HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2017-06-20RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 20, 2017
Board Room, Estes Park Town Hall
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Commission: Chair Michael Moon, Vice‐Chair Russ Schneider, Commissioners Betty Hull, Doug
Klink, Steve Murphree, Sharry White, Bob Leavitt
Attending: Chair Moon, Commissioners Schneider, Hull, Klink, Murphree, White, and
Leavitt
Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales,
Planner Carrie McCool, Planner Robin Becker, Town Board Liaison Ron Norris,
and Recording Secretary Karen Thompson
Absent: None
Chair Moon called the meeting to order at 1:00 p.m. He explained the purpose of the Planning
Commission. There were five people in attendance.
1. APPROVAL OF AGENDA
It was moved and seconded (Hull/Klink) to approve the agenda, and the motion passed
unanimously.
2. PUBLIC COMMENT
John Phipps/town resident asked for clarification on a portion of the Special Review process. He
commented that all National Parks are becoming overcrowded. One of the National Parks is
requiring reservations for parking spaces. He requested a definition of single‐family use be added
or restored to the Estes Valley Development Code (EVDC) at the next regular meeting. He also
requested EVDC Chapter 11.4 be discussed at the July study session to clarify which zone districts
are involved.
3. CONSENT AGENDA
Approval of minutes, May 16, 2017 Planning Commission meeting.
It was moved and seconded (Klink/Schneider) to approve the consent agenda as presented and
the motion passed 7‐0.
4. ESTES PARK RESORT
Planner Gonzales reviewed the staff report. The request is for the construction of 32 detached
accommodations units and a private recreational facility directly west of the existing Estes Park
Resort, 1700 Big Thompson Avenue. The application includes a Development Plan and Preliminary
Townhome Subdivision Plat. The Planning Commission is the decision‐making body for the
Development Plan and the recommending‐body for the Preliminary Townhome Subdivision Plat.
The pavilion is proposed to be built on the same lot as the existing Estes Park Resort lot.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 20, 2017
Board Room, Estes Park Town Hall
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Planner Gonzales stated the review criteria included: landscaping, wetlands, public
trails/sidewalks, water, sewer, fire protection, wildlife study, stormwater, traffic and parking,
access, private recreational facility, and comprehensive plan. Staff is recommending a sidewalk
easement for access to the Estes Lake Trail. The applicant has not provided the requested
easement. Staff does not recommend approval of the reconfiguration of Lot 33, which includes a
“spite strip” less than 10‐feet wide along the southwest edge of the property. A required fire
access lane will require an easement on the property to the north. Staff also recommends
drainage easements, because stormwater culverts cross the property lines. The parking
requirement is in compliance with the EVDC; however, a Development Agreement between Lot
33 and the remaining townhome lots is requested to address the shared parking situation. A
2,600 square foot private recreational facility (pavilion) is proposed, using a shared fire access
area. A Development Agreement will be required to address this situation. Planner Gonzales
stated this planning area shall generally consist of low‐density residential classifications with
some commercial and accommodation uses.
The application was routed to affected agencies and a legal notice was published in the local
newspaper. Notices were mailed to adjacent property owners.
Staff findings can be reviewed in the staff report. Staff recommends approval, with Conditions of
Approval listed below.
Staff and Commission Discussion
There was brief discussion about the traffic entering Highway 34. Planner Gonzales stated neither
CDOT nor the Public Works Department required any changes to the current traffic patterns.
Parking lot lighting will remain the same.
Public Comment
Patrick Sullivan/owner of Estes Park Resort stated the intent of the strip is to protect, preserve,
and enhance the value of the property. Intent is not to deny access to trails; there is access
through the shared driveway with the marina, and also through the hotel. There will be buffers
along the north and west for noise. They have worked with the neighbors for the last couple of
years to create a workable solution for noise, trash, access, etc. They have had issues with the
public parking in the Estes Park Resort lot in order to bypass the marina parking, which has a fee.
They would like to keep the strip in order to help preserve the wetlands. Any access trail needs to
be ADA accessible, which would be compliant if going through the hotel property. The HOA
declarations for the 32 units will include an agreement for the townhome owners to access the
Estes Lake Trail across the narrow strip. There was extensive discussion regarding access to the
lake trail. Any fencing would need to be wildlife habitat compliant.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 20, 2017
Board Room, Estes Park Town Hall
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Mike Todd/project engineer stated there are compliant detention ponds on the property, some of
which will be relocated. The transfer of impervious coverage will be addressed in the
Development Agreement.
Public comment closed.
Staff and Commission Discussion
There were concerns about the reconfiguration of the lot, specifically the narrow strip. Mr.
Sullivan stated it was in the hotel’s best interest to keep that strip free of development. Director
Hunt stated a strip such as this is bad subdivision practice and staff recommends not allowing the
proposed lot configuration. Town Attorney White stated the applicant owns both lots, and has full
control of the area in question.
Conditions of Approval
1. Reconfiguration of Lot 33 to remove “spite strip”.
2. Establishing emergency access easement across the adjacent property to the north and
referencing it on the Final Townhome Subdivision Plat.
