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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2019-06-18RECORD OF PROCEEDINGS Estes Valley Planning Commission June 18, 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, Planner II Brittany Hathaway, Planner I Linda Hardin, Planning Technician Claire Kreycik, Recording Secretary Karin Swanlund Absent: None Chair Leavitt called the meeting to order at 6:00 p.m. There were approximately 45 people in attendance. 1. OPEN MEETING 2. APPROVAL OF AGENDA It was moved and seconded (White/Leavitt) to change the order of the agenda, switching item 7 with item 8. The motion passed 6-0. 3. PUBLIC COMMENT none 4. CONSENT AGENDA Approval of May 21, 2019 Planning Commission meeting minutes. Approval of May 21, 2019 Study Session minutes It was moved and seconded (Foster/White) to approve the consent agenda as presented, reversing the last two sentences under Vacation Rentals in the Study Session minutes. The motion passed 6-0. 5. CODE AMENDMENT: VACATION HOME CAP/REVIEW DATE Planner Hardin reviewed the Amendment to the Estes Valley Development Code (EVDC) §5.1.B.1.a(6) to make a recommendation to the Governing bodies regarding the maximum total (“cap”) number of vacation homes in residential zoning districts, currently 588, and to adjust the annual reporting cycle to June 30 of each year. The last sentence in the staff report will be omitted, per conversation had at the Study Session. Commission Discussion: none Public Comment: none It was moved and seconded (Theis/White) to recommend approval to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners to RECORD OF PROCEEDINGS Estes Valley Planning Commission June 18, 2019 Board Room, Estes Park Town Hall 2 approve the amended text amendment to the EVDC denial of any change to the cap per Exhibit A, leaving the cap of 588 in residential registrations unchanged. The motion passed 5-0 with Foster abstaining. It was moved and seconded (White/Smith) to recommend approval to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners to approve the text amendment to the EVDC Exhibit B, changing the annual review deadline date to June 30. The motion passed 6-0. 6. CODE AMENDMENT: GATED COMMUNITIES Planning Tech Kreycik reviewed the proposed text amendment to the EVDC chapter 7.12, ensuring residential developments do not install security gates and other barriers to safe vehicular access. This would include access to residential single-family subdivisions, apartment complexes and condominium developments. Commission Discussion: Although in favor of the code amendment, Foster thinks this is beyond the scope of the PC and the EVDC, citing sections 4.A.6 of the IGA. Attorney White answered that we already deal with service on streets in the Development Code and this is an amendment to that. Therefore he does not believe this restricts the Commission from adopting this. Public Comment: Peter Plaut, Puma Drive, stated that the proposal does not appropriately take into account historic private roads, such as McGraw Ranch Road. Residents close this road once a year via a lock on the gate to protect the private road designation. He is concerned that the amendment could adversely impact residents who have a legal right to protect their private right-of-way. A citizen, knowing that gated communities were prohibited, might call law enforcement upon encountering a locked gate and based on development code the law enforcement might impede the owner's ability to preserve the road’s private status. He recommended postponing action on the code amendment until his concerns on historic private roads are researched and addressed. He gave the commission a handout for review. (attached) Commission Discussion: Attorney W hite agreed with the speaker, taking into consideration the actions the law enforcement in a situation like this and recommended continuance of the amendment. Theis does not think this proposal is necessary as he is not in favor of new regulations. It was moved and seconded (Foster/Theis) to continue the proposal to the July 16 Planning Commission meeting for reasons discussed. The motion passed 6-0. 7. REZONE: WILDFIRE ACRES, TBD DRY GULCH ROAD Planner Hathaway described that the subject area consists of 4 parcels containing 16.082 acres which are proposed to be subdivided into two blocks with 43 total lots. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 18, 2019 Board Room, Estes Park Town Hall 3 The proposal entails rezoning from CH-Commercial Heavy, O-Office, E-Estate and RE- Rural Estate to O-Office, E-Estate, R-Single Family Residential and RM-Multi-Family Residential. The applicant has requested that the proposed rezoning be contingent upon the approval of the Wildfire Homes development package, including the final plat. Staff recommended approval of the requested Rezone. All Discussion: see item 8. It was moved and seconded (White/Foster) to recommend approval to the Estes Park Town Board of Trustees the Rezone of the Wildfire Homes Addition as presented according to findings of fact, including findings recommended by Staff and the following condition: Approval of this rezone is contingent upon approval of the Wildfire Homes development package including the Final Plat of Wildfire Homes Subdivision and Development Plans and Condominium Maps for The Meadows Condominiums and the Divide Condominiums. The motion passed 6-0. 