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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2020-05-19 ESTES PARKPLANNING COMMISSION To be held virtually Tuesday, May 19, 2020 1:30 p.m. Members of theEstes Park Planning Commission will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19. Quasi-judicial virtual publichearing procedures were adopted through Emergency Rule 06-20 as signed by Town Administrator Machalek on May 8, 2020. Quasi-JudicialProceedings Written Testimony Must be submitted by mail to Community Development, P.O. Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/EPPCPublicComment.Written testimony must be submitted by 12:00 p.m.on Monday, May 18, 2020. Members of the public may provide public comment by calling (970) 577-3721. All calls must be received by 12:00 p.m., Monday, May 18, 2020and will be transcribed. All comments received will be provided to the Commission and included in the final packet. Oral Testimony Toensure your ability to provide oral testimony during the meeting you must register at planning@estes.orgor call (970) 577-3721 by 5:00 p.m.Monday, May 18, 2020. Oral testimony will be provided using Google Hangouts. Once you are registered staff will send a meeting invite to participate. Further instructions on how to participate during the meeting will be outlined in the meeting invite. During the meeting an individual who did not registerto speak on an agenda itemmay contactplanning@estes.orgor call(970) 577-3721 at any time during the meetingto be added to the testimony list.Individuals who do not register prior to the meetingrisk being unable to testify due to administrative and technical difficulty during the meeting. Written presentation materialsor exhibits must be delivered to planning@estes.orgby 8:00 a.m. on Monday, May 18, 2020 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material may be accessedat www.estes.org/boardsandmeetingsunder Estes Park Planning Commissionor you may request a paper packet by emailing www.planning@estes.orgor calling (970) 577-3721. The meeting will use Google Hangouts which provides for closed captioning of the meeting. The meeting will be livestreamed and available for viewing at www.estes.org/videos. The meeting will be posted online at www.estes.org/videoswithin 48 hours of the meeting. ___________________________________________________________________________ General Public Comments Members of the public may provide public comment on any item not on the agenda by following the guidelines outlined above under Written Testimony. ___________________________________________________________________________ 1.OPEN MEETING Planning Commissioner Introductions 2.AGENDA APPROVAL 3.PUBLIC COMMENT The EPPC will accept public comments regarding items not on the agenda submitted through the Public Comment form (https://dms.estes.org/forms/EPPCPublicComment) or by telephone (name and address required)as outlined under. 4.CONSENT AGENDA Study Session Minutes: February 18, 2020 Meeting Minutes: February 18, 2020 Meeting Minutes: February 25, 2020 5.REZONE REQUEST, A-Accommodations to CO-Commercial OutlyingPlanner Bergeron 120 BigThompson Avenue, Rocky Mountain Health Club, AdEstes, owner/applicant 6.REPORTS 7.ADJOURN Town of Estes Park, Larimer County, ColoradoFebruary 18, 2020 Minutes of a Study Sessionmeeting of the PLANNING COMMISSIONof the Estes Valley, Larimer County, Colorado. Meeting held in Room 202-203 Town Hall. Commission:Chair Leavitt, Vice-Chair White, and CommissionersMurphree, Smith, Theis, Converse, Comstock Attending:Leavitt, Theis, Murphree, White, Converse, Smith, Comstock Also Attending:Town Board LiaisonMartchink,Director Hunt,Senior Planner Woeber, PlannerII Bergeron, Recording Secretary Swanlund Absent:None Chair Leavittcalled the meeting to order at 4:00 pm.There were twopeople in the audience. This study session was recordedand has been uploaded to theTown of Estes Park YouTube channel. IGA Status Update: County employees MichaelWhitley and Amy White were in attendance for discussion on the Planning Transition once the IGA expires in March. Director Hunt gave a review of what has taken place up to this point. The Town passed an ordinance providing the creationof the new Estes Park Development Code, a new Planning Commission and anew Board of Adjustment. County PlannerWhitley discussed anew Chapter 19 which will carry forward Estes Valley zoning districtsand allotted uses within those zoning districts. The review process fitsas closely as possible tothe current code, with some differences and modifications. Workforce and Attainable housing density bonuses, along with associated height increases, will not be carried over nor will automatic rounding up of density allowances.Options for representation includehaving anEstes Parkresident on the Larimer County Planning Commissionor having an Advisory Committee in Estes Park. The County will have Planning Service hours on Tuesday’s from 9:00 am to-4:00 pm at their Brodie Avenue location. Code Compliance Officer Amy White spoke on Vacation