HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2020-09-15(Instructions continued on page 2, Agenda begins on page 3)
PLANNING COMMISSION – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, September 15, 2020
1:30 p.m.
Estes Park, CO 80517
The Estes Park Board 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 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.
ADVANCED PUBLIC COMMENT
Options for the Public to Provide Input:
1. By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/EPPCPublicComment. The form must be submitted by 12:00 p.m.,
Monday, September 14, 2020. All comments will be provided to the Commission for consideration
during the agenda item and added to the final packet.
2. By Telephone Message: Members of the public may provide public comment or comment on a
specific agenda item by calling (970) 577-3721. The calls must be received by 12:00 p.m., Monday,
September 14, 2020. All calls will be transcribed and provided to the Commission for consideration
during the agenda item and added to the final packet.
PUBLIC PARTICIPATION DURING BOARD MEETING
Options for participation in the meeting will be available by call-in telephone option or online via
Zoom Webinar.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number, 1-346-248-7799
Enter the Meeting ID for the September 15, 2020 meeting: 937 7127 2278 followed by the
pound sign (#). The meeting will be available beginning at 8:45 a.m. the day of the meeting.
Please call into the meeting prior to 9:00 a.m., if possible. You can also find this information for
participating by phone on the website at www.estes.org/boardsandmeetings by clicking on
“Virtual Town Board Meeting Participation”.
Request to Speak: For public comment, the Chair will ask attendees to indicate if they would
like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating
the Zoom session to ensure all participants have an opportunity to address the Commission.
Once you are announced by phone:
• State your name and address for the record.
• DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
Prepared September 9, 2020
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NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https//zoom.us/s/93771272278 – Zoom Webinar ID: 937 7127 2278. The
Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings
by clicking on “EP Planning Commission”. Individuals participating in the Zoom session should
also watch the meeting through that site, and not via the website, due to the streaming delay
and possible audio interference.
Start Time: The Zoom Webinar will be available beginning at 1:20 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting.
Request to Speak: For public comments, the Chair will ask attendees to click the “Raise Hand”
button to indicate you would like to speak at that time. Staff will moderate the Zoom session to
ensure all participants have an opportunity to be heard.
• You will experience a short delay prior to re-connecting with the ability to speak.
• State your name and address for the record.
In order to participate, you must:
• Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
• Join the Zoom Webinar.
o The link can be found above.
• Click “Participate Virtually EP Planning Commission” meeting
• DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The EP Planning Commission meetings will be live-streamed at www.estes.org/videos and will be
posted within 48 hours of the meeting at the same location.
Documents to Share: If individuals wish to present a document or presentation, material
must be emailed by Monday, September 14, 2020 by 4:00 p.m. to the Community Development
office at planning@estes.org.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by email to planning@estes.org, or by completing the Public Comment
form at https://dms.estes.org/forms/EPPCPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970) 577-3721. All calls must be received by 4:00 p.m., Monday, September 14, 2020.
All comments received will be provided to the Commission and included in the final packet
material.
Oral Testimony
To ensure your ability to provide comments during the meeting, you must register by emailing
planning@estes.org or calling (970) 577-3721 by Monday, September 14, 2020 at 4:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to planning@estes.org by 8:00
a.m. Monday, September 14, 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 can be accessed through the following link: Estes Park Planning
Commission or under the Planning Commission section at www.estes.org/boardsandmeetings
or you may request a paper packet by emailing planning@estes.org or calling (970) 577-3721.
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NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda
was prepared.
AGENDA
PLANNING COMMISSION – TOWN OF ESTES PARK
Tuesday, September 15, 2020
1:30 p.m.
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
CONSENT AGENDA:
1. Planning Commission Minutes dated August 18, 2020
ACTION ITEMS:
1. Amended Plat: 1700 Big Thompson Avenue, Estes Park Resorts
Senior Planner Woeber
2. Code Amendment: Amended Plat/Boundary Line Adjustment Process
Senior Planner Woeber
REPORTS AND DISCUSSION ITEMS:
• Increased Building Height in CD- Downtown Commercial Zone District
• Parking Regulations for Multi-Family Developments
ADJOURN
Prepared 09/09/2020
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Town of Estes Park, Larimer County, Colorado, August 18, 2020
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held VIRTUALLY in said Town of Estes Park on the 18 day of
August, 2020.
Committee: Chair Matt Comstock, Vice Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Steve Murphree.
Attending: Chair Comstock, Vice Chair Heiser, Commissioners Elkins,
Hanson, Murphree, Director Randy Hunt, Senior Planner Jeff
Woeber, Planner II Alex Bergeron, Recording Secretary Karin
Swanlund, Town Board Liaison Barbara MacAlpine, Town
Attorney Dan Kramer
Absent: None
Chair Comstock called the meeting to order at 1:30 p.m.
