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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2017-11-14 - Special MeetingRECORD OF PROCEEDINGS Estes Valley Planning Commission – Special Meeting November 14, 2017 Board Room, Estes Park Town Hall 1 Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, Doyle Baker Attending: Chair Russ Schneider, Vice-Chair Leavitt, Commissioners Steve Murphree, Sharry White, Robert Foster Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner Audem Gonzales, Planner Carrie McCool, Code Compliance Officer Linda Hardin, Planner Robin Becker, Town Board Liaison Ron Norris, County Staff Liaison Michael Whitley, and Recording Secretary Karen Thompson Absent: Commissioners Baker and Hull Chair Schneider called the meeting to order at 1:30 p.m. He explained the purpose of the Planning Commission. There were approximately 50 people in attendance. 1. APPROVAL OF AGENDA It was moved and seconded (White/Foster) to approve the agenda as presented and the motion passed 5-0 with two absent. 2. PUBLIC COMMENT Greg Rosener/town resident commented on the two memos presented by Town Attorney White and Director Hunt regarding the responsibilities of the Planning Commission. Rebecca Urquhart/town resident stated Town Attorney White issues opinions on how “the Code” is interpreted. 3. CONSENT AGENDA A. Approval of minutes of October 17, 2017 Planning Commission meeting. B. Large Vacation Home Rental; 1020 Otis Lane; Melissa Hawley/Owner It was moved and seconded (White/Leavitt) to approve the consent agenda as amended and the motion passed 5-0. 4. AMENDMENT TO THE ESTES PARK MUNICIPAL CODE, SECTION 17.66 - SIGNS Linda Hardin, Code Compliance Officer (CCO) stated this item was continued from the September 19, 2017 Planning Commission meeting. She met with the Estes Valley Board of Realtors and the Estes Park Partners for Commerce regarding the proposed revisions to the sign code to get their feedback. The most recent revisions to the code can be viewed on the Town website. RECORD OF PROCEEDINGS Estes Valley Planning Commission – Special Meeting November 14, 2017 Board Room, Estes Park Town Hall 2 Staff/Commission Discussion There was brief discussion regarding political signs. Public Comment None. It was moved and seconded (Leavitt/Murphree) to recommend approval to the Town Board of Trustees the amendment to the Estes Park Municipal Code Section 17.66 as presented, including findings as recommended by staff and the motion passed 5-0 with two absent. 5. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING OUTDOOR FOOD VENDORS Planner Becker stated this item was continued from the October 17, 2017 Planning Commission meeting. Revisions were made following feedback from businesses using food trucks, and food truck owners. The proposed amendment would require the applicant to undergo an application process with a staff-level review. Staff and Commission Discussion Planner Becker stated there would not be a limit on the number of food trucks allowed. Town Attorney White stated it would be difficult for mobile food vendors to serve liquor due to state regulations. Public Comment None. It was moved and seconded (Leavitt/Foster) to recommend approval to the Town Board of Trustees and Larimer County Board of County Commissioners the text amendment to the Estes Valley Development Code, with findings of fact and as recommended by staff and the motion passed 5-0 with two absent. 6. LOT 20, LITTLE PROSPECT MOUNTAIN ADDITION; REZONE FROM E–Estate to RM–Residential Multi-Family; 260 STANLEY AVENUE Planner Gonzales stated the applicant desires to rezone 260 Stanley Avenue to proceed with a proposed workforce or attainable housing development. Staff waived the requirement for a development plan submittal with the rezoning application. A legal notice was published in the local newspaper and notices were mailed to adjacent property owners. No public comment was received. Staff recommends approval of the rezoning. Staff and Commission Discussion Commissioner Murphree was supportive of the project. There was brief discussion regarding the process for notifying adjacent property owners. RECORD OF PROCEEDINGS Estes Valley Planning Commission – Special Meeting November 14, 2017 Board Room, Estes Park Town Hall 3 Public Comment None. It was moved and seconded (Foster/Murphree) to recommend to the Estes Park Town Trustees the 260 Stanley Avenue Zoning Map Amendment according to findings of fact with findings recommended by staff and the motion passed 5-0 with two absent. Chair Schneider read a statement concerning differences of opinion and the goal to be a community. He expects the members of the public in attendance today to be respectful and accepting of the outcome of the Commissioner’s decisions. Commissioner Murphree stated Engineers are licensed by the state and their findings should be considered valid and accurate. 