Home rentals. Applications after April 1, 2020will fall under Short Term Rentals and have slightly stricter rules and different fee structurefrom what is currently in use.The Vacation Home Cap will be split between Town and County, depending on the numbers on April 1, 2020. BOCC will have a meeting in Estes Park regarding Vacation Homes at some point in the near future. Licenses will begood for twoyears starting in January 2021. Larimer County is calling this change Planning Services Transitionas there will be no IGA moving forward. Preliminary Townhome Subdivision, The Farm on Riverside Planner Bergeron reviewed the Preliminary Townhome Subdivision on RiversideDrive, known as The Farmon Riverside. This application has been withdrawn by the applicant and will be resubmitted as a major Subdivision rather than a Minor Subdivision. The timeline of that resubmittal is expected to be withinthe next month. Preliminary Townhome Subdivision, Ferguson Lot 3A and 4A Planner Woeber discussed the Preliminary Townhome Subdivision, aka Alpaca Farms. This consists of two townhome lots, each with a duplex. A request for acontinuance to the March meeting will be made for this item. The applicant needs to submit additional materials for review. This project is located in the unincorporated portion of the County. It would be beneficial for the Town and County to figure out how the process and applications will transfer over. Elkhorn Lodge Development Plan Planner Woeber reviewed the Elkhorn Lodge project, which will be heard at a special PC meeting on Tuesday, February 25, 2020, at 11:00 am. because theapplicant did not get all of their material inon time for review. Material for this will be dispursed on Thursday, February 20, 2020. Converse expressed concerns about holding the meeting at 11:00 am. rather than an evening hourand rushing the decision. Theis wondered if one hour would be enough timeto hear a project of this size. Future of the Planning Commission Director Hunt noted that the new Planning Commissionwould consistof fiveTown residents. Applications are available through the Town Clerk. The three current town members are encouraged to reapply. Questions/Future Items Chair Leavittadjourned the study sessionat 5:20p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary RECORDOFPROCEEDINGS Estes Valley Planning Commission February 18,2020 Board Room, Estes Park Town Hall Commission:Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Steve Murphree, Frank Theis, Nick Smith, Dave Converse, Matt Comstock Attending:Chair Leavitt, Vice-Chair White, Commissioners Murphree, Theis, Converse, Smith, Comstock Also Attending:Director Randy Hunt,Senior Planner Jeff Woeber,Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liasion Patrick Martchink Absent:None OPEN MEETING Chair Leavitt called the meeting toorder at 6:00 pm.There wereapproximately 30people in attendance. APPROVAL OF AGENDA It was moved and seconded (Murphree/White)to approvethe agenda and the motion passed 7-0. PUBLIC COMMENT none CONSENT AGENDA 1.Study Session Minutes dated January 21, 2020 2.Meeting Minutes dated January 21, 2020 It was moved and seconded (Converse/Smith)to approve the consent agenda as presented and the motion passed 7-0. ACTION ITEMS 1. Preliminary Townhome Subdivision PlatThe Farm on Riverside Planner II Bergeron Planner Bergeron explainedthat staff noted that this application was deemed to be a full Subdvidionby staff, not a Minor Subdivisionfor which the application was submitted. The application has been withdrawn, with theapplicant expressingintent to reapply as a Subdivision sometime in the future. Public Comment: RayBuxton,682 Park River West,hadquestions and concerns about the floodplain in the area and the height of the buildings. Gloria Casson, 690 Bird Circle, had concerns withprotection of trees, stormwater runoffand stated anobjectionto the Right-of-Way waiver. 1 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 18,2020 Board Room, Estes Park Town Hall 2. Preliminary Townhome Subdivision Plat:Lot 3A, Seth Hanson, Applicant Senior Planner Woeber Planner Woeber reviewed the items, proposing to split aduplex into two townhomes each on a lot less than½ acre in size in A-Accommodation zoning. An Amended plat was previously approved andrecorded for these lots. The applicant needs to present adrainage study andensurethe internal access meets the fire code forturnaround. Planner Woeber requested this item be continuedto the March 17, 2020Planning Commission meeting. Public Comment: Justice Drake, President Upper Broadview/Glacierview RoadAssociation, provided a written statementfromneighbors.This document hasbeen posted to the Town website. It was moved and seconded (Theis/Smith)to continue the Preliminary Townhome Subdivision of Lot 4Ato the March 17, 2020,Planning Commission Meeting. The motion passed 7-0. 3. Preliminary Townhome Subdivision Plat:Lot 4A, Ferguson Senior Planner Woebersee Item 2 It was moved and seconded (Theis/White)to continue the Preliminary Townhome Subdivision of Lot 4A to the March 17, 2020,Planning Commission Meeting. The motion passed 7-0. 