HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2020-10-20
Prepared October 13, 2020
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PLANNING COMMISSION–TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, October 20, 2020
1:30 p.m.
Estes Park, CO 80517
The Estes Park Board Planning Commissionwill participate in the meeting remotely due to the
Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020,related to
COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020.Procedures for
quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town
Administrator Machalek on May 8, 2020,and outlined below.
Please click the link below to join the webinar: https://zoom.us/j/93771272278
Or Join by Telephone:
1.Dial US: +1 346 248 7799
2.Enter Webinar ID: 937 7127 2278followed by #
The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and
posted to YouTubeand www.estes.org/videoswithin 48 hours.
Public Comment
When the moderator opens up thepublic comment period for an agenda item, attendees
wishing to speak shall:
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computer audio for the duration of your remarks.
Once you are announced,pleasestate your name and address for the record.
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Prepared 10/13/20
AGENDA
PLANNING COMMISSION – TOWN OF ESTES PARK
Tuesday, October 20, 2020
1:30 p.m.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
CONSENT AGENDA:
1. Planning CommissionMinutes dated September 15, 2020
ACTION ITEMS:
1. AMENDED PLAT, 258/260 Stanley Avenue Senior Planner Woeber
Proposal to move the property line division between Lot 1 and Lot 2.
2. MINOR SUBDIVISION, Lot 1, North Lake Subdivision Planner II Bergeron
The Property is proposed to be divided into two separate lots via the Minor Subdivision process.
3. DEVELOPMENT PLAN, TBD Mountain View Ct Planner II Bergeron
Proposal to construct a 14,800 square-foot, 12-unit self-storage facility intended to house
recreational vehicles during the winter months.
REPORTS AND DISCUSSION ITEMS:
Amended Plat/Boundary Line Adjustment Process
Downtown Building Height
ADJOURN
NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
Town of Estes Park, Larimer County, Colorado,September 15, 2020
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held VIRTUALLYin said Town of Estes Park on the 15day of
September2020.
Committee:ChairMatt Comstock, Vice ChairMatthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Steve Murphree.
Attending:ChairComstock,Vice ChairHeiser, Commissioners Elkins,
Hanson, Murphree, Director Randy Hunt, Senior Planner Jeff
Woeber, Planner II Alex Bergeron, Recording Secretary Karin
Swanlund, Town Board Liaison Barbara MacAlpine
Absent:None
Chair Comstockcalled the meeting to order at 1:30 p.m.
AGENDA APPROVAL
It was moved and seconded (Murphree/Hanson)to approve the agenda and the
motion passed 5-0.
PUBLIC COMMENT.
None
CONSENT AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the consent agenda and
the motion passed 5-0.
AMENDED PLAT: 1700 BIG THOMPSON AVENUE, ESTES PARK RESORT
Planner Woeber reviewed the staff report noting that the developmentis currently under
construction. During the construction process, the owner/applicant determinedthat an additional
garage unit was possible, totaling three garages instead of two for thisparticularlot. This
addition requires a minor revision to the recorded plat. A Minor Modification to the approved
Development Plan is also needed, and it is concurrently being processed by staff per EPDC
Section 3.7.A. That change will not be approved unless/until the plat amendmentis approved.
There is also some minor realignment of utility easements, which have been reviewed and
approved by the respective utility providers. No other changes are proposed. Staff
recommendeda change in the plats title to the Second Amended Plat to avoid confusion.
DISCUSSION:
Vice-Chair Heiser asked about the potential easement infringement on lots 6, 15, 22 and
32. Lot 14 has a small overlap and Lot 27 has a considerable overlap into the easement.
Jes Reetz, CornerstoneEngineering, noted that the easements wouldnot be under any
structures and within the protected area between the property line and building. Lot 27
will be reconfigured and revised. Per the Condominium Declarations, the developer can
make changes to the planswithout the properties' owners' signatures. It was noted that
the meaning of "area of no disturbance"is acarryoverfrom the original Planto protect
wetlandsin the area. Director Hunt noted that in the future, non-jurisdictional wetlands
do notneed to be on the plat, but in this Plan,it setsaside areas with scenic value. Reetz
agreed that the re-addition of themetes and bounds to the drawingwould be usefulfor
the future. In answer to Chair Comstock's question, the only variance applied for and
approved for this project was for a wetlandarea setbackreductionfrom 50 feet to 25 feet.
It was noted that twoplots hadbeen removed since the initial development was approved,
reducing both the density and impervious coverage.
Hanson questioned where the previous and current changeshadtaken placeas they
aren't delineated on the submitted site plan. Reetz answered that Lots 11 and 25 were
removed. Director Hunt stated that staff wouldprovidethe current recorded plat in the
staff report on future projects to clarify changes being made. Heiser noted that he did ask
Estes Park Planning Commission–SEPTEMBER 15, 2020–Page 2
for and receivedthe original plat from Planner Woeber and that it helped him reviewthe
current plat.
It was moved and seconded (Heiser/Elkins)to recommend theEstes Park Board of
Trustees approve the Second Amended Plat to add a garage and reconfigure
utility easements to the Estes Park Resort Townhome Subdivision, as described
in the staff report, with the findings as recommended by staff, including the
following conditionsof approval:
1.This plat shall be retitled the "Second Amended Plat of Estes Park Resort"
and a retitled exhibit provided prior to scheduling for Town Board hearing
and consideration.
