CITY OF WOODLAND PARK
CITY COUNCIL MEETING
August 15, 1996
1. Mayor Porter called the meeting to order at 7: 00 PM.
2. PRESENT:
Mayor Porter, Gene Kozleski, Karl Dell, Tom Holmes, Sharon McBride, Gary
Richey and Gene Sperry.
Porter explained the procedures of the meeting to the large audience, and urged those wishing to
speak to sign up on the sheet in the back of the room.
3. CEREMONIES AND PRESENTATIONS:
A.
Introduction of New Employees. Don Howell introduced four new employees, Ed White,
Sid Solueret, Ken Craig and John Ferro.
4. ADDITIONS, DELETIONS OR CORRECTIONS TO AGENDA: Morse noted several
items on Council desks: U.S. Highway 24 - Center to Fairview Bid Evaluation, Cultural Center
Lease and Zoning Matrix.
5. CONSENT CALENDAR: Approved as presented. McBride/ Holmes. Motion carried 7- 0.
6. UNFINISHED BUSINESS: None.
7. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA:
Richard Carvill, 415 W. Gunnison, made remarks regarding an alley adjoining his property
which the City vacated some years ago. Can' t determine who owns the property. County is
remiss as they show the alley on their maps, but no one has paid taxes on the alley in 41 years.
Carvill thinks that the alley should be equally divided and go to the two adjoining land owners.
Has spoken with County Assessor. Carvill would think that whoever owned the property at the
time of the vacation would still own it. It would then be a completely independent piece of
property. City does not show as a separate piece of property. Carvill thinks there should be a
change of procedures or an ordinance regarding vacations. Morse responded. She has
researched two ordinances and has sent to Shupp, City Attorney, who is reviewing. Morse will
make copies for Carvill. Carvill replied that he did not need a copy. Would like to see
procedures clarified.
An unidentified resident of Forest Hill Road remarked on a drainage problem on his road.
Twelve neighbors attended a meeting with Schmidt Construction and Jim Hansz. Resident
remarked that the drainage problem was viewed. New ditches have formed from rain today.
Would like to have a follow up response soon. At meeting they were told that work would start
in September. Hansz responded and apologized for not responding sooner. The problem is
being addressed.
Mike Parrish made remarks about the sign ordinance and enforcement of same. Feels that City
has gotten a little bit carried away with rules and regulations. Received 23 page ordinance last
week. Challenged Council to get out and meet the public, and encouraged public to get more
involved.
8. PUBLIC HEARINGS:
A.
Ordinance No. 692 amending the City of Woodland Park Zoning Regulations amending
zoning classifications of all commercially and industrially zoned properties to bring into
conformity with the Woodland Park Master Plan and Land Use Map. Fleer presented.
Summarized the events leading to this meeting. Fleer explained that there were several non -
substantive changes to the Ordinance. The Ordinance started with the Master Plan Steering
Committee, then went to Planning Commission. There was citizen involvement which included
both residents and commercial property owners. During the process several issues were
addressed and resolved. There were relatively few issues regarding the zoning matrix.
Fleer reviewed non -substantive changes:
Definition 18. 06. 050 - Bed and breakfast hotel establishment - has been omitted.
Definition 18. 06. 3 10 -
Manufacturing, light - omit second ( last) sentence which starts
with the words " Light Manufacturing and light industrial..."
Definition 18. 06. 420 - Recreational vehicle park - delete end of sentence, so that sentence
ends with the words " whether new or used."
In the newspaper, there was an area which said " symbol 52." This is not in the ordinance.
Definition 18. 06. 200 - Essential services -
end of sentence will read "...
health or safety or
general welfare, but not including K9b of the matrix."
Definition 18. 22. 040, B - Service Commercial, Rear Yards - The last sentence will read,
In such cases, the rear yard shall be 25 [ not 15] feet."
Fleer then reviewed the proposed changes requiring Council approval:
Zoning Matrix Section C - Amusement and Recreation Services, # 2 -
Amusement,
recreational, and entertainment activities carried on within a permanently enclosed
building and operated and arranged so that noise, vibration, lights, and all other possible
disturbing aspects of their operation do not interfere with the use and enjoyment of
surrounding properties. NC, CC and CBD changed from permitted to conditional.
Zoning Matrix Section S - Retail Sales, # 2 - Grocery stores. NC changed from permitted
to conditional. This has been recommended by staff; did not go to Planning
Commission.
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Lofthouse property to be changed on zoning map to be included in CBD instead of NC.
Zoning Matrix Section F - Automotive, RV Travel Trailers and Boats; Sales, Service and
Rental, # 3 -
Sales of Auto Parts and Accessories. Add the words " excluding outside
storage."
Zoning Matrix Section K - Institutional, Public and Semi -Public, # 9 - Essential services
and utilities such as collection and distribution lines, transmission lines, electric
transformer station and gas regulator station. Such facility shall not include a business
office or storage yards. Suggest conditional instead of permitted to allow for landscaping
requirements, etc. Wherever there is a " p" change to conditional. Schultz asked if this
would apply to City utility lines. Howell suggested this applied to above ground
facilities, such as a sewer lift station. Schultz suggested adding the wording " above
Sperry asked if a person were to build a home with an above -ground line to the
house, would they need a conditional use permit? Fleer explained that this would not be
ground."
the intention, and that there was an extensive definition to cover this. Fleer read the
definition. Sperry asked if the examples read were excluded?
Fleer replied that those
would require a permit. Howell suggested that a substation would require a conditional
use permit. McBride suggested that even a fire hydrant would need a conditional use
permit. Staff concurred. This needs to be fine-tuned. McBride asked how the wording
could be changed. Should we say " transmission stations and substations?" Sperry
suggested making a 9a and 9b. Thought it would be acceptable for substations to be
conditional. Napoleon suggested " any accessory use which requires an enclosed area" for
9b, this to be conditional. Kozleski asked about the words collection and distribution.
Fleer suggested ending the sentence after " Essential services and utilities," deleting the
rest of the sentence. Thus:
9a. Essential services and utilities.
9b. Transmission substations, distribution stations, pump stations, transformer
and regulator substations and/ or any accessory use that requires an enclosed above
ground structure or storage area.
9a and 9b now conditional rather than permitted in NC, CC, SC, CBD, HSCLI
and PL.
Fleer then reported that comments regarding lodging would be reserved, as there would probably
be discussion of this during the public hearing.
Fleer then commented on lodges and inns. Planning Commission has unanimously supported the
lodges and inns as they appear in the zoning matrix. Invited Council to ask questions of staff and
Planning Commission prior to the public hearing. Council had no questions of staff or Planning
Commission at this time. -Porter opened the public hearing. Porter explained the process and
asked for those speaking to listen to those before them in an effort not to repeat the same kinds of
comments others have made.
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Chris Brandt, attorney of the firm Sparks Dix, made comments representing commercial property
owners Phil Eyen and R. J. Wheeler. Brandt protested the designation of NC for the property
owned by his clients. Announced that Larry Larsen was also in attendance [ on behalf of Wheeler
and Eyen].
Brandt described the property he was representing. R. J. Wheeler owns City Auto
and this property was designated as C- 1 prior to the proposed zoning changes. Phil Eyen' s
property adjoins Wheeler' s property, and was zoned as C-4 prior to the proposed zoning changes.
The NC designation reduces uses for both C- 1 and C- 4 properties. Brandt felt that this was
down -zoning. Brandt explained his concerns. When residential areas have expanded,
commercial properties then develop. Now the opportunity presents itself to develop [ clients'
properties] and now the designation is inappropriate. There is nowhere else where NC is on the
highway. Fleer remarked that there were 12 properties in this area. Brandt remarked that
because of the type of traffic on Highway 24, this is a property which is not strictly a
neighborhood property. Thinks this property would be more appropriate as Service Commercial
SC).
