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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2010-02-16t RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission February 16, 2010, 6:00 p.m. Board Room, Estes Park Town Hall Commission: Attending: 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 Also Attending: Director Joseph, Town Attorney White, Planner Shirk, Planner Chilcott, Town Board Liaison Homeier, and Recording Secretary Thompson Absent:None 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 eight people in attendance. 1. PUBLIC COMMENT David Caddell/County Resident, expressed concern for local developments labeled as condominiums that have difficulty selling due to restrictive financing issues with the condominium classification. He proposed allowing the townhome classification in other zone districts currently allowing multi-family housing. They are currently only allowed in the RM-Multi-Family Residential zone district. The key factor in this change would be a legal description containing a lot and block rather than a unit; a fee simple ownership rather than a condo ownership. This would release the property from the some of the lending restrictions currently in place, and would allow the sale of property before an entire project was completed. Mr. Caddell stated the word “condo” is losing emphasis in the real estate market, and thought a change in the legal description could help complete some of the unfinished projects in town. 2. CONSENT AGENDA Approval of minutes from January 19, 2010 Planning Commission meeting. It was moved and seconded (Hull/Tucker) that the consent agenda be approved as presented, and the motion passed unanimously. 3. SPECIAL REVIEW 2010-01, Circle of Friends Montessori Schooi, Lot 1, Masonic Lodge Subdivision, 1820 S. St. Vrain Avenue; Applicant: Circle of Friends Montessori School; Owner: Masonic Lodge Foundation - Request to continue use of the existing Masonic Lodge building for a daycare and preschool program until no later than 2014. Planner Chilcott reviewed the Staff Report. In 2008, the Circle of Friends Montessori School requested and received Special Review approval to operate a child-care center at the Masonic Lodge building (Special Review 08-03), located at the corner of Acacia Drive and Highway 7. Prior to that, a temporary-use permit was issued so the school could operate at the Masonic Lodge during the Special Review application and approval process. During the Special Review process, approximately $5000 in application and building permit fees were waived. Staff and the Planning Commission also supported waivers to several development standards on a temporary basis since the Montessori School was searching for a more permanent location. The Town Board of Trustees approved this Special Review 08-03 for a period of one year, expiring March 24, 2010. The approval was conditional to the Montessori School vacating the property prior to the expiration date or returning to the Planning Commission and Town Board with another RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 16, 2010 Special Review application, at which time the waiver to the development standards such as landscaping, revegetation, closure of the Highway 7 access, and paving of the parking lot would be reconsidered. To date, the Montessori School has not found a new location and, thus, has submitted a new Special Review application requesting to remain at the current location through December, 2014. With the submittal of Special Review 2010-01, staff has re-reviewed the use for compliance with the Estes Valley Development Code (EVDC) and does not support the continued waiver of the EVDC requirements. These requirements would include improvement of the access on to Acacia Drive, closure of the access on to Highway 7, and paving, striping, and landscaping of the parking lot. This request was submitted to reviewing agency staff for consideration and comment. Adjacent property owners were also notified, and no written public comment was received. Staff recommended the Acacia Drive access be relocated further away from the intersection with Highway 7. The existing access developed over time and was never reviewed nor approved by the Town. Staff also recommended this driveway be paved, along with the parking lot. A portion of the parking lot is already paved, and a handicapped space is provided. Some screening of the play area was recommended, in accordance with the standards in the landscape section of the EVDC. Staff is not recommending the full requirement, but a limited landscaping plan to mitigate any adverse impacts of the use on the adjacent property owners. Planner Chllcott stated with SR 08-03, the Colorado Division of Transportation (CDOT) delayed their requirement to close this property’s direct access to Highway 7 given the temporary nature of the request. CDOT commented on the current review, and would allow the driveway connection to Highway 7 be used by the Montessori School through March 24, 2011. After that date, the property owner would be required to permanently close the access, remove the driveway, and revegetate the area. As an option, the property owner could install a gate across the driveway, which