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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2018-01-16RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 1 Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Doyle Baker, Sharry White, Betty Hull, Steve Murphree, Robert Foster Attending: Chair Russ Schneider, Vice-Chair Bob Leavitt; Commissioners Doyle Baker, Sharry White, Betty Hull, Steve Murphree, Robert Foster Also Attending: Director Randy Hunt, Town Attorney Greg White, Planner II Audem Gonzalez, Senior Planner Jeff Woeber, Planner I Robin Becker, Code Compliance Officer Linda Hardin, Town Board Acting Liaison Cody Walker, County Staff Liaison Michael Whitley and Recording Secretary Karin Swanlund Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Schneider called the meeting to order at 1:30 p.m. 1. OPEN MEETING Planning Commissioner Introductions Comment from Chair Russ Schneider as Public Record “Commissioners and study session attendees: Recently Town Administrator Lancaster informed the Estes Park Town Trustees that the Estes Valley Planning Commission had violated the Colorado Open Meeting Law, i.e. the Sunshine Law. To my fellow commissioners, I am sorry you have been painted by the brush of mistrust. During a November training session, the EVPC was advised that it would be a good practice to bring the entire Planning Commission into the agenda setting process, rather than have the agenda be exclusively set by the chairman and the Community Development Director, which has been the tradition. Recently however, and prior to having such a session, the chairman was looking for ideas regarding future meetings, knowing the number issues we would likely address in 2018 were vast. Some of the commissioners responded to the email which we have been told constitutes a violation of the Sunshine Law. Our understanding was that email messages discussing pending actions by the EVPC constitute a meeting and they are subject to the law. At no time were any agenda items established, or topics discussed that are currently under review by the EVPC. There was never any intent to violate any provision of the Sunshine Law, nor any attempt to prevent anyone from knowing what we were doing. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 2 “We take our duties seriously, including the requirements to adhere to the conditions of the Sunshine Law and to conduct business in a transparent fashion. Accordingly, we are taking the following steps: 1) prohibiting any and all discussions via email that may require action, regardless of the topic; 2) making all EVPC emails public; 3) obtaining additional guidance from the Town on permitted forms of communication; and 4) working with the Town to find an acceptable way for the EVPC Commissioners to provide input to the agenda setting process. The EVPC is requesting specific guidelines as we move forward. “Also, given the amount of anticipated work ahead, we are considering having an additional scheduled study session each month. The primary purpose would be to work on updating the Comprehensive Plan, but it would also be an opportunity to discuss potential agenda items in an open forum. In addition, we are requesting periodic meetings between the EVPC, Town Board, and County Commissioners to improve communication, understanding, and collaboration between the EVPC and these governing bodies. “In the coming year we will face many challenges, such as development and writing of a Comprehensive Plan, traffic, parking, workforce housing, important Estes Valley development code changes, and significant development projects. We look forward to working with the Town, County, local organizations, and citizens of the Estes Valley on these tasks. “It is our goal to more openly demonstrate our commitment to this community to regain public trust.” 2. AGENDA APPROVAL It was moved with no second (Leavitt) that the agenda be approved, and the motion passed unanimously. 3. ELECTION OF OFFICERS FOR 2018 It was moved with no second (Hull) that the election of Bob Leavitt as Chairman and Sharry White as Vice Chair be approved, and the motion passed unanimously. Chair Leavitt received the gavel and presided for the remainder of the meeting. 4. PUBLIC COMMENT The following citizens provided public comment conveying their thanks, support and appreciation to the Planning Commission: John Phipps, Kevin Conrad, Pat Newsom, Tom Gibbs, Dick Spielman, Susan Wolf, Connie Phipps, Sandy Lindquist, Pat Blume. Johanna Darden/town resident thanked Commission and discussed the Comprehensive Plan advising the Commission to be strong when it comes to reviewing the plan RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 3 Jon Nicholas/Economic Development Corp. (EDC) speaking on Raven Rock appeal, noting that the Comprehensive Plan decision will make it difficult for future applicants to apply to code. Commisioner Comments: Commissioner Hull stated that her time on the Commison and the recent events that have put it and her in the public eye have been difficult and thanked the public for their comments. Chair Schneider echoed Commissioner Hull’s comments. 