Asked if there was discrimination against a property or owner. Now, solely because of
neighborhood complaints, there is an inequitable down -zoning. Property along Highway 24 is
not appropriate for this type of down -zoning. The residents moved to the property when the
commercial properties were already zoned [ C- 1 and C- 4]. Some people might like the
commercial property under discussion to be residential or open space. This is not reasonable for
this property which was purchased as commercial property. It is not NC in nature. It is our
Brandt and clients] understanding that personal decisions and personal interests are guiding this
decision. Feel that clients are being discriminated against, not being allowed a reasonable
development of their properties. Clients discussed with Planning Department. At first Eyen
wanted to build a motel, then was asked to withdraw. Not arguing about a hotel or motel, but
about the rights of clients. Then there were zoning moratoria. The question arose if a
moratorium was legitimately needed, or if it was in response to clients. Moratorium expired on
August 1.
Council met that night and extended the moratorium. Applications were presented in
between. The moratoria directly related to clients. Clients have been reasonable. Concern that
clients' rights are not being protected. Is NC correct? Discriminatory to clients when'this
property fronts on Highway 24. Has a devastating impact on the ability to develop and on
property value. Very restricted from C- 1 to NC as well as from C- 4 to NC. Object to the
enactment of the ordinance and the map. An unlawful wrong and just not fair. This issue needs
to be resolved before the enactment. Request that all of these issues be seriously considered.
Not just motel/hotel. Many other uses that these clients cannot now use. Council was given the
opportunity to ask questions of Brandt, and had none.
Larry Larsen, Planning Consultant, then made comments in regard to Eyen and Wheeler. Brandt
explained legal, Larsen presented from a planning point of view. Asked Council to be fair. Have
been involved in the process and want to have Council be aware of the consequences of the
action on this property. This turned into a political vs. a planning process. Have tried to work
within these boundaries. Asked Council to be fair. NC is not appropriate from a planning point
of view. This is along Highway 24, the major highway to this area, not just to serve the
neighborhood. Request to change as proposed to. SC; this is the most consistent and compatible
designation to other properties in the area and most consistent to C- 1 and C- 4.. SC is not
detrimental to the public health, etc. NC is too harsh; eliminates too many uses. Should
encourage tourism. This is the most appropriate area for tourism and most suitable for service
M
used for the community. By capturing tourism monies, will also bring additional monies, as well
as employment opportunities. Confident that property can be designed to provide minimal
impact. This property was in the process of asking for a change in zoning prior to the
moratorium. Withdrew when knew moratorium was imminent. Asked Council to be fair, and
not to think about a particular neighborhood. All concerns can be mitigated. Asked for zoning
to be changed to SC. Council had the opportunity to ask questions of Larsen, and had none.
R. J. Wheeler, City Auto, remarked that he had no further comments beyond what his counselor
presented. Council had the opportunity to ask questions of Wheeler, and had none.
Eyen had no comments.
David Whyte, Morning Sun, made remarks. Last April, when the Motel 8 was being proposed,
the zoning at the time did not permit a motel in the property proposed [ Eyen' s property - was
zoned C- 4].
The applicant would have needed a change in zoning at the time to permit a motel
on the property. There are objections to traffic behind City Auto, lighting, noise and security,
just to name a few objections to a motel on this property. Complimented the proposed zoning
matrix. Realized that the area being discussed [ the area around City Auto] was commercial. Not
denying commercial development for the area, just the type of commercial development.
Exampled Remax, The Insurance Center; these are compatible for the area. A 24 hour operation
becomes " iffy." Likes the NC classification. It does not restrict commercial development.
While there are some reductions in uses, Whyte felt reductions were not as severe as presented
previously [ during this public hearing]. Whyte took exception to lodges and inns in NC. Some
feel that property owners are being improperly treated. Whyte reviewed the history of this area.
In the early 70' s CDOT required some restrictions in access to Highway 24. Owner must have
known of these restrictions. Owner must have known that motels were not allowed when he
bought the property. Whyte felt that lodges and inns were not appropriate in NC. Whyte felt that
there would be 200 vehicle trips per day for a 20 room lodge plus trips by employees, service
vehicles, etc. Whyte felt that NC was appropriate for this area, but should remove lodges and
inns, even as conditional uses. Whyte asked for neighbors in attendance who agreed with him to
stand up. [
approximately 25 -
30 persons rose.]
Richard Carvill, 415 West Gunnison, made remarks. Carvill remarked that it seemed that there
were always people like Whyte who want to restrict what people can do with their properties.
Bureaucrats want to make as complicated as possible. Houston has no zoning. Carvill
recommended deleting all zoning requirements. Let people use their property in manner they
choose. Carvill needs permit to pave driveway, and if weeds are too high, Blackburn will give
him [ Carvill] a citation. City erosion demonstration project has high weeds. Carvill was under
the impression that City could not pass Ordinances regarding esthetics. Carvill felt City
prohibited leaving property in the state nature intended. Will have to comply with City' s stupid
regulations. Carvill remarked that the weed ordinance was the most stupid ordinance.
Tom Fagan, 240 Sun Ridge Court, made remarks. Remarked on the fax which he sent to
Council. [ Fax is attached to these minutes.] Remarked that there are more uses in NC than were
in C- 4. Remarked that this was the only area proposed for NC on Highway 24. In regard to
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fairness, the C- 4 property was purchased without zoning for lodges and inns. Commercial use
will require use of a residential road. Remarked on congestion on Highway 24. Council was .
given the opportunity to ask questions of Fagan, and had none.
Audience applauded Fagan. Mayor Porter asked that audience not applaud. This is not
appropriate. We are not fighting; we are gathering information.
Bill McKitrick, 1113 Kings Crown Road, remarked that he was speaking as a neutral party.
Each side needs to see the other side' s view. This is addressing fairness. If you went to Cripple
Creek, it would seem unfair if the rules changed while playing the game. The residential
property owners had a set of rules and the commercial property owners had their rules. These
rules should remain in effect so neither would be penalized. Council is elected to be advocates of
community, both residents and investors improve the community in some way. McKitrick
understood that the original zoning designation allowed an eight hour daylight operation.
McKitrick remarked that he did not live near enough to the area to be too affected. McKitrick
remarked that he wanted to present views of fairness.
Bob Shunkwiler, Sun Valley Drive, had concerns about residential property values which could
be affected by this project. Skunkweiler is therefore selling his property and leaving the
development due to this issue. Skunkweiler feels resale will be financially impacted. Feels sale
amount will be substantially lower. House is physically close to the site. Impact will be more
than to homes further away, so will move.
Bob Reed, Morning Sun Drive, remarked that property owners in question were comparing their
properties to properties on Highway 24 that had access to Highway 24. These property owners
do not front on Highway 24, they back on Highway 24. They do not have access to Highway 24,
they have to access the property through the neighborhood. The August 1 action [ Ordinance No.
693 extending the suspension of use upon permitted uses within specified zoning districts within
the City of Woodland Park] was enacted because the zoning issue was not settled on July 18 as
planned, due to unforeseen circumstances. When the property owners had previously requested
rezoning, they promised to meet with the neighborhood. They did not meet with neighbors, as
the request for rezoning was withdrawn. Withdrew at the time of the " moratorium."
Julie Abbott, Kings Crown Road, felt that " owners and hired guns" portrayed the neighbors as
just some people out there. Developers want to make money. No offense to people who want to
make money. We are Woodland Park. We live there and want to continue to live there. Not just
some obscure neighborhood.
Ken Matthews, 420 Sunny Glen Court, made remarks. Matthews is a commercial property
owner adjacent to the area under discussion, and is also on Planning Commission. This is a
difficult problem. Has been a very challenging, task with a wonderful result and much
involvement by community. A master plan like this is necessary; need the controls to control
City' s destiny. Matthews supports the Planning Commission' s decision backed up by two 9- 0
votes to leave lodges and inns in NC. It is a good compromise to allow a conditional use for
these uses. Projects [ under the conditional use designation] will have to come before Council
C'!
and will have to meet standards. This represents the best solution. Has been hammered out at
many meetings and public hearings.
