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HomeMy WebLinkAboutPACKET Town Board 1995-09-26BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 26, 1995 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated September 12, 1995. 2. Bills. 3. Committee Minutes: A. Light and Power, September 14, 1995. B. Public Safety, September 21, 1995. C. Planning Commission, September 19, 1995 (acknowledgement only). 4. Continue the following to October 10, 1995: A. Amended Plat of Manske Subdivision, Glen & Margaret Manske/Applicant. B. Amended Plat of Lots 20 and 21, Grand Estates Subdivision, James Watson/Applicant. 5. Motion to withdraw the Amended Plat Of Lot 2, James Subdivision, Tad & Dean Wariner/Applicant. ACTION ITEMS: 1. Park R-3 School District Board - Update on Building Projects. 2. Light and Power Committee, September 14, 1995: A. Set public hearing of November 14, 1995 to consider adoption of RMNP Administrative Electric Rates. 3. Planning Commission, September 19, 1995: A. Public Hearing. Final Plat of Sleepy Hollow Subdivision, Gary D. Connoly/Applicant. (-f>%6„ cc 22 I°/1+ B. Public Hearing. Amended Plat of Lot 2, Murphy Subdivision, Habitat for Humanity/Applicant. C. Public Hearing. Amended Plat of Lots 3 and 4, DeVille Subdivision, James Barleen/Applicant. D. Annexation - Fish Creek Addition, Joan Waterbury/Applicant: 1. Resolution #27-95 - Finding area eligible for annexation. 2. Ordinance #20-95 - Annexing Fish Creek Addition. 1 3. Public Hearing on Zoning - Ordinance #21-95. E. Annexation - Mignery Addition, Herb & Sherry Mignery/Applicant. Motion to accept withdrawal of Annexation Petition. 4. Town Administrator's Report: A. Staff request to enter Executive Session to discuss property negotiation. 2 Town of Estes Park, Larimer county, colorado, . 5epteulbel: 12 . ., 19. 95. Minute• of a . Regular. . . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 12th . day of ..... S.eetembe F A.D., 19. 95. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Algo Present: Michael E. Miller, Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None Mayor Dannels called the meeting to order at 7:32 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. Town Board minutes dated August 22, 1995. 2. Bills. 3. Committee Minutes: A. Town Board Study Session, August 23, 1995. B. Public Works, August 24, 1995. C. Community Development, September 7, 1995. D. Board of Adjustment, September 5, 1995 (acknowledgement only). 4. Amended Plat of Lot 2, Tanton Subdivision, Dave Tanton/Applicant - Continue to October 10, 1995. 5. Final Plat of Tracts 96A and 96B, Placid Lake Subdivision, J. R. and Rachael Preston/Applicant - Continue to October 10, 1995. 6. Resolution #23-95 - Appointment of Special Prosecutor for Municipal Code violations. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Appointment - Randy Repola. Police Chief. Mayor Dannels reported that the Public Safety Committee had interviewed Randy Repola for the position of Police Chief. Public Safety Committee Chairman Gillette reported that based upon Repola's good leadership, team building capabilities, and good rapport with the community, it was the consensus of the Committee that Randy Repola be appointed Police Chief, effective September Board of Trustees - September 12, 1995 - Page 2 12, 1995. Following a swearing-in ceremony, it was moved and seconded (Gillette/Marshall) Randy Repola be appointed Police Chief, and it passed unanimously. On behalf of PaCK, Roger Shippy presented Chief Repola with a plague acknowledging his years of dedication to, and support of, the youth in the Estes Valley. 2.A. Senior Center Grant Application. Don Tebow, Senior Center Representative, presented a rendering of the proposed 3,000 sq. ft. renovation to the Senior Center. At the Town Board Study Session August 23, 1995, consensus was reached to authorize grants be prepared and submitted for funding of the Project which is estimated at $65.00/sq. ft. Administrator Klaphake reported that the goal is to obtain approximately 1/4 of the funding locally, and the remaining 3/4's from the private sector. It was moved and seconded (Doylen/Dekker) the Senior Center be authorized to submit grant application(s), and it passed unanimously. B. Town Administrator's Employment Agreement. At the Town Board Study Session, the Administrator's Employment Agreement also received a favorable recommendation. It was moved and seconded (Pauley/Marshall) the 5-year Agreement (1996-2000) be approved, and it passed unanimously. 3.A. Water Department Water Line Protect Change Order of $12.460. The Public Works Committee recommended approval of the Change Order in the amount of $12,460 as verified by staff. It was moved and seconded (Gillette/Pauley) the Change Order in the amount of $12,460 be approved, and it passed unanimously. B. 1995 Street OverlaY Proiect. Public Works Director Linnane noted that references were verified and found to be excellent, thus it was moved and seconded (Gillette/Doylen) the bid in the amount of $109,372, submitted by Bituminous Roadways be accepted, and it passed unanimously. 4.A. 1995/96 Rooftop Rodeo Committee Membership Roster. Special ~ Events Director Hinze presented the 95/96 Rooftop Rodeo Committee Roster, and it was moved and seconded (Doylen/Marshall) the following be appointed to the Rooftop Rodeo Committee for 1995/96, and it passed unanimously: Jo Adams, Vice President Sean Murray Mitch Brown Gary O'Connor, President i Jerry Brumleve Vickie O'Connor ~ Trudy Carra de Salero, Sec. Ralph Ramey Carol Cunningham Bob Seifert Don Cunningham Mary Jo Seifert Rick Dill Kelly Sishc Bobbi Downing Megan Smith i Paul Downing Spencer Smith Ken Hobert Chuck Thomas Chief Jenista Joan Van Horn Glen Johnson Bonnie Watson I Steve Kingery Deb Watson ; Dave McPhee Betty Whiteside Judy McPhee Associate Members: Jill & Karen Smith, Sue Thomas ~ B. Resolution #24-95 - Authorizing Annual Sidewalk Sale. October 7 and 8. 1995. Stating that the guidelines for this event have not been amended, and that the Town strictly enforces the containment provision in the Code other than for this event, it was moved and seconded (Doylen/Dekker) Resolution #24-95 be approved authorizing the 1995 Sidewalk Sale, and it passed unanimously. , Board of Trustees - September 12, 1995 - Page 3 5. Final Plat of Sleepy Hollow Subdivision. Garv D. Connoly/Applicant. Director Stamey requested this Plat be continued as the Improvement Guarantee and Letter of Credit had not bee submitted. Pursuant to prior litigation claims, Town Attorney White clarified how the Town Board can consider this plat: the Applicant's attorney must be able to certify that all the owners of record have signed the plat. It was moved and seconded (Dekker/Gillette) the Final Plat be continued to September 26, 1995, and it passed unanimously. 6. Adoption of Building Codes. 1994 Edition. Mayor Dannels opened the public hearing, and Director Stamey noted that the building codes are updated on three-year cycles. Building Official Allman has reviewed the updates with the Contractors Association and that an analysis is available in the Building Official's Office. It is in the Town's best interest to adopt the Codes as surrounding jurisdictions in Colorado operate on the same set of standards. There being no public comment, Mayor Dannels declared the public hearing closed. It was moved and seconded (Dekker/Gillette) the following Ordinances be adopted, and it passed unanimously: Ordinance #15-95 - Uniform Building Code Ordinance #16-95 - Uniform Mechanical Code Ordinance #17-95 - Uniform Plumbing Code Ordinance #18-95 - Abatement of Dangerous Buildings. Whereupon Mayor Dannels declared the Ordinances duly passed and adopted, and published according to law. 7. Resolution #25-95 - Approval of Ballot Title for Park Entrance Estates Special Improvement District (November 7. 