2.Easement be revised to not overlap with the structure of lot 27 and re-add the
area's linear descriptiontonotbe disturbedon the property's southwest corner.
The motion passed 5-0.
CODE AMENDMENT: AMENDED PLAT REVIEW PROCESS
Currently,the EPDC defines an Amended Plat, Boundary Adjustment, or a Land
Consolidation Plat as a Minor Subdivision, requiring Planning Commission review and
Town Board approval. As typically there is little or no impact from these "Minor
Adjustment"processes;they can be appropriately reviewed and processed by staff.
The amendment would also allow a more realistic time frame for receipt and recordation
of Final Subdivision Plats, from 60 days to 180 days. Changes to the EPDC are
summarized as:
1). Amend Chapter 3, Review Procedures and Standards, Section 3.9 Subdivisions, to
differentiate a "Minor Subdivision"from a "Minor Adjustment."A "Minor Adjustment"would
be an "Amended Plat," "Boundary Adjustment,"or a "Land Consolidation Plat."There are
existing definitions in the EPDC of "Boundary Adjustment"and "Land Consolidation Plat."
Staff has added a definition of "Amended Plat"as this is not currently defined in the EPDC.
Minor Subdivisions will continue to be limited to subdivisions involving not more than four
lots, with each fronting onto an existing street and not requiring extension of public facilities.
These Minor Subdivisions are currently defined as "Frontage Lots."The amendment would
redesignate such subdivisions as "Minor Subdivisions,"in accord with best planning practice.
Minor Subdivision would require Planning Commission review and Board approval as they
do now.A Minor Adjustment would be a staff-level review.
2). Amend Chapter 3, Review Procedures and Standards, Section 3.2 Standard
Development
Review Procedure, G. Summary Table—Standard Development Review Process by
Application Type, by adding a "Minor Adjustment"category which specifies a required staff
review.
3). Amend Chapter 10, Subdivisions, Section 10.2 Applicability/Scope, to differentiate a
Minor
Subdivision from a Minor Adjustment, consistent with what is proposed for Section 3.9 (see
No. 1., above).
4). Amend Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms, and Phrases,
byamending the existing definition of Minor Subdivision, to be consistent with the rest of this
proposed code amendment (see No. 1., above).
5). Amend Chapter 3, Review Procedures and Standards, Section 3.9.F.1. Effect of Approval
ofa Minor Subdivision, and Section 3.9.F.3. Effect of Approval of a Final Subdivision Plat, by
increasing the time period to submit a plat for recording, after approval, from the current sixty
(60) days, to one hundred and eighty (180) days.
DISCUSSION:
In answer to Chair Comstock'squestion as to why such an amendment is necessary,
Director Hunt explained that this saves time and money forthe Town and applicants with
straight forward processingon simple requests. Applications for theserequestswill
continue to be posted on the website for transparency and referred for commentto all
affected agencies.
Town Trustee McAlpine asked the Commission how they feel about changes to the Code
now, rather than waiting until the Comprehensive Plan is rewritten. Heiser stated that the
process of adopting a new comp plan would take an extended amount of time, and a
change of procedure like this is an administrative fix, adding that we need to allow Code
Estes Park Planning Commission–SEPTEMBER 15, 2020–Page 3
changesto occurin the interim. Murphree stated that caution should be exercisedeven
though the current comp plan needs to be redone "head to foot." Hanson said that
piecemeal changes mightbe dangerousand caution should be taken. The change being
proposed eliminates public commentand questioned whether it is good to cut the public
outto set policy for the future.
Heiser noted that the issues would likely not be of significant interest to anyone other than
the property owner but questionedthe appeal processfor a staff-level review. Hunt read
Chapter 12.1.cof the EPDC,which statesthat appeals of decisions made by staff would
be taken to the Board of Adjustment, not the Planning Commission. Heiserpointed out
that it would seem more logical that it go to the Planning Commissionfor review. Hanson
expressed discomfort with giving up decision-makingauthorityon something that is
currently within the Planning Commission jurisdiction. Hunt made it clear that staffwill
not pick and choose between projectsthat are controversial vs.noncontroversial.
Controversyis not a valid reason fordetermining staff-level review or a Commission-level
hearingas being the most appropriate. Comstock asked how a member of the public
would know how to appeal to a staff-level decision if there wereno outbound
communications. Hunt responded that there is nothing in the Code requiring notification
ofadjacent property owners, but is certainly a possibility for the future. Woeber stated
that he does not remember an adjacent property owner coming forward with "unforeseen
consequences" in his time as a plannerprocessing similar applications. This would
simplify and streamline things for the applicant, staff, Planning Commission and Town
Board and free up resources.
Heiser noted that this amendment has usefulness, but has concerns about the process.
There is noaddition to Chapter 2adding minor adjustments,and chapter 12.1 could be
amended. Staff level Development Plans are appealed to the Planning Commission, so
theseshould also be added to that same process. Hanson suggested putting up ayard
sign so neighbors would know something is happening, or notify them with a mailing, as
is currently required in Appendix B.