Jeff Baldwin, 1905 Valley View Drive, read from a prepared statement. [ Prepared statement
attached to these minutes.]
Ed Aubrey, Planning Commissioner, spoke in favor of supporting 9- 0 vote by Planning
Commission to include lodges and inns in NC. The whole country is involved in political
discussion of wanting to limit government. Yet, when a situation like this arises, people look to
government. It is the duty of the Planning Commission and City Council to vote for the good of
the community, not be pressured by a vocal minority. There are over 5, 000 people in Woodland
Park. We are talking about one neighborhood, should not make an exception for just this
neighborhood. We are talking about all other NC. Should not impose government will on
general public. Must be responsible for our own actions. Understand the comments by the
residents. But it' s like complaining about airplane noise after buying property by an airport.
Highway 24 has been there a long time. Commercial development is important to the
community; adds to the tax base, employment base, etc. Number of residents seem to outweigh
meetings;
seems imbalanced. Lodges and inns are not the same as a full blown motel/hotel.
Aubrey recommended Council go along with Planning Commission vote.
Porter explained the public hearing process. Encouraged those wanting to speak to do so during
this process or they would lose the opportunity to speak.
Ken Phelps, Morning Sun, made remarks. Don' t think anyone in the neighborhood is opposed to
commercial development. Here to share, and protect the interests of the community. Sounds like
the matrix is extremely well thought out. Regarding development of businesses for profit, we all
work for a profit in some way. The fact is that businesses can potentially decrease quality of life
in an area. Exampled Bob Skunkweiler and the fact that he would move due to potential
degeneration of the neighborhood. Moved here to open a business and move into a beautiful
mountain area. Community does not want there to be no development. Want a business that will
not affect traffic, pollution, light, etc. Also had concern regarding access. If you drive in that
little area, it is tight, congested and dangerous in the area now, without too many cars. 24 hour
business does not seem conducive to the neighborhood. Other businesses with no pollution
could still contribute to the community. The idea of having government is to represent what the
people want. Sounds pretty obvious that this is not what the people want. Do not want to
oppose business, do oppose businesses which add traffic, etc.
R.J. Wheeler, City Auto, then made remarks. Reminded that hotel/motel issue was not what they
Eyen and Wheeler] were here to discuss. Eyen and Wheeler not looking at this. Looking for
fairness. Feel that proposed zoning is not fair. No one is here tonight to oppose SC behind Gold
Hill South. Should not have spot zoning, nor take privileges away because chose to purchase
this property. Want to be treated the same way the rest of the community enjoys under the
Master Plan. Would like to be designated SC. Would like Council to review and keep that in
mind. Feels that other permitted uses in the City are virtually the same as before the proposed
ordinance.
7
Tom Fagan, 240 Sun Ridge Court, commented on Wheeler' s comments. Want NC, just does not
want lodges and inns. Baldwin referred to government intervention. The master plan and all the
zoning is government intervention. Fagan referenced an inn that Baldwin had mentioned. Fagan
remarked that an inn built in the middle of nowhere does not apply to this situation. Fagan sees
no quality difference between lodges/ inns and hotels/ motels, just the number of rooms.
Reminded that quality of life was the primary reason for Master Plan and referenced Master Plan
wording regarding same.
Peggy Bergquist, Sun Valley Drive, made remarks. Lives adjacent to the commercial property
under discussion. Lends her vote to the Planning Commission vote. Has paid a lot of attention
to the issue. Commercial property owners have a right to maintain their value as do the
residents. Need a compromise. Approves Planning Commission decision.
Raymond Rowell, 198 Glendale Drive, made remarks. Has heard that the power to tax is the
power to destroy; the power to zone could be the power to destroy. An excellent job has been
done. The owners and residents of Sunny Glen, etc. have one problem, and that is lodges and
inns. Feel that because of the proximity to prime residential areas, lodges and inns need to be
deleted. Feels this is fair. Rowell agreed with all other NC uses. Do not think should have 24
hour operation in that area. Road not designed for commercial traffic. CDOT acquired curb cuts
along Highway 24. Proposed Super 8 started all this; land was purchased in 1984. This is a self
imposed hardship. Should not be asked to bail him [property owner] out. Aside from 24 hour
use being a nuisance, it is also a safety issue, such as fire trucks not having free access. Also
school busses, a pedestrian safety factor, and children on bicycles. Affects the balance of nature.
Air and noise pollution. Diesel trucks at the lodge. Quality of life transcends this. Will turn into
a nightmare. Entitled to the best. Will not accept the concept of Pottersville in our future.
Their being no further public comment, Mayor Porter closed the public hearing.
Mayor Porter declared a ten minute break. Meeting reconvened at 9: 20 PM.
Mayor Porter suggested the following procedure. First, invited questions or comments regarding
the process and the Master Plan. Following that, go through changes to the document. Then
make motions regarding the document.
McBride complimented Steering Committee, Staff and Planning Commission for their efforts.
Porter concurred. Dell then reviewed the proposed changes to the document.
Zoning Matrix Section C, # 2: Amusement and Recreation Services - Amusement, recreational,
and entertainment activities carried on within a permanently enclosed building and operated and
arranged so that noise, vibration, lights, and all other possible disturbing aspects of their
operation do not interfere with the use and enjoyment of surrounding properties. NC, CC and
CBD changed from permitted to conditional. Kozleski asked if Planning Commission had input.
Fleer replied that this was presented to Planning Commission and consensus was that they were
comfortable with the change. Kozleski asked if the issue came up in original discussions. It was
E'11
f^ \
explained that this change was the result of some recent developments which brought the issue
forward.
MOTION: Zoning Matrix Section C - Amusement and Recreation Services, # 2 -
Amusement, recreational, and entertainment activities carried on within a permanently
enclosed building and operated and arranged so that noise, vibration, lights, and all other
possible disturbing aspects of their operation do not interfere with the use and enjoyment
of surrounding properties. NC, CC and CBD changed from permitted to conditional.
Dell/Holmes. Motion carried 7- 0.
Regarding Zoning Matrix S, # 2: Retail Sales - Grocery stores. NC changed from permitted to
conditional. Kozleski asked about Planning Commission input. Fleer replied that this was
generated at the staff level, not brought to Planning Commission. Sperry asked if the
recommendation was because less than 2 acres and not a 24 hour operation. Staff wanted some
controls over this kind of use, not just 24 hour operation. Sperry asked if because a grocery
store. Why different than a drugstore, bakery, etc., yet those are permitted. Fleer replied that he
thought a grocery store was a significant traffic generator. Sperry did not see the difference
between grocery store and other uses. Dell clarified that it appeared to be food outlets. Dell
asked Fleer where this came from; if not at Planning Commission, what prompted it. This was a
discussion at last staff meeting from reviewing the matrix. Howell clarified. Staff deliberately
stays away from Planning Commission and Master Plan Steering Committee process. When
final document is presented, the rest of staff reviews. In that review, staff saw a few areas of
concern. Staff has been advised to take a hands- off stance when issues are in the Planning
Commission stages. .
MOTION:
Zoning Matrix Section S - Retail Sales, # 2 - Grocery stores. NC changed
from permitted to conditional. Dell/ McBride. Motion carried 7- 0.
Discussion of Lofthouse property to be changed on zoning map to be included in CBD instead of
NC. Kozleski asked if there was any feedback from adjacent property owners. Fleer replied that
he had received no feedback.
MOTION:
Lofthouse property to be changed on zoning map to be included in CBD
instead of NC. Dell/ Porter. Motion carried 7- 0.
Zoning Matrix Section F, # 3: Automotive, RV Travel Trailers and Boats; Sales, Service and
Rental - Sales of Auto Parts and Accessories. Add the words " excluding outside storage."
