HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2019-05-21
The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
Prepared: May 14, 2019
AGENDA
ESTES VALLEY PLANNING COMMISSION
May 21 , 2019
6:00 p.m. Board Room, Town Hall
1. OPEN MEETING
Planning Commissioner Introductions
2. AGENDA APPROVAL
3. PUBLIC COMMENT
The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed
three minutes.
4. CONSENT AGENDA
Study Session Minutes: April 16, 2019
Meeting Minutes: April 16, 2019
Large Vacation Home: 641 Sanborn Drive
5. MINOR SUBDIVISION, 625 West Elkhorn Avenue Planner II Hathaway
Owner: Lauri Grady, Panoramic Estes
Applicant: Van Horn Engineering
Request: Create two parcels from one existing parcel
6. REPORTS
7. ADJOURN
Town of Estes Park, Larimer County, Colorado April 16, 2019
Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes
Valley, Larimer County, Colorado. Meeting held in Rooms 202/203 of Town Hall.
Commission: Chair Leavitt, Vice Chair White, Commissioners, Foster, Murphree, Smith,
Theis
Attending: Leavitt, Theis, Murphree, Smith, White, Foster
Also Attending: Town Attorney White, Director Hunt, Planner II Hathaway Planner I
Becker, and Recording Secretary Swanlund
Absent: none
Chair Leavitt called the meeting to order at 11:30 a.m.
There were 3 people in attendance. This study session was streamed and recorded on the Town of
Estes Park YouTube channel.
Code Amendment: Event Facilities in A Zoning
Director Hunt, filling in for Planner Woeber, reviewed the text amendment regarding Event Facilities,
allowing them by definition in A and CO zoning. These will be S1 reviews, which are more lenient
than S2 reviews. Leavitt questioned what kind of facilities would be allowed, stating inconsistencies
in some of the Tables. White mentioned lack of zoning buffers between A, C and R zones.
Discussion was had regarding the Lazy B, and the temporary use permit that was granted to them,
which made circumstances difficult. Hunt explained that there are a variety of uses allowed in Table
4.4 for A zoning. Changing a permitted use to a prohibited use is more burdensome. A Purpose
Statement is not a regulatory statement, it is a general statement which causes conflict within the
code. If staff and the PC would define the problem that would help the Board(s) understand.
Code Amendment: CO Removal from PUD’s
Director Hunt described the need to update the Code regarding Planned Unit Developments (PUDs).
Currently, a PUD is only allowed in CO zoning. A prime example of this need is Windcliff, which was
built as a PUD but was removed when the 2000 rezoning took place. Mixed use can be any
combination of Residential and Nonresidential, at least 2 principle uses, and a minimum amount of
three acres. PUDs frontload all of the information. Rezone with an overlay zone specific to the
project would be done as needed.
Park and Rec Code Amendment:
Trustee Norris explained the town board decision to continue the code amendment. The Board
asked for an inventory of existing uses of commercial operations in residential zones be presented at
the May 26 meeting. The moratorium has expired and will be reestablished at next week’s board
meeting.
Planning Commission Study Session March 19, 2019 –Page 2
Mountain Coaster appeal:
Attorney White reviewed the findings of the appeal. The Judge’s decision was 18 pages and very
thorough. The court concluded that it was not ambiguous and why the decision was reached. The
two use classifications were separate and distinct, and it was a low intensity use, which is consist with
RE zoning. The low intensity classification was based mainly on 3 acres of use on a 180 acre parcel.
Lunch break 12:25-12:35
Theiss Rezone
Planner Hathaway reviewed the project, which is a 10 acre parcel that is currently developed with one
single family home. The applicant desires to split the parcel into four 2.5 acre lots. This would
require a rezone from RE1, 10 acre lots to RE, 2.5 acre lots. 27 out of 38 lots surrounding the subject
property range from 2.5 acres to 3.74 acres. Theis speculated that the North End Property Owners
purposely made RE1 zoning to prevent overcrowding, knowing there were numerous nonconforming
lots.
Development Plan Review Requirements (Table 3-3)
Planner Becker explained the update to table 3-3, applying a broader scope to nonresidential parking
space requirements, dropping the number from 10 spaces to 3 for a development review. Leavitt
suggested a point C…………wants to be put on a future study session, with legal counsel present.
Neighborhood meetings update:
Planner Becker noted the corrections and clarifications for displaying signs and an update of which
projects need a community meeting. Leavitt pointed out that some of the use classifications may
need criteria associated.
Large Vacation Homes:
CCO Hardin reviewed the large vacation home applications.
Questions/Discussion/Future Items
Trustee Norris requested articles from Colorado Municipalities April magazine be disbursed to the
PC.