1995 Election) . Town Attorney White presented said Resolution with the following Ballot Issue Titles: A. Ballot Issue 2A. Shall the Town of Estes Park, Colorado debt be increased up to $395,000 with a repayment cost of up to $569,725 by the issuance and payment of special assessment revenue bonds for the purpose of financing certain local roadway improvements within the Town's Park Entrance Estates Special Improvement District No. 95-1 and to be payable solely from certain special assessments received solely from property owners residing within the Town's Park Entrance Estates Special Improvement District No. 95-1; provided and in connection therewith shall the Town be I authorized to make such special assessments against ~ the properties within said area; and shall the Town be authorized to receive and spend the proceeds of said bonds and said special assessments, and any investment earnings thereon, as a voter-approved revenue change and an exception to any revenue or spending limitations which might otherwise apply, without limiting the collection and spending of any other revenues of the Town? B. Ballot Issue 2B. Shall the Town of estes Park, Colorado debt be increased up to $110,000 with a repayment cost of up to $156,762 by the issuance and payment of special assessment revenue bonds for the purpose of financing certain local water distribution system improvements within Block two of Park Entrance Estates Subdivision within the , Town's Park Entrance Estates Special Improvement i District No. 95-1 and to be payable solely from certain special assessments received solely from property owners residing within Block two of Park Entrance Estates Subdivision within the Town's Park Entrance Estates Special Improvement District No. Board of Trustees - September 12, 1995 - Page 4 95-1; provided and in connection therewith shall I the Town be authorized to make such special , assessments against the properties within said ~ area; and shall the town be authorized to receive and spend the proceeds of said bonds and said special assessments, and any investment earnings i thereon, as a voter-approved revenue change and an exception to any revenue or spending limitations which might otherwise apply, without limiting the collection and spending of any other revenues of the Town? It was moved and seconded (Doylen/Dekker) Ballot Titles 2A and 2B be approved, and it passed unanimously. 8. Interagency Memorandum of Agreement #22568 National Park Service. Bureau of Reclamation and the Town of Estes Park. Light & Power Director Matzke reported that in exchange for the Adams Tunnel Easement (1938 Agreement), RMNP currently receives free electrical power for government loads from the Bureau of Reclamation. This power is delivered directly to NPS lines from a USBR line on Marys Lake Road. The Interagency Memorandum of Agreement changes the point of delivery of the free power to PRPA. This change will allow the Town to deliver power to RMNP through its own distribution system. Barry Hesker/Chief of the Office of Engineering/NPS, noted that this is an excellent opportunity for RMNP and that with the number of agencies involved, the Project has been in process for four years. Director Matzke reported that the new billing rates will be discussed at the Light and Power Committee meeting scheduled September 14. It was moved and seconded (Dekker/Pauley) the Mayor be authorized to execute the Interagency Memorandum of Agreement, and it passed unanimously. Mayor Dannels adjourned the meeting at 8:19 P.M. Convene as the Estes Park Housing Authority 1. Resolution #3-95 - Letter of Commitment with Mercy Housing. Inc. Assistant Administrator Widmer reviewed the Letter of Commitment with Mercy Housing, Inc. for the Lone Tree Apartment Project. In summary, Mercy Loan will provide a loan of up to $150,000 for a term of twelve months, at an interest rate of 6% applicable to the actual amount borrowed. The loan requires security in the form of a First Position Deed of Trust on the site. This "bridge" loan will get the project to the point of closing on a construction loan. Attorney White reported that the Resolution authorizes the loan commitment, Promissory Note in the amount of $150,000, with re-payment to the Town on or before December 31, 1997. Trustee Miller noted that it is ill conceived for Government to enter into such projects. It was moved and seconded (Doylen/Pauley) Resolution #3-95 be approved, and it passed by the following votes: Those voting "Yes" Commissioners Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Commissioner Miller. Mayor Dannels adjourned the meeting at 8:26 P.M. Convene as the Board of Trustees 9. Ordinance #19-95 - Transferring 4.784 Acre Parcel located at 1310 Manford Ave. to the Estes Park Housing Authoritv. Town Attorney White read the Ordinance. Trustee Miller reiterated his objection. It was moved and seconded (Doylen/Gillette) Ordinance #19-95 be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. Board of Trustees - September 12, 1995 - Page 5 10. Resolution #26-95 - Approval of Mortgage. Town Attorney White read the Resolution. With Trustee Miller restating his objection, it was moved and seconded (Gillette/Pauley) Resolution #26-95 be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. 11. Town Administrator's Report: i A. None Following completion of all Agenda items, Mayor Dannels adjourned the meeting at 8:30 P.M. H. B. Dannels, Mayor ................ Vickie O'Connor, Town Clerk , BRADFOR[}PUILISHINGCO RECORD OF PROCEEDINGS Light and Power Committee September 14, 1995 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker and Trustee Pauley Also Attending: Town Administrator Klaphake, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Deputy Clerk Kuehl Absent: Trustee Miller Chairman Dekker called the meeting to order at 8:02 a.m. ROCKY MOUNTAIN NATIONAL PARK -- PROPOSED ADMINISTRATIVE ELECTRIC RATES AND CHANGE ORDER FOR ELECTRIC RATE STUDY Director Matzke reported that M.E. Kiburz and Associates completed an electric rate study for the purpose of developing delivery rates for Rocky Mountain National Park administrative use loads which have access to free electric power from the Bureau of Reclamation (USBR). The rates are designed to recover the Light & Power Department's cost. Three rates were developed: administrative housing, small administrative and large administrative. Barry Hesker, Chief, Office of Operations Engineering for the National Park Service, announced the Park Service has been in contact with the rate consultant and USBR, and is agreeable with the proposals. This project involves two remaining agreements. One allows for the eventual transfer of the Park system to the Town as modifications are completed. The second agreement between the Town, Platte River, and the Park Service will provide for delivery of power to administrative loads using Town administrative rates and Platte River delivery rates. The Committee recommends adoption of these rates and requests that the Town Board set a public hearing on November 14, 1995. Following is the proposed schedule for implementation of these rates: 9-26-95 Town Board to set a public hearing for consideration of electric rate changes at the regular Town Board meeting, November 14, 1995. 10-13-95 Publish notice of public hearing with proposed rate schedules and mail notification of public hearing with proposed rate schedules to Rocky Mountain National Park. 11-14-95 Public hearing to present rate study and recommendations, and consider ordinance to adopt rate changes. 12-14-95 Rate changes become effective beginning with the first billing cycle following 12-14-95. Director Matzke reported that the Town contracted with M.E. Kiburz and Associates to perform the electric rate study at a cost not-to- exceed $5,000. Mr. Kiburz has requested an increase of $1,000 due to an additional meeting with National Park Service representatives to discuss the proposed rates and additional study on our time of day energy rates. The 1995 Light & Power Professional Service budget has adequate funding for this request. The expense to date has been $1,596. The Committee recommends the contract with M.E. Kiburz and Associates be increased to a not-to-exceed amount of $6,000. LONG RANGE SYSTEM PLAN -- APPROVAL REQUEST FOR PROPOSALS Director Matzke requested permission to seek proposals for a Light & Power Department Long Range Plan, which is necessary because of expansion of the Town's system to serve growth in the area. Administrator Klaphake noted that the Water Department performed a similar study. Following is the Scope of Services: IRA'FORD PUSLISHING CO. RECORD OF PROCEEDINGS Light & power committee, September 14, 1995 - Page 2 1. Electrical Model of Distribution System. Include voltage drop, conductor loading, and fault current analysis, and identify areas of concern and projects indicated. 2. Evaluate age of major facilities and need for replacement or upgrade. 3. Five Year Capital Improvement Plan. Prioritize projects and provide cost estimates by project. 