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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 1999-03-16BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission March 16,1999 Commission: Attending: Chair Al Sager, Commissioners Harriet Burgess, Stephen Gillette, Alma Hix, Edward Pohl and David Thomas Chair Sager, Commissioners Burgess, Gillette, A. Hix, Pohl and Thomas Also Attending: Director Stamey, Senior Planner Joseph, and Recording Secretary Wheatley Absent:None Chair Sager called the meeting to order at 1:35 p.m. 1. MINUTES of the February 16,1999 were approved as presented. ANNOUNCEMENT For the benefit of those present, an announcement was made at this time that the Development Plans for Lots 3 and 4, Block 4, Fall River Estates had been withdrawn. As several people were there to discuss the recent fish kill that had occurred shortly after construction had been performed in the Fall River near this location, comments were made by Staff to clarify permitting requirements and procedures. In the formal review process, problems that have occurred with an earlier approved Development Plan cannot be related to the current Development Plans under review. The Corps of Engineers regulates construction activities in the river channel. The Municipal Code makes reference that appropriate permits must be obtained from the Corps of Engineers prior to commencing work. The Town requires a floodplain development permit based on the Corps of Engineers permitting process and, in this case, one had not been issued. AUDIENCE COMMENTS: Ron Hildebrand, 635 B Steamer Drive, asked how the Department of Wildlife is responsible if they were not advised. Staff noted that the decision to involve the DOW in the permit process is usually made by the Corps of Engineers. Rick Spowart from the Colorado DOW responded that the Division does not have the responsibility of permitting, but rather limiting impacts. Jim Tawney, owner of Ponderosa Lodge, noted that an anonymous letter had been sent to lodge owners along Fall River to attend this meeting on the basis that this development was having an impact on the overall nature of the Fall River area. He was also concerned on a related matter with the pipe that was draining into Lake Estes from another hotel development. Director Stamey advised that that development was not located within Town limits but he would follow up with the County regarding the drainage pipe. 2. SUBDIVISIONS a. Pawnee Meadows Subdivision, West of Carriage Drive and Highway 7, Scott Miller/Applicant. Staff has met and reviewed the sidewalk construction that was required at the January 19, 1999 Planning Commission meeting. It is Staff’s opinion that the original staff recommendation is reflective of a more consistent approach to sidewalk development in that area. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - March 16, 1999 Page 2 It was moved and seconded (Hix/Gillette) to modify the condition of the Preliminary Plat of Pawnee Meadows Subdivision and it passed unanimously with one absence with the condition to be: 1. “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 submit these plans for Town Staff review prior to submitting a Final Plat and related final construction plans.” (Commissioner Mark Brown has tendered his resignation and it has been accepted by the Town Council.) b. Preliminary Plat, Apache Acres Subdivision, Erickson’s Addition to the Town of Estes Park, East of Cherokee Meadows Subdivision, south of Majestic Pine, Don Darling/Applicant. This is a proposal to subdivide 3.86 acres zoned R-S, Residential into four lots. Each lot is to be restricted to one single family residence by a note on the plat. Lots 1 and 2 will be zero lot line. The existing residence is to have an addition to create a duplex that will straddle the new property line in a zero lot line configuration. All future access is to be restricted to Pawnee Court. The right of way for Pawnee Court and the improvement guarantee for the road construction from Cherokee Drive is to be a part of the Final Plat of this Subdivision. Tom Scobell from Rocky Mountain Consultants representing the applicant gave a summary. He advised they agree to all of the staff recommendations; however, they had a concern over vacating the access easement to the north as it was also used by another property owner in the adjacent Steele Subdivision. If it only applied to Apache Acres, it could be vacated. Senior Planner Joseph reviewed staff report. Proposal is faithful to the comprehensive plan and also to lot sizes which are typical of the neighborhood. The portion of the public street that is the cul de sac has not yet been dedicated so one of the assumptions is that at the time of final plat, the participation of neighboring landowners will be achieved to provide dedication of Pawnee Court. Staff recommends approval of the Preliminary Plat with conditions. AUDIENCE COMMENTS: Rollie Hinze, neighbor to the east, pointed out that the notation regarding the possible bike path goes through the wetland area. He inquired as to setbacks along the east lot line. Zoning requires a 10 ft. setback from that lot line, but there is no required set back from the wetlands. Bernie Dannels asked for clarification regarding the access easement being vacated. It is currently being used for Lot 1. The subdivision plat will note that only the cul de sac is to be used for vehicular access to the new subdivision. It was moved and seconded (Gillette/Burgess) the Preliminary Plat of Apache Acres Subdivision be approved with the following conditions, and it passed unanimously with one absence. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - March 16,1999 Page 3 1. A shared access easement for Lot 1 and Lot 2 shall be shown on the Final Plat. A shared maintenance agreement for this access shall also be provided with the Final Plat submittal. A note shall be placed on the Final Plat restricting access to Pawnee Court, and the existing drive to Lot 1 shall be abandoned, removed and revegetated. 