PUBLIC COMMENT.
None
AGENDA APPROVAL
It was moved and seconded (Murphree/Heiser) to approve the agenda and the
motion passed 5-0.
CONSENT AGENDA APPROVAL
It was moved and seconded (Elkins/Hanson) to approve the consent agenda and the
motion passed 5-0.
LOCATION AND EXTENT: BIRCH RUINS
Planner Bergeron reviewed the staff report prepared by Ayres Associates requesting the
installation of interpretive signage and deck extension to the structure at the Birch Ruins,
a historic site located in the Knoll Willows Open Space.
Derek Fortini, Museum Director, explained that the lapse in time from when this project
was approved to now was due to grant money approval. No trails are proposed to be
impacted, including the "car tracks" visible on the satellite photo, which is accessible for
police and parks departments. There are no plans to rehabilitate this vehicle trail.
Mike Todd, Cornerstone Engineering, described the deck platform as being expanded
metal decking with steel railing. Viewshed of Longs Peak is one of the main reasons for
this expansion as is that the decking will preserve the site and make it safer.
It was moved and seconded (Murphree/Hanson) to approve the Location and Extent
Review for the Birch Ruins with findings and by staff. The motion passed 5-0.
CODE AMENDMENT: AMENDED PLAT REVIEW PROCESS
Senior Planner Woeber explained that this Amendment involves changes to the Estes
Park Development Code (EPDC), Chapter 3 "Review Procedures and Standards" and
Chapter 10, "Subdivision Standards" to allow for an administrative review and approval
process for minor adjustments to property lines or elimination of interior property lines.
Staff request continuance of this code amendment to allow for additional review by the
Town Attorney's office and staff.
It was requested that the staff report for this be distributed to the Commission earlier than
the next meeting date for the Commission to have extra time to review.
It was moved and seconded (Heiser/Murphree) to continue the item to September
15, 2020. The motion passed 5-0.
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Estes Park Planning Commission – AUGUST 18, 2020 – Page 2
REPORTS:
• Director Hunt explained that the proposed parking-realted Code amendment would
be delayed another month to provide staff more time to review.
• Downtown building height will be a discussion item in September.
Concepts for this proposed Code Amendment come from the 2017 Downtown
Plan. Downtown real estate is usually at a higher price point and going vertical is
a way to add square footage. The plan allows for a three-story maximum height
(38-40 foot limit) in certain core areas of downtown, and a two-story maximum
height along the river corridors. The traditional method for achieving this is to have
an overlay zone.
Discussion:
Commissioners Hanson and Heiser spoke on the complications of having a way
to implement "maximum elevation from sea-level."
Public Works has a way of producing a map/inventory of downtown buildings by
using a theodolite.
In answer to Chair Comstock's question as to why this amendment is needed, Hunt
responded with three reasons:
1) Add residential on top of commercial space
2) Downtown building stock is aging and there is increased interest in
redevelopment
3) Flood plain areas
Design standards and guidelines are discussed in the Downtown Plan. There was
considerable dialog on mandatory architectural styles. Unification from the public
will be a significant undertaking and extremely difficult. Sticking to building heights
will make the process easier. Director Hunt will reach out to the Town's Public
Information Officer on ways to inform the public before the next meeting.
It was pointed out that the River Walk was not referenced in the downtown map
and should be updated. Vice-Chair Heiser requested that Trustee MacAlpine bring
this up in her report during a Town Board meeting.
• DOLA has pushed back the application deadline to October 1 for the
Comprehensive Plan
• Technical Review Committee public hearing meeting on Monday, August 24, to
review the Stanley Hotel Carriage House.
• County Commissioners appointed a Planning Advisory Committee for the
unincorporated Estes Valley. This committee may have the possibility of working
with the EP Planning Commission.
There being no further business, Chair Comstock adjourned the meeting at 3:12 p.m.
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
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ESTES VALLEY PLANNING COMMISSION
MEETING DATE & LOCATION:
September 15, 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 a Second Amended Plat to provide an additional garage, and
slightly reconfigure utility easements 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.
LOCATION:
Located in the Estes Park Marina area near Lake Estes, addressed as 1700 Big Thompson Avenue in
the Town of Estes Park.
OWNER/APPLICANT:
Mountain Village Development, LLC
CONSULTANT/ENGINEER:
Cornerstone Engineering and Surveying, Inc., Jes Reetz
STAFF CONTACT:
Jeffrey Woeber, AICP, Senior Planner
DESCRIPTION:
This project went through a lengthy and comprehensive review process in June 2017. The Estes Park
Resort Townhome Subdivision created 33 lots on a parcel approximately 9 acres in size. The property
is zoned A (Accommodations). The subdivision, as well as the development plan that was approved for
the project, involves 32 lots for individual accommodations units, and one lot for an existing hotel/lodge.