MOTION:
Zoning Matrix Section F - Automotive, RV Travel Trailers and Boats; Sales,
Service and Rental, # 3 outside storage."
Sales of Auto Parts and Accessories. Add the words " excluding
Dell/Holmes. Motion carried 7- 0.
Zoning Matrix Section K, #9: Institutional, Public and Semi -Public - Essential services and
utilities such as collection and distribution lines, transmission lines, electric transformer station
and gas regulator station. Such facility shall not include a business office or storage yards.
6
Suggest conditional instead of permitted to allow for landscaping requirements, etc. Split into
two sections, 9a and 9b. Wherever there is a " p" change to conditional. Thus:
9a. Essential services and utilities.
9b. Transmission substations, distribution stations, pump stations, transformer
and regulator substations and/ or any accessory use that requires an enclosed above
ground structure or storage area.
9a and 9b now conditional rather than permitted in NC, CC, SC, CBD, HSCLI
and PL.
Asked Schultz if changes were acceptable. Yes, per Schultz.
MOTION: Zoning Matrix Section K - Institutional, Public and Semi -Public, # 9 Essential services and utilities such as collection and distribution lines, transmission
lines, electric transformer station and gas regulator station. Such facility shall not include
a business office or storage yards. Change to:
9a. Essential services and utilities.
9b. Transmission substations, distribution stations, pump stations, transformer
and regulator substations and/ or any accessory use that requires an enclosed above
ground structure or storage area.
9a and 9b now conditional rather than permitted in NC, CC, SC, CBD, HSCLI
and PL.
Dell/ Holmes. Motion carried 7- 0.
This concluded staff recommendations. Dell suggested Council now address the issues brought
forth in the public hearing. Suggested could do a massive review, or could eliminate lodges and
inns from NC, or could leave with no changes. Porter asked Council if they needed more facts.
Porter asked about statistics regarding vehicle trips from a motel. Hansz explained that figures
referred to vehicle trips per unit. Data comes from the Institute of Traffic Engineers Handbook.
Porter asked if figures were accurate. Hansz felt that the data from the Handbook was accurate,
with good working numbers.
10. 19 is the average rate per occupied unit in 24 hours. Porter
asked Fleer about the property being discussed [ the Eyen property]; what was the zoning and
what could have been done at time of purchase. Fleer indicated that property was purchased in
1984 as C- 4. Fleer pointed out on the matrix that restaurant, hotels, bars and lounges were not
allowed in C-4. Porter asked if the issue regarding CDOT and curb cuts had been accurately
portrayed. Fleer explained that he had a letter in his files explaining the CDOT curb cuts. Fleer
explained that he could not say that CDOT would never allow additional curb cuts, but the
likelihood is that CDOT will not allow additional access points [ from Highway 24]. Service
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Commercial is located on the other side of the Highway (the west side of the highway in this
area). Size of lots is a factor as well as the topography.
Porter asked about the uses in NC. There are approximately 56 or 57 uses. Within each of these
categories there could be several kinds of uses. Howell clarified 57 - 59 uses and that some of
the categories have 6- 7 other uses. Fleer exampled the several other uses under grocery stores.
Dell asked Fleer how many NC parcels were in the City. Approximately 100, per Fleer, who
pointed the areas out on map. There are four general areas of town with NC. Dell asked whether
there were. appropriate sites for hotels/motels, outside of the area of primary concern of
attendees. Are there appropriate sites in other zones for lodges and inns. Maybe north of CBD,
per Fleer. Not practical in other areas.
Dell then mentioned the appeal by the property owners [ Eyen and Wheeler]. They did not
request lodges and inns, they asked that their property be changed to SC from NC.. Should we
discuss this issue? McBride remarked that she did not hear anything convincing enough to
change the properties to SC. Porter asked Council their desire. Porter did not think should be
changed to SC. Clearly NC, per Holmes.
Dell then moved that the conditional use of lodges and inns be removed from NC [ Zoning Matrix
L, #2: Lodges - Lodges and inns ( 20 rooms or less)].
Dell reported that he would support this
motion. Holmes seconded. Mayor Porter explained that this would strike lodges and inns from
NC. Richey asked for clarification. Sperry asked if this meant not permitted. Kozleski asked if
N/A [not allowed] should be inserted, or if it should be left blank. Porter explained that it should
be left blank, just as motels, hotels and suites [ above - L, # 1].
Dell remarked for the record that he had incredible respect for Planning Commission, especially
the current Planning Commission. Have come to times of balance. Believe Planning
Commission addressed what is best for the planning matrix. Did an excellent job of doing this.
Elected realm crosses into realm of constituency. Do not feel flying in face of Planning
Commission. Feels this is a constituent issue.
Sperry remarked that he did not feel this was a political issue. Master Plan Steering Committee
and Planning Commission had many public hearings and meetings. Took much comment from
the public. Have made a very good balance between interests of residents and property owners.
Sperry remarked that he could not support this motion.
Porter agreed that the issue was not political. Process brings to Council, and a rubber stamp is
not expected. Council makes own decisions. Process wants Council to fine tune at this level.
Porter thinks lodges and inns would be too much to bring into a neighborhood with access as it
is. Do not think road will be a safe situation. This is the final opportunity to fine tune. Sperry
thinks this is why conditional use is designated.
McBride remarked that in some cases we [ this Council] have suffered from actions of previous
Councils. Who is to say that if left in, in the future, a Council will feel strongly should be
deleted.
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Kozleski remarked that maybe in 15 years, could also add back in. Kozleski saw Planning
Commission doing job they have been asked to do. Was just spectacular. To come down to one
area is unbelievable. I don' t see this as fine tuning, I see this as being a bully and pushing our
thoughts onto what they spent the last two years on. Conditional use provides limits. Had
concern regarding what this was doing to the property owners. Will regret. Planning
Commission took two 9- 0 votes. This means something. Real uncomfortable going against
Planning Commission recommendations.
Holmes remarked that he seconded the good job the Planning Commission does. Under a
representative government, people voted for Council. Did not have lodges and inns in the zone
prior to the proposed ordinance. Holmes cited the issues of residents, traffic issues and access.
This is in fairness to the people who live out there.
Richey spoke in support of Planning Commission, felt conditional use would limit problems.
Kozleski remarked, have heard from neighborhoods, not from rest of the City. McBride felt that
she had heard. If they were interested, they would be here; if concerned, they would be here.
Sperry commented that motels were not allowed before, yet lumber yards, grocery stores were
allowed. We are taking away a lot of uses.
MOTION: That the conditional use of lodges and inns be removed from NC [ Zoning
Matrix L, #2: Lodges - Lodges and inns ( 20 rooms or less)].
Dell/ Holmes. Motion
carried 4- 3, with Kozleski, Sperry and Richey voting no.
MOTION: To approve Ordinance No. 692 with the modifications discussed.
McBride/ Holmes. Motion carried 4- 3 with Kozleski, Richey and Sperry voting no.
9. NEW BUSINESS:
A.
Consideration of award of contract to Kiowa Engineering for Water Treatment Plant and
Water Reservoir improvements. Schultz presented, and introduced representatives in attendance.
Schultz reviewed staff report. Explained that the project is consistent with growth management
plan. Bid was sent to four firms. Bids were reviewed by review committee. All three who
responded seemed capable. Kiowa Engineering came in at a lower cost. Schultz also liked the
idea of a small firm approach. Schultz recommended approval.
MOTION: To approve award of contract to Kiowa Engineering. Sperry/Dell. ' Motion
carried 7- 0.
B.
