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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2018-05-15The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. Prepared: May 8, 2018 * Revised: AGENDA ESTES VALLEY PLANNING COMMISSION MAY 15 , 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: April 10, 2018 b. Large Vacation Home Review: CCO Hardin 5. LARGE VACATION HOME REVIEW: 557 Landers St CCO Hardin 6. LARGE VACATION HOME REVIEW: 1091 Marys Lake Road CCO Hardin 7. 920 DUNRAVEN STREET: REZONE FROM CH TO CO Planner Becker 8. 260 STANLEY AVENUE (part): REZONE FROM E TO RM Planner Becker 9. MINOR SUBDIVISION PLAT: Danny West, TBD Stanley Circle Planner Becker 10. 700 Saint Vrain (part): REZONE FROM R2 to A and RM Planner Woeber 11. EAGLE ROCK: SPECIAL REVIEW Planner Woeber 12. WIND RIVER DEVELOPMENT PLAN: Continued to June 19 Public hearing begins May 15 Planner Woeber 13. REPORTS A. Staff-Level Reviews B. Pre Application Reviews C. Estes Valley Board of Adjustment D. Estes Park Town Board/Annexations E. Larimer County Board of County Commissioners F. Community Development Update G. Vacation Home Update H. Other 14. ADJOURN RECORD OF PROCEEDINGS Estes Valley Planning Commission-Special Meeting April 10, 2018 Board Room, Estes Park Town Hall 1 Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Betty Hull, Russ Schneider, Robert Foster, Doyle Baker, Steve Murphree Attending: Chair Leavitt, Vice-Chair White, Commissioners Hull, and Baker Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff Woeber, Planner I Robin Becker, Code Compliance Officer Linda Hardin, Town Board Liaison Ron Norris, Recording Secretary Karin Swanlund Absent: Russ Schneider, Robert Foster Chair Leavitt called the meeting to order at 11:30 a.m. There were approximately 15 people in attendance. 1. OPEN MEETING Planning Commissioner Introductions 2. APPROVAL OF AGENDA It was moved and seconded (White/Baker) to approve the agenda as presented and the motion passed 5-0. 3. PUBLIC COMMENT . None 4. CONSENT AGENDA A. Approval of March 20, 2018 Planning Commission meeting minutes. B. Large Vacation Home Review: 1881 Homestead Lane, 5-bedroom, 12-person occupancy; Owner: Hartzog It was moved and seconded (White/Hull) to approve the consent agenda as presented and the motion passed 5-0. 5. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ADD “PUBLIC SCHOOLS” AND “NON-PUBLIC SCHOOLS” AS USES ALLOWABLE IN ALL ZONING DISTRICTS AND REVISE THE DEFINITIONS OF SCHOOLS. Continued from 2/20/18 and 3/20/18 meetings Director Hunt reviewed the criteria that “Public Schools” and “Non-Public Schools” should be allowable, under specified criteria, in all zoning districts within the EVDC Boundary other than CD, Downtown Commercial. Establishing a Public School would be subject to meeting State Statutory requirements. A Non-Public School would require review and approval of an S2 Special Review. Schools are commonly allowed use in residentially- zoned areas in most places. The EVDC would require, “Any Public School shall comply RECORD OF PROCEEDINGS Estes Valley Planning Commission-Special Meeting April 10, 2018 Board Room, Estes Park Town Hall 2 with all applicable requirements per Colorado Revised Statutes.” This code amendment would eliminate the Special Review and the Location and Extent Review requirements currently in the EVDC for Schools. Staff finds this amendment necessary to address changes in conditions in the area affected, which is to allow existing Schools that are nonconforming uses be brought into zoning compliance, as well as provide more options for Schools to locate in the Estes Valley. Staff recommends approval this amendment. Commission and Staff Discussion: Commissioner Hull asked if 2nd item on the agenda would limit Eagle Rock to only expand one time, to which Director Hunt answered in the affirmative. Commissioner White asked about Safe Routes to Schools and the time-line for that locally. Trustee Norris answered that he thought that the state-level grant was to be implemented next year. Commissioner Baker mentioned his appreciation on the adjustment and elaboration of the amendment; however, he doesn’t feel it has much to do with the EVDC and justification is weak for this change, questioning if anything would negatively impact the Estes valley if this is not passed. Hunt referenced back to the 2000 development code. Applicant Jeff Liddell, Eagle Rock School spoke on the history of Eagle Rock and the current development plans, expressing the need for this text amendment, which is largely due to the housing problem in the Estes Valley. Public Comment: None Commissioner Leavitt stated that he likes the clarity and thoroughness of this newly written text amendment and the explanation of the Special Review process. White is comfortable with the standards of review, adding that a traffic impact study could help improve the criteria and proposed adding that into the motion. Baker reminded the commission that he and Commissioner Foster both expressed