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HomeMy WebLinkAboutMINUTES Town Board 1996-10-08Town of Estes Park,Lariner County,Colorado,..OPtOber .8.•, regular Minutes of a meeting of the Board of Trustees of the Town of Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estee Park on the .•8Ii .day of Qcor •,A.D.,l96. at regular meeting hour. Robert L.Dekker Meeting called to order by Mayor Present:Mayor 13ek1 Trustees:Susan L.Doylen, Mayor Pro Tern Jeff Barker John Baudek George J.Hix William J.Marshall Also Present:Gary Klaphake,J.Donald Pauley Town Administrator Gregory A.White,Town Attorney Tina Kuehi,Deputy Town Clerk Absent:None Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC INPUT. Louis O’Riordan explained his involvement in community projects and property rights issues. CONSENT CALENDAR: 1.Town Board Minutes dated September 24,1996. 2.Bills. 3.Committee Minutes: A.Public Works,September 26,1996. B.Community Development,October 2,1996. C.Board of Adjustment,October 1,1996 (acknowledgement only). It was moved and seconded (Doylen-Pauley)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Larimer County’s 35-Acre Task Force and the PLUS Program - Report.Larimer County Commissioner John Clarke introduced Regita Dempsey,Bob Graves,and Wendell Amos,members of the Larimer County 35-Acre Task Force.This Task Force was established to study and recommend alternatives to Senate Bill 35,which allows 35 or larger acre parcels to be created without any county land use review.The guidelines will not change zoning,devalue property,establish additional rules and regulations,or require participation,but will involve incentives for participation.Mr.Amos requested the Board submit their ideas for consideration prior to presentation to the County Commissioners in November or December.Mayor Dekker thanked the Task Force members for their efforts. 2.A.Special Review #96-5.Nicky’s RV Resort,Tract 59B,Fall River Addition,1350 Fall River Road,Nicky Kane/Applicant. Trustee Hix declared a conflict of interest and vacated the room.Mayor Dekker explained that the Public Hearing will consist of the Staff report,the Applicant report,the Board of Trustees -October 8,1996 -Page 2 opponent report,the Applicant rebuttal,and Board discussion. Mayor Dekker requested that a spokesperson for each viewpoint be selected to facilitate the presentations.Mayor Dekker opened the Public Hearing.Assistant Administrator Widmer explained the Applicant wishes to establish a RV Park with 17 sites,laundry/shower building,picnic pavilion and recreation area.Each site is accessed via a ioop road and new bridge across Fall River and will have full utility hookups with no dump station.RV Parks are subject to Special Review and the Board may recommend approval,approval with conditions,or denial,considering five points: 1.Suitability: a.Nearby land uses --supported by or damaged by having the proposed use nearby. b.Adequacy of roads,water,sewage,and drainage facilities. c.Environmental characteristics of the site and related areas and the consequences for public safety and the natural environment. 2.Building and site design: a.Avoid visual,noise,or other intrusion into adjacent premises or departure from the established character of the vicinity. b.Avoid unnecessary damage to the natural environment through design adaptation to the particularities of the site. 3.The social,economic or community needs which are served by the proposal. 4.Consistency with the following district objectives: a.Provide business and other services to nearby neighborhoods,visitors and travelers. b.Accommodate businesses whose scale or auto orientation make outlying locations appropriate. c.Develop in ways to protect safety,convenience,and amenity on roads. d.Develop in ways integrating and even enhancing the qualities of the streams,rivers,topography,and other natural assets of the area. e.Develop consistent with the Estes Park Comprehensive Plan. 5.Suitability of the proposed development relative to the areas containing historic resource. Staff believes the proposal meets all requirements:the Comprehensive Plan identified a future land use of accommodations;streets and utilities are adequate;the site is not within the floodplain;no riparian impact is proposed; all existing vegetation within the 75’setback will be maintained;all disturbed areas are to be reseeded;the river, the existing vegetation,and the concentration of recreational activities to the center of the ioop will protect the neighbors from noise;the streetlights will be downcast non- glare;tree removal is minimized;and there is no impact on historic resources.Staff requests that the bridge be widened from 15’to at least 20’and