8. PRELIMINARY PLAT: WILDFIRE ACRES, TBD DRY GULCH ROAD Planner Hathaway described the project and proposal. A preliminary plat to subdivide four parcels into two blocks of 43 total lots. Fourteen lots will be detached single-family homes, 26 lots will be townhomes, two lots condominiums and one lot dedicated for office use for Crossroads Ministry. Also included are ten out-lots dedicated for open space, utilities, access, and drainage. Greg Muhonen, Director of Public Works, has asked for five proposed conditions of approval in the preliminary plat: 1) street standards; 2) stormwater detention elements; 3) pavement thickness; 4) private access easement; 5) drainage into unincorporated Larimer County. These conditions have been discussed with the applicant. Staff recommended approval of the proposed Preliminary Subdivision Plat. Owner/Applicant Discussion: Melissa Westover, applicant, described the history of how the project came about. Workforce housing has been a problem for many years. This proposal can significantly help with this as well as giving Crossroads Ministry a new and better home. Lucia Liley, Applicant Attorney, presented a detailed PowerPoint presentation on the project giving the history and details of the rezone and plat. Public Comment: Beverly Briggs, North Ridge Lane, stated that in the neighborhood meeting residents were told that there would be eight condominiums. Concerns with the emergency exit on the east side of development were made. Brian Schaffer, Crossroads Ministry Executive Director, thanked Westover Construction for their plans to help both the residents of the Estes Valley and customers of Crossroads. Naomi Hawf, Estes Park Housing Authority Director, expressed support of the development. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 18, 2019 Board Room, Estes Park Town Hall 4 Tracey McGinnis, neighborhood resident, happy to say YES in my backyard. Jon Nicholas, Estes Valley Development Corporation, stated that 22% of the Estes Valley workforce commutes more than 1 hour per day, thus there is a need for this project. Mike Richardson, speaking for the Estes Valley Board of Realtors, is in favor of the development. Scott Applegate, Moss Rock Drive, stated that finding housing is a chronic problem in Estes Park and this development will significantly help families stay in town and allow businesses to find qualified help. Colleen Casey, Eagle Cliff Road, discussed the woes of finding housing for young adults. This project helps the working middle class. Brandon Borries, Pinyon Trail, asked if the applicant will be using local contractors/workers for the project. Stacey Ciolli, Soaring Circle, stated that this project would allow her to continue to live in Estes and purchase a house. Applicant Response: Attorney Liley noted that the emergency access was requested by the Town and will not be open for public access. Mark Westover, owner/applicant, responded that locals would be used as much as possible in the building and development of the project. Westover Construction will be the general contractor on all building. Estimated price points will be between $260,000-$425,000 for 1 to 3 bedroom residences. Commission Discussion: Mixed housing and buffer-zone sensitivity make this a great project. Well thought out and creative design. Best use of this piece of land. The Neighborhood meetings were done the right way. Emergency egress would be more effective on the west side of the property, to which Hathaway answered that the west side has a conservation easement and no traffic is allowed there. It was moved and seconded (Foster/Murphree) to recommend approval to the Estes Park Town Board of Trustees the Wildfire Homes Preliminary Subdivision Plat as presented according to findings of fact, including findings recommended by Staff with the addition of the following Public Works conditions: 1. The following public improvements shall be designed and constructed by the developer in accordance with Larimer County Urban Area Street Standards (LCUASS) unless designed & constructed by others. All improvements shall be completed prior to the issuance of any building permits unless otherwise approved pursuant to the provisions in Section 7.12.C.1 of the Estes Valley Development Code. a. Wildfire Road (to a collector standard). A multi-use trail (8’ minimum width) may be provided in lieu of on-street bike lanes. 2. Proposed stormwater drainage improvements (ponds, pipes, inlets, ditches, etc) situated on private property shall be owned and maintained by the owner associations and RECORD OF PROCEEDINGS Estes Valley Planning Commission June 18, 2019 Board Room, Estes Park Town Hall 5 maintained so that stormwater discharge into the Town’s public drainage infrastructure will not exceed the predevelopment flow rates identified in the final drainage report. A Maintenance Plan (compliant with Chapter 6 of Volume 3 of the Urban Drainage Manual) for the private drainage improvements shall be submitted and approved with the final drainage report. The Town Public Works Department will only maintain new public drainage improvements installed in the public street right of way or in the adjacent public drainage easement. 3. The thickness of new pavement installed in the public right of way shall comply with LCUASS Table 10-1, as amended for project-specific subgrade soils. 4. A copy of the signed maintenance agreement for the common driveways (per Appendix B, EVDC) shared by the owners of Lots 2, 3, 4, 5, & 6 of Block 1 and all lots within Block 2 shall be submitted prior to approval of the Final Plat. A copy of this agreement shall be delivered to the new owners of these lots at the closing of each sale. 5. The Larimer County Engineering Division shall approve the final drainage report prior to the issuance of any building permits within this project. The motion passed 6-0. 9. REPORTS: Director Hunt • Farewell and thanks to Commissioner Foster, Brittany Hathaway, and Greg White. • Tentative IGA meeting set for July 29 with the Town Board, County Commissioners and the public. There being no further business, Chair Leavitt adjourned the meeting at 8:05 p.m. _________________________________ Bob Leavitt, Chair _________________________________ Karin Swanlund, Recording Secretary