2. The existing utility services for the home on Lot 1 should be located and shown on the Final Plat. Any of these service lines that are to remain in service and that also cross onto a neighboring lot shall be located within utility easements on the Final Plat. 3. The Final Plat shall clarify the width of the utility easement to be dedicated along the west line of the subdivision where a 25 ft. building setback is shown. The building envelopes and the utility easements shall be clearly delineated and labeled on the Final Plat. 4. Wetlands exist on the southern edge of Lots 3 and 4 outside the proposed building envelopes, these wetlands shall be shown on the Final Plat and be placed in an open space outlet. 5. The Final Plat submittal for Apache Acres shall include the following (provided it is not preceded by a Final Plat submittal for Phase II of Cherokee Meadows): (a) Legal description of the public street right of way to be dedicated for all of Pawnee Court. This would be a joint submittal and filing requiring the signatures of the owriers and lien holders of the property from which the new right of way is to be dedicated (Cherokee Meadows Phase II). (b) Complete Construction Plans and Profiles for both water main and street construction along Pawnee Drive and Pawnee Court from Cherokee Drive to the end of the cul de sac on Pawnee Court with associated engineer’s estimate for construction costs to be included in the improvement guarantee. c. Final Plat, Sleepy Hollow Subdivision, a portion of the South 1/2 of Section 22, T5N, R73W, of the 6th P.M., Fall River Road, Tejas IncyApplicant. Tom Scobell of Rocky Mountain Consultants representing Tejas Inc. gave a summary of the project. There will be shared access drives for Lots 1 & 2 and Lots 9 & 10. Shared driveway maintenance agreements will be filed. They had no exceptions to the conditions provided by Staff and all will be done prior to going to Town Board. The name “Hollow Court may be confusing per comments made by the postmaster so this will be changed. In response to an inquiry during the Preliminary Plat review, he stated that it was a 13% slope going up to Lots 5 and 6. Senior Planner Joseph reviewed the staff report. The neighboring property owners have failed to come to an agreement regarding the potential widening of the bridge. There is a new note on the plat which eliminates the possibility of widening the bridge to two lanes. Staff recommends approval of the Final Plat with conditions. There is still some question regarding the boundary line around the bridge which may or may not lead to a revision. Town position is that it is accepting the legal description shown on the plat since a professional land surveyor has signed it. On the Final Plat, the BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - March 16,1999 Page 4 emergency access at the west end of the private street which connects to Lot 5 should be shown. Senior Planner Joseph received a phone call from owner Mr. Harris saying that Scott Dorman as fire chief checked the access and found it usable for fire fighting access. Mr. Dorman has verified that the existing bridge is adequate. In response to Mr. Scobell’s inquiry as to the time frame for deeding the bridge to the homeowners association or developer, Public Works Director Linnane advised that it was uncertain. The actual deeding would be done through the Town Attorney. The provision simply states that they want to have the homeowners association accept it if and when it is deeded. AUDIENCE COMMENTS: Mr. Jim Tawney of Ponderosa Lodge expressed his concern that the emergency exit is not adequate and that there is still a disagreement regarding the existing property line. He also inquired about the provision for runoff. Mr. Scobell responded that the emergency access and property lines have been reviewed and approved by the proper authorities. Drainage was addressed in the construction plans with ditch improvements along the south side of Sleepy Court. It was moved and seconded (Thomas/Burgess) the Final Plat of Sleepy Hollow Subdivision be favorably recommended to the Board of Trustees subject to the following conditions, and it passed unanimously with one absent. 1. The developer be responsible to construct and pave all of the shared private drives located within “Outlet C” and for the construction of the shared access drives serving Lots 1 & 2, and Lots 9 & 10. 2. The general note #1 on the plat restricting the use of the lots to single family residential shall be revised to read: “Zoning is currently R-M, Residential Multi-Family. The lots depicted herein are restricted to one single family residence per lot.” 3. In the event the Town Board takes action to transfer ownership of the existing bridge to the developer or the homeowners association they shall be obligated to accept the ownership of the bridge. 4. The protective covenants shall be revised to provide for maintenance of the roads and the bridge, including the obligation to replace the bridge as noted on the Plat. All general notes on the Plat that refer to the homeowners association shall be incorporated by reference into the protective covenants. The protective covenants shall also contain adequate language stating that if maintenance of the easements, the road or the access is neglected by the homeowners, then the town can assess the lot owners and use those funds to perform the maintenance. 5. The National Park Service label shall be removed from the west boundary and the private owner be noted at this location. 6. A full 50 ft. radius be provided at the cul-de-sac right of way. 7. A note be added: “Outlets A and B are too high for water service.” BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Estes Park Planning Commission - March 16, 1999 Page 5 8. All recommendations concerning utilities contained in Bill Linnane’s memo of March 5,1999 be complied with. 9. The property line boundaries in the vicinity of the one lane bridge shall be reviewed in consultation with adjacent property owners before going to Town Board. 10. The street name “Hollow Court” shall be changed. DEVELOPMENT PLANS a. Fall River Estates, Lot 3, Block 4, Fish Hatchery and David Drive, Randy Collins/Applicant. - Withdrawn b. Fall River Estates, Lot 4, Block 4, Fish Hatchery and David Drive, Randy Collins/Applicant. - Withdrawn. REPORTS There were no Staff reports. Commissioner Pohl made comment that the vicinity map is vague on Apache Acres and the developments in the area that have occurred in the last few years are not shown. Mr. Scobell advised they would make that revision to the Final Plat. ADJOURNMENT There being no further business, Chair Sager adjourned the meeting at 2:50 p.m. Meribeth Wheatley, Recording ^cretary