strong opposition to this proposal, citing that it doesn’t meet necessary conditions for change and it may be more in line with a comprehensive review on land use, not an ad-hoc code amendment that could tie our hands. Leavitt agreed with the ad-hoc statement and that we are perhaps operating in reactionary mode. It was moved and seconded (White/Hull) to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners approve the text amendment to the EVDC as presented in Exhibit A, as recommended by staff, with the addition of a traffic impact study requirement added to the list of standards for review. The motion passed 4-1, with Commissioner Baker voting against. RECORD OF PROCEEDINGS Estes Valley Planning Commission-Special Meeting April 10, 2018 Board Room, Estes Park Town Hall 3 Commissioner Baker cited four reasons for his vote: a) Proposal doesn’t meet essential EVDC requirements. b) Insufficient consultation and opportunity to assess the justified needs relative to the risk of unintended consequences. c) Sufficient opportunity for organizations interested in establishing schools is already allowed in the current code. d) This type of ad-hoc code amendment is bad practice for the community and elected officials to be following. 6. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE, SECTION 3.15, ADDITION OF “EXTENSION, EXPANSION OR ENLARGEMENT OF A NONCONFORMING USE” Senior Planner Woeber reviewed that this amendment was requested by the Planning Commission as a way to address changes in conditions in the area affected, which is to provide a means for nonconforming uses to expand, as may be appropriate. Zoning was changed in 2000 within the EVDC boundary area, causing situations where a conforming use became nonconforming. In some situations, the zoning that was applied in 2000 was not necessarily the best fit for a given use. Staff recommends approval of this text amendment, as found in an attachment to Chapter 6; 6.9 A-H. Commission and Staff Discussion: Baker asked for an explanation as to why this would be an administrative decision rather than a Special Review given the fact that it does make an exception to the code. He also expressed concern about the wording of points 6A and 7 in the proposal regarding Governing Body appeals and, if there is a solution to the Eagle Rock development from the prior amendment, is it necessary to vote on this amendment. Woeber answered that it would be applicable to anything in jurisdiction and is a good tool to have if this type of situation comes up again. Attorney White clarified that conditions to approvals need to be addressed, and that the administrative decision is a policy decision, not a legal decision. Hunt added that the primary purpose for an administrative decision was to expedite the process. Leavitt asked for clarification on the use of a Board of Adjustment Variance. Hunt answered that the BOA cannot approve a use variance, as opposed to a land or structure variance. Public Comment: John Phipps/town resident, expressed concerns related to neighbor comments being ignored and that this amendment is too broad and too vague. There are hundreds of nonconforming uses in the valley, and the unintended consequences could be great as this is another swipe at our zoning. Please don’t recommend this. Rebecca Urquhart/town resident, stated that she is troubled by the chipping away of the zoning and ad-hoc amendments, public comments seem to mean nothing, transparency is a problem and she would like to see a map made public regarding nonconformity. RECORD OF PROCEEDINGS Estes Valley Planning Commission-Special Meeting April 10, 2018 Board Room, Estes Park Town Hall 4 Commission and Staff Discussion: Hunt stated that the non-conforming map determined that approximately 25% of the lot size in the Estes Valley was nonconforming. Baker noted that the unintended consequences can go both ways for both people applying and not applying. Leavitt stated that having only an administrative review instead of S2 review is troubling adding that a public hearing would be better. Hull agreed that the wording is too broad needs to be looked at on a case by case basis. Hunt informed the Commission that there is a Parliamentary device, known as Denial Without Prejudice, allowing the amendment to come back at a later date. It was moved and seconded (Baker/Hull) to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners Deny Without Prejudice the text amendment to the EVDC as presented in Exhibit Red and recommended by staff. The motion to deny passed 4-1 with Commissioner Murphree voting against. 7. REPORTS a) Hunt showed the new Development Review Sign b) Study Session on April 17 regarding the Comprehensive Plan at 10:30 a.m. was announced. There being no further business, Chair Leavitt adjourned the meeting at 12:42 p.m. _________________________________ Bob Leavitt, Chair __________________________________ Karin Swanlund, Recording Secretary The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared.