HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2019-03-19RECORD OF PROCEEDINGS
Estes Valley Planning Commission
March 19, 2019
Board Room, Estes Park Town Hall
1
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Robert Foster, Steve Murphree, Frank Theis
Attending: Leavitt, White, Smith, Foster, Murphree, Theis
Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff
Woeber, Recording Secretary Karin Swanlund
Absent: None
Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 20 people in
attendance.
1. OPEN MEETING
2. APPROVAL OF AGENDA
It was moved and seconded (Theis/Murphree) to approve the agenda as presented
and the motion passed 6-0.
3. PUBLIC COMMENT
Justus Drake, 1615 Upper Broadview Road, questions, concerns and suggestions on
development of Upper Broadview and Griffith court. Comments attached.
Eleanor Roehl, 503 Levings Way, wants a picture of what the Mountain Coaster would look
like.
4. CONSENT AGENDA
Approval of February 19, 2019 Planning Commission meeting minutes.
Approval of February 19, 2019 Study Session minutes
It was moved and seconded (White/Smith) to approve the minutes with one change
and the motion passed 5-0 with Foster abstaining.
5. REZONE: 1573 DRY GULCH ROAD, Mark Theiss, owner
Continued to April per staff request
It was moved and seconded (Murphree/Foster) to continue the rezone to April 16,
2019 and the motion passed 6-0.
6. CODE AMENDMENT: VACATION HOMES AND BED AND BREAKFAST INNS
Director Hunt reviewed the recommended amendments to the EVDC as outlined. Staff
recommend approval of the amendments. Town Clerk Jackie Williamson was available to
answer questions.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
March 19, 2019
Board Room, Estes Park Town Hall
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Stipulate that only the property owner can apply for a vacation home registration;
To add better defined timelines for vacation home owners to complete their registrations;
Remove unnecessary language with regard to the original transition period (which has now
expired);
Clarify that the registration stays with the property and is non-transferable to another
location;
Add a requirement that vacation homes must be rented for a specified period of time to
maintain the registration;
Expand the reach for property managers to reside within the Estes Valley Recreation and
Park District boundaries, versus requiring they reside in the Estes Valley;
Requiring the new owners submit the transfer application within fifteen (15) days from
acquiring the property;
Removed the requirement of including local representative or property manager
information be included in the neighbor notifications;
Update the number of allowed vehicles parked on the property to align with the number of
bedrooms in the home;
Add references to both the Sign Codes and Wildlife Ordinances to accommodate stronger
enforcement through the EVDC.
Public Comment:
Brookie Gallagher, Lexington Lane, asked for clarification on the geographic boundaries
and supported living one hour away for property managers.
Blake Robertson, 471 MacGregor Avenue, requested red line strikeouts and searchable
pdf documents be available to the public.
Commissioner Comments:
Theis noted that he was sympathetic to owners who are also property managers who are
having their one-hour boundary taken away. White thanked the Clerks office and
Community Development for all the work that has been done to take out the kinks. There
was a request for an inventory of property managers living outside the Estes Valley.
Foster opposed the 15-day rental requirement due to it being burdensome and
unnecessary. Theis and Leavitt agreed.
It was moved and seconded (Foster/Murphree) to recommend approval of the
Vacation Home Amendments as stated in the findings of fact by staff, removing
paragraph B.1.a.(9), and changing paragraph B.1.a.(12) to include the Park R-3
School District boundary. The motion passed 6-0.
It was moved and seconded (White/Smith) to recommend approval the Bed and
Breakfast Code Amendments as stated in the findings of fact by staff. The motion
passed 6-0.
7. CODE AMENDMENT: COMPREHENSIVE PLAN CONSISTENCY
It was requested by staff to withdrawl the Code Amendment without prejudice.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
March 19, 2019
Board Room, Estes Park Town Hall
3
Public Comment: Blake Robertson, 471 MacGregor Ave, asked for clarification of the
meaning without prejudice. Director Hunt answered that there is no time frame for a
resubmittal.
It was moved and seconded (Theis/Foster) to withdraw without prejudice the Code
Amendment of Comprehensive Plan Consistency. The motion passed 6-0.
8. CODE AMENDMENT: PARK AND RECREATION FACILITIES
Senior Planner Woeber reviewed the revision to Park and Recreation Facilities use in the
EVDC to address issues and concerns that have recently been raised, primarily with how
the use is currently defined and regulated. This amendment would revise and expand the
definition by separating it into “Public” and “Private”.
Commissioner Questions:
Director Hunt answered Fosters question that this amendment will reduce the amount of
allowable private recreational facilities in residential areas. Considerable discussion was
had regarding zoning districts, including Cheley Camp, which could become legally
nonconforming, and uses in Accommodation Zones.
Public Comment:
Jay Vetter, 1711 Mills Drive, recommended not allowing commercial recreation facilities in
A zoning.
Johanna Darden, 501 MacGregor Avenue, asked if a Bed and Breakfast is able to put in a
basketball court.
Bob Sweeny, 2661 Eagle Rock Drive, impressed with the Code Amendment and in
support of it.
Randy Vavrina, 2811 Dunraven Lane, opposed to Commercial Development in residential
properties.
Commissioner Comments:
Commissioners have read the public comments, the majority being against commercial
development in residential zones. This amendment addresses the public concerns the
best way possible. A stand-alone commercial operation should not be allowed in A or A1
zoning. The code may need modifying.
It was moved and seconded (White/Theis) to recommend approval to the Estes Park
Town Board of Trustees and the Board of Larimer County Commissioners of the text
amendment, striking the last sentence in 5.1.w.(2) and replacing it with “Passive
Open Space is allowed in Residential Districts”. The motion passed 6-0
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
March 19, 2019
Board Room, Estes Park Town Hall
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9. DISCUSSION ITEM: PROPOSAL TO ADDRESS THE LACK OF REPRESENTATION
RESOLUTION
Chair Leavitt reviewed that this was an attempt to modify code to remove the Staff level
reviews of high impact projects, having all projects brought to the Planning Commission. It
was requested to continue the discussion to the next Study Session meeting.
It was moved and seconded (Leavitt/Theis) to withdraw the discussion item without
prejudice, with the understanding that there will be future input from the Community
Development Department.
The motion passed 6-0.
10. REPORTS: Director Hunt
A) CSU Center for Public Deliberation staff may begin public sessions this summer to
discuss the IGA and Comprehensive Plan.
B) Chief Building Official will be starting in April. Planning Technician applicants have
been interviewed and should be in place before summer.
C) Planning Commission still has an opening.
D) Meetings will be at 6:00 p.m. starting in May.
There being no further business, Chair Leavitt adjourned the meeting at 3:35 p.m.
_________________________________
Bob Leavitt, Chair
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Karin Swanlund, Recording Secretary