7. DEVELOPMENT PLAN AND PRELIMINARY TOWNHOME SUBDIVISION PLAT; RAVEN ROCK TOWNHOMES; TBD PROMONTORY DRIVE Planner Gonzales stated this application was continued from the October 17, 2017 Planning Commission meeting. The applicant met with the neighbors, and subsequently made some revisions to the plans. Darcy Tiglas/environmental consultant submitted a letter stating the elk migration patterns would not be interrupted by this development. Staff presented research on county zoning of this parcel prior to the adoption of the Estes Valley Development Code. Staff does not make recommendations based on the Estes Valley Comprehensive Plan, but uses it as a development guideline. The comprehensive plan is not a regulatory document. Staff recommends approval of the project. Staff and Commission Discussion Planner Gonzales stated the most recent staff report does not include reference to the comprehensive plan in order to avoid confusion with the public and the Commissioners who may think the comprehensive plan is a regulatory document. Applicant Presentation Jim Mackey/applicant stated his team applied best practices and principles in the code regarding this development Joe Coop/project manager reviewed the revisions made to the plans, which were the result of meetings with the neighbors David Bangs/project engineer briefly discussed the final drainage design, which will be reviewed by the Town Engineer and will be a part of the Final Plat application. Darcy Tiglas/environmental consultant reviewed her letter regarding elk migration in the area. According to comments from the Colorado Division of Parks and Wildlife Officer Larry Rogstad, there are no set elk migration corridors across the subject property. Mr. Rogstad recommended RECORD OF PROCEEDINGS Estes Valley Planning Commission – Special Meeting November 14, 2017 Board Room, Estes Park Town Hall 4 protecting the riparian area, building clustering, and landscaping that will keep residents safe by not surprising wildlife. Other recommendations can be read in his letter. As a state agency, CPW only becomes involved in local land use review at the request of the local agencies, and their comments are advisory. Lonnie Sheldon/Van Horn Engineering commented on traffic. Greg Muhonen/Public Works Director reviewed and approved the traffic report. Crosswalks are not warranted for this area, and the parking requirement has been exceeded. Jim Mackey/applicant reviewed his discussions with the neighbors and explained the changes that were made to the plans. He clarified how square footage of the dwellings is calculated. Public Comment Michael Keilty/town resident submitted and read a written comment. Dawn James/town resident thanked Planner Gonzales for sending the application to the Division of Parks and Wildlife. Richard James/town resident stated the applicant needs to comply with both the development code and the comprehensive plan. Marie Gordon/town resident stated the comprehensive plan’s overall theme is to protect the Marys Lake corridor. She was opposed to the development. Claire Ray/town resident stated there have been some positive revisions to the plan that would not have happened if it were not for the continuances. Jon Nicholas/Economic Development Corp. shared his opinion regarding what might happen if the Planning Commission begins to base their decisions on the contents of the comprehensive plan rather than the development code. Public comment closed. Staff and Commission Discussion Each Commissioner provided a closing statement. There were final comments also made by Mr. Sheldon and Mr. Mackey. It was moved and seconded (Leavitt/White) to recommend denial of the Raven Rock Preliminary Plat Townhome Subdivision to the Estes Park Town Board and the motion passed 3-2 with Commissioners White, Leavitt and Foster voting for and Commissioners Schneider and Murphree voting against. RECORD OF PROCEEDINGS Estes Valley Planning Commission – Special Meeting November 14, 2017 Board Room, Estes Park Town Hall 5 It was moved and seconded (Leavitt/Foster) to deny the Raven Rock Development Plan finding it does not meet comprehensive plan standards and it is an unacceptable precedent moving forward and the motion passed 3-2 with Commissioners White, Leavitt, and Foster voting in favor and Commissioners Schneider and Murphree voting against. Director Hunt stated the appeal process will involve a written request to appeal. The deadline to appeal to the Town Board for the November 28th meeting is tomorrow at 5 p.m. 8. REPORTS Senior Planner Woeber reminded the Commissioners of the Planning Refresher workshop on November 29, 2017 from 4 to 6:30 p.m. This workshop will be presented by the state Department of Local Affairs. There being no further business, Chair Schneider adjourned the meeting at 3:35 p.m. _________________________________ Russ Schneider, Chair __________________________________ Karen Thompson, Recording Secretary