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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2018-02-20Prepared: February 14, 2018 * Revised: AGENDA ESTES VALLEY PLANNING COMMISSION REGULAR MEETING February 20, 2018 1:30 p.m. Board Room, Town Hall 1. OPEN MEETING a. Planning Commissioner Introductions 2. AGENDA APPROVAL 3. PUBLIC COMMENT a. The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA a. Minutes: January 16, 2018 b. LARGE VACATION HOME REVIEW: 961 Old Ranger Drive 5. LARGE VACATION HOME REVIEW: 1907 Mall Road Code Compliance Officer Hardin 6. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING ATTAINABLE / WORKFORCE HOUSING COVENANTS Senior Planner Woeber 7. GRAND ESTATES APARTMENTS (507 GRAND ESTATES DR.): DEVELOPMENT PLAN AND PRELIMINARY MINOR SUBDIVISION Senior Planner Woeber 8. FISH CREEK STORAGE MINOR SUBDIVISION (1901 FISH CREEK ROAD) Planner I Becker 9. EVDC AMENDMENT: TO ADD “PUBLIC SCHOOLS” AND “NON-PUBLIC SCHOOLS” AS USES ALLOWABLE IN ALL ZONING DISTRICTS, AND ALSO TO REVISE THE DEFINITIONS OF SCHOOLS Senior Planner Woeber 10. REPORTS A. Staff-Level Reviews B. Estes Valley Board of Adjustment C. Estes Park Town Board D. Larimer County Board of County Commissioners E. Community Development Update F. Vacation Home Update G. Downtown Plan Update H. Other 11. ADJOURN RECORD OF PROCEEDINGS RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall Regular Meeting of the Estes Valley Planning Commission January 16th, 2018, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt; Commissioners Doyle Baker, Sharry White, Betty Hull, Steve Murphree, Robert Foster Attending: Chair Russ Schneider, Vice-Chair Bob Leavitt; Commissioners Doyle Baker, Sharry White, Betty Hull, Steve Murphree, Robert Foster Also Attending: Director Hunt, Town Attorney White, Planner Gonzalez, Planner Woeber, Town Board Liaison Walker, County Staff Liaison Michael Whitley and Recording Secretary and Planner Becker Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Schneider called the meeting to order at 1:30 p.m. 1. OPEN MEETING Planning Commissioner Introductions Comment from Chair Russ Schneider as Public Record Commissioners and study session attendees: Recently Town Administrator Lancaster informed the Estes Park Town Trustees that the Estes Valley Planning Commission had violated the Colorado Open Meeting Law, i.e. the Sunshine Law. To my fellow commissioners, I am sorry you have been painted by the brush of mistrust. During a November training session, the EVPC was advised that it would be a good practice to bring the entire Planning Commission into the agenda setting process, rather than have the agenda be exclusively set by the chairman and the Community Development Director, which has been the tradition. Recently however, and prior to having such a session, the chairman was looking for ideas regarding future meetings, knowing the number issues we would likely address in 2018 were vast. Some of the commissioners responded to the email which we have been told RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall constitutes a violation of the Sunshine Law. Our understanding was that email messages discussing pending actions by the EVPC constitute a meeting and they are subject to the law. At no time were any agenda items established, or topics discussed that are currently under review by the EVPC. There was never any intent to violate any provision of the Sunshine Law, nor any attempt to prevent anyone from knowing what we were doing. We take our duties seriously, including the requirements to adhere to the conditions of the Sunshine Law and to conduct business in a transparent fashion. Accordingly, we are taking the following steps: 1) prohibiting any and all discussions via email that may require action, regardless of the topic; 2) making all EVPC emails public; 3) obtaining additional guidance from the Town on permitted forms of communication; and 4) working with the Town to find an acceptable way for the EVPC Commissioners to provide input to the agenda setting process. The EVPC is requesting specific guidelines as we move forward. Also, given the amount of anticipated work ahead, we are considering having an additional scheduled study session each month. The primary purpose would be to work on updating the Comprehensive Plan, but it would also be an opportunity to discuss potential agenda items in an open forum. In addition, we are requesting periodic meetings between the EVPC, Town Board, and County Commissioners to improve communication, understanding, and collaboration between the EVPC and these governing bodies. In the coming year we will face many challenges, such as development and writing of a Comprehensive Plan, traffic, parking, workforce housing, important Estes Valley development code changes, and significant development projects. We look forward to working with the Town, County, local organizations, and citizens of the Estes Valley on these tasks. It is our goal to more openly demonstrate our commitment to this community to regain public trust. Russ Schneider 2. AGENDA APPROVAL It was moved with no second (Leavitt) that the agenda be approved, and the motion passed (7-0). RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 3. ELECTION OF OFFICERS FOR 2018 It was moved with no second (Hull) that the election of officers (see below) be approved, and the motion passed (7-0). Chairman Leavitt (Vote 7-0) Vice Chair White (Vote 7-0) RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 4. PUBLIC COMMENT The following citizens provided public comment: 1. John Phipps/town resident thanked Board for their service and dedication stating that they have a lot of community support. 