4. Preliminary Planned Unit Development:Elkhorn Lodge, 600 West Elkhorn Ave Senior Planner Woeber Planner Woeber reviewed the proposed project creating 13 separate mixed-use lots on the Elkhorn Lodge property. The Planning Commissionwill make a recommendation to the Town Board for a final decision. He requested the itembe continued to a special Planning Commission meetingto be held Tuesday, February 25, 2020at 11:00 amin the Town Hall Board Room. Public Comment: Tom Thurman, 540 W Elkhorn, expressed concerns with the magnitude of this proposal and that the proposedfloodwall protects the applicant’spropertybut not the privately-owned condos. Verd Bailey, 540 W Elkhorn,stated that the project is too big for thesizeof the property. Whinney Spahnle, 840 Old Ranger Drive, stated that this is the best project she’s seen for this property and was in favor of the project. Director Hunt stated that delays in finalizing the complex plans and reviews for this project meant that a decision had to be delayed. The special meeting was scheduled at the request of the Developer and staff so that the project could go on-schedule before the Town Board of Trustees on March 24, 2020. Numerous membersexpressed concerns with notifying neighbors about this new meeting time. It was requested that the Town of Estes PIO put out anotice regardingthis continuation. Commissioner Converse questioned why new notices couldn’t be mailed.It was noted that the Planning Commissionwill not make anyrushed decisions regarding this project. 2 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 18,2020 Board Room, Estes Park Town Hall It was moved and seconded (Leavitt/Theis)to continue the Preliminary Planned Unit Development to Tuesday, February 25, 2020 at 11:00 am. The motion passed 7-0. 5. Preliminary Subdivision Plat:Elkhorn Lodge, 600 West Elkhorn Avenue Senior Planner Woebersee item 4 It was moved and seconded (Leavitt/Theis)to continue the Preliminary Subdivision Plat to Tuesday, February 25, 2020 at 11:00 am. The motion passed 7-0. STANLEY HOTEL-TECHNICAL REVIEW COMMITTEE (TRC) DISCUSSION: Director Hunt noted that there are complexities in all of the plans relating to the Stanley Hotel. Attorney Kramer is reviewingall of the complex agreements. The consensus ofthe Town Board was to not hold a Study Session on this subject,as requested until the new board is in place. When the time comes, the TRC committee will be appointed and apublic meeting will occur. Plans to turn the Carriage House into arestaurant could be submitted beforethe FilmCenter project. The role of TRC is similar to that of the Planning Commission in that they reviewdesign, placement, architectural details, traffic management, and more.The TRC is a legal agreement withthe owner and the Town;any changes made to this arrangement would have to be agreed on by the owner. REPORTS: Pages on the website for both Town and County have been updated for the Planning Services Transition (IGA). Searching Estes Valley IGA is the quickest way to find the information. On Wednesday, February19, 2020, the Larimer County Planning Commission will hold awork session,andonWednesday, March 4, 2020aformal meeting at 6:00 pm. Additionally,the Board of County Commissioners will meet onThursday, March 26,2020at 6:00 pm in Estes Park.The Town Boardpassed anordinance to transition the Estes Valley Development Code to the Estes Park Development Code. Town Clerk is preparing to advertise for anew five-personPlanning Commission and a new three-person Board of Adjustment to be filled by town residents. Two staff vacancies in Community Development still have not beenfilled. Comprehensive Plandiscussion is ongoing, whether it be separate or jointly with the County. ADJOURN There being no further business Chair Leavitt adjourned the meeting at 7:12pm. _________________________________ Bob Leavitt, Chair _________________________________ Karin Swanlund, Recording Secretary 3 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 25, 2020 Board Room, Estes Park Town Hall Commission:Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Steve Murphree, Frank Theis, Nick Smith, Dave Converse, Matt Comstock Attending:Chair Leavitt, Commissioners Murphree, Theis,Smith, Converse, Comstock Also Attending:Director Randy Hunt,Senior Planner Jeff Woeber,Recording Secretary Karin Swanlund, Town Attorney Dan Kramer Absent:White OPEN MEETING Chair Leavitt called the meeting toorder at 11:00 a.m.There wereapproximately 35 people in attendance.This matter was initially scheduled for hearing and vote at the February18, 2020Planning Commission meeting. However, delays in finalizing the complex plans and reviews for this project meant that a decision on that date had to be delayed. The special meeting was scheduled at the request of the developer and staff, so that the project could go on schedule before the Town Board of Trustees on March 24, 2020. APPROVAL OF AGENDA It was moved and seconded (Smith/Murphree)to approve the agenda and the motion passed 6-0. PUBLIC COMMENT None ACTION ITEMS 1.ELKHORN LODGE PRELIMINARY PLANNED UNIT DEVELOPMENT (Continued by the Planning Commission from their February 18, 2020 meeting.) Planner Woeber thoroughly reviewed the staff report for the Preliminary PUD and Preliminary Subdivision Plat in connection with the redevelopment of the Elkhorn Lodge property. Thirteen (13)mixed-use lots are proposed. The Applicant's submittal provides an in-depth description of the project and the proposed uses on each lot. Staff recommendedapproval of the proposed Elkhorn Lodge Preliminary PUD andPreliminary Plat with the added condition that approval of the PUD Rezoning shall also constitute an approval of the Preliminary PUDDevelopment Plan, as attached to the staff report. Commissioners asked for a written copy of the added condition and a copyof the written comments from public works. 1 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 25, 2020 Board Room, Estes Park Town Hall David Hook, Town Engineer, explained Public Works’role in the review process and explained thatnot all approvals have been received from FEMAand other agencies and how thiswould affect the project. There are pre and post- construction conditions from FEMA. Design in accordance with FEMA regulations is needed to proceed with this project. Without it, a new plan would have to be submitted. Applicant Presentation: Justin Mabey, future owner of the property,introduced himself and his company, East Avenue Development. He presentedexamples of some of the work the company does, mostly around national park areas. He explained the desire for building up the west end of Elkhorn Avenue and the goals for redevelopment, which includes preserving four of thehistoric buildings. The Site Plan was presented and explained. It was stated that they hope to keep the look and feel of the current Lodge, which minimizes the impact on the environment as the 2018 Downtown Planrecommends.The plan calls for 36% lot coverage instead of the allowed 65%. Public Comment:(Comments summarized) Bill Keefer, 550 W Elkhorn, asked four questions: what building was38 feet tall, would they be upgrading theelectrical service tothe privately-owned condos, would it be a high endHilton or Marriott hotel chain, what is the status on the lot to the south not owned by Elkhorn Lodge. Dave Shirk, 301 Far View Drive, likes the proposal andrequests for the Planning Commission to consider: becompatible with existing uses.,perimeter landscaping inparking lots, lighting issues, horses only(no donkeys),have a manure mitigation plan,and a sidewalk for pedestrian safety on the access road. Dan Hurlihey, 321Big Horn Drive: landscaping is important due to the large amount of parking, lighting mitigation,and he ishappythe horse rides are continuing. Laura Drotar, 550 W Elkhorn: keep history alive, concernswith a possible economy hotel chainrather than a high-end one, restaurant will block her western view of the mountainsand river and addunwanted noise and garbage smell. Public questions were answeredas follows: The 38 foot building is the main Lodge The electric would be upgraded for the entire project, including the privately owned condominiums Justin is inagreementwith the high-end hotel market, perhaps something similar to Residence Inn. The property to the south has new owners. 2 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 25, 2020 Board Room, Estes Park Town Hall Minimum required lighting is planned. There will be improved pedestrianaccessdue to sidewalk requirements which will extendto Mrs.Walsh's garden. Parking lot landscaping is not possible due totheflood plain andwould require a higher wall. There can be flexibility on the shape and the placing of therestaurant, however the condo owner preferred the original plan after discussing options. Willing to have discussions and work with any neighbors having positive or negative concerns. Commissionerquestionsanswered by the Owner and Engineers (summarizedand not in chronological order) Desired 12-24 month build-out of the entire project A staff of 20-25 in the central hotel, half of that in the smaller Lodge. There are 30 extra parking spaces, which should easily cover employees. Cabins onthe south hill of the property could be employee housing, also working with other developers in town to lease rooms. The housing need will be filled but not necessarily on-site. There will likely be an on-site manager. Proposed guest beds would double the current capacity. Firetruckscan fit and turn around in the paved area of the south cabins. Any changes to this submittal would have to be reheard through the same process. Moving barn farther out had a significantpositive impact on the floodway. Notopposed to a public park in the openspace by the river If the Lodge can't be saved, they do reserve the right to tear it down There are no current plans for the "triangle"area at the east end of the lot Roof colors were discussed at the neighborhoordmeeting: Green or Tan The traffic report did not expose any problems. The Lodge and Stables are not changing elevation. The no-rise requirements will stay in place post-construction. Noise standards will be met. Third story façade requirement havebeen met. Catch basins in the parking lot will redirect water drainage to the river. Access easements to Elm Road are in place for the back 40 acres. Frank Roberts, Van Horn engineering, explained the floodplain engineering review. Lonnie Sheldon, Van Horn engineering, noted that open space requirement in A-Accommodations zone districtis zero. Impervious coverage hasdifferentrequirements. 