Clarifying the definition of an Amended Plat, and clearly delineating which types of
Amended Plats this amendment would include is something staff will do beforethe next
hearing. Due to the changes being discussed, Director Hunt suggested continuingthis
item to the November meeting for reasons of time and transparency.
It was moved and seconded (Heiser/Hanson)to CONTINUE the text amendment to
the Estes Park Development Code to the November 17meeting, with details for
review as a discussion item at the October 20 meeting. The motion passed 5-0.
REPORTS:
The topic of a Code amendment to building height was discussed withthe Town's
Public Information Officer, but there has not been time for a public announcement due
to the Cameron Peak fire. It is on the radar and ready for submittalwith both
newspapers and social media.
Parking regulations areunder a reciprocal review with Public Works and the
Transportation Manager.
Comprehensive Plan is being recommended for the 2021 budget, which will soon be
decided by the Town Board. The DOLA grant application deadline is October 1.
Trustee McAlpine noted that there is a lot of support from the Town Board.
October discussionon the Planning Commission's rolewill address when a Code
amendment is needed; a 2017 memo on the matter identified those that are
straightforward and don't involve policychanges.
Estes Park Planning Commission–SEPTEMBER 15, 2020–Page 4
The Estes Valley Land Trust gave a presentation to the Town Board regarding the
Estes Valley Parks and Rec plan which was developed with a State grant. There is no
knownplan to bring that to the Planning Commission. Trustee MacAlpine noted that
Land Trust Director Jeffrey Boring gave a presentation at a Town Board Study Session.
Director Hunt will providea copy of the report once it is final and perhaps have Mr.
Boring present his ideas to the Commission.
Carriage House at the Stanley Hotel was heard by the Technical Review Committee in
August, with additional attention to walkways and traffic impacts. The final review will
likely take place in October.
The Planning Technician position is in the interview stage, with a hopeful start date at
the end of October.
The Alarado traffic signal design has been approved by CDOT and the applicant and is
on order. Installationis TBD. A temporary certificate of occupancyis stillbeing
discussed, provided traffic flow can handle it prior to the signal beinginstalled.
There being no further business, ChairComstockadjourned the meeting at 3:45p.m.
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
Amended Plat
Mountain Wood Townhomes Subdivision
Estes Park Community Development Department, Planning Division
Room 210, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
E STES P ARK P LANNING C OMMISSION
MEETING DATE & LOCATION:
October 20, 2020, 1:30 p.m., virtual (online) meeting, no physical location.
Note: The public hearing will be conducted electronically. Advance registration for testifying at the
public hearing is preferred to ensure an orderly hearing. Information for participation in the public
hearing will be provided in the published agenda, which will be available at
https://estespark.colorado.gov/boardsandmeetings.
APPLICANT REQUEST:
This application proposes approval of an Amended Plat for a rearrangement of an internal lot line within
a platted “Townhome Subdivision.”
STAFF OBJECTIVE:
1. Review for compliance with the Estes Park Development Code (EPDC); and
2. Provide a recommendation to the Town Board of Trustees.
LOCATION:
Located directly west of the intersection of Stanley Avenue and Dunraven Street, addressed as 260
Stanley Avenue (Lot 1) and 258 Stanley Avenue Unit C (Lot 2) in the Town of Estes Park.
OWNER/APPLICANTS:
Gurung Yogyesh, Tian Yingying (Lot 1 Owners)
Poudyal Paras, Shrestha Sabir (Lot 2 Owners)
CONSULTANT/ENGINEER:
Van Horn Engineering and Surveying, Inc.
STAFF CONTACT:
Jeffrey Woeber, AICP, Senior Planner
DESCRIPTION:
The Mountain Wood Townhome Subdivision (originally called Stanley Avenue Townhomes Subdivision)
was reviewed and approved by the Town Board in February 2018, and then recorded in the records of
the Larimer County Clerk and Recorder at Reception No. 20180040665, on July 5, 2018. The project
consists of the following, from the January 2016 staff report:
“The proposal entails building two buildings (8 units in two 4-plexes). One of the buildings will
incorporate the existing home into the design. The plan calls for removing the existing detached
garage and installing a 9-space parking area. The project also entails utilizing a 2,772 s.f. parcel
of undeveloped land to the north for on-site detention. The subdivision plat proposes combining
the two areas into one legal parcel with 8 individual townhome lots being created interior to the
parcel. 4 units will be market rate while 4 units will be used as workforce housing as defined in
the EVDC.”
When the project was developed, a below grade patio for use by the unit on Lot 2 ended up being
located partially on Lot 1. This was initially approved through a Minor Modification of the Development
Plan. The current owners propose a slight rearrangement of the common lot line to contain the patio
entirely on Lot 2. This involves a change of 140 square feet being added to Lot 2.
REVIEW CRITERIA:
Per the EPDC, Section 3.9 Subdivisions, Subsection 3.9.1.b., a “Boundary Adjustment” involving lots in
a platted subdivision is to be titled “Amended Plat.” An Amended Plat is considered, under Section 3.9,
a type of “Minor Subdivision.” Minor Subdivision requires a recommendation by the EPPC and action
by the governing body, in this case the Town Board.