May meetings will begin at 6:00 pm. This information will be made public early May.
“Commissioners Talk” sessions to be discussed
Comp Plan meeting to be facilitated by Martin Currcason
Ayres Associates are working on the Zoning Map resolutions which should be ready for a study
session in May.
Chair Leavitt adjourned the meeting at 1:10 p.m.
_____________________________________
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
April 16, 2019
Board Room, Estes Park Town Hall
1
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Robert Foster, Steve Murphree, Frank Theis
Attending: Leavitt, White, Smith, Foster, Murphree, Theis
Also Attending: Director Randy Hunt, Town Attorney Greg White, Planner II Brittany
Hathaway, Planner I Robin Becker, Code Compliance Officer Linda
Hardin, Recording Secretary Karin Swanlund
Absent: None
Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 25 people in
attendance.
1. OPEN MEETING
2. APPROVAL OF AGENDA
It was moved and seconded (White/Murphree) to approve the agenda as presented
and the motion passed 6-0.
3. PUBLIC COMMENT
none
4. CONSENT AGENDA
Approval of March 19, 2019 Planning Commission meeting minutes.
Approval of March 19, 2019 Study Session minutes
Large Vacation Home, 664 Castle Mountain Road
It was moved and seconded (Theis/White) to approve the consent agenda as
presented and the motion passed 6-0.
5. LARGE VACATION HOME, 2501 CARRAIGE DRIVE CCO Hardin
CCO Hardin reviewed the request to permit the four bedroom Large Vacation Home use
allowing for 10 occupants based on the two per bedroom, plus two formula. The property
is in the center of a nearly one acre lot. The nearest home is 85 feet. There have been
no neighbor complaints.
It was moved and seconded (White/Smith) to approve the application allowing
permission to operate as a Large Vacation Home including findings of fact as
recommended by staff. The motion passed 6-0.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
April 16, 2019
Board Room, Estes Park Town Hall
2
6. REZONE: 1573 DRY GULCH ROAD, Mark Theiss, owner Planner II Hathaway
Planner Hathaway reviewed the proposal that entails the property to be rezoned from RE-
1, Rural Estate with a ten acre minimum lot size to RE, Rural Estate with a 2.5 acre
minimum lot size. The owner intends to subdivide the property into four lots, 2.5 acres
each.
Commissioner Questions:
The current home is on septic, the four lots would have the choice of septic or public sewer
service. This is not a work-force housing project.
Applicant Comment: Owner Mark Theiss introduced himself and gave a brief history of
how he came to request this zoning change proposal.
David Bangs, Trail Ridge Consulting and Engineering, summarized project and the number
of nonconforming use lots surrounding the property. Chapters 3, 4 and 6 in the
Comprehensive Plan all have applicable reasons for approval of this rezoning.
In 2005 the Kendall Canyon Minor Sub Division was created without rezoning. It is unclear
how this was done.
Public Comment:
Phil Edwards, Dry Gulch Road. The best way to stabilize the area during the 2000 rezone
was to keep the lots at 10 acres. If this change is allowed, all north end properties should
be allowed to rezone.
Craig Ellsworth, Devils Gulch Road, opposes the rezoning request. Town does not need
more million dollar homes. Beware the domino effect.
Geoff Letchworth, Devils Gulch Road, opposes the rezone. Forcing the elk to live closer
together is increasing Chronic Wasting Disease, which should be considered in all land
use decisions.
Greg Cenak, Ridge Road, supports the rezone stating it is a perfect location for RE zoning.
Applicant Response:
What is being proposed is fair, considering the surrounding nonconforming lots.
Commissioner Discussion:
Foster stated that if whole north end wanted to rezone to RE, he would be all for it but
piece meal zoning is not the way to go, questioning if there is any benefit to maintaining
large acreage lots. Hunt answered that 10 acre lots are considered sprawl zoning, 2.5
acres is compatible with low density residential concepts and that true open space zoning
would be lots of 50 to 80 acres. Another way to measure proportionality is not by number
of acres but by number of lots, which is well over 50 percent in the north end. Other
comments included: this is a small-area decision with long term implications; there is an
obligation to respect the current Comp Plan; the [possible] intent of the 2000 rezone was to
designate this area as low density/low growth; wildlife migration study happens at
subdivision level, not rezone level; the lot size is consistent and compatible with what is
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
April 16, 2019
Board Room, Estes Park Town Hall
3
already there; this is the natural progression of the town. Whatever is decided here does
not predispose other decisions.
It was moved and seconded (Smith/Murphree) to recommend that the Board of
Larimer County Commissioners approve the rezone request, according to findings
of fact, including findings recommended by staff. The motion passed 5-1 with
Foster voting against.