The Estes Park Resort Townhome Subdivision was recorded in the records of the Larimer County Clerk
and Recorder at Reception No. 20180005399, on January 26, 2018. Development Plan No. 2017-05
was approved by the Estes Valley Planning Commission on June 20, 2017. An Amended Plat was
reviewed and approved by the Town Board in November 2019, which eliminated two of the 32
Townhome lots, and slightly reconfigured the layout of the remaining lots. That Amended Plat was
recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20200018555, on
March 18, 2020.
Second Amended Plat
Estes Park Resort Townhome 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
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ESTES VALLEY PLANNING COMMISSION, SEPTEMBER 15, 2020 PAGE 2 OF 3
AMENDED PLAT, ESTES PARK RESORT TOWNHOME SUBDIVISION
The project is currently being developed, and the owner/applicant determined during the construction
process that an additional garage unit was possible. This, however, requires another 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 amendment is 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 does recommend a change in the plat’s title to avoid confusion – see “Findings” section below.
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: Cornerstone Engineering and Surveying, Inc.
Parcel Number: 2529208001
Zoning: A (Accommodations)
Adjacent Zoning:
East: CO (Outlying Commercial) North: A (Accommodations)
West: E-1 (Estate) South: CO (Outlying Commercial)
Adjacent Land Uses:
East: Lake Estes Marina North: Motel
West: Residential South: Lake Estes
Services:
Water, Electric: Town of Estes Park Sewer: UTSD
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 EPCD 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 .
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ESTES VALLEY PLANNING COMMISSION, SEPTEMBER 15, 2020 PAGE 3 OF 3
AMENDED PLAT, ESTES PARK RESORT TOWNHOME SUBDIVISION
STAFF REVIEW, FINDINGS:
1. This proposal complies with applicable sections of the EPDC.
2. 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.
3. 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.
4. This is a Planning Commission recommendation to the Town Board.
5. Staff finds that the title on the provided Plat is likely to be confusing. The title (see Attachment
4) is given as “Amended Plat of Estes Park Resort Amended Plat.” Staff recommends a
condition of approval that the plat be retitled as “Second Amended Plat of Estes Park Resort,”
and that an exhibit with the revised title be provided to staff in time to schedule for Town Board
hearing and consideration.
RECOMMENDATION:
Staff recommends the Estes Park Planning Commission forward a recommendation of approval of the
Second Amended Plat to the Town of Estes Park Board of Trustees, with staff findings. Staff
recommends the following condition be added to the 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.
SAMPLE MOTION:
I move to recommend the Estes 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
condition of 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.
Attachments:
1. Vicinity Map
2. Statement of Intent
3. Application
4. Amended Plat
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Site Location
Ú
LAKE ESTES
BIG
T
H
O
M
P
S
O
N
A
V
EDRY GULCH RDEAST LNWEST LNN SAINT VRAIN
A
V
E ELKTRAILCTNORTH LN
RAV
E
N
A
V
E
WILDFIRE RD
LAKEFRONTS TPINE LN
SOUTH LN
W H IG HWAY34LONEPINEDROTIS L
N
GRANDESTATES DR DEERP A TH C T
B E LLEVUE DRRAVEN CIRP T A R M IG A N TRL
VISTA L N
D E VILS GU L C H R DMALL RDSUMMIT
DR
HIGH PINE DR
H
I
L
L
SIDELNMA C CRACKEN LN
NORTH RI DGELNNORTHLAKEAVE
HAYBARN H ILLRDRED TAIL HAWK DR
1STSTSTONEGATE DR
OLYMPUS LN EBEACH LN
SOARI N G C I R
AXELL RD
WESTON LNFREELAND CT
0 500 1,000
Feet -Town of Estes ParkCommunity Development
Printed: 11/13/2019
Created By: jeff woeber
Project Name:
Project Description:
Amended Plat
Estes Park Resort Townhome SubdivisionFor Illustrative Purposes Only
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July 15, 2020
Town of Estes Park
Community Development
P.O. Box 1200
Estes Park, Co. 80517
RE: Estes Park Resort Minor Modification and Amended Plat
Mr. Randy Hunt,
Cornerstone Engineering and Surveying, Inc. (CES), on behalf of the owners Rocky Mountain Hotel Properties
I, LLC, is submitting an Minor Modification to the approved development plan and Amended Plat for the Estes
Park Resort Townhomes. Every attempt has been made to ensure the application meets the guidelines of the
Estes Valley Development Code (EVDC).
Legal Description
Estes Park Resort, Town of Estes Park, County of Larimer, State of Colorado
Minor Modification
The owners propose to add an additional garage space and revise the parking/drive layout in the southwest
corner of the development. The proposed drive will be shortened and parking shifted from the south side of
the proposed garages to the north side.