the Development Plan include a signature block for the engineer.It is Staff’s opinion this development is compatible with the neighborhood and benefits to the community outweigh any adverse effects. John Chilson,attorney for Nicky’s,stated that,according to the Zoning Ordinance,this proposal will enhance property values,and referred to the following: •Exhibit 5:Letter from Nicky’s and a list of covenants. •Exhibit 6:Town map showing location and zoning. •Exhibit 11:List of 12 current uses in the area, demonstrating the plan would provide the least impact. Board of Trustees -October 8,1996 -Page 3 Paul Kochevar,Estes Park Surveyors,explained the lot is 13.2 acres,but that this proposal consists of 16 sites on 2.88 acres in order to develop the site internally and protect the surrounding neighborhood.Each site will have water and sewer service.The setbacks will be 75’from the property line or 50’from the edge of the river.Each RV site will be 300 to 400 sq.ft.,and a foot path along the river’s edge will be constructed.Kochevar presented the following: •Exhibits 1-A,1-B and 2:Site plans including underground utilities. •Exhibit 3:A color plan for clarification of the site, including denoting the trees which would be removed. •Exhibit 4:Proposed fencing.A 6’to 8’fence will be constructed on the east property line for noise and visual buffers,with 10’openings at the ends of each segment of fence for wildlife movement. Ross Stephen,Landscape Architect,explained the proposed landscaping.He further explained that because sound travels in a line,it will ricochet off the proposed vegetation and fencing objects,creating a shadow effect.He confirmed that for each tree destroyed (a total of 18),1.5 trees will be planted (a total of 27).The Colorado Blue Spruce will be used because of its density.A photo analysis of the site was presented (Exhibit 12)showing the vegetation at various locations on the lot.The canopy of trees is 50 to 60’high. When questioned by Attorney Chilson,Mr.Stephen verified that the proposal would have minimal effect on the site and surrounding areas,the existing vegetation and the proposed landscape plan will effectively screen this project from neighboring sites while allowing a view from the interior,and this proposal is consistent with objectives in the Municipal Code. Wendy Koenig,certified audiologist,presented a noise study (Exhibit 7)using a sound level meter at various locations on the property.Comparisons were made between various sounds, such as a diesel engine,dogs barking,doors slamming, children playing,and ambient (environmental)noises to determine the interference of various noise levels.It was stressed that the sound of a diesel engine can be a lower decibel than the surrounding ambient noises.This occurs not only because of the ability of objects to soften sound but because of individual perception of loudness.It was noted that permission to perform these tests on the Streamside property was denied. Applicant Nicky Kane explained that the neighborhood has worked together during his 30 years as a business owner.He, as well as his neighbors,have continued to invest in their properties.He proposed an RV Park for extra income,and because construction would cause the least intrusion on both environment and his property.He reported no specific game trails on his property.When questioned by Attorney Chilson, Mr.Kane assured the Board the Covenants would be strictly enforced,the RV guests would have access to Nicky’s Resort, no rules in the proposed Covenants are in conflict with the rules for Nicky’s Resort,the proposed use is consistent with the Fall River accommodations purpose for providing high quality service and upscale accommodations,the taxes generated would benefit the Town,vehicles would not be stored on the premises,the abandoned vehicle presently on the property will be removed,the regulation that no vehicle allowed under 35’will be added to the Covenants,an employee will be designated to check the grounds 24 hours/day,and any conflicts with the neighbors would be settled immediately. Attorney Chilson read the proposed Covenants. Board of Trustees -October 8,1996 -Page 4 Neil Rosener,appraiser,presented his opinion regarding adverse economic consequences to adjoining properties and presented: •Exhibit 8:Actual land values in the Estes Park area obtained from the Larimer County Assessor’s Office, comparing Marys Lake Campground and the Estes Park Campground to surrounding residential areas. •Exhibit 9:Credentials of Mr.Rosener. •Exhibit 10:Rosener’s opinion that campgrounds do not devalue adjacent property. Trustee Baudek verified by questioning Kochevar that sewer hookups to each site automatically