4. Funding requirements for the Capital Improvement Plan. 5. Estes Park System in 2005. Include substation requirements, feeder requirements, projected loading, ultimate system map. The Committee recommends Staff be authorized to obtain bids for Phase I of the Light & Power Department Long Range System Plan. Requests for proposal will be mailed prior to the October 26 Town Board meeting to allow time to review proposals and recommend a consultant at the October Light & Power Committee meeting. REPORTS Director Matzke presented various graphs and the Financial Reports for August. Thermal Storage Program: Assistant to the Light & Power Director Mangelsen will travel to Washington D.C. to accept a special recognition award for energy efficiency. Estes Park was ranked in the Top Ten nationwide for the thermal storage program. The Committee commended Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, and Secretary Kilgore for their team effort in submitting the application and subsequently receiving the award. Mangelsen also reported that 50 customers have installed thermal storage heaters and are pleased with the quality and cost. Fall River Hydro Plant: Mangelsen reported that the Fall River Hydro project is again being reviewed by the Federal Energy Regulatory Commission. Administrator Klaphake added that the desire to restore this plant is only for the remaining life expectancy of the plant and is not to be a permanent operation. If FERC is favorable to the project, the Park Service may intervene to prevent the refurbishment of this plant. Project Updates: The Lexington Ln. and Hwy. 7 conduit has been installed. The tie-in will be completed in 1997 when Highway 7 is widened. Work on the Fish Creek street light conduit has started with contractors and permits in place. The Scott Ave. circuit tie will be complete this year. Electric service conversion of the Park Service headquarters building is complete with the back country office and utility buildings in progress. PRPA and WAPA public workshop regarding the Marya Lake Loop project will be held at the Holiday Inn, October 4. The Department has responded to an Environmental Protection Agency request for information regarding the disposal of PCB contaminated equipment with PCB. Inc. of Kansas City, Missouri. The next Light & Power Committee meeting will be Thursday, October 5, at 9:30 a.m. There being no further business, Chairman Dekker adjourned the meeting at 9:20 a.m. September 18, 1995: Due to a scheduling conflict, the next Light & Power Committee meeting was rescheduled to Thursday, October 19, at 9:00 a.m., immediately following the Public Safety Committee meeting. 74- K.19 Tina Kuehl, Deputy Town Clerk IRADFOR' PU/LI'HING CO. RECORD OF PROCEEDINGS Public Safety Committee September 21, 1995 Committee: Chairman Gillette, Trustees Dekker and Marshall Attending: All Also Attending: Town Administrator Klaphake, Fire Chief Rumley, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:15 A.M. POLICE DEPARTMENT No report. FIRE DEPARTMENT. Chief Rumley requested janitorial services for the Fire Station restrooms. After discussion, the Committee recommends the janitorial service for the Fire Station restrooms be incorporated into the janitorial maintenance agreement with the Town of Estes Park. There being no further business, staff requested an Executive Session to discuss land negotiations. Receiving consensus to enter Executive Session, Chairman Gillette adjourned the meeting at 8:17 a.m. irr- Ku.19 Tina Kuehl, Deputy Town Clerk BRADFOROPUBLISHINGCO· RECORD OF PROCEEDINGS Planning Commission September 19, 1995 Commission: Chairman Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Burgess, Gilfillan, Pohl, and Thomas Also Attending: Trustee/Liaison Dekker, Community Development Director Stamey, Senior Planner Joseph, Town Attorney White, Clerk O'Connor Absent: Commissioners Brown and A. Hix Chairman Sager called the meeting to order at 9:30 A.M. 1. MINUTES. Minutes of the August 15, 1995 meeting were approved as presented. Chairman Sager reviewed the Rules of Conduct for the benefit of all those in the audience. 2. Mountain Park Subdivision (Storer Ranch Addition). SE i OF Section 19. TSN. R72W of the 6th P.M.. Town of Estes Park. Outlots A&B- Combined Zoning Hearing. Attorney White reported that the Commission will be reviewing three zoning proposals for this site: Plan "A" - Proposed by the Developer, rezones proposed Outlots A and B from Commercial Outlying to R-M Multi- family Residential). Plan "B" - Proposed by Lone Pine Residents, would rezone the northern 1/2 to E-Estate. Plan "C" - Informal plan proposed by staff (following their meeting with Larimer County representatives). Following presentation of all three plans, comments will be heard from the audience. Plan "A'I. Applicant' s Representative Bill Van Horn commented that the site has been zoned C-0 since it was annexed, and that the C-0 zone allows intense use--retail and commercial. The Applicants (Wille and Wehr) were aware of the existing character of the neighborhood to the east and attempted to respond to and design a transition for permitted uses. The Applicant has agreed to restrictive covenants to ensure a favorable transition from commercial to estate, i.e. no metal buildings, decorative fencing, architectural review, and landscaping--all to be compatible with current and future neighbors. Mr. Van Horn urged the Commission to recognize the significant contribution being provided by the Applicants as their proposal was prepared with sound land planning. Plan "B'°. Jim Toresdahl, 1720 High Pine Dr. , referred to the definition of Vested Property Right as contained in Title 17, including the Comprehensive Plan (both current and proposed), and read aloud portion of the "Purpose" also contained in Title 17, and questioned whether the following items were adequately addressed: high density (less likely to enhance the general welfare), property values, intrusion in E-Estate zoning, proposed eight condominiums/acre where there is BRADFORD PUBLISHING co. RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 2 currently one house on slightly less than one acre, elk migration (high density eliminates the elk corridor as well as pasture), over-crowding, existence of low-income housing in the area, there is no open space being proposed, transportation facilities, fire hazard, and earthquake fault relative to multi-story buildings. In summary, the Applicants have failed to respond to the desires of the community. Ron Harvey, 1830 N. Ridge Ln., stated that prior to annexation of the 35 acres, the first 600' was zoned commercial, primarily for accommodations; behind the commercial designation, the property was zoned E-Estate in Larimer County. Storer Ranch Addition was annexed in 1984 with C-2 zoning, then changed to C-0. The area proposed for E-Estate is 17 acres. The proponents desire the northern 17 acres be returned to estate, with the remaining 18 acres along Highway 34 being zoned C-0. The 35-acre site was zoned commercial with the business park proposal. When this proposal failed, residents were unaware they had a right to return previous zoning to this property. Plan "C". Community Development Director Stamey reported that in a meeting with Larimer County representatives, staff prepared a bubble plan for 160 acres that includes open space with pockets of residential development, cluster development, continuous access and internal loop connection. C-0 is proposed at the southeast corner (11 acres) with use as exists today, and transition to R-M at the western half (14.5 acres). A transitional zone of 4.5 acres zoned R-S, adjacent to the Lone Pine E-Estate zoning, would be designated for single- family development. Larimer County supports Plan "C"; however, consensus has not been achieved with the Developers and Lone Pine neighborhood. Audience comments were heard from: Ralph Nicholas, 1660 N. Ridge Ln., read an excerpt from the Draft Comprehensive Plan and commented on the quality of life and the decline of such, open space/Land Trust support, wildlife habitat, the shared vision of Town government and citizens, against "piecemeal" development, and urged approval of Plan 11 B") . Ed McKinney/EVIA, EVIA could not arrive at a consensus due to many unknowns, it is important to consider the existing character of use in the region, neighborhood desires and how they will be impacted, the greater community wishes relative to the Talmey-Drake survey, the needs of the biotic community, long-range needs of the community, wishes of the developers, possibility of the Commission to proceed on the CO portion of the property, and Mr. McKinney urged citizens to get involved with the Town Budget relative to a desire to divert funds to open space. Linda Tucker, 741 Lone Pine Dr., requested and received confirmation on the size of the lots in Plan C, how open space is being provided, and whether entry level homes were being proposed. With the Developers' proposal of 160 condominiums, there could be an extra 400 people in the area. Concern was expressed on property values, open space, the neighbors are willing to work with the Developers, however, the Developers have not responded to their letters and covenants. Joann Hanna, 1050 E. Lane, the people most directly affected by the proposal should buy the property and give it to the Land Trust. Vivian Meyers, 1751 Raven Ave. her residence is across the street from an existing large condominium complex which does not have a manager in authority to hear complaints such as the accumulation of junk cars, appliances, and furniture. Ms. Moyers is opposed to the plan based on the above, and increased traffic. Lee Ann Wehr, offered her voice for commercial merchants and the BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 3 contributions made to the community; her business will