided and approved prior to
amended plat being placed on the Town Board agenda.
7. The new water line easement shall be 20 feet wide and should be noted
on the plat.
8. Water line construction plans shall be approved prior to the amended
plat being placed on the Town Board agenda.
9. Drainage construction plans must be approved prior to amended plat
being placed on the Town Board agenda.
10. The Dedication Statement needs to be changed to dedicate a private
access easement and public utility easements.
11. The easements need to be labeled as to whether they are private
access and/or utility easements.
12. The note on the plat that reads “Property lines to be vacated” should be
revised to read “Former property lines...”
13. The note on the plat that reads “20’ utility easement to be abandoned ^
should be revised to read “20’ utility easement abandoned by this plat.
b. Amended Plat, Lots 1A & 2A, Amended Plat of Lots 1 & 2, Tiny Town
Subdivision, Gary Mitchell/Applicant. Based on the applicant’s request,
it was moved and seconded (Hix/Clark) to continue Amended Plat,
Lots 1A & 2A, Amended Plat of Lots 1 & 2, Tiny Town Subdivision to
the March 21,2000 meeting and it passed unanimously.
c. Preliminary Plat, Pawnee Meadow Subdivision, Scott Miller/Applicant.
’ Paul Kochevar from Estes Park Surveyors was present to represent the
applicant and reviewed the modified proposal. The owners have reviewed
the staff recommendations and are in concurrence. Access permit has
been issued by CDOT. Cluster boxes will be included with the first phase
of development. The ROW is wide enough for a pathway. It is the owner’s
intent to connect with city water and sewer to the two existing houses.
Director Stamey reviewed the staff report.
There was no public comment.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - February 15,2000 Page 6
it was moved and seconded (Burgess/Pohl) that the Preliminary Plat
for Pawnee Meadow Subdivision be approved with the following
conditions, and it passed unanimously.
1. The statement of intent mentions phasing the subdivision. Plans for the
temporary hammerhead turnaround shall be submitted for Public Works
review. A specific phasing proposal should also be provided for review.
Pawnee Drive shall be constructed to the north property line with the
Second Filing of Pawnee Meadows Subdivision at the
owner/developer’s expense.
2. Preliminary street construction plans shall be prepared to a level of
detail sufficient to allow Town Staff to determine if the proposed Right
of Way width is adequate to accommodate future design and
construction of public pedestrian and bicycle connections. The
applicant shall obtain final review and approval of all street and utility
construction plans prior to placing a First Filing final plat on the Town
Board agenda.
3. The applicant shall provide a copy of the access permit from CDOT.
4. The final draft of the Covenants controlling the Wetlands Easement
shall be submitted for Town Staff review prior to approval of a Final
Plat. These covenants shall permanently protect the wetlands. Any
construction of roads and utilities in the wetlands shall require an Army
Corps permit prior to disturbing the wetlands. The Wetlands Easement
boundary shall provide a minimum building setback on Lot 3 only, and
the wording on this note should be revised accordingly. All other lots
with wetlands shall comply with the wetlarids building setback
requirements effective at the time the building permit is issued
(currently 50 ft.). The boundary of the Wetlands Easement shall be
shown on the Final Plat with a complete legal description and shall be
marked in the field in some permanent fashion that will enable
prospective buyers and future owners to easily see the boundary on the
5 The existing unimproved road that runs through the property sh^l be
' removed and revegetated (except where it may serve as a futuredrive
on Lot 8). The developer shall be responsible for this work, and it shall
be noted on the construction plans submitted with the final plat and
shall be covered in the improvement guarantee.
6 All disturbed areas shall be re-vegetated upon completion of the road
■ construction and utility instailation. These areas sha"
limitation, ail cut and fill slopes, and all underground utility i^taHatiore^
A separate quantity estimate and line item for this work shall
included in the Engineer’s finai estimate. . . o
7. The existing resident on Lot 4 shall be required to conned to the
sanitary sewer system upon approval of a final plat for that lot.
8 Postal cluster boxes shall be shown on the street construction drawings
8’ and approve by the Public Works Department and the Postmaster.
d. Final Plat, Pawnee Meadow Subdivision, First Filing, Scott
Miller/Applicant. Director Stamey reviewed the staff report.
EdwIcKhmeiT-expressed appreciation for those involved in getting this
project done.
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - February 15,2000 Page?
It was moved and seconded (Thomas/Pohl) that the Final Plat for
Pawnee Meadow Subdivision be recommended for approval with the
following conditions, and it passed unanimously.
1. Plans for the temporary hammerhead turnaround shall be submitted for
Public Works, for review and approval prior to placing this First Filing
Final Plat on the Town Board agenda.
2. The applicant shall obtain final review and acceptance by Public Works
of all street and utility construction plans prior to placing a First Filing
Final Plat on the Town Board agenda.