No utilities or drainage patterns will be affected by this proposed modification.
Amended Plat
The plat will be amended to account for the additional garage space as well as dedicate necessary utility
easements.
Sincerely,
Cornerstone Engineering & Surveying, Inc.
Jes Reetz
Planner
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Revised 2020.04.23 ks
Condominium Map
Preliminary Map
Final Map
Pre-App
Development Plan
Special Review
Preliminary Subdivision Plat
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Project Description
Lot Size Area of Disturbance in Acres
Proposed Land Use
Town Well None
Town Well None
Existing Sanitary Sewer Service EPSD UTSD Septic None
Proposed Sanitary Sewer Service EPSD UTSD Septic
Is a sewer lift station required?Yes No
Existing Gas Service Other None
Existing Zoning Proposed Zoning
Are there wetlands on the site?Yes No
Site staking must be completed at the time application is submitted. Complete?Yes No
Name of Primary Contact Person
Complete Mailing Address
Primary Contact Person is Owner Applicant Consultant/Engineer
Existing Land Use
Existing Water Service
Attachments
Proposed Water Service
Site Access (if not on public street)
Please review the Estes Park Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Project Address
Parcel ID #
Legal Description
General Information
Boundary Line Adjustment
ROW or Easement Vacation
Street Name Change Time
Rezoning Petition
Annexation Request
Extension
Other: Please specify
Project Name
Supplemental Map
ESTES PARK PLANNING DEPARTMENT
APPLICATION
Type of Application
Submittal Date:
Site Information
Application fee
Statement of intent
2 copies (folded) of plat or plan
11" X 17" reduced copy of plat or plan
Xcel
Primary Contact Information
Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
Other (specify)
Other (specify)
Digital Copies of plats/plans in TIFF or PDF format emailed to
planning@estes.org
PLEASE CHECK ONLY ONE BOX
Sign Purchase ($10)
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Revised 2020.04.23 ks
Consultant/Engineer
PLEASE PRINT:
PLEASE PRINT:
Date
DateApplicant
Record Owner
Applicant
Fax
Names:
Email
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
Phone
Cell Phone
Mailing Address
Applicant
Fax
Phone
Email
Contact Information
Phone
Cell Phone
Cell Phone
Mailing Address
Mailing Address
Record Owner(s)
Email
Signatures:
Fax
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
MINERAL RIGHT CERTIFICATION
APPLICATION FEES
For development within the Estes Park Town limits See the fee schedule included in
your application packet or view the fee schedule online at
www.estes.org/planningforms
All requests for refunds must be made in writing. All fees are due at the time of submittal.
Record Owner
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Revised 2020.04.23 ks
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PLEASE PRINT:
PLEASE PRINT:
Date
Date
APPLICANT CERTIFICATION
I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC.
http://www.estes.org/DevCode
Record Owner
Applicant
Signatures:
I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
I understand that a resubmittal fee will be charged if my application is incomplete.
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
Record Owner
Applicant
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
Names:
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
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17
Memo COMMUNITY DEVELOPMENT
To: Estes Park Planning Commission
From: Jeffrey Woeber, Senior Planner
Date: September 15, 2020
RE: Amendments to the Estes Park Development Code
1)Allow an Amended Plat, a Boundary Adjustment, or a Land Consolidation
Plat to be Defined as a “Minor Adjustment,” and to be Processed as a Staff
Level Review
2) Increase the time for submitting a Subdivision Plat for Recording from the
Current Sixty (60) Days to One Hundred and Eighty (180) Days
Planning Commission Objective:
Review and provide a recommendation for a proposed text amendment to the Estes Park
Development Code (EPDC), to allow a Boundary Adjustment, Amended Plat, or Land Consolidation
Plat to be defined as a “Minor Adjustment,” and to be processed as a staff level review. The
amendment also proposes increasing the time for submitting a subdivision plat for recording from the
current 60 days, to 180 days.
Code Amendment Objective:
Currently the EPDC defines an Amended Plat, Boundary Adjustment, or a Land Consolidation Plat
as a Minor Subdivision, requiring Planning Commission review and Board approval. As typically
there is little or no impact from these “Minor Adjustment” processes, they can appropriately be
reviewed and processed by staff. The amendment would also allow a more realistic time frame for
receipt and recordation of Final Subdivision Plats.
Staff proposes changes to the EPDC, 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.
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SEPTEMBER 15, 2020 EPPC
CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 2 OF 4
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, by
amending 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 of
a 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.
