HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2010-01-19RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
January 19, 2010, 6:00 p.m.
Board Room, Estes Park Town Hall
Commission:
Attending:
Also Attending:
Absent:
Chair Ron Norris, Commissioners Doug Klink, Alan Fraundorf, John
Tucker, Betty Hull, Steve Lane, and Rex Poggenpohl
Chair Norris, Commissioners Klink, Fraundorf, Tucker, Hull, Lane, and
Poggenpohl
Director Joseph, Town Attorney White, Planner Shirk, Town Board
Liaison Homeier, and Recording Secretary Thompson
Planner Chilcott
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
Chair Norris called the meeting to order at 6:00 p.m. There were 8 people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
Approval of minutes from December 15, 2009 Planning Commission meeting.
It was moved and seconded (Hull/Klink) that the consent agenda be approved as
presented, and the motion passed unanimousiy with one abstention; Commissioner
Lane abstained.
3. PLANNED UNIT DEVELOPMENTS (PUDs)
Commissioner Hull commended Community Development staff on the thoroughness of
the information that was provided to the Commission about PUDs.
Director Joseph reviewed the current PUD provision in the Estes Valley Development
Code (EVDC), stating the basic purpose of a PUD is to allow for mixing of commercial and
residential use. The CO-Commercial Outlying zone district is the only district that
currently allows PUDs. The current regulation allows uses permitted by right or by special
review in the underlying zoning district, plus residential and accommodation uses. It has
been discussed to allow PUDs in A-Accommodations zone district.
Referring to the Zoning Map, Director Joseph stated the CO-Commercial Outlying parcels
are fairly constrained, particularly when located next to public lands that have been set
aside for uses other than commercial development. An expansion of the PUD allowance
into the A-Accommodations zone district would significantly increase the land base for
PUD opportunities. Chair Norris directed Staff to provide the total number of acres
currently in the CO and A districts, while Commissioner Lane requested information about
the number of lots within the CO and A zone districts that fall above and below the
minimum three-acre threshold that is currently required. Director Joseph stated this
information will be provided at the next scheduled Planning Commission meeting.
Director Joseph stated the parameters of the 3-acre minimum lot area requirement are
such that the requirement is not cumulative, meaning a PUD does not enjoy any higher
density or floor area ratio than what the underlying zoning would yield otherwise. Director
Joseph stated some communities are allowed to negotiate density versus open space in
PUD applications, but the EVDC regulations do not have that flexibility. The 30% open
space requirement includes park space, public plaza space, public pedestrian space, and
other areas open to the public. In general, PUDs are intended to produce higher-quality
design and innovation, along with better land use. PUDs, as provided for in the EVDC, are
a discretionary approval, whereby the Planning Commission could recommend denial of a
proposal to the Town Board of Trustees or Board of County Commissioners because the
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Estes Valley Planning Commission 2
January 19, 2010
qualities and attributes do not warrant being in the PUD process. Town Attorney White
stated a developer can elect to develop under the traditional zoning rules if the PUD
application is approved or denied.
Commissioner Poggenpohl stated the current code is well-written though limiting. He
pointed out that the Planning Commission will need to decide if they want the flexibility
and freedom to have this creative tool to use for future development and redevelopment
that is not available with traditional zoning. Director Joseph reiterated that PUDs are a
negotiated process between the municipality and the developer and are designed to be a
win-win situation for everyone involved. Director Joseph stated there is some constraint,
by state statute, in how PUDs are used, but they are permitted inside and outside of Town
limits.
Commissioner Tucker wanted to consider expanding the PUD capabilities into the
Accommodations zone districts. Commissioner Poggenpohl stated PUDs are complex
and often misunderstood by the public due to the negotiation process. He mentioned
PUDs could be a creative tool that could be used now and in the future with affordable
housing issues and redevelopment. Commissioner Hull could envision expanding the
PUD code to include Accommodations, Commercial, and Industrial districts. However, she
expressed concern about PUD allowance in residential areas as being a way to bypass
raM0na- zon'r?9 regulations. Commissioner Lane did not want to eliminate the possibility
of PUDs in residential areas, stating PUDs are not required to have a lot of commercial
development and could be a valuable addition to a residential area. Director Joseph
explained that residential multi-family zone districts are considered residential areas.