3 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 25, 2020 Board Room, Estes Park Town Hall Joe Coop, Van Horn Engineering discussed the drainage, bridges, and alternate emergency exits on the property. Commission Discussion/Comments:. Theis: should be aware of noise thatthe Lodge amplifies, restrictions on operating hours for restaurants, and problems with maintenanceonthe south properties during the winter months.This submittal is an appropriate historic use plan and does not abuse what is allowed in a PUD. Converse: does not like being in a position of approving the PUD prior to flood control workbeing final, concerns with meeting open space criteria related to a PUD, would prefer the Public Works comments be conditions of approval. David Hook stated that Public Works is comfortable with where the development stands. Considerable discussion was had by all on conditions of approvalrelating to certificate of occupancy, floodwater exit, employee housing, additional units, landscaping,lighting and noise plans. Per Director Hunt, many of thesedetails could be present on the Final PUD plan. It was moved and seconded (Leavitt/Murphree)to forward a recommendation of APPROVAL to the Town Board for the Elkhorn Lodge Preliminary PUD according to the findings of fact recommended by staff with the following conditions: 1) Approval of the PUD Rezoning shall also constitute an approval of the Preliminary PUD and DevelopmentPlan, as attached to the staff report, with no increase in the number of accommodations and resident units without a PUD review. 2) The developer will bear the risk of constructing improvements in the floodplain prior to obtaining the post-construction LOMR. Should FEMA not approve the LOMR application as submitted, the developer will be responsible for any redesign andreconstruction to achieve the no-rise condition. No certificate of occupancy for the Event Center Barn or the Elkhorn Lodge addition will be issued until the developer obtains LOMR approval from FEMA. 3) The developer will add additionalparkinglot perimeter landscaping. 4) An employee housing plan for permanent and seasonal employees, per Chapter 9.1, itemsA and B, and the housing needs assessment of 2016. The motion passed 6-0. 2.ELKHORN LODGE PRELIMINARY SUBDIVISION PLAT (Continued by the Planning Commission from their February 18, 2020 meeting.) 4 RECORDOFPROCEEDINGS Estes Valley Planning Commission February 25, 2020 Board Room, Estes Park Town Hall It was moved and seconded (Leavitt/Smith)to forward a recommendation of APPROVAL to the Town Board for the Elkhorn Lodge Preliminary Subdivision Plat according to the findings of fact recommended by staff. The motion passed 6-0. ADJOURN There being no further business Chair Leavitt adjourned the meeting at 1:26p.m. _________________________________ Bob Leavitt, Chair _________________________________ Karin Swanlund, Recording Secretary 5 COMMUNITY DEVELOPMENT Memo To: Estes Park Planning Commission Through: Community Development Director Randy Hunt From: Alex Bergeron, Planner II Date: May 19, 2020 RE: Request to Rezone 1230 Big Thompson Avenue from A (Accommodations) zone district to CO (Commercial Outlying) zone district (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to review for compliance with the Estes Park Development Code (EPDC) and Estes Valley Comprehensive Plan a Private-Party-Initiated Code Amendment (Rezoning) from the A (Accommodations) zone district to the CO (Commercial Outlying) zone district, and provide a recommendation to the Town Board of Trustees on that request. Location: The subject property, addressed 1230 Big Thompson Avenue, is located on the south side of Big Thompson Avenue (US 34) about 280 feet east of the Grand Estates Drive and Elk Trail Court intersection. The 1.41-acre property is legally described as LOT 1, SCHROEDER SUB, ESTES PK. The attached Vicinity Map illustrates the zoning of the subject property and that of nearby properties. Present Situation: AdEstes Properties, LLC is the Owner of the subject property. The Owner purchased the property in 2016 while it was being primarily used as a health club, a use which has persisted since 1996 when the property was zoned CO (Commercial Outlying) through today, albeit a lesser use of the site at this time. In 2019, Government Offices (in the form of Visit Estes Park) opened on this site to supplement the several Personal Services uses on the site and a diminished health club; a loss caused by the 2018 opening of the Estes Valley Recreation Center, which