Background, Discussion:
There has been some inconsistency in past years in Community Development’s processing of
Amended Plats and similar, where lots or parcels are consolidated (combining two or more into one),
or where a lot line or lot lines are slightly adjusted. Staff has found examples where Amended Plats
have been processed at staff level. This has not caused any issues that staff is aware of. However,
staff recently realized that strict interpretation of the applicable review procedures within the EPDC,
Section 3.9 require any of these to be processed as a “Minor Subdivision,” rather than, for example,
a “Minor Modification to an Approved Final Plan” as provided for in Section 3.7. Minor Subdivisions
require review by the EPPC and Board approval. The technical terms “plan” and “plat” refer to
different instruments in typical best planning practice, so the wording and structure in Section 3.7 is
a bit careless at best.
Any subdivision process that creates two or more new lots from a parent parcel must appropriately
go through a review and approval process involving public notice, public meetings, Planning
Commission review, and Board approval. However, for Minor Adjustments, that do not involve
creation of any additional lots or building sites, there is little or no impact and they can be
appropriately processed by staff. This is staff’s recommendation, which matches usual and
customary regulatory practice in most North American local jurisdictions.
Staff has detailed the revisions to the Chapters as outlined above, in Exhibit A. Staff has other
revisions within Chapters 3 and 10, for consistency and clarity. These include a provision for
compliance with the requirements within the EPDC’s Appendix B, Submittal Requirements as
determined by the Community Development Director. This is due to the EPDC’s Appendix B
currently having no specific requirements or references whatsoever to Minor Subdivision, Amended
Plat, Boundary Adjustment, or Land Consolidation Plat. Apparently this was an oversight on the part
of the original authors of the EPDC. Applying all of the Preliminary Plat and Final Plat requirements
listed within Appendix B is unnecessary, and many are inapplicable.
The increase from the 60-day submittal time period to 180 days is to provide a better, more
reasonable period to submit a plat for recordation after approval. This will allow much more flexibility
for both the applicant and for staff, and avoid unnecessary extensions or expirations.
19
SEPTEMBER 15, 2020 EPPC
CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 3 OF 4
Staff recommends the Estes Park Planning Commission recommend approval of the language in
Exhibit A to the Town Board of Trustees.
Staff Findings:
The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review).
§3.3.D Code Amendments, Standards for Review
“All rezoning and text amendments to the EPDC shall meet the following criteria:”
1.“The amendment is necessary to address changes in conditions in the areas affected;”
Staff Finding:
Although the EPDC states this finding is applicable to a proposed “text amendment” such as that
proposed herein, staff notes it would seem to be mostly applicable to a rezoning (zoning map
amendment). There are no specific areas or conditions that would be affected by the proposed
amendment to the EPDC. Staff finds this Standard for Review No. 1 is not applicable to this
Code Amendment.
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 existing growth and development patterns in the Estes Valley:”
Staff Finding:
There is no “development plan” associated with this and in fact it involves subdivision review
standards and regulations. Staff notes although there is no development plan being allowed by
this Code Amendment, nothing within the Code Amendment is contrary to any
recommendations, policies, or intent of the Comprehensive Plan.
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:
Town, County or other relevant service providers would not be significantly impacted regarding
their respective services and facilities, if this Code Amendment is approved.
Advantages:
•Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review, as
applicable.
•Establishes and clarifies a review procedure for Amended Plats and similar that can streamline
the process, which benefits both the Town and the residents of Estes Park.
•Provides a more reasonable and realistic time period to submit a plat for recordation.
Disadvantages:
•Adds slightly to Code length and complexity.
Action Recommended:
Review the amendment for compliance with Estes Park Development Code (EPDC) §3.3.D Code
Amendments, Standards for Review, and forward a recommendation to the Estes Park Town Board
of Trustees for a final decision to approve.
Level of Public Interest
Low. Little input or public comment has been received.
20
SEPTEMBER 15, 2020 EPPC
CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 4 OF 4
Sample Motion:
APPROVAL
I move to recommend that the Estes Park Town Board of Trustees APPROVE the text amendment
to the Estes Park Development Code as presented in Exhibit A as recommended by staff, with
findings as recommended by staff.
CONTINUANCE
I move to CONTINUE this agenda item to the next regularly scheduled Planning Commission
meeting because…. (state reason(s) for continuance).
DENIAL
I move to recommend that the Estes Park Town Board of Trustees DENY the text amendment to the
Estes Park Development Code as presented in Exhibit A, finding that . . . (state reasons for denial).
Exhibit:
Exhibit A
(Red font with strikethrough is the existing Code text which staff proposed to delete, the red
underline font is that which would be added.)
EPDC Chapter 3, Review Procedures and Standards, Section 3.9 Subdivisions
EPDC Chapter 3, Review Procedures and Standards, Section 3.2 Standard Development
Review Procedure, G. Summary Table—Standard Development Review Process by
Application Type
EPDC Chapter 10, Subdivisions, Section 10.2 Applicability/Scope
EPDC Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms, and Phrases, 235.
Subdivision, Minor
21
§ 3.9 - Subdivisions
A.Purposes. The purpose of the subdivision review process is to ensure compliance with the
subdivision standards and provisions of this Code, while encouraging quality development in the
Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan.
