HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2019-06-18RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 18, 2019
Board Room, Estes Park Town Hall
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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
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Estes Valley Planning Commission
June 18, 2019
Board Room, Estes Park Town Hall
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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.
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Estes Valley Planning Commission
June 18, 2019
Board Room, Estes Park Town Hall
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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.
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Estes Valley Planning Commission
June 18, 2019
Board Room, Estes Park Town Hall
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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
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Estes Valley Planning Commission
June 18, 2019
Board Room, Estes Park Town Hall
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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
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Karin Swanlund, Recording Secretary