essentially outcompeted the business with lower, taxpayer subsidized pricing. The property has been burdened by its 2000, Town-initiated rezoning to A (Accommodations) from CO (Commercial Outlying). Upon that rezoning, the property fell into legal nonconforming status due to the fact that a identified in the definition of an Indoor Commercial Recreation Establishment in §13.2.C.12.A of the EPDC; a use not permitted in the A (Accommodations) zone district), though, curiously, Private-membership Recreational Facilities or Clubs are a permitted use. In looking for ways to improve the use of the property within the limits of its legal non-conforming status more recently in light of financial hardship, the Owner has been stymied by other technical use restrictions of the A (Accommodations) zone district in the sense that they cannot expand the current, majority office use of the property in a free-market capacity, as private offices are not permitted, but Government Offices are, despite the uses being functionally the same, one could argue. Proposal: Return the subject property to CO (Commercial Outlying) zoning, a designation for which the site has been designed and has functioned as for at least six decades, to relieve the site of the burdens caused by Code technicalities and allow current and future property ownership to expand the existing functional uses of the site within the permissions of the law, including privately-operated office space. Review Criteria: All applications for Private-Party-Initiated Code Amendments (Rezonings) shall be reviewed by the Estes Park Planning Commission and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the EPDC. shall demonstrate compliance with the applicable standards and criteria as follows: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Finding: Affirmative. Staff finds that the opening of the Estes Valley Community Center, while duly approved by appropriate decision-makers (including the voting public in connection with the 1A Sales Tax), has very likely directly contributed to the declining economic vitality of this site. Returning the zoning to CO (Commercial Outlying), for which the site is and has always been operated in a modern context, promotes expanded productivity of the site without substantially altering its function. 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with the existing growth and development patterns in the Estes Valley. Staff Finding: Not applicable. The development plan for this application has been waived as there are no substantial changes in use or intensity of use to the site being proposed with this application. Staff has routinely waived this requirement in recent years, per authority of EPDC §3.3.B.1. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Staff Finding: Affirmative. Staff finds that service providers have the ability to provide adequate services and facilities to this location, as comments received from affected agencies indicate no concern with the proposal. Reviewing Agency Comments: This application has been submitted to reviewing agency staff for consideration and comment. All comments received were supportive of the rezoning request. Public Notice: Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. A legal notice was published in Estes Park Trail-Gazette and the Advantages: Rezoning the subject property from A (Accommodations) to CO (Commercial Outlying) allows additional flexibility on the site, which is functionally designed for use typical of the CO (Commercial Outlying) zone district today as it has been for at least the past six decades. Disadvantages: Rezoning one parcel in an otherwise contiguous zone district to benefit property owners could in theory be viewed by some as being inconsistent with the intent of the Estes Park Comprehensive Plan. Finance/Resource Impact: N/A. Level of Public Interest: Low: The Community Development Department received one written public comment regarding project notification process and one written public comment expressing support for the request. Staff also received half a dozen phone calls which were inquisitive in nature, with no opposition expressed in any and a favorable sentiment expressed in one. Sample Motions: I move the Estes Park Planning Commission RECOMMEND APPROVAL of the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying), in accordance with the findings as presented. I move the Estes Park Planning Commission recommend denial of the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying), finding that \[state findings for denial\]. I move that the Estes Park Planning Commission continue the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying) to the next regularly scheduled meeting \[state reasons for continuing\]. Attachments: 1. Vicinity Map 2.Applicationform 3. Letter of Intent 4. Referral list and affected agency comments 5. Waiver information 6. Neighborhood Meeting information and public comments 7. Electronic Public Hearing Request Indemnification and Waiver 8. 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