7. CODE AMENDMENT: UPDATE TO NEIGHBORHOOD AND COMMUINITY MEETINGS
Planner Becker reviewed the Amendment to the EVDC Standard Development Review
Procedures, which would clarify the applicability of neighborhood and community
meetings and provide a clear interpretation of when and where sign postings shall occur.
It was moved and seconded (White/Smith) to recommend approval of the text
amendment to the Estes Park Town Board of Trustees and the Board of Larimer
County Commissioners according to findings of fact and as recommended by staff.
The motion passed 6-0.
8. CODE AMENDMENT: UPDATE TO TABLE 3-3, PARKING THRESHOLDS FOR
DEVELOPMENT PROJECTS
Planner Becker described the Code for Table 3-3. Currently, projects with ten or less
parking spaces do not require a review by staff or the EVDC. This Code Amendment
would require a review for projects with three or more parking spaces.
It was moved and seconded (Theis/Foster) to recommend approval of the Text
Amendment to the Estes Park Town Board of Trustees and the Board of Larimer
County Commissioners. The motion passed 6-0
9. CODE AMENDMENT: EVENT FACILITIES Director Hunt
Due to the absence of Senior Planner Woeber, Director Hunt explained the proposed
Code Amendment to add a definition of “Event Facility” to Chapter 13. Currently the
EVDC does not specify or define Event Facility use. This would add the use definition to
the A, Accommodations and CO, Commercial Outlying Zoning Districts with an S1 Special
Review for the A Accommodations use. This regulation would go into Table 4-4.
Commission Discussion:
Special Reviews should take care of most concerns, including events occurring in
accessory facilities within A zoning and parking issues.
Public Comment:
None
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
April 16, 2019
Board Room, Estes Park Town Hall
4
It was moved and seconded (Leavitt/Smith) to recommend approval of the Text
Amendment as presented to the Estes Park Town Board of Trustees and the Board
of Larimer County Commissioners. The motion passed 6-0
10. CODE AMENDMENT: CHANGE TO PLANNED UNIT DEVELOPMENT ZONING USES
Director Hunt reviewed the proposed Code Amendment to remove restrictions that limit
Planned Unit Developments (PUDs) to the CO, Commercial Outlying, Zoning Districts.
This limitation has resulted in very few PUDs being proposed since the EVDC adoption in
2000. PUDs are not a use by right, every proposal would have a public hearing and a
rezoning process approval. Any proposed PUD would require two use classifications to
qualify for the Mixed-use PUD requirement.
Public Comment:
David Gale, St. Moritz Trail, asked if the office in Windcliff would qualify as mixed use.
Hunt answered in the affirmative.
Rick Ralph, Park View Lane, opposed to the amendment, stating that applying this global
change is to help the Vacation Home situation. Concerns with the fact there were no
disadvantages identified in the staff report.
Commission Discussion:
Attorney White clarified that this amendment has no connection to the Vacation Home cap,
PUDs can’t override the cap. Every PUD will go through at least two public hearings and
be judged on particular circumstances. A three-acre minimum district will be required.
PUD Amendments would be allowed.
It was moved and seconded (White/Theis) to recommend approval of the Code
Amendment as presented to the Estes Park Town Board of Trustees and the Board
of Larimer County Commissioners. The motion passed 4-1 with Murphree voting
against and Foster recusing himself.
11. REPORTS: Director Hunt
A) New Planning Technician Claire Kreycik began April 8.
B) Planning Commission still has an opening for a town appointee.
C) Meetings will be at 6:00 p.m. starting in May.
There being no further business, Chair Leavitt adjourned the meeting at 3:30 p.m.