SITE DATA TABLE:
Surveyor: Van Horn Engineering and Surveying, Inc.
Parcel Numbers: 253023001 and
253023002
Zoning:RM (Multi-Family Residential)
Adjacent Zoning:
East: CH (Heavy Commercial) North: E (Estate)
West: E (Estate) South: E (Estate)
Adjacent Land Uses:
East: Storage, Commercial North: Residential
West: Residential South: Residential
Services:
Water, Electric: Town of Estes ParkSewer: Estes Park Sanitation District (EPSD)
REVIEWING AGENCY COMMENTS:
This request has been submitted to reviewing agency staff for consideration and comment. No
concerns were expressed by reviewing agencies.
PUBLIC COMMENTS:
Notice was published, and sent to adjacent property owners in accordance with the notice requirements
in the EPDC Section 3.15 General Notice Provisions.
At this writing, no written comments have been received for this application. Written comments will be
posted to www.estes.org/currentapplications .
STAFF REVIEW, FINDINGS:
1. This proposal complies with applicable sections of the EPDC.
2. There are no adverse impacts caused by this slight adjustment of an internal lot line.
3. This request has been submitted to all applicable reviewing agency staff for consideration and
comment. No issues or concerns were expressed by reviewing staff relative to code
compliance or the provision of public services.
E STES P ARK P LANNING C OMMISSION, O CTOBER 20, 2020 P AGE 2 OF 3
M OUNTAIN W OOD T OWNHOME S UBDIVISION A MENDED P LAT
4.Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall
submit the plat for recording. If the plat is not submitted for recording within this sixty-day time
period, the approval shall automatically lapse and be null and void.
5. This is a Planning Commission recommendation to the Town Board.
RECOMMENDATION:
Staff recommends the Estes Park Planning Commission forward a recommendation of approval of the
Amended Plat to the Town of Estes Park Board of Trustees, with staff findings.
SAMPLE MOTION:
I move to recommend the Estes Park Board of Trustees approve the Mountain Wood Townhomes
Subdivision Amended Plat, to rearrange an internal lot line as described in the staff report, with findings
as recommended by staff.
Attachments:
1. Vicinity Map
2. Statement of Intent
3. Application
4. Existing Approved Townhome Subdivision Plat
5. Proposed Amended Plat
E STES P ARK P LANNING C OMMISSION, O CTOBER 20, 2020 P AGE 3 OF 3
M OUNTAIN W OOD T OWNHOME S UBDIVISION A MENDED P LAT
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COMMUNITY DEVELOPMENT
Memo
To: Chair Matt Comstock
Estes Park Planning Commission (EPPC)
Through: Community Development Director Randy Hunt
From: Alex Bergeron, Planner II
Date: October 20, 2020
RE: Minor Subdivision of Lot 1, North Lake Subdivision
Objective:
Conduct a public hearing to consider and provide and make a recommendation on the
preliminary plat proposed for a minor subdivision of land.
Location:
1730 Raven Avenue, legally described as: LOT 1, NORTH LAKE SUBDIVISION; Parcel ID
Numbers 2520315001 and 2520318000 (hereinafter “the Property”)
Present Situation:
The Property defined above (see also Attachment 1: Vicinity Map), zoned RM
(Residential, Multi-family) features an existing 18-unit condominium development and a
vacant eastern portion. The Property isproposed to be divided into two separate lots via
the Minor Subdivision process.
Regarding the Property’s two parcel identification numbers, and of historical and
contextual importance, the Larimer County Assessor showson their mapping products
the Property divided into two lots – a vacant eastern part (shown as Parcel
2520315001) and a built western part (featuring those 18 individual condominium
airspace divisions; Parcel 2520318000). Two separate deeds apparently were created
and recorded between 30 and 40 year ago to split the property; however, it is at best
ambiguous as to whether this action complied with local land use regulations at that
time. The actual existence of a lot line between these Parcels has been disputed
between the Town and the owner/applicant team, a disagreement which was addressed
during a prerequisite variance on density for the Property, which was granted by the
Estes Park Board of Adjustment on August 4, 2020. This application seeks to formally
resolve any ambiguity about the property’s subdivision status by platting it through the
Town’s subdivision process.
Proposal:
This Minor Subdivision would resolve the ambiguity as noted above by creating and
recording a plat for two lots: (a) a western lot containing all of Northlake Condominiums
and their common area including parking; and (b) a vacant lot consisting of the
remainder of the original parent tract. The proposed plat would correspond to the
1980s-era deed division, except that the Northlake lot would include somewhat more
area east of current development so that additional parking can be built there someday.
Should the Minor Subdivision of Lot 1, North Lake Subdivisionbe approved, the
applicant proposes to further divide the newly created eastern lot (Lot 2A) into five or six
single-family building lots, via a Subdivision process, and then have Habitat for
Humanity build houses, one on each lot, over a period of time.
P
lanning Commission is tasked with reviewing and recommending action to Town
Board on the Preliminary Plat for a Minor Subdivision. The Town Board will
subsequently review the Preliminary Plat and the Final Plat. Planning Commission is a
recommending body only with regard to subdivisions.
Review Criteria:
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.Buildings and Lots. EPDC §3.9 describes the review procedures and standards
for subdivisions of land, and explains the distinction between Subdivisions and
less intricate Minor Subdivisions. This application is subject to a Minor
Subdivision process; specifically that of a Frontage Lot Minor Subdivision, which
§3.9.D.1(a) defines as “Division of one (1) or more lots, tracts or parcels of land
into a total of not more than four (4) lots shall also be a minor subdivision,
provided that each resulting lot fronts onto an existing street, and that the
subdivision entails no extension of public facilities. No more than a total of four
(4)lots shall be created out of a lot, tract or parcel or set of contiguous parcels in
the same ownership using the minor subdivision procedure.” This application
satisfied thatdefinition.
2.Utilities.No extension of utilities is necessary for this Minor Subdivision as the
Propertyis currently served by all major utilities. The utility providers were
included in the routing of this application to affected agencies.
3.Parking. Placement of the western property line of proposed Lor 2A east of what
the applicant understands to be the current lot line will allow for additional parking
for the North Lake Condos, bringing into better compliance with current parking
standards. 19 new parking spaces are proposed for what would become Lot 1A.
4.Comprehensive Plan. Staff finds that the proposal is generally harmonious with
the goals and objectives of the Comprehensive Plan; specifically in relation to
these Community Wide Policies:
5.2. Encourage housing for permanent residents of all sectors of the community
that is integrated into and dispersed throughout existing neighborhoods.
5.6. Encourage housing infill within the existing urban area.
5.7. Identify affordable housing opportunities on an ongoing basis
5.Hazard areas. The Property is not within any mapped hazard areasand is not
within a floodplain or wetland.
Reviewing Agency Comments:
This request has been routed to relevant reviewing agency staff for review and
comment. Comments received support approval of this development plan.
Public Notice:
A legal notice was published in Estes Park Trail-Gazetteon October 2, 2020. Letters to
adjoining or nearby property owners were mailed at the same time. To date, staff has
received no comments on the proposed subdivision.
All comments received in writingwill be posted on our website:
https://estespark.colorado.gov/currentapplications
Advantages:
Approval of the proposed Minor Subdivision of Lot 1, North Lake Subdivision would
clean up a lot legality dispute as well as promote a greater amount of affordable housing
in Estes Park, something which is widely understood to be of need. A secondary but
helpful aspect is allowing room to relieve a parking deficit at the Northlake Condo
complex.
Disadvantages:
None identified.
Action Recommended:
Staff recommends Approval of the Minor Subdivision.
Finance/Resource Impact:
Little or none.
Level of Public Interest:
Medium. One telephoned inquiry has been received for this application as of the time of
this writing, though multiple contacts were made regarding the pre-requisite density
variance (both for and against).
Sample Motions:
I move to recommend that the Town Board APPROVE the Minor Subdivision of Lot 1,
North Lake Subdivision Preliminary Plat, in accordance with the findings as presented.
I move to deny the Minor Subdivision of Lot 1, North Lake Subdivision Preliminary Plat,
finding that \[state findings for approval\].
I move to continue the Minor Subdivision of Lot 1, North Lake Subdivision Preliminary
Plat to the next regularly scheduled meeting \[state reasons for continuing\].
Attachments:
1.Vicinity Map
2.Statement of Intent
3.Application Form
4.Preliminary Minor Subdivision
5.Indemnification and Waiver
Map
Vicinity
1:
Attachment
SITE
Attachment2:StatementofIntent
Attachment3_ApplicationForm
Subdivision
Minor
Preliminary
4:
Attachment
Attachment5:IndemnificationandWaiver
COMMUNITY DEVELOPMENT
Memo
To: Chair Matt Comstock
Estes Park Planning Commission (EPPC)
Through: Community Development Director Randy Hunt
From: Alex Bergeron, Planner II
Date: October 20, 2020
RE: MAX Storage Development Plan
Objective:
Conduct a public hearing to consider and make a decision on a development plan for a
proposed self-storage facility.
Location:
TBD Mountain View Court (currently addressed 1220 Acacia Drive), legally described
as: LOT 3A, AMD LOTS 3 & 4, MOUNTAIN TECHNOLOGICAL CENTER SUB, EP
Present Situation:
The Property defined above (see also Attachment 1: Vicinity Map) is a vacant property
located in the CH (Commercial-Heavy) zone district which is currently used to store
construction materials. The Owner, DJMC, LLC, has submitted a proposed
development plan for the lot, which is the subject of this public hearing.
Proposal:
The Owner proposes to construct a 14,800 square-foot, 12-unit self-storage facility (see
Attachment 2: Development Plan) which is intended to house recreational vehicles
during the winter months(see also Attachment 3: Statement of Intent).
Review Criteria:
The EPPC is the decision-making body for this application because review authority for
development plans which feature construction of structures in excess of 10,000 square
feet gross floor area lay with the EPPC per Table 3-3 of the Estes Park Development
Code (EPDC).
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.Buildings and Lots. The subject lot is 1.01 acres, or 44,213 square feet, in size.
Of that, the proposed building improvements are expected to cover 14,800
square feet and parking/drives are anticipated to cover 10,700 square feet.
Together, that impervious surface represents 69.2% of the lot area. The
maximum lot coverage in the CH (Commercial-Heavy) zone district is 80%.
2. Landscaping.A landscaping plan was submitted as part of the development plan.
The total number of required trees and shrubs, per EPDC §7.5, are identified on
that plan. Also listed is the seed mix composition for non-tree/shrub landscaping.
3. Water. The Town of Estes Park is the water service provider for this site. During
the application review, questions on fire suppression and possible interior
plumbing were addressed. The Water Division supports this development plan.
4. Fire Protection. The Estes Valley Fire Protection District (EVFPD) is the provider
of fire-related emergency response services to this site. Advisory comments were
provided to the applicant, and the EVFPD supports this development plan.
5. Electric.The Town of Estes Park is the electricalservice provider for this site.
They did not provide comments for or raise any concerns on the application.
6. Sanitary Sewer. The Upper Thompson Sanitation District (UTSD) is the sanitary
sewer service provider for this site. Comments and concerns expressed by the
UTSD relate to the uncertainty of future fixture counts, if any. It was concluded
that floor plans at the building permit stage are sufficient to resolve concerns
related to fixture counts and associated fees.
7. Stormwater Drainage. The Estes Park Public Works Department provided
comments on drainage, and a revised drainage report was submitted to the
Town. Following additional review, Public Works accepted the revised
preliminary report and determined that a final drainage report would be
appropriate for inclusion in the building permit application materials.
8. Access. Public Works provided comment on and is satisfied with site access.
9.Sidewalk/Trail.Public Works granted a waiver on sidewalk width from eight feet
down to five feet on Acacia Drive given the existing conditions in that area. Public
Works made it clear in their comments that despite this waiver, and issuance of a
waiver for curb and gutter and sidewalk on Mountain View Court, the applicant is
not relieved of their responsibility for curb and gutter construction on Acacia Drive
in addition to the required sidewalk. They stated that cash payment in lieu of
construction is generally not acceptable.
10. Parking.Planning provided comment requiring that two parking spaces, one
which is compliant with the Americans with Disabilities Act, be added to the
development plan and installed on the site. The development plan as presented
demonstrates compliance with this request.
11. Outdoor Lighting.All exterior lighting must be shielded, downcast, and otherwise
compliant withEPDC §7.9. Specific exterior lighting fixturesare reviewed during
the building permit review stage.
12.Comprehensive Plan. Staff finds that the proposal is generally harmonious with
the goals and objectives of the Comprehensive Plan; specifically in relation to the
appropriateness of this development for the zone district in which it is located.
Reviewing Agency Comments:
In addition to the agencies identified in the section above this request has been routed
to other relevant reviewing agency staff for review and comment. Comments received
support approval of this development plan.
Public Notice:
A legal notice was published in Estes Park Trail-Gazetteon October 2, 2020. Letters to
adjoining or nearby property owners were mailed at the same time. To date, staff has
received no comments on the development plan.
All comments received in writing will be posted on our website:
https://estespark.colorado.gov/currentapplications
Advantages:
Approval of the development plan authorizes construction permit issuance for a
development which is consistent with the intent of the zone district in which it is located
and, in the judgment of this Planner, helps beautify the property and immediate vicinity
with its associated landscaping and removal of what can be considered by some the
unsightliness of the current construction material storage on the site.
Disadvantages:
None identified.
Action Recommended:
Staff recommends Approval of the development plan.
Finance/Resource Impact:
Little or none.
Level of Public Interest:
Low. As of the time of this writing, one publicinquiry was received which sought more
information on the development plan and no additional follow-up was received.
Sample Motions:
I move to APPROVE the MAX Storage development plan in accordance with the
findings as presented.
I move to deny the MAX Storage development plan, finding that \[state findings for
approval\].
I move to continue the MAX Storage development plan to the next regularly scheduled
meeting \[state reasons for continuing\].
Attachments:
1. Vicinity Map
2. Development Plan
3. Statement of Intent
4. Application Form
5. Indemnification and Waiver
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SHRUBS
1692 BIG THOMPSON AVE.SUITE 200ESTES PARK, CO 80517PH: (970) 586-2458FAX: (970) 586-2459
2121
TREES POUNDS
PLS/ACRE
737220.11.510.50.127.20
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4 IN. HIGH EARTH SAUCER
GALVANIZED WIRE OR CABLETWIST WIRE TO TIGHTEN.REMOVE ALL TWINE , ROPE ANDBURLAP FROM TOP HALF OF ROOT BALL
CAN SURVIVE WILDLIFE DAMAGE.
NOTE:PROTECT TREE WITH 5' TALL WIREFENCING 1'-6" ABOVE GROUND.FENCE TO REMAIN UNTIL PLANT
EACH TREE MUST BE PLANTED SUCH THAT THE TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. TREES WHERE THE TRUNK FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE TOP OF THE
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TBD MOUNTAIN VIEW CT.