Chair Norris recapped the study session dialogue with Trustee Miller. The PUD orocess
was explair^d. Pointing out a PUD allows for negotiation between the Town and the
innnt vTfh' M‘ler stated in thG study sessi°n this was a tool for the Town to have
nPt^o devel°Prp®nt a[ld redevelopment of the Estes Valley. Director Joseph added
n the study session that a balance has to be struck between predictability of fixed zonino
V',y that iS all0Wed Wi,h a PUD- Chair Norris su99ested the n™p would
indude two Commissroners meeting with Trustee Miller to review input and begin work on
a problem statement to present to the Town Board. m d lu u«gin worx on
Public Comment:
H? 9 " a?y. property owner can request a zoning change to any zone district and
the process for doing so is outlined in the EVDC. Y ’ d
Chair Norris closed the public hearing.
4' rhTEMVALLEY comprehensive plan (EVCP) review committee
Russ Legg. This task force would review the EVPP anH
P P a task force consisting of community leaders and citizens be created to
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Estes Valley Planning Commission 3
January 19, 2010
review the EVCP. Subsequently, on December 15, 2009, Commissioner Poggenpohl
outlined a proposed process for the review of the EVCP for the Planning Commission,
which was discussed at an earlier Planning Commission Study Session. The outline
included: (l)Values, mission, and goals for the valley on the Comprehensive Plan;
(2)lnitial Problem Statement, with an emphasis on minimum or no consultant costs and a
rough, adequate overall time frame; (3)Brief review by Planning Commission of the
existing comprehensive plan to identify areas needing attention and possibilities for
additions or deletions; (4)Brief report on the findings of the Planning Commission with a
rough review and outline of the proposed detailed steps, resulting in a comprehensive
problem statement for approval by Town and County officials; (5)Committee formation
and committee meetings for a more detailed review; (6)Periodic progress reports from the
committee to the Planning Commission, periodic summary reports by the Planning
Commission to the Town and County officials, and a final report with recommendations
from the Planning Commission near the end of 2010. Revisions to the Comprehensive
Plan would be made the following year, including an update of the statistics using the
results of the 2010 Census. Although this can be a very complex process. Commissioner
Poggenpohl thought this proposal could be accomplished as written with minimal
expense.
Commissioner Klink thought it would be unwise to move forward on a review without
accurate and current data. Director Joseph indicated there was a review of Chapter 3 and
rlo^^dlX Vn ?j0?8‘ HI.S View of this ProP°sed task force was to look at the statistics and
recommend updating them. Commissioner Hull was confused as to why this process was
not initiated at the Planning Commission level, and thought the Town Board of Trustees
f lPH0Cee? and#mfe recommendations to the Planning Commission. Commissioner
waq nHatIr0n>hfee 1 f9S 0n the t0piC‘ Commissioner Fraundorf stated the entire report
was 85/o data with a few sections of recommendations. He thought there was a
w'th us'ng the word “Policy” when in general, the Comprehensive Plan is a
Gh de ■ Pl?ctor JosePh stated the chapter on future land use required intensive effort
and resultecl in the first ever unified development code and zoning scheme fo? the llfes
Valley. He emphasized the importance of this document, which required state leoislation
Fra^ rf J°tin/ h'3"0'"9 Comrclssion between the Town and the County. CommLioner
Fraundorf stated some data sections drive decisions. He was accepting rformino a
thp1 pind QIf|trCe' fwK thI0U9ht anV new data would be expensive to compHe. He thought
the end result would be limited to a few minimal changes and/or updates Commissionpr
Sea^Hhl Stat!d mLSSiun Statements have more valua than the estabnshmentrofSa°ask
undampnl^fStl0ned. th6 °rder °f the Process' Commissioner Tuck^ stated ?he
th dra"enta d0CUmeon WaS 900d’ and't was his desire to not conduct a formal review of
he Comprehensive Plan. Chair Norris summarized by stating the generaT^orisenTus of
arLs ba^/rgood dma0ndUCt 3 reVieW “ cos,-e,,ective|y Possible, with focus on key
affasKxiaKg
shortterm no spedfic^agen^!,^Dlirectorajoseph statedV'fh^^ouldtbe*<a0lv^uabie
cpopriit:rsopaebnoua, tersnom;nabtcs°rp^^r^bnairN^^^ irms as^dtincg°r
“rtogalb'rS 3 Pre'iminary reVteW ,0 6n9a9e T~ and Town
Meeting recessed at 8:00 p.m. and reconvened at 8:10 p.m.
Commpthnen:4Sp,rTasrFor0int Cha'r N°rriS and Lane to the
would hprfroP.r!VieWed the StUdy session conversation stating the Planning Commission
would be focusing on communicating as well as possible with Town staff, Larimer County
Illi RECORD OF PROCEEDINGS
5.
Estes Valley Planning Commission 4
January 19, 2010
officials, and the public. Priorities were also reaffirmed. Future agendas were modified to
place Staff Reports immediately following the Consent Agenda.