B.Applicability. All subdivisions shall be subject to the approval procedures set forth in this
Section.
C.Procedure for Approval of Subdivisions (Except Minor Subdivisions and Minor
Adjustments)
1.General. Subdivisions are approved in two (2) stages: first, a preliminary subdivision plan is
approved, and second, a final subdivision plat is approved and recorded. The Board of Trustees
or the Board of County Commissioners is the entity with final approval authority for both
preliminary and final subdivision plats, depending on the location of the property.
2.Procedure for Approval of Preliminary Subdivision Plats. Applications for preliminary
subdivision plat approval shall follow the standard development approval process set forth
in §3.2 of this Chapter.
3.Procedure for Approval of Final Subdivision Plats. Applications for final subdivision plat
approval shall follow the standard development approval process set forth in §3.2 of this Chapter,
except that Step 4 (EVPC Review and Action) shall not apply.
D.Minor Subdivisions and Minor Adjustments.
1.Defined. Minor subdivisions shall be defined as follows: Minor Subdivisions and Minor
Adjustments are categorized as follows:
a.Frontage Lots Minor Subdivision . 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. Frontage Lot
subdivisions shall be titled as a "Subdivision." (Ord. 18-01 #8; Ord. 8-05 #1)
b.Boundary Adjustments . Division of one (1) or more lots, tracts or parcels of land for the
purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent
lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for
any purposes, shall be considered a minor subdivision for review procedure. Boundary
Adjustments shall be titled as a "Boundary Line Adjustment" for properties not within a platted
subdivision or "Amended Plat" for properties within a platted subdivision. Minor Adjustment.
Minor Adjustments are Amended Plats, Boundary Line Adjustments, or Land Consolidation Plats:
The final map shall clearly indicate the original boundaries of each lot and shall contain the
following statement: (Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the property
depicted hereon. Such adjustments do not create additional lots or building sites for any
purposes. The area added to each lot shown hereon by such adjustment is to be considered an
22
addition to, shall become a part of, and shall be conveyed together with, each lot as shown."
(Ord. 8-05 #1)
c. Land Consolidation Plats . Unplatted contiguous legal lots approved for single-family
residential development can be combined with a land consolidation plat. Land Consolidation
Plats shall be titled as a "Land Consolidation Plat." The final plat shall clearly indicate the original
boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the property
depicted hereon. Such adjustments do not create additional lots or building sites for any
purposes." (Ord. 8-05 #1)
(1) Amended Plat. An Amended Plat is an instrument to amend a recorded subdivision plat.
An Amended Plat is a revision to a recorded subdivision plat, or a portion of a recorded
subdivision plat. An Amended Plat may reconfigure lots, vacate interior lot lines, change
or eliminate a platted building envelope, or correct drafting or technical errors. To qualify
as an Amended Plat, no additional lots or building sites may be created, nor any lots that
do not comply with zoning standards or other requirements of this code. An Amended
Plat must not include easement or right-of-way vacation or dedication, involve more than
five (5) lots, or necessitate new or modified public improvements; such plats shall be
considered subdivision plats under subsection (C), above, and shall require a public
hearing before the Town Board of Trustees.
(2) Boundary Adjustment shall mean the division of one (1) or more lots, tracts or parcels
of land for the sole purpose of adjusting boundary lines between such lots, tracts or
parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not
create additional lots or building sites for any purposes.
(3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family residential
development may be combined with a Land Consolidation Plat, provided that the new lot
conforms to all requirements of this code. Land Consolidation Plats shall be titled as
“Land Consolidation Plat.” The final plat shall clearly indicate the original boundaries of
each lot and shall contain the following statement:
“Boundary lines indicated on this map are adjustments of former boundary lines of
the property depicted hereon. Such adjustments do not create additional lots or
building sites for any purposes.”
2. Hazard Areas. Except Land Consolidation Plats, aAreas with geologic hazards as defined
by §7.7 of this Code shall not be eligible for the minor subdivision process.
(Ord. 18-01 #9; Ord. 8-05 #1)
3. Procedure for Approval of Minor Subdivisions and Minor Adjustments. Applications for
minor subdivision or minor adjustment approval shall follow the standard development approval
process set forth in §3.2 of this Chapter. , except that Land Consolidation Plats shall not be
subject to review by the Planning Commission. Land Consolidation Plats shall follow the review
timeframe established for Final Plats.
(Ord. 18-01 #10; Ord. 8-05 #1)
4. Submittal Requirements. Boundary Line Adjustments and Amended Plats A Minor
Adjustment shall follow the applicable subdivision submittal requirements within the EPDC
Appendix B. II., as determined by the Community Development Director or designee. involving
exchange of land shall require deeds describing the resultant parcels, signed and dated by
owners, and dated and sealed by a Notary Public, to be submitted with the Mylars.