would be locked during the Montessori School’s hours of operation. If the property owner chose to install the gate, at a minimum CDOT would require the gate to be placed on private property and be visible to drivers prior to turning into the driveway. CDOT would also require an access permit. Staff’s understanding was that CDOT was going to make this recommendation to close the access sooner rather than later. Planning Commission’s decision would be a recommendation to Town Board, who is the decision-making body. If approved, the property owner would need to work with the tenant on fulfilling and funding the requirements. Planner Chilcott read the conditions recommended by Staff. Public Comment: Kay Lawson, Director of Circle of Friends Montessori School, reviewed the current status of the day-care. She focused on the financial difficulties based on the current economy and an increase in the need for services that are paid for with county funds, which are due to be frozen in the near future. Approximately half of the current enrollees are subsidized with these county funds. The state licensing procedure for day-cares was revised, and they are awaiting word to determine if improvements inside the building will be required. Ms. Lawson stated the Montessori School Is in no position at this time, financially, to make plans to meet the recommended development standards If they will not be allowed to stay for the duration requested. She asked the Planning Commission for a continuance of the existing Special Review approval until they receive a definitive answer from the licensing board, which could be within about six months. At that time, they would like to re-review the situation. Michael Wold/County Resident and Masonic Lodge Master, stated the Masonic Lodge building has an historic background, originally being in Rocky Mountain National Park at Deer Ridge Junction. The current driveway on Highway 7 has existed since the building was moved from the Park in the mid-1960s. They decided to lease the facility to Circle of Friends Montessori School not because it was a good use of the facility, but because it RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 February 16, 2010 was the right thing to do for the children. Masonic Lodge forgave some of the incurred expenses by the Montessori School during the hard times. Their decision to let the Montessori School continue to use the facility will be based on what will be required to the outside of the building. Paving, driveway improvements, landscaping, etc. will have to be decided on by the Masonic Lodge Foundation. It was their understanding that no development standard requirements would need to be met if the Montessori School moves out of the building. Mr. Wold stated because of the historic value of the building, the Foundation was very interested in the Planning Commission’s recommendation to the Town Board. Commissioner Poggenpohl stated he was aware of the need for quality day-care in Estes Park. Commissioner Tucker stated he would not support a four-year approval, but would support more than one year. Commissioner Hull was concerned about what conditions would have to be met in order to extend the approval for one year. Planner Chilcott stated all the recommended conditions would have to be met in order to comply with the EVDC. Planning Commission could decide to waive all of the development code requirements for another year. Planner Chilcott stated the access issues with CDOT are independent from the Town’s decisions, and CDOT may still require closure of the access regardless of what the Town decides. Discussion occurred concerning the CDOT requirements and the effect they would have on any tenant in the building, based on traffic. It was Planner Chilcott’s understanding that CDOT would be requiring an access permit immediately, and would include the following conditions the Masonic Lodge could consider: They could either continue to use the Highway 7 access for all the uses and then close it at the end of one year; or, they could install a gate that would be closed during the Montessori School’s hours of operation, and open for all other current building uses. If the Montessori School left the premises and no other tenants replaced them, CDOT would not require any changes to the access. However, Director Joseph clarified that if the other existing uses on the site would change to increase traffic, it would most likely trigger CDOT to require the closure of the Highway 7 access. The trigger point is the actual physical traffic count. Ms. Lawson stated approximately eight different locations had been considered for alternate sites, but no suitable location within their budget was found. The Masonic Lodge was the only public building that agreed to accept them. The other buildings are no longer an option, and they continue to search for another location. Chair Norris closed the public hearing. Commissioner Poggenpohl stated that although he was in favor of extending this use for another year, he wanted to clarify that the Planning Commission could not base recommendations on financial concerns, but rather the needs of the community and other planning issues. Commissioner Lane was willing to extend