To consider approval of the lease agreement for the Ute Pass Cultural Center. Howell
presented and explained some parts of the contract as well as the changes which had been made
to the draft Council received in their packet. Initial term changed from 5 to 10 years. Utilities
will be paid by City for 12 months, then evaluated. Maintenance outside leased premises will be
provided by City. Major maintenance will be provided by City. Under section 5. 3, the wording
will be changed from "Display of various artifacts, photographs, works of art, etc. by [ ENTITY]
must be approved by CITY prior to display." to "... by [ ENTITY] outside the leasedpremises
12
willfirst be reviewed by [ ENTITY] and then be approved by CITY prior to display." Each tenant
will have owri lease rather than one lease for all. The Ute Pass Historical Society lease
references a prior agreement. McBride asked when we included Divide Park Board. Howell
explained that the Divide Park Board has been involved throughout the process, but just recently
made the final decision. There is now an escape clause with 60 days notice, except for the UPHS
agreement. The changes to the leases resulted from discussion with the various entities involved.
There was some discussion regarding scheduling of the Community Room (section 4. 1). Howell
does not recommend that the other entities schedule; needs to be scheduled solely by the City.
Practically, City can block out the room in advance for such things as Chamber of Commerce
board meetings, etc. Howell recommended approval of the agreements. Kozleski asked if it had
been stressed that the City does plan further funding for these organizations other than perhaps
for special projects. Howell concurred that the organizations could come to City for such things
as an appropriation for advertising, or other such projects, but that there would not be funding for
operations. Kozleski asked for clarification on section 4. 1 regarding scheduling. Howell
explained that the Chamber of Commerce had contributed a sizable amount of money to the
Community Room and felt they should be allowed to schedule the room. Howell feels that the
City should schedule. Kozleski asked about the several ribbon cuttings scheduled for the day of
the Grand Opening to be held on Sunday, August 18. Howell originally did not want to have any
ribbon cuttings on the 18th, just the City opening. After discussion with the various entities,
Howell allowed ribbon cuttings if they were to be held at a time other than the 3: 00 - 8: 00 PM
scheduled opening. Holmes remarked on the significant technology installed on the stage.
Holmes suggested that someone needs to take control of this part of the Cultural Center.
MOTION: To approve the Cultural Center lease agreements as presented tonight.
Porter/Holmes. Motion carried 7- 0.
Mayor Porter announced the Grand Opening of the Cultural Center scheduled for the upcoming
Sunday, August 18, starting at 3: 00 PM.
C.
Adopting Resolution No. 354 finding Woodland Valley Ranch annexation petitions in
substantial compliance" and setting the public hearing for September 19, 1996. Shea presented.
There 59 landowners in the area. Of those, 57 can vote, but only 27 are Colorado qualified
electors. Have received five petitions back, which exceeds the number necessary. Richey
understood that the five petitioners lived in the area, and asked how much land was owned by the
five petitioners. One petitioner owns 38% of land area. Richey asked if the election would be
like a general election. Morse explained that it would be a special election to be held on
December 10. Richey asked who would pay for this election. City would pay, according to
Morse. Kozleski asked if one of the landowners was the City as only four petitioners were
indicated. No, one of the petitions was just received today. The resolution will be amended to
include this petitioner.
MOTION:
To approve with the amendment as discussed. McBride/ Dell. Motion
carried 7- 0.
13
D.
Resolution No. 355 to consider approving parks, trails and open space planning grant
from GOCO. Riley presented and recommended approval. Neighbors will be involved for
suggestions.
MOTION:
E.
To approve Resolution No. 355. Richey/ Holmes. Motion carried 7- 0.
Resolution No. 356 with Joe Watson (property owner of L2 Roberts Ranch Minor
Subdivision #2) establishing an agreement for one- half of double water tap fee reimbursement
upon annexation. Shea presented. Shea explained that the Municipal Code allows a petitioner
for annexation to receive a refund of tap fees. On April 18 Council approved a similar request
for Rosenbaum. McBride asked if petitioner would be eligible for annexation if not involved in
the Woodland Valley Ranch annexation process. Yes, but under a different process. Kozleski
and Holmes asked about some wording. Wording was changed in next to last paragraph, last
sentence, to read: "... a reimbursement equal to one- half the fees wlAeh wee doubled ^ Bpaid."
MOTION:
To approve Resolution No. 356 with the change in wording as discussed.
Porter/Dell. Motion carried 7- 0.
F.
U.S. 24 Project bid recommendations. Hansz presented. Received two bids. The low
bid was still greater than engineers estimate. Did not recommend approval. Recommended a re-
bid in November. Recommended that no award be made at this time. Council previously
directed staff to do additional work on the access control plan in response to public response and
this process then delayed this project. Originally wanted to bid this project in January of this
year. Hansz reported that the City of Fountain had CDOT handle a bid for them, and then could
not award the bid as CDOT was not permitted to award the bid because the premium was too
high. Porter asked if this delay in the bid process would allow City to address other outstanding
issues. Yes, per Hansz, such as the right of way issues. Porter remarked that it was an
unfortunate situation as he felt that citizens were now anticipating things would be getting done
regarding the access control plan. Hansz remarked that it was also frustrating to staff. Dell
asked which TIP project this was. Hansz replied, #218.
MOTION: To put the U.S. 24 Project out for re -bid with an anticipated start in late
Spring. Porter/Holmes. Motion carried 7- 0.
10. REPORTS:
A.
Mayor' s Report: Porter reminded all of Cultural Center Grand Opening on August 18.
B.
Council Reports: Dell distributed and reviewed " 1997 - 2002 Pikes Peak Region
Transportation Improvement Program (TIP)." Reviewed approved project list. Explained that
the three maps represent three different types of projects. PPACG made three sets of charts.
Charts did not make sense to Dell. Charts seemed to lead one to believe that more money was
being spent than actually was on Woodland Park. Hansz concurred in regard to the charts. Dell
built a database to determine what was actually going on. There are three corridors: I-25,
Powers Blvd. and Highway 24. Dell then explained how he arrived at his conclusions, and
concluded that there was not any money actually being spent on Highway 24. The PPACG
14
report makes it look like Woodland Park is the beneficiary of funds, but this is not true, the
report is not an accurate rendition of what is going on. Kozleski asked who was doing the
interpretation. Maurice Rahimi, Executive Director of PPACG is doing this.
The time being 10: 55 PM, Porter suggested the meeting would need to be extended.
p
MOTION:
To extend the meeting beyond 11: 00 PM to complete the agenda and
Executive Session. Porter/Dell. Motion carried 6- 1 with Richey voting no.
C.
City Attorney' s Report: None.
D.
City Manager and Department Managers Reports: Howell reported that staff had seven
items to discuss, including a report on traffic signals, design standards, Meadow Wood Park and
others. Offered to defer some of these items to the September 5 Council meeting due to the late
hour.
Schultz reported that the Utilities Committee would meet on August 29 at 5: 30 PM. This will be
an orientation for new members.
Schultz reported on additions to the water main extension project. Needs to occur prior to
paving. Will require funding of approximately $26,000- 27, 000. Monies will come from interest
on bond proceeds.
MOTION: To approve. McBride/ Holmes. Motion carried 7- 0.
Riley reported on Meadow Wood Park lighting parameters which had been discussed with park
neighbors in January. Riley reviewed the information and scheduling which Council had in their
packets. Riley spoke to Mark Rounsley, who had made complaints at last Council meeting.
Rounsley was agreeable with the parameters, but had concerns about exceptions. [ Rounsley' s
complaints at last Council meeting included complaints about noise.] Riley explained that
further parameters will be developed. Richey will be involved.
Fleer reported on an request from Fujiki Corp. for an extension on parking lots improvements.
Last year asked for extension to July 30. Fleer recommended an extension to October 30, 1996.
Richey asked for clarification, whether City extended it once already. Yes, per Fleer. Sperry
asked what needed to be done in the parking lot. Fleer explained the improvements. Sperry
asked if City was requiring removal of current curbs. Yes, some must be removed. Fleer
explained that the parking lot design has been changed to create additional parking spaces and
curbing will be removed to accommodate new design. City is requiring curbing. Holmes asked
what Fujiki Corp. would do if City gets an early winter. Fleer reported that paving projects
generally run into November.
