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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 1999-01-19BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission January 19,1999 Commission: Attending: Also Attending: Absent: Chair Al Sager, Commissioners Mark Brown, Harriet Burgess, Stephen Gillette, Alma Hix, Edward Pohl and David Thomas Chair Sager, Commissioners Burgess, Gillette, A. Hix, Pohl and Thomas Trustee Liaison G. Hix, Senior Planner Joseph, and Recording Secretary Wheatley Commissioner Brown Chair Sager called the meeting to order at 1:30 p.m. 1. MINUTES of the December 15,1998 meeting were approved. 2. ELECTION OF OFFICERS FOR 1999 Al Sager was nominated Chair and it passed unanimously. Ed Pohl was nominated Vice Chair and it passed unanimously. The Community Development Secretary or designee was appointed as Recording Secretary. 3. CONSENT AGENDA a. Amended Development Plan 95-03, Lots 22,23 and Portion of Lot 16, Sunny Acres Subdivision (The Wiilows), Arnold, Jowayne and Roy Johnson/Applicants. This is a minor revision to the Amended Development Plan approved at the August, 1998 Planning Commission meeting. This latest revision involves a minor revision to the footprints of the two units, and an adjustment of the position of the units to move them closer to the river. The new plan positions these units along the thirty foot river set back line. The plan proposes to protect existing trees by fitting the units and attached decks around the existing trees. The river setback is maintained and the access is unchanged. There is no net change in the density. Staff recommended approval, and as there were no comments, consent agenda passed. 4. SUBDIVISIONS a. Preliminary Plat, Sleepy Hollow Subdivision, A Portion of the South Vz of Section 22, T5N, R73W, of the 6th P.M., Fall River Road, West of Trails West On The River & Black Hawk Lodge, Gary D. Connely, Tejas lnc./Appllcant. Kerry Prochaska with Rocky Mountain Consultants reviewed the changes that have occurred in the last 3 months. The north edge of the property boundary was revised due to a court decree, other boundary lines of lots were adjusted to better fit the existing terrain, and shared driveway accesses to Lots 1 & 2 and Lots 9 and 10 were established. Senior Planner Joseph reviewed the staff report. Staff has received revisions to both the Plat and the road construction plan. The boundary adjustment as per the Court Decree has been shown and Rocky Mountain Consultants as licensed Professional Land Surveyors asserts the new boundary is accurate. The street construction plan sheet now shows the location of Mr. Tawne/s dumpster and parking as per the Court Decree. The layout of the lots has been adjusted to provide a better fit with the existing terrain. Staff now recommends approval of the Preliminary Plat with conditions. Commissioner Pohl requested some changes be made to the plat for clarification purposes. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 2 Jim Tawney/Ponderosa Lodge spoke regarding his concerns that there was only one access. This development would create too much density for the area and would substantially change the nature of the area, which in turn would devalue Mr. Tawne/s property. He indicated there was still a disagreement concerning the 14 feet along the north boundary. He asked for clarification regarding the proposed two lane bridge mentioned by Senior Planner Joseph. Senior Planner Joseph advised that the original Preliminary Plat approval that has now expired allowed for the Town to require the homeowners association to widen the existing bridge to two lanes. Mr. Tawney believes there is no room for a two lane bridge. Mr. Prochaska was asked to respond to Mr. Tawney’s concerns. He commenced by pointing out that zoning allows 58 family units and they are only building 10. In regards to the bridge, in the event the Town requests it, the homeowners’ association will pay to have it widened. The widening of the bridge would in all likelihood encroach on Mr. Barker’s property. They have not as yet been in touch with Mr. Barker. Chair Sager noted that there was no indication of an emergency access easement on Lot and would like that identified on the Preliminary Plat. Mr. Prochaska agreed to identify an emergency access easement as well as a utility easement on the Final Plat. Senior Planner Joseph presentedTown Attorney White’s menrio indicating that it was not the responsibility of the Commission to decide the oiAcome of the court decree. Mr. Prochaska made the correction to the memo that on line 2 of paragraph 3, that the term “licensed engineer5 should be “licensed land surveyor.” It was moved and seconded (Burgess/Gillette) the Preliminary Piat of Sleepy Hollow Subdivision be approved with the following conditions, and it passed unanimously: 1 Shared private access easement and maintenance agreements sha L drafted and recorded with the Final Plat for Lots 1 and 2, and for Complete1street and drainage construction pians shali be submitted with the Final Plat. An access easement providing access to recorded and the reception number noted on the Rnai Hat Th s easement agreement shall also provide for maintenance of the sharedtirivate street. A copy of the signed easenrent agreemer* shall be furnished prior to Town Board approval. This access easement agreement shall also provide for future replacement of the existino one lane bridge with a two lane bridge. The developer shall locate and construct the required postal cluster Provtion for the maintenance of both open space outlets (A&B) <;hall be provided prior to Town Board approval. Dave oper shali be responsible to construct and pave all of the Ihared privaTe drives located within “Outlot C” and for conshuct.on nf tho oharpd access drives serving Lots 1 & 2, and Lots 9 & 10. The graphics on the final plat «nll be clarified to differentiate between property boundaries and access easements, with an emergency flpcpss also shown on the final plat. .The homeowners’ association will agree to accept ownership and m“anrot the bridge should the Town decide to deed ,t to them. 2. 