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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2017-08-15RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017 Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, one vacant position Chair Russ Schneider, Vice-Chair Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, and Robert Foster Community Development Director Randy Hunt, Planner Audem Gonzales, Town Attorney Greg White, Planner Carrie McCool, Town Board Liaison Ron Norris, Larimer County Staff Liaison Michael Whitley, and Recording Secretary Karen Thompson Planner Becker Chair Schneider called the meeting to order at 1:30 p.m. He explained the purpose of the Planning Commission. 1. APPROVAL OF AGENDA It was moved and seconded (Hull/White) to approve the agenda as presented and the motion passed 6-0 with one vacancy. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA A. Approval of July 18, 2017 Planning Commission meeting minutes. B. Large Vacation Home Review - 664 Castle Mountain Road; Stephen Johnson, Owner - 10 occupants It was moved and seconded (Hull/Foster) to approve the consent agenda as presented and the motion passed 6-0 with one vacancy. 4. LARGE VACATION HOME REVIEW - 560 HONDIUS CIRCLE; SCOTT RILEY, OWNER; 10 OCCUPANTS Lot size less than one acre minimum requirement. Public Comment None. It was moved and seconded (Murphree/Foster) to approve the vacation home at 560 Hondius Circle to allow a maximum often (10) occupants and the motion passed 6-0 with one vacancy. 5. LARGE VACATION HOME REVIEW - 3149 FISH CREEK ROAD; MARY JAY YUSUF, OWNER; 10 OCCUPANTS Lot size less than one acre minimum requirement. Public Comment None. It was moved and seconded (Hull/Leavitt) to approve the vacation home at 3149 Fish Creek Road to allow a maximum often (10) occupants and the motion passed 6-0 with one vacancy. 6. LARGE VACATION HOME REVIEW - 1320 COUNTRY CLUB DRIVE; MARVIN & PAMELA HART, OWNERS; 10 OCCUPANTS Lot size less than one acre minimum requirement. Public Comment RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017 Board Room, Estes Park Town Hall None. It was moved and seconded (White/Leavitt) to approve the vacation home at 1320 Country Club Drive to allow a maximum often (10) occupants and the motion passed 6-0 with one vacancy. 7. LARGE VACATION HOME REVIEW - 1461 ST. MORITZ TRAIL; THANE SPONSEL, OWNER; 10 OCCUPANTS Lot size less than one acre minimum requirement. Public Comment None. It was moved and seconded (Foster/Murphree) to approve the vacation home at 1461 St. Moritz Trail to allow a maximum often (10) occupants and the motion passed 6-0 with one vacancy. 8. FERGUSON ONE PRELIMINARY TOWNHOME SUBDIVISION PLAT; LOT 5 & A PORTION OF LOT 6, BLOCK 13, FERGUSONS SUBDIVISION; 1551 MARYS LAKE ROAD - Continued from June 20th meeting Planner Gonzales stated the staff report for both preliminary subdivision plats would be combined into one; however, two votes will be required by the Commissioners. The applications are to create two separate townhome subdivision plats, each with two lots. The parcels are zoned A-l-Accommodations, and each are approximately 0.5 acres. No new units are proposed; only the two existing duplexes (one is still under construction). This item was continued last month due to a neighbor's concern regarding drainage. The County Engineer recommended conditions of approval, listed below. Public Comment Seth Hanson/applicant stated the reason for the continuance was to allow time to work out the drainage issues with the adjacent neighbor. He met on site with her several times and agreed on which contractor to use. He stated he is confident a plan can be designed that is satisfactory to both parties. A retaining wall along the property line will be built to keep all the drainage on his property. David Bangs/project engineer stated he was confident he could remedy the drainage issue, which Larimer County engineers will review for adequacy. Trudy Ester/county resident stated the historical drainage was from west to east, and now it runs north towards her property. She stated the entire area was full of springs that erupted following the 2013 flood. Mr. Hanson has worked hard on getting the drainage issue resolved. The neighbors are working to determine whether a culvert is needed at Marys Lake Road. She was frustrated with the runaround she received about county grading and drainage requirements. Staff and Commission Discussion Several Commissioners commended Mr. Hanson and Ms. Ester for working together to arrive at a solution. Planner Gonzales stated the duplex was permitted by right, and a building permit was issued by the County. The County Engineering Department does not review drainage with building permits. The drainage review was triggered with the Subdivision application. Conditions of Approval 1. A detailed grading and drainage plan for both projects shall be submitted with the Final Plat applications. Upstream and downstream contours and flows shall be discussed and shown on the grading and drainage plan. 2. Show detailed contours and spot elevations on grading and drainage plan. 3. Underdrains shall not daylight within the limits of county road right-of-way. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017"^ Board Room, Estes Park Town Haii 4. Shared drainage and maintenance easements between Ferguson Townhome One and Two shall be shown on the Preliminary Plat and Final Plat. This is for the berm shown between the two projects and underdrains shown crossing lot lines. 5. Construction details on the retaining wall and berm shall be submitted with the Final Plat. It was moved and seconded (Leavitt/Hull) to recommend approval of the Ferguson One Townhome Subdivision to the Larimer Board of County Commissioners according to findings of fact, including findings and conditions recommended by Staff and the motion passed 6-0 with one vacancy. 9. FERGUSON TWO PRELIMINARY TOWNHOME SUBDIVISION PLAT; LOT 8 & A PORTION OF LOT 7, BLOCK 13, FERGUSONS SUBDIVISION; 1573 MARYS LAKE ROAD - Continued from June 20th meeting Planner Gonzales state the previous staff report (Ferguson One Townhome Subdivision) also applies to this application. The County requested the same Conditions of Approval, listed below. The one driveway will be shared by residents of both duplexes. Paving of the road was waived by the County. Public Comment None. Staff and Commission Discussion None. Conditions of Approval 1. A detailed grading and drainage plan for both projects shall be submitted with the Final Plat applications. Upstream and downstream contours and flows shall be discussed and shown on the grading and drainage plan. 2. Show detailed contours and spot elevations on grading and drainage plan. 3. Underdrains shall not daylight within the limits of county road right-of-way. 4. Shared drainage and maintenance easements between Ferguson Townhome One and Two shall be shown on the Preliminary Plat and Final Plat. This is for the berm shown between the two projects and underdrains shown crossing lot lines. 5. Construction details on the retaining wall and berm shall be submitted with the Final Plat. It was moved and seconded (White/Foster) to recommend approval of the Ferguson Two Townhome Subdivision to the Larimer Board of County Commissioners according to findings of fact, including findings and conditions recommended by Staff and the motion passed 6-0 with one vacancy. 10. PRELIMINARY CONDOMINIUM MAP; RIVERVIEW PINES II CONDOMINIUMS; 1150 W ELKHORN AVENUE Planner Gonzales stated only one structure is proposed to be condominiumized with this application. The request is to condominiumize a newly constructed office building containing a dwelling unit. There are also two easements proposed to be vacated: a utility easement no longer in use, and a water main easement that was relocated to the side utility easement. The applicant is also proposing to establish a 15-foot sewer main easement on the Final Condominium Map. The application was routed to affected agencies, a legal notice was published, and adjacent property owners were notified by mail. There were no significant issues or comments. Staff and Commission Discussion Planner Gonzales stated the applicant was unable to attend the meeting. Public Comment None. RECORD OF PROCEEDINGS Estes Valley Planning Commission 7\ugust 15, 2017 Board Room, Estes Park Town Hall It was moved and seconded (Foster/Murphree) to recommend approval of the RIverview Pines II Preliminary Condominium Map to the Town Board, according to findings of fact, including findings recommended by Staff and the motion carried 6-0 with one vacancy. 11. SPECIAL REVIEW DEVELOPMENT PLAN; ESTES PARK BAPTIST CHURCH EXPANSION; 2200 MALL ROAD Planner Gonzales stated this project is within the unincorporated Estes Valley, and is currently developed with the church building, a parsonage house and some modular office buildings. Zoned RM-/?es/denf/o/ Multi-Family, religious institutions are allowed in RM by Special Review. The plans are to build a 9,000 square foot addition to the existing church building, adding 30 parking spaces, removing one of two modular office buildings, and removing and constructing a new maintenance shed. Future plans include a residential duplex on the site. This is permitted by right, so is not included with this review. Throughout the review, staff has had several concerns, one of which is regarding a proposed office that has floor plans similar to residential units. There are also concerns from the adjacent property owners regarding the landscaping, especially since the applicant has requested landscape waivers on all four sides of the property. The application was routed to affected agencies, a legal notice was published, and adjacent property owners were notified by mail. The County Engineering Department had no comments on the proposed drainage plan. Because there is no change to the interior worship center, additional parking is not required, but the