2. Kevin Conrad/town resident appreciates the work the Board does and public support is high and will continue to support decisions. 3. Pat Newsom/town resident “appreciates the dedication and time Board puts in to keeping town on the straight and narrow” 4. Johanna Darden/town resident thanked Commission. “The Comprehensive Plan is an extremely important document and the push toward econominc development is strong and long time residents have no say. Don’t give up and be strong when it comes to review of comprehensive plan”. 5. Jon Nicholas/Economic Development Corp. (EDC) speaking on Raven Rock appeal. “TheComprehensive Plan decision will make it difficult for future aplicants to apply to code”. 6. Tom Gibbs/town resident spoke on the future of the Commission and its decisions regarding zoning and attainable housing. and how it will affect residents. 7. Dick Spielman/town resident “This Commision has been unduly citicized for trying to do your job. You have a lot of backing in town”. 8. Susan Wolf/town resident “Thank you for great service”. 9. Connie Phipps/town resident said that the Trail Gazette is unfairly critisizing this Commisson 10. Sandy Lindquist/town resident Long term resident apprciates and trusts Boards work. 11. Pat Blume/town resident “You have a challenging misson”. End Public Comments Commisioner Comments: Commissioner Hull stated that her time on the Commison and the recent events that have put it and her in the public eye have been difficutl and thanked the public for their comments. Chair Schneider echoed Commissioner Hull’s comments. 5. CONSENT AGENDA A. Approval of minutes from (11/14/17) Planning Commission meeting. B. Large Vacation Home Review: 541 Heinz Parkway/owner Reichle C. Large Vacation Home Review: 3960 Little Valley Road/owner Moak D. Large Vacation Home Review: 3456 Mountainside Drive/owner Moak RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall It was moved and seconded (Hull/White) that the consent agenda items be approved, and the motion passed unanimously (7-0). 6. LARGE VACATION HOME REVIEW: 159 STANLEY CIRCLE/OWNER RILEY; PROPOSED OCCUPANCY-10 Code Compliance Officer (CCO) Hardin reviewed the LVHR memo. The subject property does not meet the one-acre minimum required lot size and the home sits at 23’ setback from front property line, setback requirements are 25’. There have been no enforcement issues with this property. Public Comment none It was moved and seconded (Murphree/White) to approve of the Large Vacation Home application for 159 Stanley Circle and the motion passed 7-0 7. LARGE VACATION HOME REVIEW: 1421 SUNNY MEAD LANE/OWNER ASHBY; PROPOSED OCCUPANCY-16 *APPLICATION AMENDMENT FROM 5 TO 7 BEDROOMS CCO Hardin reviewed the LVHR memo. The subject property does not meet the one acre minimum requirement (lot size is .77 acres). Applicant has been working with Building Division to bring property into compliance with current building codes. Public Comment None It was moved and seconded (Foster/Hull) to approve of the Large Vacation Home application for 1421 Sunny Mead Lane and the motion passed 7-0 8. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE 3.3.D REGARDING ATTAINABLE/WORKFORCE HOUSING COVENANTS Planner Woeber reviewed and provided a recommendation for a proposed text amendment to the EVDC to add a subsection which provides an option for a “Restrictive Covenant and Agreement” within the chapter regarding incentives for attainable and workforce housing. Currently, the only available mechanism to assure that attainable and workforce housing units allowed through the EVDC’s provision for a “density bonus” is limited only to qualified persons through a deed restriction. This amendment would add an additional option for a Restrictive Covenant Agreement. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall This is in the best interest of the Estes Valley community due to the need for more attainable and workforce housing. Commission Comment: Commissioner Foster asked for a comparison between deed restrictions and restrictive covenants in regard to a) enforcement and b) amendments. Attorney White explained that attainable housing has successfully been run by the Housing Authority in regard to compliance and sales. Deed restrictions with projects from the private sector won’t work, mainly due to the fact that they aren’t amendable. Covenants are agreements, which are a better vehicle for this code amendment. Commissioner Baker noted that 1) keeping track of the extension of density bonus to multiple properties and properties owned by multiple people adds a level of complexity that he is not comfortable with and 2) the final decision on language is up to town Counsel and not the public. Community Development Director Hunt answered that items in the Development Agreement do get forwarded to the public for comment prior to being approved. He also stated that it is the department’s responsibility to keep records and uphold them and keep track of them. Public Comment: Johanna Darden/town resident spoke in favor of keeping the deed restritions on workforce housing. Jon Nicholas/EDC. shared his opinion that he wants to make sure that the mechanisms used focus on what we want accomplished. It was moved and seconded (Foster/Hull) to continue the proposed Amendment to the Estes Valley Development Code regarding attainable/workforce housing covenants to the February 20, 2018 Planning Commission meeting and the motion passed unanimously. 