be impacted by the CDOT Highway 7 widening project which will put Park Supply out of business. The Developer's intend it to provide a service to the community, help retain business in Estes Park, and the Developers are not adverse to compromise. Merwyn Joens, 1041 Otis Ln., commented on the over-population of Aspen and expressed concern with expected growth with this project. Mr. Joens urged the Commission and Town Board to limit growth for the continued quality of life. Dick Barlow, 351 Moraine, requested and received confirmation that Plan "C" would delete the 600' strip of commercial zoning on the land in the County, and noted that potential buyers of property should take a pro-active stance prior to investing in property. Thelma Shoemaker, when she purchased her property in the 70's, the property in question was zoned E-Estate. If the condominiums are constructed, they will block her view, she objected to the zoning change in 1984 and presumed the zoning would revert back to estate zoning when the proposed business park failed. Ms. Shoemaker also expressed concern with fire protection and street connections. Linda Tucker, reiterated that the neighbors were advised by the Developers that the Plan was non-negotiable, commented on drainage concerns. Ms. Tucker read excerpts from a recent Peter Boyles news article and appealed to the Commission for their assistance in responsible development of this property. Carol Harvey, 1830 N. Ridge Ln., questioned whether the portion of the site designated commercial was the last remaining commercial property, Lone Pine is the entrance to Town, why is commercial being allowed such as auto repair shops and the ark. Tedd Shanks, 1760 Lone Pine Dr., the majority of homeowners in Lone Pine purchased their property prior to proposed development of the 35 acres. Ron Harvey, residents are in agreement with the CO zoning portion for the southeast corner if it can be maintained, the restrictive covenants are agreeable, the primary issue is uncontrolled growth, the Town's eastern entrance now has an ark, with approval of the Developers' proposal, a wall of condominiums will be added. In addition, the open space equates to 15% or less while the Stanley Historic District was required to provide 30%, and residents are willing to work with the Developers. In rebuttal, Mr. Van Horn stated that the Developers have significantly changed their proposal to accommodate neighborhood concerns, and the Applicants have requested down- zoning from commercial to R-M Residential to ensure auto repair shops and questionable architectural buildings cannot occur. In reviewing the site with John Pedas/Larimer County, it was determined that an error exists in the County zoning map, and in 1981, the official County zoning map indicated that the County commercial zone reached the rear of the property--the centerline of Section 19. There is no basis to expect estate zoning as requested in Plan "Bl'. Ralph Nicholas commented on the importance of wildlife as witnessed by the recent special wildlife section in the Trail Gazette. In addition, 72.2% of all residential property in Vail is not primary residence. With the Talmey Drake survey, 90% of the people desire open space. Linda Tucker reiterated that the residents are not as concerned with the first 600' (commercial) and that at their meeting with the Developers, a plan had not been submitted for the structures, thus the residents had no guarantee of what was to occur. Edwina Lindgren, 1776 Olympian Ln. expressed concern with two-story structures and the amount of asphalt. Jim Toresdahl requested consistent land uses. BRADFORD PUBLISHING co. RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 4 Director Stamey acknowledged correspondence received from Jim Welch/Storer Ranch Co-owner supporting Plan "A", opposing Plan "B", requesting the Commission conditionally approve Plan "A", subject to the property being sold to the developers. In addition, staff acknowledged the following in the packet: neighborhood suggestions for the covenants, reduced map of Mountain Park Subdivision, Plan "B" Petition, and letters in support of Plan "B" from Karen Zipser, Jane Hinson, Mr. and Mrs. Ron Harvey, and Ron Harvey, Mr. and Mrs. Harvey Tucker (2), Mr. and Mrs. John Zollman, and Ralph Nicholas. A report written by Carol Prince (Lone Pine resident) presented to the Town Board August 22, 1995 was also acknowledged. Chairman Sager presented copies of Planning Commission minutes dated November 20, 1984 where the annexation and concept plan of the Storer Ranch Addition was favorably recommended, with 23 conditions, to the Town Board and minutes of Town Board December 4, 1984 approving the annexation and development which was to occur as a P.U.D. Attorney White clarified that the P.U.D. regulations have been deleted from the Code and that in 1986, the entire Town was rezoned and the 35 acres was zoned C-0 Commercial; the previous 23 conditions have been deleted as well. Director Stamey reported that the current Draft of the Comprehensive Plan has not been adopted--the Plan is for future land use only at this time. Attorney White confirmed that as Plan "C" was not a "formal" plan, it could not be approved without benefit of an advertised public hearing, and that Plans "A" or "B" must be acted upon separately. Staff also clarified that the Town has not received the technical details on the Developers' proposal requested by the Commission in August. It was moved and seconded (Pohl/Burgess) Plan "A" for the Storer Ranch Addition be continued until the October 17, 1995 Planning Commission meeting, and in no event shall the decision on Plan "A" be made later than the November 21, 1995 Planning Commission meeting, and it passed unanimously. It was moved and seconded (Pohl/Burgess) Plan "B" also be continued until the October 17, 1995 Planning Commission meeting, and in no event shall the decision on Plan "B" be made later than the November 21, 1995 Planning Commission meeting, and it passed unanimously. With consensus by, and direction of the Planning Commission, staff, in the interim, is to work with the Developers and Lone Pine Neighborhood to refine Plan "C" and attempt to reach a compromise. Mr. Van Horn stated he anticipates being prepared by the October 17 meeting. Ron Harvey commented that if the residents are involved in the decision-making process, they will assist in meeting the October deadline. Chairman Sager declared a 10-minute recess at 11:30 A.M. Chairman Sager reconvened the meeting at 11:40 A.M. 3. SUBDIVISIONS. 3.A. Preliminary Plat of Mountain Park Subdivision (Storer Ranch). Richard Wille and Jim Wehr/Applicant. This item was previously continued under Item #2 above. 3.B. Amended Plat of Lot 1. Stanley Meadows Addition. Town of Estes Park/Applicant. It was moved and seconded (Burgess/Thomas) the Amended Plat be continued to October 17, BRADFORDPUSLISHING CO. RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 5 1995, and it passed unanimously. 3.C. Amended Plat of Lots 7. 8. 25. and a Portion of Lot 24. Block 10. Town of Estes Park (Lewiston Condominiums). Rex Miller/Applicant. It was moved and seconded (Thomas/Pohl) the Amended Plat be continued to October 17, 1995, and it passed unanimously. 3.D. Amended Plat of the Manske Subdivision. Brook & Avalon Drive. Glen & Margaret Manske/Applicants. The intent of this submittal is to divide the property known as Manske Addition. The property consists of one lot of 1.55 acres and the proposed lot split will create two conforming lots of 0.90 acres (39,249 sq. ft.), and 0.65 acres (28,348 sq. ft.). Both lots will be served with public utilities. There will be a detention pond in the southeast corner of Lot 1, and the storm water management report has been prepared. This proposed subdivision qualifies as a minor subdivision under Section 16.12.070 and may be considered as a final plat. Applicant' s Representative Van Horn reviewed the staff report, noting the owner's concurrence. Jeannette Villers, adjacent resident, questioned what the maximum density would be on each lot. Staff responded that one duplex on each lot would be allowed. There being no further discussion, it was moved and - seconded (Pohl/Thomas) the Amended Plat of the Manske Addition be favorably recommended to the Town Board, subject to the following conditions, and it passed unanimously: 1. Indicate adjacent lot information on the plat. 2. Provide proof of inclusion, or application for inclusion, in the NCWCD prior to Town Board review. 3. As Lots 1 and 2 share a common driveway, a maintenance agreement must be added to the plat. 4. Indicate angle point information for 15' utility easement. 5. Detention pond detail be approved by Public Works prior to the first building permit. Detention pond to be constructed with first building permit - this note to be added on plat. Representative Van Horn reported that he does not anticipate NCWCD to respond by the September 26 Town Board meeting, thus this plat will be placed on the Board's October 10 Agenda. 3.E. Amended Plat of Lots 20 & 21. Grand Estates Subdivision. James Watson/Applicant. Bill Van Horn, Applicant's Representative, stated that the intent of this amended plat is to adjust the interior lot line of Lots 20 and 21, Grand Estates Subdivision to place all improvements (house, garage and storage building) on one lot. The existing residence is on Lot 20, and the garage and barn are on Lot 21. Staff believes it is possible to configure the proposed lots to provide two conforming lots (the garage and residence would be located on one lot and the storage building on the other lot). The Applicant contends that Board of Adjustment consideration is unnecessary as the owner is not changing the existing non- conformance, just reversing it. Director Stamey noted that he will confirm whether Board of Adjustment consideration is required. There were no comments from the audience. It was moved and seconded (Burgess/Gilfillan) the Amended Plat of Lots 20 and 21, Grand Estates Subdivision be favorably BRADFORD PUBLISHINGCO· RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 6 recommended to the Board of Trustees subject to all existing service lines be shown and placed in easements, as appropriate, and a 10' utility easement be provided along the perimeter of each lot, and it passed unanimously. Mr. Van Horn confirmed that, if needed, the owner will apply for a variance. 3.F. Amended Plat of Lot 2. Murphy Subdivision. 753 & 755 Prospect Ave.. Habitat for Humanity/Apglicant. Mindy Klowden, Habitat Representative, reported that the proposal will create two single-family lots to accommodate one duplex for affordable housing. Director Stamey reviewed the staff report which includes a Special Review Request to grant an exception to Section 17.20.020, B., 6., e., to reduce the minimum lot area of 18,000 sq. ft. to 13,491 sq. ft. An access easement is shown on Lot 2B for the benefit of Lot 2A. This plat qualifies as a minor subdivision and, as such, may be considered as a final plat. The Code provides that each lot or dwelling unit assured for at least ten years to be sold at a price of not more than 300% of the Larimer County median family income; an exception to the minimum lot area may be granted down to two-thirds of the area normally required. The deed restrictions proposed for the property should be reviewed by the Town Attorney for Code conformance prior to Town Board consideration. Ms. Klowden confirmed that separate water services will be installed, however, said lines were not yet completed. There were no comments from the audience. It was moved and seconded (Thomas/Gilfillan) the Amended Plat of Lot 2, Murphy Subdivision be favorably recommended to the Board of Trustees, incorporating the following, and it passed unanimously: 1. Add access maintenance agreement to the plat. 2. Two weeks (minimum) prior to Town Board review, the Applicant is to provide a copy of the deed restrictions regarding sales price of the units, for review by the Town Attorney. 3. Separate water service lines and taps be provided for each unit. 4. Locate the lot on the vicinity map. 3.G. Amended Plat of Lots 3 & 4. Deville Subdivision. 1110 Woodstock Dr.. James Barleen/Applicant. This amended plat proposes to combine two existing lots into one lot. Kerry Prochaska, Applicant's Representative, reported that the amended plat is being proposed along with a development plan which converts the existing dinner theater use to a combination gas station/convenience store/ video store. Items contained in the staff recommendation have been completed. Director Stamey requested the dedication of additional right- of-way note #1 be modified to: "Woodstock Drive right-of-way dedicated to the Town of Estes park with this plat." In addition, the dedication statement is to dedication of streets to be added to the plat. Mr. Prochaska confirmed that the sanitation lines are within an existing easement. There being no comments from the audience, it was moved and seconded (Thomas/Burgess) the Amended Plat of Lots 3 & 4, DeVille Subdivision be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously: 1. Dedicate the additional Woodstock Drive right-of-way with this plat. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 7 2. The 10' easements be identified as utility and drainage easements. 3. Add drainage maintenance note to plat. 4. Drainage ditch to be hydro-seeded in early Spring of 1996. 5. Show Stanley Avenue right-of-way and street. 6. Show lots on vicinity map. 7. Modify dedication statement to reflect dedication of street right-of-way. 4. DEVELOPMENT PLANS. 4.A. Development Plan #95-9. Lots 3 & 4. Deville Subdivision. 1110 Woodstock Dr.. James Barleen/Applicant. This development plan proposes a change of use for an existing building, from dinner theater to gas station/convenience store/video store. The existing building will be renovated, adding 100 sq. ft. to the structure. A gasoline pump island with canopy will also be added. A second access off Woodstock is proposed to be added, with parking and site circulation revised to accommodate the new pump island. Approximately 11,500 sq. ft. of existing asphalt pavement will be removed to create planting beds along Highway 7 and Woodstock Drive, to be planted to Town standards. The height and general architectural style of the building will remain unchanged; however, a new store front and public entrance will be located on the North side of the building to serve the video store. Applicant's Representative Prochaska reported that changes have been made to the plat subsequent to staff comments. Mr. Prochaska reported that the Applicant is dealing with CDOT concerning the Highway 7 widening project and drainage improvements. The sidewalk clearance width has been increased from 5' to 7'; discussion has not yet occurred with CDOT on the existing hike/bike path along Hwy. 7; the intersection has been re-designed and RMC will review changes with Public Works Director Linnane to ensure the configuration is sufficient to meet the needs of said intersection. Commissioner comments included: confirmation of where the sewer line on the south side of Woodstock was located; whether the corner requirements at the western access off Woodstock Dr. meet Town standards relative to stacking of vehicles (a total of eight vehicles are being proposed - Director Linnane noted that should a problem arise, the Applicant would be requested to change configuration and add a one-way arrow); confirmation that parking stops would be installed and indicated on the plat; confirmation that the existing 30' western access is non-conforming and that it will be eliminated; and that lighting be contained on-site. There were no comments from the audience. It was moved and seconded (Pohl/Gilfillan) Development Plan #95-9 be approved subject to the following conditions, and it passed unanimously: 1. Provide for a 20 ft. edge radius for the driveways. 2. Coordinate the drainage improvements with CDOT and Public Works. BRADFORDPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 8 3. Provide irrigation for landscaping. 4. Substitute trees for shrubs on a mutually agreed upon formula with staff (proposed 4% shrubs = 1 tree). 5. Provide for a minimum sidewalk clearance width of 5 ft. (e.g. widen sidewalk to 7 feet), and provide a curb ramp. 6. Show typical parking dimensions. 7. In coordination with CDOT and Public Works, determine feasibility of placing pedestrian/bike path on the western edge of this site. 8. Show new alignment of Woodstock with horizontal curve radius. Show Stanley Avenue right-of-way and street. 9. Lighting to be confined on-site. 4.B. Development Plan 93-12. Lot 1. Booth Resubdivision. John & Sandra Gilfillan/Applicant. Commissioner Gilfillan declared a conflict of interest and vacated the room. Paul Kochevar, Applicant' s Representative, reviewed staff comments indicating a second phase of eight units for a total 14 rental units plus one manager's units are being proposed. The first phase consisting of six units and an office/manager's unit has been constructed. The basic layout of the site would remain the same with the duplex unit footprints longer and more narrow. Most of the mature trees are being retained. The total project conforms with the minimum lot area requirement of 103,500 sq. ft. The site area, when adjusted for floodplain, equals 109,482 sq. ft. Parking will be installed for the second phase (7-10 additional spaces plus two for the manager) during construction. Unit numbers will be indicated on the parking spaces and as Units 1 and 3 are handicapped-accessible, handicapped spaces will be available, and parking bumpers will be installed. Additional parking for the third phase will occur in 1996. A note regarding phased parking will be added to the plat. Discussion with the Estes Park Sanitation District will occur within the next few weeks and issues will be resolved prior to any additional building permits being issued. As there were no comments from the audience, it was moved and seconded (Burgess/Thomas) Development Plan #93-12 for Riverwood Phase II, Lot 1 Booth Resubdivision be approved contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Burgess, Pohl, Sager and Thomas. Those voting "No" none. Those "Abstaining" Commissioner Gilfillan. 