_________________________________
Bob Leavitt, Chair
_________________________________
Karin Swanlund, Recording Secretary
1t.SubmittalDate:OwnerInformationVacationHome(VH)AddressHomeownersNameBusinessNameMailingAddressPhoneNumberEmailAddress\c4\‘7o,x\tc’Ct\PID31DL3OSO3’9LotSize1-kSUU&RequiredSetbacks:J2±2hFront2r5SideasSRearExistingSetbacks:15ffFrontNf5/S3ide/j‘RearStatementofIntentRequired?YES0)Cornpheaw4thYflQ?.,‘YESNOodeCwnpbnceOfficialZoneDistrict—ITOWNMaximumNumberofOccupantsAllowedJNumberofApprovedParkingSpeces-.i.--StaffRecommendation:(APPROVAL/DENIALScheduledHearingDate__________________________DaleEstesValleyPlanningCommissionUsePlanningCornmittlonChairDateAPPROVEDDENIED2017.0401ESTESVALLEYLARGEVACATIONHOMEREVII\qcc‘.ThZ’s-k--3Cks)t%,Rfl\-Icn.-g%-k--’,c&J\n&c\cç-p-\\.Q’%SiteInformation*4Certificate#NumberofBedrooms________Ifregistrationisstillinprocess,providedatesubmittedtoTown________________________________NumberofExistingOtt-StreetParkingSpacesZ3—NumberofOccupantsProposed(Maximumallowedis2perbedroomplus2)____________________LocalPropertyManagerContactInformationNametceA&Vv€eAvcucPhysicalAddress0vvcyt’“A”an.MailingAddress(,kecc’-tCO5LS.flPhoneNumbercQ>-’m\c-.-kc\k.&EmailAddresst..ackQ’&eekr%QO-e5NrL&’t,.LCàr’rAttachments.‘1$150Fee(TownANDCounty)__________Copyofpropertysiteplan,ifavailableOwnerCertificationAsOwner,certifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandIamtherecordownerofthepropertyRecordOwnerJcN.5$?C—OCThS--.Dateu:\CodeComp1iance\VacationRentals\LVIlRApplication.xlsx
COMMUNITY DEVELOPMENT Staff Report
To: Estes Valley Planning Commission
From: Brittany Hathaway – Planner II
Date: May 21, 2019
RE: Preliminary Plat – Grady Minor Subdivision
Planning Commission Objectives:
1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes
Valley Comprehensive Plan; and
2. Provide recommendation to the Estes Park Town Board of Trustees for
approval/denial of the plat application.
Location:
625 W. Elkhorn Avenue, Estes Park, CO 80517
Owner/Applicant:
Owner: Panoramic Estes, LLC
Applicant: Lonnie Sheldon, Van Horn Engineering
Project Description:
Present Situation: The project area is located north of West Elkhorn Avenue, east of
James Street, and west of Far View Drive, within Town limits.
The total land area is approximately 2.29 acres and is currently developed with two
single family homes and a detached garage. The property is zoned E-1 Estate with a 1
acre minimum lot size.
In December 2016, a final plat for this property was approved by Town Board, titled
“Watson Minor Subdivision”. This plat also proposed to create two lots from one, but in
a different configuration than this application. However, the final plat was never
recorded by the previous applicant. As such, the plat was not finalized and the
application has since expired.
Proposal: This proposal entails creating two legal lots from one unplatted parcel. The
resulting lots will be approximately 1.29 and 1.001 acres in size. The proposed Lot 1 will
include one existing single family home and detached garage and Lot 2 will include the
other existing single family home. Existing improvements will meet all dimensional and
density standards for each lot.
Planning Commission, May 21, 2019
Preliminary Minor Subdivision Plat
Page 2 of 4
Review Process:
Preliminary Subdivision. EVDC §3.9.E. All subdivision applications shall demonstrate
compliance with the standards and criteria set forth in Chapter 10, “Subdivision
Standards,” and all other applicable provisions of Code.
Site Data Table:
Engineer: Van Horn Engineering
Parcel Number: 3525200008 Development Area: Approx.
2.29 acres
Existing Land Use:
Single Family Residential
Proposed Land Use:
Single Family Residential
Zoning Designation:
E-1 Estate
Proposed Zoning Designation:
No Change
Adjacent Zoning:
East: E-1 Estate and A-
Accommodations
North: E-1 Estate
West: E-1 Estate South: CO-Commercial Outlying
Adjacent Land Uses:
East: Single-Family Residential and
Accommodations
North: Single-Family Residential
West: Single-Family Residential South: Accommodations and
Commercial
Services:
Water: Town of Estes Park Sewer: Estes Park Sanitation
District
Review Criteria:
Generally, depending upon the complexity of the project, this section may be a brief
summary of the standards of review or may involve a more detailed analysis of the
standards based upon issues relevant to any particular project.
1. Water. Existing water service is provided to both proposed lots.
2. Sewer. Existing sanitary sewer service is provided to both proposed lots. A 20’
sanitary sewer easement across both lots will also be dedicated for this
subdivision.
3. Access. Access to Lot 1 will utilize an existing access easement through 340
James Street in addition to a 25’ access and utility easement through Lot 2
proposed with this subdivision. Access to Lot 2 will be provided off of Far View
Drive.
Planning Commission, May 21, 2019
Preliminary Minor Subdivision Plat
Page 3 of 4
4. Sidewalk/Trails. N/A
5. Mapped Hazard Areas. The subject property is not within flood or geologic
hazard areas. Any new construction for single-family residences will be required
to comply with Larimer County’s wildfire mitigation requirements at time of
building permit.
6. Comprehensive Plan. The property is located within the Fall River Planning Sub-
Area. The Comprehensive Plan recognizes existing uses primarily consisting of
single-family and accommodation uses, with discouragement of future commercial
convenience type uses. No changes in the existing single-family land use are
proposed with this subdivision, rather it is intended to correct an existing non-
conformity.
The proposed subdivision to create an additional single-family lot with an existing
single-family home, supports the following policies within 5.0 Housing:
5.1 Encourage a variety of housing types and pricing.
5.2 Encourage housing for permanent residents of all sectors of the
community that is integrated and dispersed throughout existing
neighborhoods.
Reviewing Agency Comments:
This application has been submitted to reviewing agency staff for consideration and
comment. All comments have been addressed.
Public Notice:
Written notice has been mailed to properties in accordance with EVDC §3.15 General
Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the
application is posted on the Town’s “Current Applications” webpage. The applicant has
also posted a “Development Proposal under Review” sign on the property.
As of, May 15, 2019, no written public comments have been received for this application
package. All written comments are posted to www.estes.org/currentapplications.
Staff Findings:
Based on the foregoing, staff finds:
1. The Preliminary Minor Subdivision Plat complies with applicable standards set forth
in the EVDC.
2. The Preliminary Minor Subdivision Plat complies with the applicable goals and
policies set forth in the Comprehensive Plan.
3. The Planning Commission is the Recommending Body for the Preliminary Minor
Subdivision Plat.
4. Adequate public facilities are available to serve the proposed projects.
5. This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
Planning Commission, May 21, 2019
Preliminary Minor Subdivision Plat
Page 4 of 4
Recommendation:
Staff recommends APPROVAL of the proposed Preliminary Minor Subdivision Plat.
Sample motion for Preliminary Plat of the Grady Minor Subdivision:
1. I move to recommend that the Town Board approve the “Preliminary Plat of the
Grady Minor Subdivision” according to findings of fact, including findings
recommended by Staff.
2. I move to continue the “Preliminary Plat of the Grady Minor Subdivision” to a
date certain, in order to...[state reasons for continuance].
3. I move to recommend that the Town Board deny the “Preliminary Plat of the
Grady Minor Subdivision” finding that...[state reasons for denial].
Attachments:
1. Vicinity Map
2. Statement of Intent
3. Application
4. Preliminary Minor Subdivision Plat
355
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625
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Fall RiverJAMES STF A R V I E W D R
WELKHORNAVE
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 30 60Feet
1 in = 63 ft±Town of Estes ParkCommunity Development
625 W. Elkhorn Ave.Grady Minor Subdivision
Printed: 5/7/2019Created By: Brittany Hathaway
Subject Prop erty
1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: info@vanhornengineering.com
March 20, 2019
RE: 615 and 625 West Elkhorn Avenue
Grady Minor Subdivision
This letter is intended to act as a Statement of Intent for the 625 West Elkhorn Ave. proposed
Grady Minor Subdivision.
Lauri Grady, through her business Panoramic Estes, LLC, the owner of 625 West Elkhorn
Avenue, is planning to subdivide the lot into two lots, to better make use of the multiple existing
homes and features of the current lot. The subject property is approximately 2.34 acres that slopes
to the south. Two residences currently exist on the property, with the primary residence (proposed
Lot 1) being built in 1905. Access to said Proposed Lot 1 will utilize an existing driveway across
the westerly neighboring property (340 James St.), as well as the existing driveway across the
proposed Lot 2. Access to the Proposed Lot 2 will utilize an existing driveway from the south
connecting to Far View Drive.
The subject property is zoned E-1 Estate with surrounding properties having similar zoning. The
minimum lot size for E-1 zoning is 1 acre. The proposed subdivision will maintain the minimum
lot size.
Utilities that exist on the property include sewer, maintained and operated by Upper Thompson
Sanitation District. Water lines are maintained and operated by the Town of Estes Park, as are
overhead power lines. No modifications to these existing utilities is planned. Easements are being
formalized for these utilities to cross and serve the proposed Lots.
It should be noted that this Minor Subdivision was very near finalization and the approval process
back in August of 2016. At that time, the owner (Mr. Watson) passed away. This submittal
intends to formalize that earlier approval with a modification of the proposed internal lot line.
VAN HORN ENGINEERING AND SURVEYING
LAND SURVEYS
SUBDIVISIONS
DEVELOPMENT PLANNING
IMPROVEMENT PLATS
STRUCTURAL ENGINEERING
SANITARY ENGINEERING
MUNICIPAL ENGINEERING