MOTION:
To extend completion deadline to October 30, 1996. Holmes/ Sperry.
Motion carried 7- 0.
15
F
Hansz reported on the recurring problem of erosion within the City. Reported to Council that
staff is soon to embark upon a new program. A pump spray concrete will be used. This should
be more durable. Hansz alerted Council that the appearance would be different than what we are
used to seeing. It will have the appearance of a rough concrete. This will slow the water down,
thus reducing the erosion. Hansz displayed a color chart to Council. Cost will be about half as
much as rip rap. Dell asked if this was the material used by some contractors for bank control.
Yes. Hansz likened the material to the bank behind Gold Hill South.
11. ORDINANCES ON INITIAL POSTING: None.
12. COMMENTS ON WRITTEN CORRESPONDENCE: None.
The time being 11: 12 PM, Mayor Porter adjourned Council to Executive Session. Following
Executive Session, Mayor Porter announced that authorized topics had been discussed with no
action taken. Meeting was adjourned at 12: 00 midnight.
Recorded b ,
Carol J. Lindholm, Administration
APPROVED THIS ( g
DAY OF ,
2
Prentis Porter, Mayor
16
,
1996
08/ 15/ 96
08: 55 ^
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535
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1A001
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MCI TELECOMMUNICATIONS CORPORATION
2424 Garden of the Gods Road
Colorado Springs, CO 80919
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Fax Coven Sheet
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08/ 15/ 96
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10002
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Tom Fagan
240 Sun Ridge Court
Woodland
Park,
CO
80863
687- 7478 (
719)
535- 4391 ( B)
August
Woodland Park City Council
City Hall
south Avenue, PO Box
220 W.
Woodland Park, CO 80866
Re:
Inclusion
of '
H)
719)
loth,
1996
9007
Lodgings'
as a conditional use in areas
zoned Neighborhood commercial
Ladies
and Gentlemen,
I attended the council meeting of July 18th,
and
felt
frustrated at having been denied the opportunity to refute
statements made by council and staff members in response to
Pike' s request °
then
t° state
take this opportunityo
Linda
It was stated that consideration of
Properties)
one
lot ( Ute Pass
should not determine exclusion of lodgings for
all Neighborhood Commercial lots.
However,
comments by
members of the planning commission at the next to last
commission meeting imply that it was consideration of this
very lot that determined inclusion of lodgings in those
lots.
It was stated that there had been much
discussion of the
This is true.
topic in the previous 45- 60 days.
However,
as late as the next to last planning commission meeting,
serious misrepresentations were being made on the subject,
eg:
that Ute Pass Properties suffered a reduction in the
number of potential uses to which the land could be put
as a consequence of the rezoning from C4 to NC.
In
fact,
the number of potential uses greatly increases
1
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that Ute Pass Properties should be accommodated to
compensate for C - DOT' s having acquired Hwy 24 access
rights.
C - DOT acquired the access rights in 1975, nine
years before Ute Pass Properties acquired the lot in
In fact,
question.
It was stated that there are some areas zoned NC in which
lodgings would be an appropriate use,
would
Sun,
not.
and others in which it
The vast majority of residents in the Morning
Sunny Glen and Paradise Estates areas believe strongly
that lodgings is an inappropriate use for the NC area
adjoining
our neighborhood,
and I would suggest that if
there is a strong case to be made for the allowance of
lodgings in other NC areas,
this provides
sufficient grounds
for a difference in zoning.
It was suggested that lodgings being a conditional rather
than permitted use should be a sufficient safeguard for the
This point was
community against undesirable development.
made by the members of the planning commission at their last
meeting in response to my concern at their unwillingness
to
is
as then,
commit to written
My response now,
safeguards.
that verbal assurances regarding the stringency of the
conditions under which any such development would be
allowed,
and the planning commission' s appeal to us to trust
them and trust the process in these matters,
cannot carry any weight -
unfortunately
remember Sam Goldwyn' s dictum '
a
verbal promise is not worth the paper it' s written on'.
Written output is all that the public has at the end of the
process.
The
master
plan (
including land use definitions)
and matrix provide the only permanence and continuity for
the changing personnel in the various bodies involved in the
process,
the only concrete yardstick against which future
requests and decisions can be evaluated.
It was stated that regardless of what is decided now,
changes can always be made in the future, either in what
uses are permitted in a zoning category or in the zoning of
a
lot
or
area.
While this is undeniably true,
context in which it was made,
in the
that statement could be
construed as suggesting that the process through which we
are all currently working is ultimately futile. Yes, the
specifics of the result of our process will be impermanent,
but we need to produce as accurate as possible a record of
our community' s current position on, and desired future
direction for, the crucial issues of zoning and land use.
2
08/ 15/ 96
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08: 57
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It was mentioned that the planning commission had voted
unanimously to retain the
lodgings
as a conditional use in NC.
commission displayed a strong
At its last meeting,
aversion to discussion of the
initially denying me
topic,
permission to address the subject (
it had been '
beaten to
this despite the misrepresentations noted above).
death' -
Commission members claimed that
I was speaking for myself
and that only those residents
and not for other residents,
present at the meeting were against the inclusion of lodges
It is true that I do not have any Aformal
number
in NC areas.
mandate
to represent,
of
but I know my neighbors.
people who watched the meeting on TV have concern
called me
at to
the
raised,
express support for the points I
lack
of constructive debate on those points and dismay at the way
in which some members of the commission
conducted themselves
It was put to me by
with speakers from the public.
commission members that I was personalizing issues
presumably because I attributed statements to those who had''
I have avoided doing that here
but can do so ifin
For residents of the area, this is personal,
that it impacts the quality of life in our
homes and in the
neighborhood in which we have chosen to live ( generally
considered to be the prime residential neighborhood in the
city), but my intention was to stimulate debate on the
issues,
following meetings in which the issues. raised by
made themrequired).
residents were either ignored or dismissed.
I would like to ask for clarification of the
relationship
At the last
between the master plan and the matrix.
it was pointed out by a
planning commission meeting,
resident that the land use definition for
definitions being part of the
lodgings.
master
NC (
land
did not
plan)
use
support
The commission maintained that the definition
does not drive the matrix,
and changed the definition to
accommodate the retention of lodgingsIf asthean matrix
NC use dictates
in the
matrix!
the
Where is the logic here?
definitions ( and
thus the master plan),
what is it that
dictates or guides the matrix?
Finally,
I would like to recap briefly the main points
objections to allowing lodgings in the
behind the residents'
lots adjoining our neighborhood:
1.
the intrusive nature of the use (
24- hour
operation,
also see Larry Larsen' s open- ended list of admitted
objectionable
in his latest development
influences'
proposal)
2.
the
former '
soft'
commercial
lodgings.
Why introduce this
commercial
zoning?
3
zoning (
use
C4)
did
not
into the new '
allow
soft'
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08: 58
08/ 15/ 96
3.
the
use
535
was,
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and arguably still is,
in conflict with
the NC land use definition
4.
the use is in conflict with the overall purpose of the
plan (- The primary purpose of this plan is to
master
provide a guide to land use decision making -by public
officials,
residents
and property
owners,
in a manner
which results in a high quality of life for residents of.
the community') .
5.
the use is in conflict with the master plan' s land use
goal ('
Establish land use opportunities which are
compatible with the character and needs of the
community')
I am happy to discuss this with you at your convenience.
Yours faithfully,
Tom
4
agan
I live at' 1905 Valley view Drive.
My name is Jeff Baldwin.
and
not
your steering committee,
I' m representing myself,
1"
not your planning commission. berouSC viollt o'
For
the past
two
years,
of a broad base of
of
their
time,
your
comprised
committee,
has
donated
from Woodland Park,
and wisdom to help plan
citizens
energy,
steering
hnvt
knowledge,
for the future of Woodland
is the Master Plan.