(Ord. 18-01 #11; Ord. 8-05 #1)
23
5. Modifications and Waivers. The Community Development Director, or designee, shall have
authority to grant modifications and/or waive standards set forth in Chapter 10 in conjunction with
an Amended Plat, Boundary Adjustment or Land Consolidation Plat. Approval of requested
modifications and/or waivers shall require that the Director finds that approval of such
modification and/or waiver: (Ord. 8-05 #1)
a. Advances the goals and purposes of this Code; (Ord. 8-05 #1)
b. Either results in less visual impact, more effective environmental or open space preservation,
relieves practical difficulties in developing a site or results in the use of superior engineering
standards than those required by this Code; (Ord. 8-05 #1)
c. There will be no increase in the intensity of use; and (Ord. 8-05 #1)
d. There will be no increase in development and/or demand for services that necessitates
compliance with EPVDC standards.
(Ord. 8-05 #1)
E. Standards for Review. All subdivision applications shall demonstrate compliance with the
standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable
provisions of this Code. For minor subdivisions, the EVPC shall also find that approval will not be
materially detrimental to the public welfare, injurious to other property in the neighborhood, or in
conflict with the purposes and objectives of this Code.
F. Effects of Approval.
1. Effect of Approval of a Minor Subdivision or Minor Adjustment. Within sixty (60) one
hundred and eighty (180) days of the Board's approval of the minor subdivision or minor
adjustment, the developer shall submit the minor subdivision or minor adjustment final plat for
recording. If the minor subdivision or minor adjustment plat plan is not submitted for recording
within this sixty-day one hundred and eighty day time period, the approval shall automatically
lapse and be null and void.
(Ord. 8-05 #1)
2. Effect of Approval of a Preliminary Subdivision Plan.
a. Within twelve (12) months from the date of the final approval of a preliminary subdivision plat,
the developer shall submit an application for final subdivision plat for either all or at least one (1)
phase of the proposed subdivision.
b. An approved final subdivision plat for any phase of the preliminary subdivision plan shall
extend the life of the preliminary subdivision plan for an additional twelve-month period from the
date the final subdivision plat is approved. If the original twelve-month period or any successive
twelve-month period expires before a final subdivision plat is approved, then the preliminary plan
approval automatically lapses and becomes null and void.
c. During the period in which an approved preliminary subdivision plan is effective, no
subsequent change or amendment to this Code or any other governing ordinance or plan shall be
applied to affect adversely the right of the Applicant to proceed with any aspect of the approved
development in accordance with the terms of such preliminary subdivision plat approval.
However, the Applicant shall comply with those local laws and regulations adopted subsequent to
the approval of such preliminary subdivision if the Estes Valley Planning Commission determines,
on the basis of written findings, that compliance is reasonably necessary to protect the public
health, safety or welfare.
3. Effect of Approval of a Final Subdivision Plat. Within sixty (60) one hundred and eighty
(180) days from the date of the Board's action on the final subdivision plat, the Applicant shall
make all required revisions, if any (see §3.2.E above), and shall submit the final subdivision plat
24
to the Town for recording. If the final plat is not submitted for recording within this sixty-day one
hundred and eighty day time period, the approval shall automatically lapse and be null and void.
25
§ 3.2 - Standard Development Review Procedure
G. Summary Table—Standard Development Review Process by Application Type.
"V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable
"APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text)
Step 1
Pre-
Application
Conference
Step 2
Neighborhood
& Community
Meeting
Step 3
Application/
Completeness
Certification
Step 4
Staff
Review &
Report
Step 5
EVPC
Action
Step 6
Board
Action
Minor
Subdivision
(Ord. 18-01
#5
M V A A A A
Minor
Adjustment
V V A A N/A N/A
26
§ 10.2 - APPLICABILITY/SCOPE
A. General. Prior to subdividing any tract of land in the Estes Valley, including land being
annexed into the Town, the subdivider shall comply with all of the standards set forth in this Code
and obtain approval pursuant to the procedures set forth in Chapter 3. No building permits shall
be issued for any improvement or work on any parcel not subdivided in compliance with this
Chapter. No owner or agent of the owner of any land located within an addition or subdivision
shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by
the use of a plan, plat or map of an addition or subdivision before such plan, plat or map has
been approved pursuant to the provisions of this Chapter and Chapter 3 of this Code and
recorded in the office of the clerk and recorder of Larimer County, Colorado.
B. Minor Subdivisions and Minor Adjustments. Minor Subdivisions and Minor Adjustments are
subject to full review and compliance with the applicable standards set forth in Chapter 10 and
the applicable submittal requirements set forth in Appendix B,.as determined by the Community
Development Director or designee.