REQUIRED LANDSCAPING
STREET BUFFER NOT REQUIRED FOR CH-COMMERCIALCH-COMMERCIAL HEAVY ZONED PROPERTYTOTAL REQUIRED:
ESTES VALLEY DEVELOPMENT CODE REQUIRES ONE TREE AND THREE SHRUBS TO BE PLNATEDPER 1000 SF OF LOT COVERAGE EXCLUDING PARKINGLOTS. (20,800 SF COVERAGE)ESTES VALLEY DEVELOPMENT CODE HEAVY
ZONED PROPERTYESTES VALLEY DEVELOPMENT CODE PARKING LANDSCAPING NOT REQUIRED FOR Slender wheatgrassSheep fescueWestern wheatgrassIdaho fescueSandberg bluegrassBlue gramaBlack-eyed
susanRocky Mtn. penstemonGaillardiaBlue flaxFlanders poppy
CUSTOM CONTRACTING, INC.
MULCH RING
8 IN.
5 FT. DIAM. MIN.
CLIENT:
PROJECT TITLE:
SHEET TITLE:
3
SHEET
NOTE: THIS DETAIL ASSUMES THAT THE PLANTING SPACE IS LARGER THAN 8 FT.SQUARE, OPEN TO THE SKY, AND NOT COVERED BY ANY PAVING OR GRATING.THIS DETAIL IS TYPICAL IN INTENT ONLY. CONTRACTOR
SHALL ADJUST HISWORK TO ACCOMMODATE ALL CONDITIONS.
TREE PLANTING DETAIL - B&B TREES IN ALL SOIL TYPES
BY:JLRJLR
DECIDUOUS TREES: WRAP TRUNK W/4"TREE WRAP FROM BOTTOM UP TO FIRSTBRANCH & SECURE. STAKE & GUY USING 2JLR
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MARK THE NORTH SIDE OF THE TREEIN THE NURSERY, AND ROTATE TREETO FACE NORTH AT THE SITE WHEN EVERPOSSIBLE.
DO NOT HEAVILY PRUNE THE TREE AT PLANTING.PRUNE ONLY CROSSOVER LIMBS, CO-DOMINANTLEADERS, AND BROKEN OR DEAD BRANCHES.SOME INTERIOR TWIGS AND LATERAL BRANCHESMAY BE PRUNED; HOWEVER,
DO NOT REMOVETHE TERMINAL BUDS OF BRANCHES THATEXTEND TO THE EDGE OF THE CROWN.
3 IN. MULCH. DO NO PLACEMULCH IN CONTACT WITH TREE TRUNK.MAINTAIN THE MULCH WEED-FREE FORA MINIMUM OF THREE YEARS AFTERPLANTING.
954.002
SET TOP OF ROOT BALL FLUSH TOGRADE OR 1-2 IN.HIGHER IN SLOWLY DRAINING SOILS.EXCAVATE TREE PIT TO 2X BALL DIAMETER.
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JULY 2020
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MOUNTAIN
REVISION:AGENCY COMMENTS 08/03/2020REVISE PROPERTY ADDRESS
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ZONED CH-COMMERCIAL
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ZONED CH-COMMERCIAL
ALL DISTURBED AREAS SHALL BE RESTORED AS NATURAL-APPEARING LAND FORMS, WITH CURVESTHAT BLEND IN WITH ADJACENT UNDISTURBED SLOPES. ABRUPT ANGULAR TRANSITIONS AND LINEARSLOPES SHALL BE
AVOIDED (SECTION 7.2.C1)ALL AREAS DISTURBED BY GRADING SHALL BE REVEGETATED WITHIN ONE (1) GROWING SEASON AFTERSHALL BE ADEQUATE TO PREVENT SOIL EROSION AND INVASION OF WEEDS. (SECTION
7.2.C2)ALL PORTIONS OF THE SITE WHERE EXISTING VEGETATIVE COVER IS DAMAGED OR REMOVED, THAT AREA SUBSTANTIAL MIXED STAND OF NATIVE OR ADAPTED GRASSES AND GROUND COVERS (SECTIONALL MAN-MADE
SLOPES GREATER THAN 50% WILL BE MULCHED AND NETTED TO ENSURE ADEQUATESTABILIZATION AND REVEGETATION. (SECTIONS 7.2.C3 AND 4)TO THE MAXIMUM EXTENT FEASIBLE, TOPSOIL THAT IS REMOVED DURING
CONSTRUCTION SHALL BESTOCKPILED AND CONSERVED FOR LATER USE ON AREAS REQUIRING REVEGETATION ORALL PLANT MATERIAL SHALL MEET THE AMERICAN ASSOCIATION OF NURSERYMEN SPECIFICATIONS FORACT,
TITLE 35, ARTICLE 26, C.R.S., AS AMENDED. (SECTION 7.5.D.2E)ALL LANDSCAPES SHALL INCLUDE A PROPERLY FUNCTIONING AUTOMATED SPRINKLER SYSTEM WITHTEMPORARY FOR PLANT ESTABLISHMENT. SPRINKLER
SYSTEM TO BE IN PLACE FOR A MAXIMUM OF 18ALL TREES SHALL BE STAKED OR GUYED AND FENCED TO PROTECT FROM WILDLIFE DAMAGE. NOWITHIN A PERIOD OF 12 MONTHS AFTER THE FINAL CERTIFICATE OF
OCCUPANCY HAS BEEN RELEASED,THE TREE SHALL BE REPLACED PURSUANT TO EVDC 7.3(D)(5).