applicant is adding 30 additional spaces. The existing gravel driveway is on land owned by the Federal government. Approval of the expansion is needed by the US Department of the Interior, and a Condition of Approval is listed below regarding this issue. Regarding the waiver requests for landscape buffering, the Commission will need to make a recommendation as to whether or not to allow the waivers. Staff and Commission Discussion There was discussion about future construction allowed by right or by development plan amendment. Only the new construction will be required to be dark sky compliant. Any fixtures that are changed out will need to be dark sky compliant. The access across Federal land is historic and supposedly there is no written access easement. Dealing with Federal agencies can take a long time, which is why the condition of approval was added. There was brief discussion about the size of the addition related to the number of parking spaces required. Public Comment Laura Case/county resident stated exterior lights at the church are on 24/7 and existing trees do not block everything. She stated the pastor has not been forthcoming about uses on the property. She questioned the proposed use, because of contradictions between the development plan application and the church's website. The church website states the expansion will be a "mission house." Joy Harvey/county resident requested the Commissioners deny the request to waive the landscaping requirements. The Statement of Intent is unclear as to the use of the expansion and the modular units, and she requested a clear and accurate description of the expansion and modular units. She stated the modulars were moved very close to the property lines last summer, without permits. Neighbors want the Commission to consider what the true development may become. She also read a letter from Clayoma Gilliland, who was not able to attend the meeting. Note: All written public comments are posted on the Town website. Tom Bergman/project engineer stated the applicant was not in attendance. He agreed there should be additional screening on the south side. The existing modular on west side will remain as office space. The mission home is not on this plan because a residential home is allowed by right. The main entrance to the sanctuary will change when the new addition is built. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017 Board Room, Estes Park Town Haii Staff and Commission Discussion Staff and Commission comments included: disappointment that the applicant was not present to discuss the rental unit, mission house, trash, tent city, illegal use of the property, modular, etc.; too many questions to make a recommendation; several Commissioners were in favor of a continuance so the applicant could be present to answer questions; with this being a religious organization, the review and conditions are somewhat limited. It was moved and seconded (Hull/White) to continue the Estes Park Baptist Church Special Review to the September 19th Planning Commission meeting and the motion passed 6-0 with one vacancy. 12. AMENDMENT TO THE ESTES PARK MUNICIPAL CODE SECTION 17 REGARDING SIGNS. Director Hunt stated sign code is still in draft form, and there is considerable interest in additional review by the public. He would like to request a continuance of this item to the September 19th meeting to allow additional public input. He has been in contact with the Economic Development Corporation and hopes to have the final draft available by the end of August. There is a Town Board goal to get a new sign code adopted by the end of 2017. Public input is important. It was moved and seconded (White/Hull) to continue the hearing for the amendment to the Estes Park Municipal Code regarding signs to the September 19th Planning Commission meeting and the motion passed 6-0 with one vacancy. 13. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED & BREAKFAST INNS Planner McCool stated staff would like to request a continuance to allow additional discussion relating to vacation homes and bed and breakfasts. Continuance to the September 19th Planning Commission meeting would be appreciated. It was moved and seconded (Foster/Hull) to continue the hearing for the amendment to the Estes Valiey Development Code regarding Bed and Breakfast inns to the September 19th Planning Commission meeting and the motion passed 6-0 with one vacancy. 14. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDiNG OUTDOOR FOOD VENDORS Planner McCool reviewed the staff report in Planner Becker's absence. There is an unsatisfied need in the Estes Valley for food trucks and outdoor food vending. Currently, no licensing process exists specifically for food truck vendors; however, staff has been using the Temporary Use Permit for food truck owners. Regulations would provide a clear interpretation of how and where this operation is allowed in specific zoning district in the EVDC. Staff finds this amendment is necessary to address the changing need in the community. Food trucks can provide economic benefit to the town, and regulations would provide a more organized structure than the current process. Staff and Commission Discussion Discussion about #18, and whether or not that language should be in the code. Director Hunt stated the market would regulate itself, but staff would want to monitor any locations with multiple food trucks. Commissioner Hull inquired about #6, requesting additional information about what was considered "undeveloped". Director Hunt clarified that in this case, an undeveloped lot would be one that does not have an existing use established through zoning regulations. An example would be the disallowance of a food truck owner parking and running his business in an undeveloped meadow. In regards to this proposed amendment, food trucks would be allowed in zone districts CD- Commercial Downtown, CO—Commercial Outlying, \-l—Industrial, A—Accommodations, and CH— Commercial Heavy. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017 Board Room, Estes Park Town Hall There was additional discussion including, but not limited to: compliance with health department regulations; not limited to local food truck owners (use the word "regional" instead); if an HOA wanted to have a food truck for a special event, they would need to apply for a Temporary Use Permit; the requirement of a recycle bin was suggested; concern that the local business community had not been notified of the proposed amendment. Director Hunt suggested continuing this amendment to the October 17th meeting, if there was a desire by the Commission to reach out to the local business community. Planner Becker would be responsible for the outreach, as she is the lead planner on this proposed amendment. It was moved and seconded (Foster/Leavitt) to continue the proposed amendment to the EVDC regarding food trucks to the October 17, 2017 Planning Commission meeting to allow staff time for further development of facts and the motion passed 6-0 with one vacancy. 15. REPORTS Director Hunt reported Safeway's development plan was approved and the building permit is close to being issued. Construction will be during the slower months. There was concern about the ongoing parking issue (or absence thereof). Safeway conducted a parking study that confirmed there were enough spaces available, as long as they enforce patronage. In June, Safeway received a variance from the impervious coverage requirement. Director Hunt stated he would like to propose a code amendment in the future that would recognize shopping centers and the things that are specific to them, which would include parking. Director Hunt reported the Town Board continued the proposed EVDC amendment regarding the Preferred Plant List to allow the Fire District time to review the code language. County Staff Liaison Michael Whitley reported the Board of County Commissioners was meeting today to appoint Mr. Doyle Baker as the newest county representative for the Estes Valley Planning Commission. Mr. Baker lives in Little Valley. Director Hunt reported he was optimistic that a new Senior Planner would be on board by the end of September. Director Hunt reported September 28th would be the third and last community forum. Parking will be one of the topics. The drop-in forum will be held in the Town Board room, with the time to be determined. Director Hunt reported a joint Town Board and County Commission meeting will be held Monday, September 18th to discuss the forthcoming EVDC amendments as presented at the May Town Board and County Commission meetings. The Planning Commissioners are encouraged to attend. The meeting is being organized by the Town Clerk's office. Director Hunt reported the former Taco Bell/KFC building will be demolished to make room for a new Starbucks that has drive-through service. Code Compliance Officer Linda Hardin reported on vacation homes, stating there have been approximately 425 inspections thus far. Regarding Host Compliance, there have been 40 phone calls to them regarding vacation rentals, though not all involved possible violations. Considering how busy town is this summer, she thinks this is a very low number of calls. The 694 vacation homes reported by Host Compliance includes commercial districts, and possible homes outside our Jurisdiction. The current license registration number is at 527, with the cap being 588. It was suggested to add the Host Compliance phone number to the Vacation Home web page. CCO Hardin reviewed the process involved when a call is received, stating there were still a few issues to work out regarding how conversations with cailers are handled, and she will continue to work with Host Compliance representative. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 15, 2017 Board Room, Estes Park Town Hall There being no further business. Chair Schneider adjourned t|fe iViedting at 3:48 p.m. Russ Schneider, Chair Karen Thompson, Recording Secretary