1. Identify two handicapped accessible units. 2. Identify typical building and walkway dimensions. 3. Clarify parking note. 5. ANNEXATIONS. 5.A. Mignery Addition. Highway 7. West of Carriage Hills. 6th Filing. Herb & Sherry Mignery/Applicant. Chairman Sager opened the public hearing. Representative Kochevar noted that the proposed 4-acre parcel is zoned E-Estate in the County. There is a residence located on Lot 1, and a well on Lot 2. Bluebird Lane is private and it cannot be utilized for access as originally planned. Thus, a vicinity map was presented • ....FOR. PUBL...ING.0 RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 9 that provided an alternative access for Lot 2. Seven existing homes access their residences via an access easement, and the Applicant is proposing extending the easement for Lot 2. The Applicant agrees with staff comments, and is requesting E- Estate zoning. Mr. Kochevar confirmed that adjacent property owner Mr. Okamoto is willing to provide an easement; however access has not yet been obtained from Mr. Meyer. Director Linnane reported that staff has not had an opportunity to verify the slope and width of the proposed access (driveway). Audience comments were heard from the following adjacent property owners: Corky Sorensen, who expressed her opposition to any access as, by agreement, they must maintain the road, traffic has increased due to the Applicant's business and ad j acent rental property. Eberhard Meyer, who stated Bluebird Lane is private and he intends it to remain so. In 1974 he provided an easement for Mr. Okamoto for access. If Mr. Okamoto has provided an additional easement and the document has been recorded, the document must be voided. Teddy Haines, who expressed concern with water relative to existing wells. The well on proposed Lot 2 is inactive, if it is activated, the well could negatively impact all other wells. The existing wells are "minimum yield" providing from 8-10 gallons of water per hour. Jon VerSchurr, who reported he had his well fractured to provide additional water. The well has since reverted to producing a minimum yield. Mr. VerSchurr also commented on a previous plat that addressed the private driveway. Staff responded that the Commission had no authority to request the Okamoto easement to Mignery be voided. Ann Leonard stated she had no objection to the annexation, however, she was concerned with the well situation and additional traffic. Robert Haines requested clarification on annexation and Town water and sewer facilities. Mr. Kochevar stated that the Applicant advised him to withdraw the Annexation Petition should neighborhood concerns be expressed. There being no further testimony, Chairman Sager declared the public hearing closed. Acting upon the Applicant's request, it was moved and seconded (Burgess/Thomas) the Annexation Petition for Mignery Addition be withdrawn, and it passed unanimously. 5.B. Fish Creek Addition. (formerly Waterbury Addition). Joan Waterburv/Applicant. Chairman Sager opened the public hearing. Paul Kochevar, Applicant's Representative presented a map with additional detail indicating Lot 1 on the west side of Fish Creek, and Lot 2 on the east side. This is a proposed subdivision combined with an annexation request. The site consists of two existing unimproved parcels under the same ownership zoned as E-Estate in the County. The Applicant is requesting R-S zoning and subdivision into three lots of just under one acre each. Additional land is being dedicated as public right-of-way along Fish Creek Road. The proposed subdivision qualifies as a minor subdivision under 16.12.070, and as such may be considered as a final plat. The proposed annexation meets all applicable criteria, and the requested R-S zoning is consistent with the character of the surrounding neighborhood, particularly considering the size of the proposed lots. A 15' public access easement along Fish Creek Road will be provided, and an agreement from adjacent resident Mr. Campbell BRADFORDPUILISHING.0 RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 10 for access off Country Club Drive has been obtained. As there were no comments from the audience, Chairman Sager declared the public hearing closed. It was moved and seconded (Thomas/Burgess) the Fish Creek Addition be favorably recommended to the Town Board, contingent upon the following, and it passed unanimously. 1. Rectify legal description and annexation map. 2. Show former property line. 3. Revise wetlands note. 4. Each lot to be served by public water and sewer. 5. Prior to approval of the final plat by the Board of Trustees, the developer finalize the water line reimbursement provision with Gerald Palmer. 6. Provide a copy of the access easement from Mr. Campbell. 7. A note be added to the plat regarding the maintenance agreement for the access easement for Lots 2 and 3. 8. Add a note to the plat that only single-family lots will be allowed. Commissioner Burgess noted the Applicant's effort in improving the plan with this submittal. It was move and seconded (Pohl/Burgess) the Fish Creek Addition be zoned R-S Residential, and it passed unanimously. 6. COUNTY REFERRAL. 6.A. Marvs Lake Estates. Rudolf & Hilde Frank/Applicant. Senior Planner Joseph reported on his discussion with Larimer County Zoning Administrator JerrY White concerning zoning for this site. Upon research, Mr. White has determined that the property is currently zoned E-Estate which raises a question as to the appropriateness Of a bed and breakfast accommodation. Applicant' s Representative Kerry Prochaska was unaware of the E-Estate zoning. Real Estate Agent Judy Nystrom advised that the purchasers were assured by Larimer County that the property was zoned A-Accommodations, and requested the Commission consider the proposal regardless of zoning issues. Staff commented that the Town's bed and breakfast regulations differ from those of the County, and that due to the discrepancy in the zoning designation, it is inappropriate to consider this proposal at this time. Director Stamey will so advise Larimer County of the Commission's discussion on this proposal. 7. REPORTS. 7.A. Commercial Zoning. Phil Switzer. In a letter dated August 13, 1995, Phil Switzer requested properties bounded by Highway 7 on the east and Stanley Ave. on the west be rezoned to provide more equitable setbacks that would allow for the existing setbacks of existing buildings. During the mid- eighties, when the majority of these properties were rezoned to C-0, most properties were already built upon and thus, they did not conform to the new zoning setbacks. Staff reported the request does have merit and that it will be considered during the Phase III of the new Comprehensive Plan. eRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - September 19, 1995 - Page 11 Staff noted the Comprehensive Plan Work Session scheduled Thursday, September 21 at 1:30 for the Planning Commission. Chairman Sager reported that the Planning Commission will resume their winter meeting schedule with their October 17 meeting (work session at 12:00 noon, with the public meeting held at 1:30 P.M.). There being no further business, Chairman Sager adjourned the meeting at 1:30 A.M. Vickie O'Connor, CMC/AAE, Town Clerk -AD-'OPU'U-1- CO· RECORD OF PROCEEDINGS Light and Power Cammittee - ' 7-€.4 ... 3 ...Al September 14, 1995 - Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker and Trustee Pauley Also Attending: Town Administrator Klaphake,-Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Deputy Clerk Kuehl Absent: Trustee Miller Chairman Dekker called the meeting to order at 8:02 a.m. ROCKY MOUNTAIN NATIONAL PARK -- PROPOSED ADMINISTRATIVE ELECTRIC RATES AND CHANGE ORDER FOR ELECTRIC RATE STUDY Director Matzke reported that M.E. Kiburz and Associates completed an electric rate study for the purpose of developing delivery rates for Rocky Mountain National Park administrative use loads which have access to free electric power from the Bureau of Reclamation (USBR). The rates are designed to recover the Light & Power Department's cost. Three rates were developed: administrative housing, small administrative and large administrative. Barry Hesker, Chief, Office of Operations Engineering for the National Park Service, announced the Park Service has been in contact with the rate consultant and USBR, and is agreeable with the proposals. This project involves two remaining agreements. One allows for the eventual transfer of the Park system to the Town as modifications are completed. The second agreement. between the Town, Platte River, and the Park Service will provide for delivery of. power to administrative loads using Town administrative rates and Platte River delivery rates. The Ca=nittee recommends adoption of these rates and requests that the Town Board set a public hearing an November 14, 1995. Following is the proposed_ schedule for implementation of these rates: 7. ' -. '7.J I.J '·-it-t -)11 .2-10 3:i e riL· ~ 9-26-95 Town Board to set a public hearing- for consideration of electric rate changes at the regular Town Board meeting, November 14, 1995. 