CONSTRUCTION, USING A SUBSTANTIAL MIXED STAND OF NATIVE OR ADAPTED GRASSES AND GROUNDCOVERS. THE DENSITY OF THE REESTABLISHED GRASS VEGETATION AFTER ONE (1) GROWING SEASONNOT OTHERWISE
COVERED WITH NEW IMPROVEMENTS, SHALL BE SUCCESSFULLY REVEGETATED WITH7.5.D4)ON MAN-MADE SLOPES OF 25% OR GREATER, PLANT MATERIALS WITH DEEP ROOTINGCHARACTERISTICS SHALL BE SELECTED
THAT WILL MINIMIZE EROSION AND REDUCE SURFACE RUNOFF.LANDSCAPING, SUCH AS CUT-AND-FILL SLOPES. (SECTION 7.2C5)NO TREES OR VEGETATION SHALL BE REMOVED OUTSIDE THE APPROVED LIMITS OF
DISTURBANCE.(SECTION 7.3.D1)CONIFER TREES SHALL BE SIZED AS 50% EIGHT FEET TALL AND 50% AT SIX FEET TALL AT PLANTING.DECIDUOUS TREES SHALL BE SIZED AS 50% AT FOUR-INCH CALIPER AND 50%
AT TWO-INCH CALIPERPLANTING. SHRUBS SHALL BE 5 GALLON CONTAINER OR LARGER AT PLANTING. (SECTION 7.5.D2D)NUMBER 1 GRADE, AND SHALL COMPLY WITH THE QUALITY STANDARDS OF THE COLORADO
NURSERYINDIVIDUAL DRIP LINES FOR NATURAL AREAS." (SECTION 7.5.D5) SPRINKLER SYSTEM TO BEMONTHS.REQUIRED LANDSCAPING SHALL BE MAINTAINED IN A HEALTHY, GROWING CONDITION AT ALL TIMES.
HEPROPERTY OWNER IS RESPONSIBLE FOR REGULAR IRRIGATING, PRUNING, WEEDING, MOWING,ERTILIZING, REPLACEMENT OF PLANTS IN POOR CONDITION AND OTHER MAINTENANCE OF ALLPLANTINGS AS NEEDED.
(SECTION 7.5.J1)CHAIN-LINK FENCING SHALL BE ALLOWED TO PROTECT LANDSCAPING FROM WILDLIFE DAMAGE.(SECTION 7.5.12)DEPARTMENT OF WILDLIFE SHALL NOT BE RESPONSIBLE FOR DAMAGE BY WILDLIFE.IF
CONSTRUCTION ACTIVITY RESULTS IN THE DEATH OF TREES SHOWN AS "TREE TO BE PROTECTED"
LANDSCAPING NOTES:
2)3)4)5)6)8)9)
1)7)10)11)12)13)
M:\\CES_Jobs\\954_002_Grant Cole Storage\\Development\\Max Storage landscape.dwg, 9/15/2020 11:58:27 AM, JLR
16'-0"
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ESTES PARK, CO 80517
TBD MOUNTAIN VIEW CT.
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M:\\CES_Jobs\\954_002_Grant Cole Storage\\Development\\Max Storage basemap.dwg, 9/15/2020 11:56:40 AM, JLR
Attachment3:StatementofIntent
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Attachment4:ApplicationForm
Attachment5:IndemnificationandWaiver
NOTICE
On Tuesday,October 20, 2020at 1:30 p.m., the Estes Park Planning Commission
will hold a virtual meeting toreviewand make a recommendation on the following
applications:
AMENDED PLAT
Location: Mountain Wood Townhomes, 260 Stanley Avenue
Type and Intensity of Use: Lot 1 of Mountain Wood Townhomes Subdivision (located at
260 Stanley Ave.) wish to move the property line division between Lot 1 and Lot 2.
The lots are within RM-Multi Family Zoning District.
Owner/Applicant: Kingswood Homes/Van Horn Engineering
MINOR SUBDIVISION
Legal Description: LOT 1, NORTH LAKE SUBDIVISION
Type and Intensity of Use: Applicant seeks a recommendation of approval fora minor
subdivision which is proposed to divide Lot 1, North Lake Subdivision into two parcels;
one of which is proposed to be later subdivided into severalsingle-family lots for
homes to be constructed by Habitat for Humanity and one which will continue to
feature the existing North Lake Condos development.
Owner/Applicant: Richard and Lynne Ward /Van Horn Engineering.
DEVELOPMENT PLAN
Legal Description: LOT 3A, MOUNTAIN TECHNOLOGICAL CENTER
Type and Intensity of Use: Applicant seeks approval of a 14,800-square-foot self-
storage facility in the CH (Commercial-Heavy) zone district.
Owner/Applicant: DJMC, LLC/Cornerstone Engineering and Surveying, Inc
Any person may appear at such hearing and comment on any matter to be considered.
For more information, go to www.estes.org/currentapplicationsor contact
Community Development at planning@estes.orgor 970-577-3721.
PUBLISH: Estes Park Trail-Gazette, Friday, October 2, 2020