(Ord. 18-01 #22)
1. Frontage LotsMinor Subdivision. 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 considered 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, parcel or
set of contiguous parcels in the same ownership using the minor subdivision procedure. Frontage
Lot Minor sSubdivisions shall be titled as a "Subdivision."
(Ord. 18-01 #23; Ord. 8-05 #1)
2. Boundary Adjustments Minor Adjustments. Minor Adjustments are Amended Plats,
Boundary Line Adjustments, or Land Consolidation Plats: Division of one (1) or more lots, tracts
or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels
of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional
lots or building sites for any purposes, shall be considered a minor subdivision for review
procedure. Boundary Adjustments shall be titled as a "Boundary Line Adjustment" for properties
not within a platted subdivision, or "Amended Plat" for properties within a platted subdivision. The
final map shall clearly indicate the original boundaries of each lot and shall contain the following
statement:
(Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the property
depicted hereon. Such adjustments do not create additional lots or building sites for any
purposes. The area added to each lot shown hereon by such adjustment is to be considered an
addition to, shall become a part of, and shall be conveyed together with, each lot as shown."
(Ord. 8-05 #1)
3. Land Consolidation Plats. Unplatted contiguous legal lots approved for single-family
residential development can be combined with a Land Consolidation Plat. Land Consolidation
Plats shall be titled as a "Land Consolidation Plat". The final map shall clearly indicate the
original boundaries of each lot and shall contain the following statement:
(Ord. 8-05 #1)
"Boundary lines indicated on this map are adjustments of former boundary lines of the property
depicted hereon. Such adjustments do not create additional lots or building sites for any
purposes." (Ord. 8-05 #1)
(Ord. 18-01 #22, 23, 10/23/01; Ord. 8-05 #1, 6/14/05)
27
(1) Amended Plat. An instrument to amend a recorded subdivision plat. An Amended Plat
is a revision to a recorded subdivision plat, or a portion of a recorded subdivision plat.
An Amended Plat may reconfigure lots, vacate interior lot lines, change or eliminate a
platted building envelope, or correct drafting or technical errors. To qualify as an
Amended Plat, no additional lots or building sites may be created, nor any lots that do
not comply with zoning standards or other requirements of this code. An Amended Plat
must not include easement or right-of-way vacation or dedication, involve more than five
(5) lots, or necessitate new or modified public improvements; such plats shall be
considered subdivision plats under subsection (C), above, and shall require a public
hearing before the Town Board of Trustees.
(2) Boundary Adjustment. The division of one (1) or more lots, tracts or parcels of land for
the sole purpose of adjusting boundary lines between such lots, tracts or parcels of
land and adjacent lots, tracts or parcels of land, which adjustments do not create
additional lots or building sites for any purposes.
(3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family residential
development may be combined with a Land Consolidation Plat, provided that the new lot
conforms to all requirements of this code. Land Consolidation Plats shall be titled as
“Land Consolidation Plat.” The final plat shall clearly indicate the original boundaries of
each lot and shall contain the following statement:
“Boundary lines indicated on this map are adjustments of former boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building
sites for any purposes.”
28
CHAPTER 13. – DEFINITIONS
§ 13.3 - Definitions of Words, Terms and Phrases
235. Subdivision, Minor shall mean subdivision for the purposes of boundary adjustments; or
shall mean subdivision into a total of not more than four (4) lots, provided that each resulting lot
fronts onto an existing dedicated public street and the subdivision entails no extension of
municipal facilities.
29
30
9/2/2020 CURRENT PROJECTS
Submittal
Date Application Type Project Name Location
Recomm
ending/
Decision
Making
Bodies
Next
Proposed
Meeting
Date
Ex-Parte
Prohibited Staff
1/15/2020 Development Plan Birds Nest 1221 High Drive staff JW
7/1/2020 Code Amendment Amended Plat/BLA review PC 15-Sep JW
7/15/2020 Development Plan Max Storage TBD Moutain View Ct PC 20-Oct yes AB
7/15/2020 Amended Condo Map EP Resort 1700 Big Thompson Ave PC 15-Sep JW
8/3/2020 Code Amendment Parking Regulations *discussion only PC 20-Oct JW
8/3/2020 Code Amendment Downtown Building Height *discussion only PC 15-Sep RH
8/4/2020 Minor Subdivision Habitat for Humanity 1730 Raven Ave PC 20-Oct yes AB
8/13/2020 Variance Bird and Jim 915 Moraine Ave BOA 6-Oct yes JW
8/27/2020 Amended Plat Mountain Wood Townhomes 258-260 Stanley Ave PC 20-Oct yes JW
key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment
staff: JW-Jeff Woeber RH-Randy Hunt AB-Alex Bergeron TRC-Technical Review Committee AA-Ayres Associates (consultants)
*Scheduled Neighborhood Meetings:Meeting Location Date
31