9. GRAND ESTATES APARTMENTS: DEVELOPMENT PLAN AND PRELIMINARY MINOR SUBDIVISION; 507 GRAND ESTATES DRIVE Planner Woeber presented the applicant request for four multi-family structures, each having 4 units (16 total) and a waiver to the minimum distance required for side setbacks on each of the four lots. Applicant will use and incentive within the EVDC for a density bonus for the proposed development. There is no zone change requested. Staff recommended approval of the proposed Minor Modification request with conditions. Developer Comments: RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall Jes Reetz/Cornerstone Engineering reviewed the development plan with regards to density compared with neighboring plats and parking spaces. Owners are residents of Estes Valley and will act as property management. Owner Comments: Trevor Kropp conveyed that the entire property would be built uniformly. Workforce housing would be built and occupied before the market rate housing. Plan purposely calls for two bedroom/two bath units to be more marketable to not just families, but roommates. Public Comment: 1. Jon Nicholas/EDC spoke on the economic issue bewteen workforce housing and market rate housing. 2. Ray Young/neighborhood resident spoke in opposition to the plan 3. Jim Doctor/neighborhood resident spoke in oppositon to the plan due to the traffic problems it will cause. 4. Melanie Harwood/neighborhood resident spoke in opposition to the plan 5. Tom Bergman/local engineer spoke in favor of the plan 6. Carol Prince/HOA spokesperson Lake Meadow neighborhood spoke in opposition to the plan 7. Steve Lane/local architecht spoke in favor of the plan 8. James Poppitz/town resident spoke in favor of the plan Emails submitted by neighbors to the Planning Commission in opposition to this Development Plan can be viewed at estes.org. Staff/Commission Discussion Considerable discussion was had resulting in the recommendation to continue the proposal to the next meeting. It was moved and seconded (Foster/Hull) to continue the Grand Estates Apartments: Preliminary Minor Subdivision Plat to the next Planning Commission meeting on February 20, 2018 and the motion passed unanimously (7-0). It was moved and seconded by (Foster/White) to continue the Grand Estates Apartments: Development Plan and Minor Modification request to the next Planning Commission meeting (2/20/18), and the motion passed unanimously (7-0). RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall 10. FALL RIVER VILLAGE II: AMENDED PUD, AMENDED DEVELOPMENT PLAN, AND AMENDED PRELIMINARY CONDO MAP Planner Gonzales reviewed the staff report stating that the project was previously approved for 12 accommodation units in 2017. The proposal entails amending the previously approved to replace one the approved duplexes (2 units) with an 8-plex building, add recreation/spa area, trash enclosures, expand the community center by 560 square feet, move a drainage catch basin. Staff recommended approval of the proposed project. Applicant Comment Steve Lane, Basis Architecture, stated that this is a small change to plan due to the owner realizing that the project was lacking single bedroom units. Public Comment None Commissoner Comments Property was walked and no problems observed. It was moved and seconded (Schneider/Murphree) to approve the Fall River Village II: Amended PUD, and Amended Preliminary Condo Map to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously (7-0). It was moved and seconded (White/Baker) to approve the Fall River Village II: Amended Development Plan, to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously (7-0). 11. STANLEY AVENUE TOWNHOMES: PRELIMINARY TOWNHOME PLAT AND DEVELOPMENT PLAN; 260 STANLEY AVENUE Planner Gonzales reviewed the development plan for 8 townhome units and waiver request to the front setback and landscape buffer setback. Staff recommended approval with the following conditions: 1. The northern parcel will be rezoned to RM before any building permit is applied for 2. The requested Variances to the parking lot landscaping buffer and parking lot location shall be approved by the Board of Adjustment. RECORD OF PROCEEDINGS Estes Valley Planning Commission January 16, 2018 Board Room, Estes Park Town Hall Public Comment None A. It was moved and seconded (White/Hull) to recommend approval of the Stanley Avenue Townhomes: Preliminary Townhome Plat to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously (7-0). B. It was moved and seconded (White/Murphree) to recommend approval of the Stanley Avenue Townhomes: Development Plan and Minor Modification to the Town Board with the findings and conditions recommended by Staff, and the motion passed unanimously (7-0). 12. REPORTS A. Staff Level Reviews 1). Director Hunt reviewed the Fish Hatchery Property stating that we are in the very early stages of this 75 acre property and has hired a firm to help with this development plan. 2). Implement additional measures for improvement of the town web site and routing of plans which would include increasing staff. 3). Planner Gonzales will be leaving department the end of January and the replacement process will be underway soon. There being no further business, Chair Schneider adjourned the meeting at 4:40p.m. ___________________________________ Russ Schneider, Chair ___________________________________ Karin Swanlund, Recording Secretary