this permit for one year with only the CDOT requirement being imposed, with the understanding this year would be a transitional one and decisions would need to be made for a permanent plan, either with the Masonic Lodge or elsewhere in the community. It was moved and seconded (Klink/Tucker) to recommend approval to the Town Board of Special Review 2010-01, to allow the continued use of the Masonic Lodge buiiding for a daycare and preschooi for a period of 18-months beginning March 23, 2010, and expiring on September 23, 2011, with the foliowing condition, and the motion passed unanimousiy. Revised Condition: 1. As required by the Colorado Division of Transportation: a. The property shall continue to freely use the driveway connection to Colorado Highway 7 through March 24, 2011. On March 25, 2011, the property owner shall permanently close the access, i.e., the driveway shall be removed and the area revegetated; or L RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 February 16, 2010 b. The property owner shall install a gate across the driveway, with review and approval of the date design and location by CDOT. The gate shall be locked at all times during the Montessori School’s hours of operation. If CDOT finds non- compliance with this condition CDOT can, at their sole discretion, require immediate closure of the Highway 7 access, i.e., removal of the driveway connection and revegetation. 4. REPORTS a. Planner Chilcott reported the Estes Valley Recreation and Park District submitted a Location and Extent Review to construct an addition to and remodel an existing storage building at the 18-hole golf course. This was a staff-level review. b. Planner Chilcott reported there have been two pre-application meetings to discuss minor amended plats in the downtown area to readjust lot lines. No new development Is involved. This could come before the Planning Commission in March or April. c. Planner Chilcott reported there was a building permit pre-construction meeting scheduled with Safeway to discuss the remodel of the existing store. She stated there has not been an update on the Safeway Fueling Facility. d. Director Joseph reported that Town Board approved the EVDC amendments for Short- Term Rentals, Vacation Homes, and B&Bs and Accessory Kitchens. These items will be moving forward to the County Commissioners within the next month or so. The County Commissioners will be hearing a referral from the Town Board on the revision of the Wildlife Habitat Protection code amendments. This revision includes retaining raptors in the EVDC as a trigger for site-specific mitigation studies, and retaining existing language concerning staff’s ability to approve the consultant preparing the wildlife conservation plan. There was also one other minor revision in terminology which would create better internal consistency. The hearing will be Monday, March 8, 2010, in the Town Board room. Director Joseph stated the County Commissioners were very specific in their direction to staff to make those revisions and take them back to the Town Board for approval. Commissioner Lane requested the Planning Commission be notified of any future changes in code language at the Town Board or County Commission level prior to the next hearing dates. e. Chair Norris reported a problem statement for Planned Unit Developments (PUD) has been forwarded to the Community Development Committee, which will then go to Town Board. If the statement is approved by Town Board, the Planning Commission will begin the review. f. Chair Norris reported the Comprehensive Plan Review Committee has been formed. The initial meeting will be held on Friday, February 19, 2010. Members include Chair Norris, Commissioner Lane, Trustee Ericson, Trustee Homeier, Town Administrator Halburnt, Director Joseph, County Planner Legg, and County Commissioner Donnelly. The committee would provide a brief overview to the Town Board of areas iri the Comprehensive Plan that may need a more detailed review. Commissioner Poggenpohl commented this could eventually be a valley-wide issue, and the process could take several months to complete. g. Chair Norris reported the Planning Commission and Town Board had a joint study session with the Estes Park Housing Authority. The EVDC code for PUDs could be a possible way to address certain housing needs. h. On February 4, 2010, Chair Norris was invited to speak to the Estes Park Board of Realtors about the Planning Commission’s role in the community. They were interested in the status of vacation homes and B&Bs, as well as possible code changes to PUDs. They asked about the process to provide public comment. IJ RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 February 16, 2010 i. Commissioner Klink asked Director Joseph about Mr. Caddell’s comment at the beginning of the meeting. Director Joseph stated the statements merit serious consideration. Director Joseph expiained the difference between condominium and townhome ownership. Chair Norris directed staff to draft a document stating the pros and cons of this issue and report back to the Planning Commission. There being no further business, Chair Norris adjourned the meeting at 7:22 p.m. Ron Norris, Chair ^jording SecretaryKaren Thom