5. CONSENT AGENDA A. Approval of minutes from 11/14/17 Planning Commission meeting. B. Large Vacation Home Review: 541 Heinz Parkway/owner Reichle C. Large Vacation Home Review: 3960 Little Valley Road/owner Moak D. Large Vacation Home Review: 3456 Mountainside Drive/owner Moak It was moved and seconded (Hull/White) that the consent agenda items be approved, and the motion passed unanimously. 6. LARGE VACATION HOME REVIEW: 159 STANLEY CIRCLE/OWNER RILEY; PROPOSED OCCUPANCY-10 Code Compliance Officer (CCO) Hardin reviewed the LVHR memo. The subject property does not meet the one-acre minimum required lot size and the home sits at 23’ setback from front property line, setback requirements are 25’. There have been no enforcement issues with this property. Public Comment: None It was moved and seconded (Murphree/White) to approve of the Large Vacation Home application for 159 Stanley Circle and the motion passed unanimously. 7. LARGE VACATION HOME REVIEW: 1421 SUNNY MEAD LANE/OWNER ASHBY; PROPOSED OCCUPANCY-16 *APPLICATION AMENDMENT FROM 5 TO 7 BEDROOMS CCO Hardin reviewed the LVHR memo. The subject property does not meet the one acre minimum requirement (lot size is .77 acres). Applicant has been working with Building Division to bring property into compliance with current building codes. Public Comment: None RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 4 It was moved and seconded (Foster/Hull) to approve of the Large Vacation Home application for 1421 Sunny Mead Lane and the motion passed unanimously. 8. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE 3.3.D REGARDING ATTAINABLE/WORKFORCE HOUSING COVENANTS Planner Woeber reviewed and provided a recommendation for a proposed text amendment to the EVDC to add a subsection which provides an option for a “Restrictive Covenant and Agreement” within the chapter regarding incentives for attainable and workforce housing. Currently, a deed restriction for qualified persons is the only available mechanism to assure that attainable and workforce housing units are allowed through the EVDC. This amendment would add an additional option for a Restrictive Covenant Agreement. This is in the best interest of the Estes Valley community due to the need for more attainable and workforce housing. Commission Comment: Commissioner Foster asked for a comparison between deed restrictions and restrictive covenants in regard to a) enforcement and b) amendments. Attorney White explained that attainable housing has successfully been run by the Housing Authority in regard to compliance and sales. Deed restrictions with projects from the private sector won’t work, mainly due to the fact that they aren’t amendable. Covenants are agreements, which are a better vehicle for this code amendment. Commissioner Baker noted that 1) keeping track of the extension of density bonus to multiple properties and properties owned by multiple people adds a level of complexity that he is not comfortable with and 2) the final decision on language is up to town Counsel and not the public. Community Development Director Hunt answered that items in the development agreement are provided to the public for comment prior to being approved. He also stated that it is the department’s responsibility to keep records, uphold them and keep track of them. Public Comment: Johanna Darden/town resident spoke in favor of keeping the deed restrictions on workforce housing. Jon Nicholas/EDC shared his opinion that he wants to make sure that the mechanisms used focus on what we want accomplished. It was moved and seconded (Foster/Hull) to continue the proposed Amendment to the Estes Valley Development Code regarding attainable/workforce housing covenants to the February 20, 2018 Planning Commission meeting and the motion passed unanimously. 