3. 4. 5. 6. 7. 8. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 3 b. Preliminary Plat Arapaho Meadows Addition to be known as Pawnee Meadows Subdivision, West of Carriage Drive and Highway 7, Scott Milier/Applicant. This is a proposal to subdivide 15 acres into 9 single family residential lots and 1 open-space outlot. Paul Kochevar, representing the applicant, reviewed the request. The site contains a large area of wetlands that will be included in a conservation easement. The homeowner’s agreement will state that this area is not available for development. Water will come from an existing water line west of the property and connected to the water line in Carriage Drive. The houses will not be clustered in any one location resulting in a more open development. A new 50 ft. wide street R.O.W. would extend from Cherokee Meadows to the west through the subdivision to Highway 7. Senior Planner Joseph reviewed the staff recommendation that the Preliminary Plat be conditionally approved. Since the Statement of Intent indicated that the project would be phased, a specific phasing proposal was requested with the Final Plat of a first filing. Mr. Kochevar indicated that the project would be accomplished in two phases, the first commencing this Spring would start at Cherokee Meadows and end with a cul-de-sac serving Lots 4,7,8 and 9. The date of commencement of the final phase is not known but will probably be this Fall or next Spring. Senior Planner Joseph pointed out that CDOT had accepted the proposed street connection to Highway 7. Staff has requested preliminary street construction plans 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 Preliminary Plat proposed a trail easement through the wetlands, however, staff recommended using the ROW. Audience comments: Ed McKinney, resident of Prospect Estates, spoke regarding the need for an additional access for the area and that this new road is critical. He also supported removing the trail from the wetlands. He was concerned that the sanitary sewer lines would have to be cut across the wetlands using gravel base v\^ich would lower the watertable, adversely affecting the wetlands. Commissioner Hix inquired about the sidewalk and Commissioner Sager expressed his concern that the road appears to go through two large Ponderosa pine trees on the property. Mr. Kochevar advised that they would adjust the ROW line to avoid as many trees as possible. The connections for the sewer line will require a permit with the Corps of Engineers to cross the wetlands; however, using one common connection for Lots 1 & 2, another for Lots 4, 6 and 7, and another connection for Lots 5, 8 and 9, there would only need to be a total of 4 connections. If the utility trenches intercept ground water, it should drain back into the wetlands area. Linda Hinze, an adjacent landowner, expressed concern over the entrance going into the west end where there was a spring and aspen grove. Mr. Kochevar advised that the new road will go 50 feet past the grove of trees, 300 feet from the west property line and turn north around Lot 5. Senior Planner Joseph recognized correspondence from neighbors Hinze, Mann, Rosenthal and Gamble expressing concern regarding the initial location of the hike/bike trail through the wetlands, fencing, and lighting. They also requested that modular, manufactured homes and nightly rentals be prohibited. Mr. Kochevar indicated that the proposed covenants will prevent any construction in the wetlands including fences and the conservation easement would adequately address the wildlife concerns. Fencing would be limited to decorative spots and dog run areas. Chair Sager noted that there was a considerable amount of barbed wire fence on the north side of the property. Mr. Kochevar advised that Mr. Miller would remove the BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 4 2. fence if he did indeed own it. Ann Leonard who is the adjacent property owner to the north advised that the fence on the west property line was under joint ownership between the previous owner and herself and that she would be more than happy to see it removed and replaced with some other kind of fence, indicating that some fencing was needed. Commissioner Thomas asked if the bike/pedestrian ROW was a sidewalk. Senior Planner Joseph advised this could be a painted bike lane on the road, a separate sidewalk, an unpaved horse trail or some combination of these. Staff is recommending that adequate room be required for making those connections. Further discussion followed related to the necessity of a paved sidewalk. Public Works Director Linnane stated that Staff recommends the developer should construct a sidewalk as a part of the street improvements. It was moved and seconded (A. Hix/Pohl) the Preliminary Plat of Arapaho Meadows Addition to be known as Pawnee Meadows Subdivision be approved with the foliowing conditions, and it passed with the following votes: Those voting “Yes Chair Sager, Commissioners Thomas, Burgess, Pohl, and Mix. Those voting “No” - Commissioner Gillette. 