releases into the system. Trustee Doylen verified by questioning Kochevar that certain requirements will be placed on the condition of the RVs,and those requirements will be included in the Covenants.Louis O’Riordan addressed property rights and the cost of 35’+RV5 which makes them compatible to upscale accommodations. Mayor Dekker announced a recess at 10:15 p.m.and reconvened the meeting at 10:22 p.m.with the opposition presenting its case. Jim Martel,attorney representing Jan Feisman,Lot 59A;Susan Coffman,Streamside Resort;and the Schultz’s,Deer Crest, stated that property rights do exist,but the compatibility and impact to adjacent properties is also a right,fully upheld through zoning restrictions.He added there are other uses permitted by right,but the Special Review for an RV Park is the only issue to be considered at this meeting.Attorney Martel requested all of the submissions be listed as official exhibits and presented the following: •Exhibits A-l and A-2:A transcript and tapes of the Planning Commission meeting,dated August 20. •Exhibit B:Professional Appraisal Services report stating that approval of this project would devastate the immediate lodging facilities and open the door to additional developments in the future. •Exhibit C:The Accommodations Association Lodging Guide showing that Nicky’s Resort will accept pets, contradicting Nicky’s statement that pets will not be accepted in the RV Park. •Exhibit D:Town Board minutes of May 18,1978,and Lot Division Covenant recording in 1978,the proposed area is a separate lot,but was never combined with the other properties as required. Mr.Martel explained that,in order to prove the effects of the proposed RV Park,the following should have been provided: an economic study of availability of other RV sites,usage statistics,a need,and benefit to the Town.The value to adjacent properties refers to the “effects”(income/expense ratio)of the RV park,not the “market”(land evaluation) value as provided by Mr.Rosener.Mr.Martel further noted any adverse affects to the neighborhood cannot be controlled through covenants nor the Town Board;and,according to the zoning ordinance,RV’s will be referred to as “buildings”, but yet RV5 are shiny,metal,rectangular boxes that will not fit the established character of the surroundings,which are wooden,mountain chalet type “buildings”.Attorney White verified that the lot division covenant is not clear. Attorney Chilson agreed to make clarification of the lot division a condition of approval. Computer Consultant Seamus Berkeley,1795 Moon Trailway, presented digitally enhanced pictures of RV5 placed in the proposed development area depicting visual impact on Streamside (Exhibits E-l through E-5).This is without the Board of Trustees -October 8,1996 -Page 5 proposed fencing by the Applicant.Attorney Chilson requested the right to question Mr.Berkeley with regard to the preparation of said exhibits.Mayor Dekker stated that Mr. Chilson could comment on all exhibits during rebuttal but would not be allowed to question Mr.Berkeley. Susan Coffman,co-owner of Streamside Cabins,1260 Fall River Rd.,stated that the Special Review requirement indicates this proposal is outside the normal usage and presented the following: •Exhibits F-i and F-2:Two photo albums of various RV Parks and Streamside,stressing the visual incompatibility. •Exhibit G:Response sheets distributed to Streamside guests denoting reactions to a RV Park development. •Exhibits H-i and H-2:Evidence of a family living in a trailer on Nicky’s property for the Summer (a child has trespassed onto the Streamside property from Nicky’s property driving an ATV). Ms.Coffman stated RV Parks promote noise,litter,large groups,and pets;her business promotes quiet,clean,low density accommodations.The Staff report stated that the visual impact would be minimized by lush,existing vegetation; however,the low-level vegetation and tree tops will not provide a visual deterrent at eye level.The river will not be an effective sound barrier,noting it does not run between her property and Mr.Kane’s.There are noise problems currently with Nicky’s Resort,referring to calls to Police. Other concerns expressed by Ms.Coffman:future expansion of the RV Park;the number of trees that will actually be removed;the decision to plant Blue Spruce trees,which grow slowly,and the tree size at planting time;replacement policy for dying trees;the ability to enforce the Covenants;the adequacy of the described fence height,noting that Streamside has second floor balconies facing the development;and questioned the need for another campground in Estes Park. Jan Felsman,mortgage holder on Streamside and owner of Lot 59,gave a family