That
Park.
now approved
document
The last component to be finished in the master plan, and by
My personal
far the most controversial,
pertains to Zoning.
zoned
C- 1 in
feeling as an owner of commercial property,
Woodland Park, ( not in the proposed NC or CC designations)
is that I knew what I was buying and what I could do in the
future with the property because of the permitted and
conditional
uses,
and as a result )I knew what I
should pay
for the property.
The value of an undeveloped piece of property is determined
by what you are allowed to build on it)and obviously where
Faced with a zoning change steam roller, I
I could stand in front of the steam
One,
had 2 options.
roller and become a permanant part of Woodland Park' s new
it
is
located.
asphalt,
As
a
or I could step aside and work within the system.
I' ve gained renewed respect for city stafffreMbe s
Joe Napoleon.
Having served for many years
result,
Brian
and
Fleer,
on your planning
commission,
I' m
aware
In
talent they bring to Woodland Park.
of
the
thist
knowledge
and
regard,
they' ve been able to facilitate a very difficult issue, as
well as any high priced facilitator, particularly those from
Boulder.
Your steering committee has held several meetings where the
methodical structuring of the matrix was defined, and then
The
refined.
matrix was
reviewed word
for word,
and line by
line.
The impact of every component was discussed within;
the intent of reaching balance and fairness.
Your steeringcommittee considered the impacts
on adjoining,"' hP
Pcommercial
properties
themselves.
A
series
of
public
were held, with all the community and impacted
property owners having a chance to express their feelings
hearings
and
opinions.
a uaA
It
has
clear
become
that
the most
difficult
to negotiate is the Morning Sun commercial corridor,
area
or -the
The commercial lots in
11 lots designated NC in the matrix.
question along the* Morning Sun commercial corridor cannot
come
that
as any
fact.
surprise,
and most residents in the area verify
For Sale signs have existed for as long as I can
remember along the corridor, and City Auto should have
offered
a
clue
to
the
future.
The
residential
lots
in
N
Morning Sun adjacent to the commercial property have been
Simply because of
the last to develop.
Why, you might ask?
I was offered those
their proximity to the commercial lots.
residential
lots at a great price but refused to take the
If I had known there would be governmental
intervention in the market place,
I would have bought up
risk.
every lot and made a windfall profit.
Your Steering Committee and Planning commission considered
the possible impact of additional traffic on the existing
arterial
streets
in
the
neighborhood$.
This
became
especially important when we learned that CDOT will not
allow any more entrances or exits onto Highway 24. This is
possibly the most compelling reason to reduce the heavy use
on the commercial lots in the corridor.
Your steering
committee and planning commission have kept intact the
commercial viability of the Morning Sun corridor with the
proposed
Permitted
and
Conditional
The most
dangerous
aspect
to
Uses
in
the process
the
is
a
matrix.
small
vocal
minority that wants nothing short of having their own agenda
in place.
They do not accept the fact that property rights
apply equally to the other side as well.
Since Morning
Sun' s plat was approved in the early 801s, the commercial
lots
have
been
a part
of
the
subdivision.
The
restrictive
usages the Morning sun spokesmen advocate in the commercial,, w, ""'
let s- is Day Use only.
written
all
over
it.
To
me,
I' m sure
this
has
a"
lawsuit
Takings"
if Woodland Park loses
such a
case,
these advocates will be willing to pick up the legal
fees and any damages the City may incur.
It would certainly
not be fair for the rest of Woodland Park to pay for this
extreme
agenda,
amands
I' ve recently begun to smell the political winds against a
Specifically,
very important part the of the zoning matrix.
18. 06. 288
Lodges
and
with
the
Council.
Burlington,
CO,
Inns,
and
I would like
establishments.
18. 06. 049
to
share
Bed &
Breakfast
the Claremont
Inn
The Inn is located between Limon and
in the tiny prairie town of Stratton.
This
is an incredible Inn, just completed.
It took 1 1/ 2 years
to complete,
and would have cost at least $ 1 million
The room rates are between $ 139including furVnishings.
189 per night.
This inn is literally in the middle of
nowhere and is doing very well financially.
Brochure-
Claremont
Read
from
Inn.
This usage is probably the highest and best use for the
corridor in question here in W. P..
Breakfast would serve as a logical
An
Inn,
or
Bed/
transition to
the
neighborhood and yet spokespeople in Morning Sun are against
such a facility.
The most important point to 18. 06. 288
lodges
and inns,
and 18. 06. 049 Bed/ Breakfast as proposed is
that they are a Conditional use in the matrix, not a
Permitted use.
A con itional use would require the
S
applicant
to go through a stringent process with the public,
the planning commission,
and
the
A conditional use can be denied,
assurance
to
Council all participating.
and should serve as a great
adjoining neighbors.
I can
I guess I' m just too old fashioned.
remember the day, if you coveted your neighbor' s property or
Today,
wanted to control it' s use, you simply bought it.
In
conclusion,
the long hand of government is allowed to change this.
Now
you can control it without accepting any responsibility for
mortgages,
taxes,
or
It' s possible to
insurance.
increase
your property value by reducing your neighbor' s property
value by simply decreasing their permitted and conditional
uses.
buys
and if
You can make unrealistic demands;
into them, subject the entire community of
the
Council
Woodland
Park to unecessary and expensive legal consequences.
I remind the Council that their planning commission voted 90
to approve
the
zoning matrix.
Your planning commission
voted 9- 0 to expressly reiterate it' s position on lodges and
inns.
5
live in
of the 9 voting member of the planning commission
r Morning Sun, Sunny Glen, or Paradise
Estates.
Being a pragmatist,
and volunteering to serve on your
steering
I' ve tried to find a fair balance in my
committee,
Your steering committee did a tremendous job of
reaching that balance for the Council and it deserves not to
own
mind.
be second guessed/ as a result of orchestrated pressure
a
from
few.
And finally,
I
would
ask
as
a
favor
to
all
the
volunteers
who have served on your steering committee for the past 2
years,
that
would
and your planning commission who approved the matrix,
each
vote
Council
against
member,
our
mer--the--reoo-rd,
unanimous
tell us why you
recommendations.
we deserve to know, how ) we all could be so wrong.
I
think
The Ina
The Claremont Inn, though newly constructed, is of
traditional styling with classic Palladian design. As
you enter the home your attention will be drawn to
the Great Hall. Two stories high with windows
overlooking the terrace and grounds, the Great Hall
is furnished for dining and
entertaining.
Guest Suites
Claremont
This classic room is located on the main level of
the home with a four poster bed and traditional
cherry furnishings. Claremont is fully handicap
accessible.
Golden Prairie
Great Hall serve as the central gathering point of
You'll be gazing at the stars of the golden prairie
sky in this room or in daytime the vistas of the
the home_ .Guest breakfast will be served here each
golden wheat fields. Furniture in this room is of
morning.
the Mission style. This room has a private two -
The Hearth Room and Kitchen adjacent to the
person whirlpool bath and walk-in shower.
The attention to detail is evident throughout the
in both the common areas and the guest
Sunset
quarters.
This room full of unique collectibles is full of the
The Claremont Inn is a pleasant surprise on the
sunset sky colors you'll be seeing out your
windows. Two reclining chairs make relaxing easy
plains - a great place for a quiet get -away.
here. This spacious bath has a private two -,
person
whirlpool tub and walk- in shower.
The Claremont Inn is full of cozy spots to relax,
enjoy a book or just sit back and watch the world
go by.
Out ofKansas
You'll know you're not in Kansas any more when
you enter this British Colonial style suite. This
room is full of surprises sure to make you smile.
Waverly"
This suite, as yet to be formally named, is special
at the Claremont Inn. The room and bath are
decorated in Waverly brand fabrics and
wallcoverings and were featured in the
The Town
The Claremont Inn is located along I- 70 in
Stratton, Colorado at the Gateway to Colorado, just
two hours ftr m Denver, Colorado Springs and
September -October 1995, " Country Inns"
magazine as a finalist in the Waverly' s Best
contest. This room mixes new and old
guaranteeing a comfortable stay.