10-13-95 Publish notice of public hearing with proposed rate schedules and mail notification of public hearing with proposed rate schedules to Rocky Mountain National Park. 11- 14 - 95 Public hearing to present rate study and recommendations, and consider ordinance to adopt rate changes. 12-14-95 Rate changes become effective beginning with the first billing cycle following 12-14-95. Director Matzke reported that the Town contracted with M.E. Kiburz and Associates to perform the electric rate study at a cost not-to- exceed $5,000. Mr. Kiburz has requested an increase of $1,000 due to an additional meeting with National Park Service representatives to discuss the proposed rates and additional study on our time of day energy rates. The 1995 Light &. Power Professional Service budget has adequate funding for this request. The expense to date has been $1,596. The Committee recammends the contract with M.E. Kiburz and Associates be increased to a not-to-exceed amount of $6,000. LO17&*RANGE SYSTEM PLAN -- APPROVAL REQUEST FOR PROPOSALS Dire@£62Matzke -BequdEre-·UEE£&11 -~- -----~0~~ZIFII~'~~ight & Power Department Lonl,lia//11*Ph tecessary because of expansion of tb,-·gle•Fi-' s system _ __ rowth in the area. Administ rliar-Caphake noted that the Water~3*h*ment performed a sifrrtta1study. Following is the Scope of Services: - . . Board of Trustees - May 23, 1995 - Page 2 3. Final Plat of Sleepv Hollow Subdivision, Garv D. Connolv/ 3.Al Applicant. Pursuant to the Letter of Credit and Homeowner's Association documents not being reviewed by the Town Attorney, , plus notice that a civil law suit has been filed concerning ~ access, it was moved and seconded (Doylen-Gillette) the Final ~ Plat of Sleepy Hollow Subdivision be continued to June 13, 1995, and it passed unanimously. Board of Trustees - June 13, 1995 - Page 2 3.A. Final Plat of Sleepy HolloW Subdivision. Garv D. connoly/Applicant. Acting upon the Applicant's request, it ~ was moved and seconded (Doylen/Gillette) the Final Plat of I Sleepy Hollow Subdivision be withdrawn (pending civil litigation), and it passed unanimously. I •RAO,OID ~U,61,-•a CO. RECORD OF PROCEEDINGS planning Commission - May 16, 1995 - Page 5 2.D. Final Plat of Sleenv Hollow Subdivision. Garv D. Connolv/Applicant.. The proposed subdivision consists of 10 single family lots, a 14.7 acre qpen space outlot, and a 17.7 acre open space outlot. Rick England, RMC/Applicant's representative, reported that the Access permit from CDOT has been received, and the Access Agreement with adjacent propertY owners has been signed and is now being held in escrow by TransAmerica Title. All staff recommendations have been completed and a revised plat has been submitted. Director Stamey reviewed the staff report, commenting that the note on the plat concerning any future maintenance on the one- lane bridge did not correspond to staff's recommendation. It was determined that RMC referenced the draft copy of staff's recommendation, in lieu of the final copy. Director Stamey stated that from the revised drawing, it appears all items have been addressed. Mr. England confirmed that the bridge note would be amended to meet staff's approval. Public testimony was heard from Mike Harris, who reiterated his concern with drainage which is a significant problem due to topography. Public Works Director Linnane reported he has requested additional design detail for drainage from the Applicant's engineer, the intent is to intercept and route drainage to the south or east, and suggested Mr. Harris meet with RMC for further clarification. It was moved and seconded (Burgess/Thomas) the Final Plat of Sleepy Hollow Subdivision be favorably recommended to the Board of Trustees, contingent upon the following, and it passed unanimously: 1. Easement agreement be recorded. 2. A copy of the Homeowner's Association documents be provided for review and approval at least two weeks prior to Town Board. 3. The conservation easement for Outlot B be recorded within thirty days of Final Plat approval and prior to issuance of a building permit. 4. The Outlot B dedication note be modified per Town Attorney White. 5. Larimer County Health Dept. note be removed. 6. Dedication statement be modified per Town Attorney White· 7. Open space Outlot note state "Not a building site". 8. The bridge replacement note be replaced with staff'S version as identified on the staff report dated May 5, 1995. 9. Final infra-structure design incorporate those comments of Public Works. Additional drainage design details be submitted and approved by Public Works. 10. Lots 3 and 8 be increased to 32,000 square feet. 11. The applicant petition for inclusion ln the NCWCD. 12. Provide a location and install postal cluster boxes (installation can be secured by Improvement Guarantee). 13. Improvement Guarantee be provided. planning Commission - September 19, 1995 - Page 6 4.-Amended-2latoL121.-2-,-Mlmlhl-111Mivision. 753 & 755 Prospect Ave.. Habitat for Humanity/Applicant. Mindy Klowden, Habitat Representative, reported that the proposal will create two single-family lots to accommodate one duplex for affordable housing. Director stamey reviewed the staff report which includes a Special Review Request to grant an exception to Section 17.20.020, B., 6., e., to reduce the minimum lot area of 18,000 sq. ft. to 13,491 sq. ft. An access easement is shown on Lot 2B for the benefit of Lot 2A. This plat qualifies as a minor subdivision and, as such, may be considered as a final plat. The Code provides that each lot or dwelling unit assured for at least ten years to be sold at a price of not more than 300% of the Larimer County median family income; an exception to the minimum lot area may be granted down to two-thirds of the area normally required. The deed restrictions proposed for the property should be reviewed by the Town Attorney for Code conformance prior to Town Board consideration. Ms. Klowden confirmed that separate water services will be installed, however, said lines were not yet completed. There were no comments from the audience. It was moved and seconded (Thomas/Gilfillan) the Amended Plat of Lot 2, Murphy Subdivision be favorably recommended to the Board of Trustees, incorporating the following, and it passed unanimously: 1. Add access maintenance agreement to the plat- 2. Two weeks (minimum) prior to Town Board review, the Applicant is to provide a copy of the deed restrictions „ regarding sales price of the units, for review by. the w Town Attorney. 3. Separate water service lines and taps be provided for each unit. 4. Locate the lot on the vicinity map. 9.-r Amended Plat of Lots 3 & 4. Deville Subdivision. 1110 3.6 Woodstock Dr., James Barleen/Applicant. This amended plat proposes to combine two existing lots into one lot- Kerry Prochaska, Applicant's Representative, reported that the * amended plat is being proposed along with a development plan which converts the existing dinner theater use to a combination gas station/convenience store/ video store. Items contained in the staff recommendation have been completed. Director Stamey requested the dedication of additional right- of-way note #1 be modified to: "Woodstock Drive right-of-way dedicated to the Town of Estes Park with this plat." In addition, the dedication statement is to dedication of streets to be added to the plat. Mr. Prochaska confirmed that the sanitation lines are within an existing easement. There being no comments from the audience, it was moved and seconded (Thomas/Burgess) the Amended Plat of Lots 3 & 4, DeVille Subdivision be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously: 1. Dedicate the additional Woodstock Drive right-of-way with this plat. 2. The 10' easements be identified as utility and drainage easements. 3. Add drainage maintenance note to plat. 4. Drainage ditch to be hydro-seeded in early Spring of 1996. 5. Show Stanley Avenue right-of-way and street. 6. Show lots on vicinity map. 7. Modify dedication statement to reflect dedication of street right-of-way. MONIO PUIL,IMING CO. RECORD OF PROCEEDINGS planning Commission - August 15, 1995 - page 3 ANNEXATIONS. 