3. Establishing all necessary off‐site easements for public utilities and referencing them on
the Final Townhome Subdivision Plat.
4. Remove parking spaces in front of the fire lane/loading area for Private Recreational
Facility and stripe as “no parking”. Install fire lane sign/no parking.
5. Establish drainage easements on Final Plat for 18‐inch pipe crossing multiple property
lines.
6. Development Agreement shall be provided with submittal of Final Townhome Subdivision
application for review and approval.
7. List of Development Agreement items such as Development Rights Transfers shall be listed
on the Final Plat map.
8. Include Lot 1 in access easement across Lot 33.
9. Provide reception number of existing 60‐foot access easement to existing lots from
Highway 34.
It was moved and seconded (Klink/Schneider) to recommend approval to Town Board for the
Estes Park Resort Preliminary Townhome Subdivision Plat according to findings of fact and
conclusions of law, with findings and conditions recommended by staff, and the motion passed
6‐1 with Commissioner Hull voting against the motion.
It was moved and seconded (Klink/Hull) to approve Development Plan 2017‐05 according to
findings of fact and conclusions of law, with findings and conditions recommended by staff,
provided that all conditions on the Development Plan shall be met 120 days from the approval
date, or the Development Plan approval is null and void and the motion passed unanimously.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 20, 2017
Board Room, Estes Park Town Hall
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Commissioner Hull stated for the record that she voted incorrectly on the Preliminary Townhome
Subdivision Plat, and her vote should have been in favor of the recommendation, which included
a condition of approval to reconfigure Lot 33 to remove the strip of land on the southwest side.
5. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE REGARDING THE PREFERRED PLANT LIST
Director Hunt reviewed the staff report. The goal of the proposed amendment is to (1) change the
regulatory framework for the Preferred Planting List in the EVDC; and (2) provide for updates to
the List itself. One primary change to the Preferred Planting List is the removal of Ash trees in
order to not encourage the Emerald Ash Borer to move through the area. If the list were not
imbedded in the EVDC, the proposed amendment would still provide for the list, but allow for
needed updates without an amendment to the code. The Parks Advisory Board reviewed the
amendment and the list, making some valuable recommendations that were included in the
documents. There was brief discussion regarding non‐native, appropriate, or native plants.
Commissioner Schneider recommended substituting ‘appropriate’ with ‘non‐native’. There were
additional comments regarding other landscaping requirements listed in the EVDC.
Director Hunt stated a future amendment will address landscaping in general, including but not
limited to xeriscaping options and additional flexibility. Commissioner White suggested putting
xeriscaping near the top of the amendment.
Public Comment
None.
It was moved and seconded (Klink/Schneider) to recommend approval to the Town Board of
Trustees and the Larimer County Board of county Commissioners the text amendment to the
Estes Valley Development Code as presented in Exhibit A, as modified, finding that the
amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development
Code and the motion passed unanimously.
6. REPORTS
A. Director Hunt reported on the amendments to the Town Board and County Commission.
Amendments for Special Review modifications, Non‐Commercial Uses in Parks, changing
the text ‘single‐family use’ to ‘single‐family structure’, and revising the formula to measure
building height were approved by both the Town Board and Board of County
Commissioners. The text amendment regarding building design in the RM zone district
was disapproved by the Town Board, so the County Commissioners did not review that
proposed amendment. The Town Trustees continued the proposed text amendment for
building height in the RM zone district to the June 27, 2017 meeting; therefore, the County
Commission hearing on the same item will be continued to July 10, 2017. Revisions are
due to the Town Clerk on Thursday, June 22, and Director Hunt stated he would forward
the new draft to the Planning Commissioners. The new draft will take EVDC Chapter 11
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
June 20, 2017
Board Room, Estes Park Town Hall
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materials and split it into subsections for RM zone district, where developers will have to
choose between workforce or attainable housing. With this amendment, there would be
no mixing and matching types of units in the same project. There were comments by the
Planning Commissioners regarding the federal bureaucracy regarding housing (grant
qualification), and frustration expressed about the amount of time the Commissioners
spend on researching and making decisions in the best interest of the community, only to
have their recommendations overturned by the Town Board. After further discussion
regarding funding, unintended consequences, workforce housing focus, etc. Chair Moon
encouraged Planning Commissioners to attend the June 27, 2017 Town Board meeting.
B. Director Hunt reported a variance for impervious coverage was approved for the proposed
Safeway expansion. The staging area for the new construction is between the existing
building and the Stanley Hotel. Parking lot lighting will be addressed in the building permit
process.
C. Director Hunt reported the cap on vacation homes in residential zone districts has not
been reached, as there are still approximately 75 openings. There will be some additional
amendments needed to the code to address a gap regarding “condo‐tels” and how they
are registered and licensed. The next Large Vacation Home Review meeting will be held
June 30th at 1 p.m.
D. Director Hunt reported the Town Board will receive an update on the Downtown Plan at
the June 27, 2017 study session, beginning at 5:15 at Town Hall.
There being no further business, Chair Moon adjourned the meeting at 3:24 p.m.
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Michael Moon, Chair
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Karen Thompson, Recording Secretary