9. GRAND ESTATES APARTMENTS: DEVELOPMENT PLAN AND PRELIMINARY MINOR SUBDIVISION; 507 GRAND ESTATES DRIVE RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 5 Planner Woeber presented the applicant request for four multi-family structures, each having 4 units (16 total) and a waiver to the minimum distance required for side setbacks on each of the four lots. Applicant will use and incentive within the EVDC for a density bonus for the proposed development. There is no zone change requested. Staff recommended approval of the proposed Minor Modification request with conditions. Developer Comments: Jes Reetz/Cornerstone Engineering reviewed the development plan with regards to density compared with neighboring plats and parking spaces. Owners are residents of Estes Valley and will act as property management. Owner Comments: Trevor Kropp conveyed that the entire property would be built uniformly. Workforce housing would be built and occupied before the market rate housing. Plan purposely calls for two bedroom/two bath units to be more marketable to not just families, but roommates. Public Comment Those speaking in opposition to the project included Ray Young/town citizen, Jim Doctor/town citizen, Melanie Harwood/town citizen, Carol Prince/HOA Spokesperson, stating concerns regarding traffic on Grand Estates Drive, overcrowding of the neighborhood, and parking. Jon Nicholas/EDC spoke on the economic issue between workforce housing and market rate housing. Those speaking in favor of the project included Tom Bergman/local engineer, Steve Lane/local architect, James Poppits/town resident, stating this is what the density bonus was intended for and the project meets requirements of the EVDC. Emails submitted by neighbors to the Planning Commission in opposition to this Development Plan were assembled and placed on the Town’s website for review by the Commission and the public. Staff/Commission Discussion Considerable discussion was held resulting in the recommendation to continue the proposal to the next meeting. It was moved and seconded (Foster/Hull) to continue the Grand Estates Apartments: Preliminary Minor Subdivision Plat to the next Planning Commission meeting on February 20, 2018 and the motion passed unanimously. It was moved and seconded by (Foster/W hite) to continue the Grand Estates Apartments: Development Plan and Minor Modification request to the next Planning Commission meeting on February 20, 2018, and the motion passed unanimously. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 6 10. FALL RIVER VILLAGE II: AMENDED PUD, AMENDED DEVELOPMENT PLAN, AND AMENDED PRELIMINARY CONDO MAP Planner Gonzales reviewed the staff report stating that the project was previously approved for 12 accommodation units in 2017. The proposal entails amending the previously approved to replace one the approved duplexes (2 units) with an 8-plex building, add recreation/spa area, trash enclosures, expand the community center by 560 square feet, move a drainage catch basin. Staff recommended approval of the proposed project. Applicant Comment Steve Lane, Basis Architecture, stated that this is a small change to plan due to the owner realizing that the project was lacking single bedroom units. Public Comment: None Commissoner Comments Commissioners Hull, White and Leavitt noted that the property was walked and no problems were observed. It was moved and seconded (Schneider/Murphree) to approve the Fall River Village II: Amended PUD, and Amended Preliminary Condo Map to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously. It was moved and seconded (White/Baker) to approve the Fall River Village II: Amended Development Plan, to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously. 11. STANLEY AVENUE TOWNHOMES: PRELIMINARY TOWNHOME PLAT AND DEVELOPMENT PLAN; 260 STANLEY AVENUE Planner Gonzales reviewed the development plan for 8 townhome units and waiver request to the front setback and landscape buffer setback. Staff recommended approval with the following conditions: The northern parcel will be rezoned to RM before any building permit is applied for The requested variances to the parking lot landscaping buffer and parking lot location shall be approved by the Board of Adjustment. Public Comment None RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 7 It was moved and seconded (White/Hull) to recommend approval of the Stanley Avenue Townhomes: Preliminary Townhome Plat to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously. It was moved and seconded (White/Murphree) to recommend approval of the Stanley Avenue Townhomes: Development Plan and Minor Modification to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously. 12. REPORTS Staff Level Reviews 1. Director Hunt noted that for the town’s Fish Hatchery Project we are in the very early stages of this 75 acre property and the town has hired a firm to help with this development plan. 2. Staff is proposing to implement additional measures for improvement of the town web site and routing of plans which would include increasing staff. 3. Planner Gonzales will be leaving department the end of January and the replacement process will be underway soon. There being no further business, Chair Leavitt adjourned the meeting at 4:40p.m. ___________________________________ Bob Leavitt, Chair ___________________________________ Karin Swanlund, Recording Secretary