3. The CDOT access permit will be provided.
4. The final draft of the Covenants controlling the Wetlands Easement
shall be submitted for Town Staff review and approval prior to placing
this First Filing Final Plat on the Town Board agenda. Noting the Corps
of Engineers comments, any construction of roads and utilities in the
wetlands shall require an Army Corps permit prior to disturbing the
wetlands. Following the initial utility installation, the wetlands shall be
permanently protected. The Wetlands Easement boundary shall
provide a minimum rear building setback on Lot 3 only (this note shall
read accordingly). All other lots with wetlands shall comply with the
wetlands building setback requirements effective at the time the
building permit is issued (currently 50ft.). The boundary of the
Wetlands Easement shall be marked in the field in some permanent
fashion that will enable prospective buyers and future owners to easily
see the boundary on the lots.
5. All disturbed areas shall be re-vegetated upon completion of the road
construction and utility installation. These areas shall include, without
limitation, all cut and fill slopes, and all underground irtility installations.
A separate quantity estimate and line item for this work shall be
included in the Engineer’s final estimate.
6. The existing residence on Lot 4 shall be required to connect to the
sanitary sewer system. Connection fee to be included in the
improvement guarantee.
7. All required revisions to the approved Preliminary Plat and related
preliminary road and utility plans shall be made, and a final file copy
furnished to the Community Development Department prior to placing
the First Filing Final Plat on the Town Board agenda.
8. The Engineer’s estimate for First Filing improvements, including street
and utility construction costs, shall be provided to and accepted by
Public Works prior to placing this First Filing Final Plat on the Town
9 Postal cluster boxes shall be shown on the street construction drawings
' and approved by the Public Works Department and the Postnniaster.
10. Subsequent approval of further subdivisions within the Pawnee
Meadows Subdivision as depicted on the approved Prelimina^ a
shall require construction of a through street connection to the adjacent
street network. A note to this effect shall be placed on the plat.
Owners of Lots 4 and 5 will be responsible for construction costs.
11. An improvement guarantee and letter of credit be provided an
approved by staff prior to being placed on the Town Board agenda.
12 The homeowners’ association shall be responsible for all maintenance
of the dead-end Pawnee Drive street, until such time as a through street
connection is made and Public Works has accepted the maintenance
responsibilities for the through street. A draft of the homeowners
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Estes Park Planning Commission - February 15,2000 Page 8
shared maintenance agreement shall be provided for Town review and
acceptance prior to placing the Final Plat on the town Board agenda.
e. Preliminary Plat, Tracts 43 & 46, Fall River Addition, Charles Franklin
Mix, Jr. Trust/Applicant. At the applicant’s request, it was moved and
seconded (Clark/Thomas) to continue Preliminary Plat, Tracts 43 &46,
Fall River Addition to the March 21, 2000 meeting and it passed
unanimously with one abstention (Commissioner Hix).
f. Amended Plat, Lots 11A, Amended Plat of Lots 11, 12 & 13, Park
Entrance Estates, Janice Larkin/Applicant. At the applicant’s request, it
was moved and seconded (Hix/Clark) to continue the Amended Plat,
Lots 11 A, Amended Plat of Lots 11,12 & 13, Park Entrance Estates to
the March 21,2000 meeting and it passed unanimously.
g. Amended Plat, Lot 1, Mount View Park and a portion of Meyer’s
Addition, Jim Sloan/Applicant. At the applicant’s request, it was moved
and seconded (Burgess/Hix) to continue Amended Plat, Lot 1, Mount
View Park and a portion of Meyer’s Addition to the March 21, 2000
meeting and it passed unanimously.
4. DEVELOPMENT PLAN .
a. Development Plan 00-04, Lot 4, Beaver Point 3 Addition, Cedar
Ridge Condominiums, Jack Williams/Applicant. Paul Kochevar o
Estes Park Surveyors represented the applicant and reviewed the
proposal. Commissioners expressed concern regarding the removal an
destruction of the trees and rock outcroppings on this site.
There was no public comment.
Director Stamey reviewed the staff report. The speliing of Cedar Ridge
needs to be consistent on the piat, especiaily for the Larimer Coun y
Emergency Telephone Authority. A new Improvement Guarantee is
required prior to the amended Plat being placed on the Town Board
aoenda A vicinity map is needed on the plan. Commissioners asked if
attemative plans had been considered in orderto save some of the natu
landscaping features.
Recognizing that this Commission does "°‘ l?aVe *!'LaJfrih.0hI?,the
deny the owner of the use of his property, but having heardthat
oZer is tire of the concern relating to the destruclion of natura
ttemlte on the land and has been endeavoring to relowte some of
the buildings so as to avoid the destruction of the natural elemente, rt
was moved and seconded (Pohl/Hix) to continue Development Pla^
00 04 Lot 4 Beaver Point 3rd Addition, Cedar Ridge Condominiums
Marti 21 MM meeting so that the owner can be made aware of
tht concern Expressed here today and hopefully will submit a plan
more acceptable by this Commission. Motion passed unanimous y.
5. REPORTS
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Estes Park Planning Commission - February 15,2000 Page 9
There being no further business, Chair Sager adjourned the meeting at 4:28 p.m.
Al Sager, Chair ''
cretary