history and noted that after the 1982 flood, all property owners chose to rebuild and upgrade.Ms.Felsman referred to the following Exhibits: •Exhibit I:Rocky Mountain Motorist,September 1996 edition,listing Streamside as the only Four Diamond accommodation in northern Colorado. •Exhibit J:Land Use Summary from Neighborhood Guidelines listing 26 undeveloped areas along Fall River. •Exhibit K:Letter from Rocky Mountain National Park Superintendent Jones who was concerned that the proposal would negatively impact the visual quality of the Fall River corridor,referring to the deciduous vegetation, additional lighting requirements,and the disturbance of habitat areas. •Exhibit L:Pictures depicting elevation gain from the Streamside driveway. •Exhibit M:Listing of RV specs. •Exhibit N:Aerial photograph showing location of the proposed site and surrounding accommodations. •Exhibit 0:Visitor Information Guide listing RV Parks in the category of “Camping”(page 45),adding that RV owners want camping,not a lodging experience. •Exhibits P-l and P-2:Photos depicting the destroyed vegetation that results from visitor impact. Ms.Feisman contends that installation of water and sewer lines to each pad will cause root damage to the existing trees;35 to 40 trees will need to be removed;the excavation will be greater than reported because of the 38 grade on the Board of Trustees -October 8,1996 -Page 6 southern hillside;air pollution;noise pollution;the proposed high rates will encourage usage of the already abundant campgrounds in the Valley.Ms.Felsman added that, according to John Graves,Summit County Planning Commissioner, RV Parks are a discouraged land use,and when necessary,they are hidden to lessen impact on other businesses. Will Fischer,Estes Park resident,reported that,as an RV traveler,he has discovered most RV Parks are located away from congested areas,have 24-hour management,and RV (camping/campfires)and resort (patios/quiet)lifestyles are not compatible.John Spandley,1900 Fall River Rd.,presented the sales brochure of his upscale Boulder Brook accommodations (Exhibit Q),stating his concern that the establishment of this RV Park would set a precedent for other undeveloped property along Fall River.Jim Schultz,Deer Crest Resort, 1200 Fall River Rd.,stated that the view from the Deer Crest second level balconies cannot be protected with walls or vegetation.Marty Richter,Riverview Pines,disagreed with the noise study,stating that her visitors request rooms facing the river. Attorney Chilson summarized Exhibits 1-12,which illustrate the proposal with facts,and answers all Special Review criteria.He added that RV travel is increasing and the present needs are not adequate for the future.Chilson further stated that Exhibit E-l was misleading,noting that the computerized image depicted removal of trees that the plan does not propose. Trustee concerns included:Establishment of a precedent for other similar proposals;probability for future expansion; enforceability of covenants;the effectiveness of the proposed visual buffers;and the usefulness of the 38%grade in topography.Attorney White and Assistant Administrator Widmer answered concerns as follows:Future RV Park requests will each be considered a separate Special Review,disallowing the possibility of automatic approval;future expansion would be impossible due to the size of the lot and the required setbacks;the covenants have been offered as conditions of the Special Review approval,any violation could lead to the Board revoking the approved use of the property;and any pattern of violations can be enforced.Representative Kochevar stated the fence will provide a buffer to certain buildings on Streamside from certain pads,but the 38%grade would not be considered as a visual or noise buffer. Assistant Administrator Widmer noted the following correspondence received in opposition:The Schultz’s,Deer Crest;The Rohrbaugh’s,Antler’s Point;The Younglund’s, Wildwood Inn;Del Leinemann,Fall River Estates;and Al Tallakson,property owner.Hearing no further comments,Mayor Dekker declared the Public Hearing closed.Widmer reminded the Board of the three options available:approve the proposal,approve with conditions,or deny. Trustee Baudek reviewed the zoning regulations and responsibilities of the Board,including an obligation to consider the Planning Commission’s findings as well as a moral and legal obligation to determine possible negative affects on others who have invested their lives in the surrounding property.Trustee Baudek does not believe the testimony presented proposed benefits that would outweigh any adverse effects on the town or the vicinity.For the reasons stated by Trustee Baudek,it was moved