Commissioner Poggenpohl expressed strong feelings that the existing Comprehensive
Plan needs work in that completed items should be removed and incomplete items should
be addressed. He stated the proposed task force is not properly balanced and would not
serve the public in the best interest. He disagrees with the formation of the
Comprehensive Plan Task Force.
Public Comment:
Johanna Darden/Town Resident agreed with Commissioner Poggenpohl and suggested
he be on the task force. She thought the review of the Comprehensive Plan should be
narrowed down to those items that are most important to the community.
Fred Mares/Town Resident acknowledged that the Comprehensive Plan is a relevant
document. He questioned the purpose and timing of the review. Mr. Mares suggested
creating a good legal definition of the use or purpose of the Comprehensive Plan that
would stand up in court. He questioned how any potential changes would be reviewed
and approved, and also how changes might affect zoning and development in the future.
He was pleased to hear the Planning Commission and Town Board would be working
together on this task force.
Public comment closed.
Chair Norris announced his willingness to accept participation on the task force if it was a
short-term commitment. Commissioner Lane thought he understood the confusion with
the •ssues, and would welcome the opportunity to better the communication with the other
Boards. As a representative from the County, he would do his best to bring as much
County power and representation as was needed to this task force.
SonirJ1JSSi0neo Po99enPohl stated he has a high level of respect for the Town Board and
talk itS. 0mm,SS,0n- H,s resistance to this issue is the process and procedure of the
l~rd andtlfec°nded (Klink/Hull) to appoint Chair Norris and Commissioner
Lane to serve on the Comprehensive Pian Task Force, and the motion oassed with
absta,in^na0vot)ne abatenti°n> and one against. Commissioner Poggenpohi was the
abstaining vote and Commissioner Tucker voted against the appointments.
Suntv'andthP ®^plained fhe Comprehensive Plan was built on consensus between the
Witho^^t thpthFc:Ic U successful in bridging trust between those two entities
Development Cod^ a'ley ComPrehensive Pl^n. '^ere would be no Estes vSfey
HOUSING NEEDS ASSESSMENT
land in Estes Park haq hppn cpt I’-m ^ d appreciate information about how muchs s;
housing could be proved ani evn^H ?-"81^ h0W the conceP,s of affordable
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 5
January 19, 2010
sometimes necessary to filter contentious dialogue that revolves around the site specific
proposals to determine whether or not the plan would advance the housing needs of the
community as a whole. Commissioner Lane would like to see a current snapshot that
shows where the specific need for affordable housing lies; multi-family rentals or single
family home ownership, various income levels, etc. He was also interested in knowing
what alternatives or incentives the Planning Commission could use with land use options
in order to address the affordable housing situation. Chair Norris expressed the desire to
understand the top three or four needs, the extent of those needs, and the options
available to the Planning Commission to meet those needs.
Public Comment:
Sandy Osterman/Town Resident would be interested in seeing the vacancy rates on
affordable housing properties. She stated there are some people who work in Estes Park
that choose not to live here, and those people should not be considered as needing
affordable housing. She also pointed out that there are some areas listed as affordable
housing options that have yet to be built.
Fred Mares/Town Resident mentioned the need to understand the fundamentals of
affordable housing and the factions that need to be addressed; summer housing families
versus singles, working-class housing. He stated that steps taken to solve these issues
may be very different depending on the issue. He suggested a possible solution may be a
subsidized bus that goes up and down the canyon for summer employees.
Chair Norris closed public comment.
6. MEETING TIMES
There was discussion among the Commission concerning keeping the meeting time in the
r;inn9gs0;nSibnaot:° ,he a,,ern00n timeline- C0nsejs L t0
7. REPORTS
requirem^nt'^^^he downtola'ea8' Parkin9 SPaC6S Pr0Vided °n Si,e' and n0 Parkin3
chan9es are as foitows:
Win°drt'Snese-l'•’read?ng0n H°meS' and B&BS’ 2" readin9
Shrua,y i" Wildli,e Habitat Protection final reading
February 23 - Wind Turbines - 2nd reading 9
upcommg CountyC0mroissioners hearing of propos code changes are as follows:
Meeting in Estes Park to hear Wildlife Habitat Protection PnHo
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 6
January 19, 2010
Town Attorney White reported the Town Board approved the first amendment to the Inter-
Governmental Agreement between the Town of Estes Park and Larimer County to extend
the agreement and keep the Estes Valley Planning Commission viable. The County
Commissioners will hear this item on January 26, 2010.
Chair Norris recognized former Chair Doug Klink for his service to the Commission.
There being no further business, Chair Norris adjourned the meeting at 8:27 p.m.
Ron Norris, Chair
Caren Thompson, Recording Secretary