1.lrr_ Fish Creek Addition (formerlv submitted as Water_burl 3.b. Addition). Joan Waterbury/Applicant. Chairman Sager opened the public hearing. This proposal is for a subdivision combined with an annexation request. The site consists of two existing unimproved parcels under the same ownership zoned as E-Estate in the County. *The applicant is requesting R-S zoning and subdivision into three lots of just under one acre each. Additional land is being dedicated as public right-of- way along Fish Creek Road. Each of the proposed lots is bisected by the Fish Creek drainage, and 100-year floodplain and wetlands exist on each lot. Applicant's Representative Kochevar noted that the area is bound by E-Estate (Town) on the west, and R-S Residential (Town) on the north and south. Access to each lot is available off Fish Creek Road. The Applicant intends only single-family units, and has no objection to staff comments. Concerning access, pursuant to discussion with staff, it appears the best proposal is to combine a driveway for all three lots (access north of Lot 3) to include a common access easement for all three lots-this will be shown on the plat. The public walkway easement could be placed along Fish Creek Road. In addition, the additional wetlands on the southeast corner will also be added to the plat. Mr. Kochevar confirmed that the Applicant has obtained a permit to cross the wetlands. The property boundary at Fish Creek Road must be revised, and right-of-way dedicated 'to Larimer County--all to be revised on the plat. Warren Campbell, adjacent property owner, stated he would work with the Applicant on an agreement for access off Country Club Dr. Sr. Planner Joseph reviewed the staff report confirming that the subdivision qualifies as a minor subdivision under Chapter 16.12.070, therefore, it can be considered as a Final Plat. Staff recommends the Fish Creek Road right-of-way be dedicated to Larimer County by a separate document, which will ensure the Town will not maintain a county road. Also, the shared driveway access off Fish Creek is very desirable. As there were no comments from the audience, Chairman Sager declared the public hearing closed. Due to design details concerning the common access off Fish Creek not being provided on the plat, it was moved and seconded (Brown/A. Hix) the Fish Creek Addition be continued to September 19, 1995, and it passed unanimously. Staff confirmed that the trail along Fish Creek Road should be identified as a public access easement. Commissioner Brown reiterated his concerns with inclusion into the NCWCD relative to protection of the public. Commissioner Burgess expressed her desire that the Applicant return with designated building envelopes. RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area that the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107 (2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation as the "Fish Creek Addition" to the Town of Estes Park is as follows: A portion of the E 1/2 of the SE 1/4 of Section 31, T5N, R72W of the 6th P.M., Larimer County, Colorado described as commencing at the SE corner of the NE 1/4 of the SE 1/4 of said Section 31; thence N. 42.20' W a distance of 691 feet; thence S 84.33' E a distance of 171.3 feet; thence N. 79.09' E a distance of 100 feet; thence S 08.39' W a distance of 289.5 feet; thence S 58.26' W a distance of 200 feet; thence N 70¤19'W a distance of 154 feet; thence N 53.55' W a distance of 200 feet to the TRUE POINT OF BEGINNING; Thence S 00030' W a distance of 400 feet; Thence S 80.47' W a distance of 337 feet; Thence N 00.58' W a distance of 400 feet; Thence N 80.47' E a distance of 320 feet to the TRUE POINT OF BEGINNING. DATED this day of , 1995. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS FISH CREEK ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 11th day July, 1995 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys, of the area hereinafter described. The Board, by Resolution at its regular meeting on the 11th day of July, 1995, accepted said Petition and found and determined that the provisions of Section 31-12-107 (1) (g), C.R.S., were met; and the Board further determined that a public hearing should be held on August 22, 1995, at 7:30 P.M., in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Section 31-12-104 and 31-12-105„ C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12-109, C.R.S., on the 22th day of August, 1995. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as Fish Creek Addition to the Town of Estes Park, is hereby approved: A portion of the E 1/2 of the SE 1/4 of Section 31, T5N, R72W of the 6th P.M., Larimer County, Colorado described as commencing at the SE corner of the NE 1/4 of the SE 1/4 of said Section 31; thence N. 42°20' W a distance of 691 feet; thence S 84.33' E a distance of 171.3 feet; thence N. 79,09' E a distance of 100 feet; thence S 08.39' W a distance of 289.5 feet; thence S 58.26' W a distance of 200 feet; thence N 70.19'W a distance of 154 feet; thence N 53.55' W a distance of 200 feet to the TRUE POINT OF BEGINNING; Thence S 00030' W a distance of 400 feet; Thence S 80.47' W a distance of 337 feet; Thence N 00058' W a distance of 400 feet; Thence N 80.47' E a distance of 320 feet to the TRUE POINT OF BEGINNING. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37- 45-126 (3.6) C.R.S., to the inclusion of the lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 1995 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1995. Town Clerk ORDINANCE NO. AN ORDINANCE ADDING FISH CREEK ADDITION TO R-S RESIDENTIAL ZONING TO TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of Fish Creek Addition was accomplished on the 22nd day of August, 1995; and WHEREAS, following testimony, the Board of Trustees have determined that it is in the best interest of the Town to zone Fish Creek Addition to the Town of Estes Park as R-S Residential. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Fish Creek Addition be zoned as R-S Residential. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS 22nd DAY OF AUGUST, 1995. TOWN OF ESTES PARK, Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the 22nd day of August, 1995 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1995. Town Clerk ./.0/0/0 PUBLI'HING CO· RECORD OF PROCEEDINGS planning Commission - September 19, 1995 - Page 8 /rf ANNEXATIONS. 40.*, Mignerv Addition. Hiqhwav 7. West of Carriage Hills. 6th ' Filing. Herb & Sherry Mignerv/ADolicant. Chairman Sager opened the public hearing. Representative Kochevar noted that the proposed 4-acre parcel is zoned E-Estate in the County. There is a residence located on Lot 1, and a well on Lot 2. Bluebird Lane is private and it cannot be utilized for access as originally planned. Thus, a vicinity map was presented that provided an alternative access for Lot 2. Seven existing homes access their residences via an access easement, and the Applicant is proposing extending the easement for Lot 2. The Applicant agrees with staff comments, and is requesting E- Estate zoning. Mr. Kochevar confirmed that adjacent property owner Mr. Okamoto is willing to provide an easement; however access has not yet been obtained from Mr. Meyer. Director Linnane reported that staff has not had an opportunity to verify the slope and width of the proposed access (driveway). Audience comments were heard from the following adjacent property owners: Corky Sorensen, who expressed her opposition to any access as, by agreement, they must maintain the road, traffic has increased due to the Applicant's business and ad j acent rental property. Eberhard Meyer, who stated Bluebird Lane is private and he intends it to remain so. In 1974 he provided an easement for Mr. Okamoto for access. If Mr. Okamoto has provided an additional easement and the document has been recorded, the document must be voided. TeddY Haines, who expressed concern with water relative to existing wells. The well on proposed Lot 2 is inactive, if it is activated, the well could negatively impact all other wells. The existing wells are "minimum yield" providing from 8-10 gallons of water per hour. Jon VerSchurr, who reported he had his well fractured to provide additional water. The well has since reverted to producing a minimum yield. Mr. VerSchurr also commented on a previous plat that addressed the private driveway. Staff responded that the commission had no authority to request the Okamoto easement to Mignery be voided. Ann Leonard stated she had no objection to the annexation, however, she was concerned with the well situation and additional traf f ic. Robert Haines requested clarif ication on annexation and Town water and sewer facilities. Mr. Kochevar stated that the Applicant advised him to withdraw the Annexation Petition should neighborhood concerns be expressed. There being no further testimony, Chairman Sager declared the public hearing closed. Acting upon the Applicant's request, it was moved and seconded (Burgess/Thomas) the Annexation Petition for Mignery Addition be withdrawn, and it passed unanimously.