and seconded (Doylen-Baudek) Special Review #96-5 be denied;and it passed by the following:Those voting “Yes”:Trustees Barker,Baudek,and Doylen.Those voting “No”:Trustees Marshall and Pauley. Those “Abstaining”:Trustee Hix.Mayor Dekker thanked all the participants. Board of Trustees -October 8,1996 -Page 7 2.3.mended Plat of a Portion of Lot 8,Town of Estes Park,Bruce Meisinger/Applicant.Mayor Dekker declared the Public Hearing opened.Director Linnane explained this request is to establish a valid legal description of the public right-of-way for Big Horn Drive,located south of the Lewiston Condos. Hearing no further comments,Mayor Dekker declared the Public Hearing closed.It was moved and seconded (Pauley-Marshall) the Amended Plat be approved as presented,and it passed unanimously. Due to the late hour,Administrator Kiaphake explained the remaining agenda items will be consolidated and summarized for action. 3.A.Holiday Lane Water Line -Approval of Budget Expenditure. Director Linnane reported that Sixth Fairway Condominiums are developing eight units on Lot 2,Hartland Subdivision.The developers have requested a cost-sharing proposal to replace the 1W’steel pipe service line with an 8”line,using the Holiday Lane right-of-way directly south of Miles Cottages off Hwy.7.This will improve water pressure and fire protection in the area.A cost estimate for the Town is $24,000,which includes all material and some labor,with Fairway Condominiums paying for the additional labor cost of $5,000. Construction may be in within 30 days. 3.3.Drainage Easement with CDOT,Hwy.34/Parks Shop -Approval. Director Linnane reported that during construction of the requested CDOT drainage easement along the east property line of the Parks Shop,an electric vault was discovered which required relocation to the middle of the Parks Shop lot.To remain within the construction timetable,COOT did this relocation without an approved easement,but with Town approval.Director Linnane and Attorney White have since negotiated the easement,which allows the Town to build structures over the culvert. 3.C.Easement with CDOT,Outlot E,Carriage Hills -Approval.The proposed Hwy.7 Widening Project required fill material to be placed on Outlot E,owned by the Town.CDOT is requesting an easement for this fill material at the northeast corner of Carriage Dr.and Hwy.7 on 5,000 sq.ft.of wetlands.The law requires that the wetlands be replaced with 5,000 sq.ft.of other wetlands.COOT is requesting the middle pond of Outlot D be the location of the mitigated wetlands. 3.D.Riverwalk Retaining Wall -Approval of Budget Expenditure. Administrator Klaphake explained that this project consisted of rock replacement along the Riverwalk at a not-to-exceed expenditure of $20,000.Due to additional work,$8,625 was expended with a change order.Sufficient funding is available in the budget. It was moved and seconded (Pauley-Marshall)items 3.A.,3.B.,3.C., and 3.D.be approved as presented,and it passed unanimously. 4.A.Appointments.Administrator Kiaphake explained that Mark Brown has been recommended to fill a long-standing vacancy on the Advertising Policy Committee.Trustee Doylen confirmed that Mark Brown is aware of this request and in fact, solicited this appointment.Administrator Kiaphake presented the list of 1997 Rooftop Rodeo Committee Members. 4.3.Resolution #17-96 Approving 1996 Sidewalk Sale.Administrator Klaphake explained that this Resolution is required to allow sidewalk sales,because of the containment ordinance,and is requested each year for this special event. It was moved and seconded (Doylen-Pauley)items 4.A.and 4.B.be approved as presented,and it passed unanimously. Board of Trustees -October 8,1996 -Page 8 5.Presentation of Preliminary 1997 Budget Resolution.Pursuant to established legal deadlines,Administrator Kiaphake submitted a preliminary resolution identifying revenues and expenses for the 1997 Budget.Town Board study sessions are scheduled for November 4 and 8.Staff anticipates the 1997 Budget will be adopted November 26.No further action was required at this time. 6.Special Event Malt,Vinous,and Spirituous Permit Application filed by Art Center of Estes Park.Administrator Klaphake explained that the application is in order.It was moved and seconded (Doylen-Pauley)the Special event Liquor Application for the Art Center of Estes Park be approved,and it passed unanimously. 7.Town Administrator’s Report. No report. Following completion of all agenda items,it was moved and seconded (Doylen-Baudek)the Board enter Executive Session to discuss property negotiations,and it passed unanimously.Whereupon Mayor Dekker adjourned the meeting at 1:0 a.m.to Executive Session. Deputy Town Clerk