Denver International Airport. The Claremont Inn
offers a quiet small town setting outside with
luxurious.guest accommodations inside.
Colorado
This extra large suite invokes all that is Colorado
with a casual mountain cabin ambiance and big sky
Each room Masts sweeping vistas of the golden
views. The Colorado room has a queen size bed
prairie and 5eautiful high plains sky, but most
importantly out your windows you will see a
and a queen sofa sleeper for guests.needing two
beds. Nestled under the towering pines, you won't
lifestyle unigw to-the small towns of our country.
want to leave this suite.
Safe streets to walk and bicycle on with small town
porde evident all around.
Secret Garden
This secret won't be kept for long once you' ve
Activities•
be enjoyed while staying at the
enjoyed the pleasures of this room. This suite has a
Claremont-athe community include golfing,
private whirlpool for two, walk-in shower and a
bicycling, aid:walking. The city park offers a
fireplace.
junior olymob..pool with a water slide and tennis
courts or justmlax in the gazebo. A walk through
town willihow you many historic two-story
downtown beildings, a meditation and sculpture
park and acnes the street from the Inn is a Classic
CarMuseum and Craft Gallery.
Gathering Room
This garden level room is ideal for entertaining or
longer stays. The room is equipped with a queen
bed and queen size sofa bed, two full bathrooms
with private whirlpools and a wet bar. Truly the
suite" life!
09/ 12/ 1996
10: 08
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Chris Brandt, attorney of the firm Spar
ix, made
owners Phil Eyea and R. J. Wheeler. Brandt protested
e s representing cornmerc'W property
the
signation of NC for the property
owned
by his clients. Announced that Larry Larsea was a so i attendance [ on oel;alf of Wheeler
and Eyen).
Brandt described the property he was repres ting. R. J. Wheeler owns City Auto
and this property was designated as C- 1 prior to the pr
used zoning changes. Phil Even',
property
adjoins Wheeler' s property, and was zoned a C-4 prior to the proposed zoning changes
The N-C designation reduces uses for both C -I and Czoning. Brandt explained his concerns. Whc
cornu ncrcial properties then develop. Now the oppo
properties] and now the designation is inappropria
properties. Brandt tett that this
e3sidential areas have expanded,
w
itv presents itself to develop ( clients'
There is nowhere else where, NC is on tlne
highway. Flcer remarked that there were 12 props ' es in this area. Brandt renuxked that
because ofthe type oftraffic on Highway 24, this property which is not strictly a neighborhood
property. Thinks this property would be more appropriate as Service Commercial (SQ. Asked
if there was discrimination against a property or owner. Now, solely because ofneighborhood
complaints, there is an inequitable down -zoning. Property along Highway 24 is -not appropriatt
for this type ofdown -zoning. The residents movecl to the property when the commercial
properties were already zoned (Cel and C -4j. Some people tnight like the commercial property
under discussion to be residential or open space. This is not reasonable .for this property which
was purchased as commercial property. It is not NC in nature. It is our [ Brandt and clicnts]
understanding that personal decisions and personal interests are guiding this decision. Feel that
clients are being discriminated against, not being allowed a reasonable deveiopment of their
properties. Clients discussed with Planning Department. At first Eyen wanted to build a motel,
then was asked to withdraw. Not arguing about a hotel or motel, but about the rights of clients,
xlnen there were zoning moratoria. The question arose ifa moratorium was legitinnately needed,
or if it was in response to clients. Moratorium expired on August I . Council rnet that night and:
extended the moratorium. Applications were presented in between. The moratoria directly
related
to clients.
Clients have been reasonable. Concent that clients' rights are not being
protected.
Is NC correct?
Discriminatory to clients when this property fronts on Highway 24.
I•Ias a devastating impact on the ability tun develop and on property value. Very restricted from
C- 1 to NC as well as from C-4 to NC. Object to the enactmeut ofthe ordinance mid the map. An
unlawful wrong and just not fair. This issue needs to be resolved before the enacttnent. Request
that all of these issues be seriously considemd. Not just motel/hotel. Many other uses that these
clients cannot now use. Council was given the opportunity to ask questions of Brandt, and had
none.
Larry Larsen, Plann;ng Consultant, then made comments in regard to Eyen and Wheeler. Brandt
been involved in the process and want to have Counci 1 be aware of the consequences ofthe
explairted legal, Larson presented from a planning point of view. Asked Council to be ;fair. Have
action on this property. This turned into a political vs. a planning process. Have tried to work
TC isnot appropriate from a pl..inning point
Of view. This is along Highway 24, the major Highway to teuis a*ca, trot just to serve the
neighborhood.
Request
to change
designation
to other
properties
in as proposed to SC; this is the most consistent and compatible
within these boundaries. Asked Council to be fair. %
the area and most consistent to C:- 1 and C- 4. SC is not
detrimental to tete public health, etc. NC is too harsh; eliminates too many uses. Should
encourage tourists. This is the most appropriate area for touriserl and most suitable for service
4
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09/ 12/ 1996
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explained
that this change was the result of some recent developments which brought the issue
forward.
MOTION: Zoning Matrix Section C - Amusement and Recreation Serfices, 42 -
AmttSeinent, recreational, and entertainment activities carried on within c permanently
enclosed building and operated and arranged so that noises vibration, lights, and all other
possible disturbing aspects oftheir operation do not interfere with the use and enjoy lent
of surrounding properties, NC, CC and CBD changed from permitted to conditional.
Dell/flolntes. Motion carried 7. 0,
Regarding Zou:ng Matrix S, # 2: Retail Sales - Grocery stores. NC changed from permitrcd to
conditional, Kozleski asked about Planning Commission input. Fleer replied that thin vas
generated at the stafflevel, not brought to Planning Commission. Sperry asked if the
recommendation was because less than 2 acres and not a 24 hour operation. Staf# wanted some
controls over this kind of use, not just 24 hour operation. Sperry asked if because a grocery
store. Why different than a drugstore, bakery, etc., yet those are permitted. Fleer replied that he
thought a grocery stone was a significant traffic generator. Sperry did not see the difference
between grocery store and other uses. Dell clarified that it appeared to be food outlets, D. I-l
asked Fleer where this carric from; ifnot at Planning Commission, what prompted it. This was a
discussion at last staffmeeting fmm reviewing the matrix. Howell clarified. Staff delibcra
stays away from Planning Commission and Master Plan Steering Committee prose ,
flual dociunent is presented, the rest orblaffreviews. In that review, staff s
concern, Staff has been advised to take a hands- off stance when issues ar
Commission stages.
en
ew areas of
to Planning
MOTION: Zoning Matrix Section S - Retail. Sales, # 2 Grocery stores, NC changed
from permitted to conditional. Dell/McBride. Motion carried 7-0.
Discussion ofLofthouse property to be clianged on zoning map to be included in CBD instead of
NC.
Kozleski asked if there was any feedback from adjacent property owners. Fleer revlied that
he had received no feedback.
MOTION: Lofthouse property to be changed on Zoning map to be included in CBD
instead ofNC. Dell/ Porter. "+lotion carried 7- 0.
Zoning
Rental - Matrix Section F, 93: nartomotive, RV Travel Trailers and Boats; Sales, Service and
Sales of Auto Parts and Acecssories. Add the words " excluding outside storage."
MOTION:
Zoning#Matrix
Section lr - Automotive, RV Travel Tiailers and Boats; Sales,
Service and Rental,
3Sales
of Auto Parts and Accessories, ' Add the words " excluding
Dell/Holmes. Motion carried 7- 0.
outside storage."
Zoning Matrix Section K, 99: Institutional, Public and Semi -Public - Essential services and
utilities such as collection and distYibution lines, transmission lines, electric transfonncr station
and gas regulator station. Such facility shall not include a business office or storage yards,
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