1. The statement of intent mentions the possibility of phasing the subdivision. This may require a temporary cul-de-sac. A specific phasing proposal shall be provided for staff review prior to submittal of a Final Plat of a first filing. Dedication of street right of way through the subdivision connecting with Cherokee Meadows shall be required with the first filing of a Final Plat. Preliminary street construction plans shall be prepared to a level of detail suffTcient to allow Town Staff to determine if the proposed Right of Way width is adequate to accommodate design and construction of public pedestrian and bicycle connections at the developer’s expense. The applicant shall submit these plans for Town Staff review prior to submitting a Final Plat and related final Th'^applicantshall obtain approval from CDOT of the accesses shownon the Preliminary Plat, and shall idenWyand cornplywm any and all access improvements required by CDOT. These sha ^reflected in the Street Construction Pians submitted to Town Staff “.r?Easement shall be submitted for Town Staff review with submittal of a Final Plat. These covenants shall permanent'y protect t wetlands. Any construction of roads and utilities in the wet'ands shall require an Army Corps permit prior to disturbing the wetlands. A'mintmum building setback of 25 ft. '--Jfe penmeter of thed wetlands shall be provided on all lots except Lot 3 ( et a setback on Lot 3 shall be a minimum of 15 ft.). This shall oe accomplished with the Conservation Easement boundary or wrt SSg envelopes on the final Plat. The "7 of the Consolation Easement shall be shown on the Final Plat with a complete legal description and shall be marked in the field in some permanent Lhion that will enable prospective buyers and future owners to easily see the boundary on the lots.The existing uniiriproved roadthal runs through the property shal be mmovedandre-vegetated (except where it may serve as a future A - Q nn 1 nt m The developer shall be responsible for this work, and it shall be noted on the construction plans submitted withthe FhalPlafand shall be covered in the Improvement Guarantee. 3. 4. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 5 6. 7. 8. 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 utility installations. A separate quantity estimate and line item for this work shall be included in the Engineer’s final estimate. The existing residence on Lot 4 shall be required to connect to the sanitary sewer system. The existing sanitary sewer line that cuts across the west side of Lot 3 shall be accurately located and placed within a utility easement on the Final Plat. c. Amended Plat, Jones Subdivision, Portion of SW 1/4 of SW 1/4 of Section 24, T5N, R73W of the 6th P.M., y2 mile west of MacGregor on Highway 34 Bypass, Larry Jones/Applicant. This item was continued to the February^, 1999, Planning Commission meeting at the request of the applicant. ¥ d. Amended Plat, The Crags Subdivision, Lots 1 & 2 of the Replat of Lots 14 & 15, South y2 of Section 25, T5N, R73W, Thomas and Terri Barry/Applicants. This is a proposal to combine two existing lots into one new lot. Bill Van Horn was present representing the applicants. Senior Planner Joseph reviewed the staff report and advised that Mr. Van Horn had that day delivered a revised plat that included all the staff recommendations. The revised plat could be recommended to the Town Board. Commissioner Pohl asked for a definition of a fire retardant shingle. Mr. Van Horn described the three classifications and advised that the plat referred to Class B shingles. It was moved and seconded (Thomas/A. Hix) the Amended Plat of the Crags Subdivision, Lots 1 & 2 of the Replat of Lots 14 & 15, South Vz of Section 25, T5N, R73W, be favorably recommended to the Board of Trustees subject to the following conditions, and it passed unanimously: 1. The following notes shall be placed on the Plat: • All areas outside the building envelopes are available for underground utilities as described in the dedication statement. • Town water service is not available at elevations higher than 7770 feet. Each lot may require an individual pressurization system. All water services need to be 3/4 inch. • In order to decrease the wildfire hazard identified: All new development will incorporate fire retardant singles, and one-hour minimum fire protection construction, with surrounding trees trimmed away from structures. A “fire break’ shall be placed around the buildings, any trees shall be removed within 30 feet of a chimney. Roofs shall be maintained to keep them free of pine needles and leaves, chimneys shall have spark arrestors and all fireplace ashes shall be placed within metal containers. . The Town of Estes Park will not maintain this portion of Audubon Street until such time as it connects in a publicly dedicated and constructed street within the adjacent property to the east. • The lot owner shall be responsible for erosion control measures during construction of drives, utility services and homes. • The use of Lot 1A shall be restricted to one single-family residence. 2. The dedication statement shall be revised to include dedication of perimeter utility easements, and the area outside of the building envelope shall be labeled as a utility easement. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 6 5. DEVELOPMENT PLANS a. Development Plan 98-08, Lot 2, Ranch Meadow Subdivision, West of Lone Pine Acres and North of Grand Estates, Richard H. Wille, Trust/Applicant This is a proposal for multi-family condominiums consisting of nine units total in two buildings. Bill Van Horn was present representing the applicant, who was also present. Senior Planner Joseph reviewed the staff report recommending approval with conditions. Mr. Van Horn agreed to add the recommended conditions to the Development Plan. Commissioner Hix inquired if recommendations from Public Works had been included, and Staff responded in the affirmative. Correspondence in support of the request has been received as follows; verbal (telephone) - Gerry Swank, Bob Towner, and Leon Smeaton; written - Brian & Nell Burt, Judy Whiteside and Percy & Georgia Andrus. Commissioner Pohl expressed his continued concern about the impact of having buildings so close to the highway. It was moved and seconded (Burgess/A. Hix) the Development Plan 98-02, Lot 2, Ranch Meadow Subdivision, be approved with the following conditions, and it passed unanimously; 1. The proposed drainage easement from Lot 3 to the existing inlet shall be given a complete legal description and it shall be shown on the Plan and shall be recorded. 2. The new sidewalk along the street will require accessible ramps where it crosses curbs, these ramps shall be shown on the Development Plan. 3. The unit types and density calculation shall be added to the Plan. b Development Plan 99-01, Cedar Ridge Condominiums, Lot 2, Beaver Point 3rd Addition, North of US Highway 36 and East of Elm Road, Jack Williams/Applicant. This Development Plan proposes to construct a total of nine condominium units. Each unit will stand alone. Three of the units are single level and six units are multi-level. An attached garage shall be provided with all units. The site is currently divided into two lots. This plan proposes to combine the two existing lots Into one new lot. All open areas outside the unit walls will be owned and maintained by the homeowners’association. Ross Stephen from Estes Park Surveyors was present representing the applicant. It was noted that he was accompanied by Steve Mitchell, an Estes Park student participating in the Career Day program. Mr. Stephen reviewed the Development Plan with the request that a 20 foot leeway be given on Unit 1 in order to preserve a rock outcropping and trees. Staff recommended that 6 trees and 50 shrubs be placed along the street frontage and it was requested that 1 tree could replace 5 shrubs. Commissioner Hix expressed concern that the elevated wooden walks to the entryways were as much as 15 steps from the driveways. Also two driveways did not have appropriate turn-around areas. Commissioner Thomas inquired about fire protection since no comment had been made bv the Fire Department. Mr. Stephen advised that the site plan meets all ISO requirements. Commissioner Hix requested additional information on the plantings. The trees to be placed along the highway would most likely be Ponderosa pines with manual irrigation guaranteed. Chair Sager commented that in his judgment there was not adequate site distance for exiting and traffic approaching from the east- He+.reque|ted0trhpllnnpr hazard be recognized and given more consideration. Senior Ranner Joseph reviewed the staff report. The street planting item of 6 additions trees and 50 shrubs meets the required minimum planting in the Municipal Code; however, he would support the alteration to replace 5 shrubs with one tree up to a maximum of 10 trees. It would produce a better effect in this particular location. Staff recommends that the two existing lots be BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - January 19,1999 Page 7 combined into one lot before applying for a building permit. An Improvement Guarantee covering all required utility, street and other site improvements will be required before a building permit is issued. Commissioner Pohl requested confirmation that the 20 foot adjustment on Unit 1 would not interfere with the required minimum distance between buildings and it was given. Commissioner Thomas received confirmation that the Improvement Guarantee would also cover the plantings. Senior Planner Joseph advised that the Improvement Guarantee usually occurs at the time of the building permit; however, Staff already has a letter from Paul Kochevar relating the Improvement Guarantee. Commissioner Burgess inquired as to whether trees were allowed within the pedestrian access easement. Senior Planner Joseph advised that it was reasonable to include some planting in easement areas with consideration for future trail construction. It was moved and seconded (Pohl/Gillette) that Development Plan 99-01, Cedar Ridge Condominiums, Lot 2, Beaver Point 3rd Addition, be approved with the following conditions, and it passed with the following votes. Those voting “Yes” - Chair Sager, Commissioners Thomas, Pohl, Burgess, and Gillette. Those voting “No”- Commissioner A. Hix. 1. The two existing lots shall be combined into one lot. This shall be accomplished prior to application for a building permit. Six additional trees and 50 additional shrubs shall be added to the street frontage area along Moraine Avenue to meet the required minimum planting. In consultation with staff, one tree may be exchanged for 5 shrubs. No building permits shall be issued for this Development Plan until an Improvement Guarantee covering all required utility, street and other site improvements is provided. Developer is allowed to move Unit 1 twenty (20) feet to the east allowing for conservation of rocks and trees with the final plan being approved by Town Staff. 2. 3. 6.REPORTS None 7. ADJOURNMENT . There being no further business. Chair Sager adjourned the meeting at 3:25 p.m. Meribeth Wheatley, Recording Secretary ^ Co p-er P(c^AA\K<^CohMVUSSl6r\