HomeMy WebLinkAboutPACKET Estes Park Planning Commission Study Session 2021-07-22
July 20, 2021
1:30 p.m.
Virtual
The 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.
To view or listen to the Study Session by Zoom Webinar
ONLINE (Zoom Webinar) https://zoom.us/j/93771272278
PHONE Dial US: +1 833-548-0276 (toll free)
Enter Webinar ID: 937 7127 2278 followed by #
1:30 p. m. Downtown Building Height
Ayres Associates
2:00 p.m. Building Codes
CBO Rusu
2:15 p.m. Comprehensive Plan Director Hunt
2:30 p.m. Housing: Density Regulations
Director Hunt
3:00 p.m. Housing: ADU Regulations Planner II Bergeron
AGENDA
PLANNING
COMMISSION
STUDY SESSION
COMMUNITY DEVELOPMENT
To: Estes Park Planning Commission
From: Mike Scholl, Planning Professional, Ayes Associates
Through: Randy Hunt, Community Development Director
Date: July 20, 2021
RE: Draft Code Language: Amending the Estes Park Development Code: Downtown
Building Height
Planning Commission Objective:
The following provides a review of a proposed ordinance to amend the Estes Park Development
Code (EPDC).
The language has been adjusted based on discussion and input from the members of the
Planning Commission.
The draft ordinance is summarized as follows:
• Revise § 4.4 - Nonresidential Zoning Districts, Section C.4. Density and Dimensional
Standards for the Nonresidential Zoning Districts. Table 4-5, Density and Dimensional
Standards Nonresidential Zoning Districts to allow for increased building height for
buildings in the CD Downtown Commercial zoning district.
• Revise § 11.5 – Building Height Guidelines for Developments in the CD Zoning District.
This discussion is a continuation of the discussion from the April 20, 2021, May 18, 2021, and
June 15, 2021 Planning Commission meetings. Generally, the Commission offered consensus
to move forward with 42-foot building height as a use by right subject. It is the intention of staff
to review different approaches to design criteria. The discussion is based on direction from the
Commission that any guidelines be clear, direct and limit subjective interpretation.
Code Amendment Objective:
The Code amendment under consideration would amend the Estes Park Development Code to
allow for greater building height in the CD Downtown Commercial Zoning District as a use by
right. The purpose is to allow for greater opportunity for mixed-use development and
opportunities to add much needed housing units. Specifically, building height within the CD
Downtown Commercial Zoning District would be amended from 30 feet to allow buildings up to
42 feet in height.
The 42-foot height limit was derived from discussions with developers, the Planning
Commission, and review of approved downtown plans. At 42 feet, developers can comfortably
build commercially viable three-story mixed-use buildings in the CD District. Please note, the
amendment is being drafted such that there are no additional restrictions on building use
meaning that it does not require buildings to be mixed-use, only that they cannot exceed 42 feet
in height.
Also, the height limit is intended as a maximum allowable with no exceptions through special
review. Variances could be granted by the Board of Adjustment in cases for which the proposal
met variance criteria.
With a consensus on the height, staff was directed to provide a draft of guidelines that would
promote quality developments without being overly restrictive or subjective. The intent was to
offer clear guidance to potential developers and to town staff. The guidelines under
consideration would only apply to new construction or additions that exceed 30 feet in height.
The guidelines originally looked at four areas for consideration. During the June 15 review,
Planning Commission determined that two area – building materials and building transparency –
may be overly complex or otherwise unsuitable. The remaining two criteria – upper floor
stepbacks and a limited degree of building articulation – are retained in this draft. The Planning
Commission also directed staff to remove any requirement for shadow or viewshed analysis, as
those were not viewed as having straightforward regulatory capabilities.
Staff has provided a draft for purposes of discussion that was based on research in other
mountain communities in the west. Generally, the guidelines in other peer communities varied
from highly prescriptive to very general. The proposal for discussion is included in Attachment 2,
section 11.5.
In addition, and at the direction of the Planning Commission, staff is seeking to catalog the
existing building heights in the CD District. This would include average and maximum building
heights for the district. The height data should be available at the July 20 meeting. They will also
be available as a resource through the Town’s GIS network.
Additional Reference information:
Building heights are calculated from the mean average elevation of the finished grade (highest
point + lowest point/2) and the mean height between the topmost point of the top plate and the
highest ridge for a gable, hip or gambrel. For a flat roof, it is measured from the highest point on
the roof surface (deck), not including parapet walls. At 42 feet in height, it provides flexibility in
design for a mixed-use development. Having some flexibility allows for the additional
architectural features that create visual interest and break up the roof line.
This amendment was contemplated and called for in the Estes Park, Colorado Downtown Plan
(adopted Jan. 2018). The plan stated, as a key objective, “…a moderate increase in density and
building height to promote housing development and Downtown activity.” (p. 52) The plan also
included additional discussion regarding design constraints to minimize the visual impact on the
downtown district. Specifically, the plan indicated a need to include setbacks and building
articulation to ensure visual continuity with existing buildings in the downtown district.
The Downtown Plan also contemplated taller buildings subject to some additional
considerations and design criteria. According to the plan “Buildings up to four stories may be
considered on a case-by-case basis on sites where the additional height is determined to not
significantly impact views, privacy or other factors. The Town should develop a specific list of
criteria and guidelines for review of such projects.”
Additionally, the Estes Park Economic Development Corporation (“EDC”) has advocated for
increasing the availability of workforce housing in Estes Park. In the report, “The Economic
Benefits of Implementing Workforce Housing in the Estes Park,” published in April of 2018 by
the EDC, workforce housing was identified as critical to the ongoing economic vitality of Estes
Park.
Preliminary 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:
The amendment to the code is limited to the CD Downtown Commercial Zoning District and
would allow for the potential development of much needed residential units – a “changed
condition” identified in the workforce housing report published by the Estes Park Economic
Development Corporation.
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 specific “development plan” associated with this Code Amendment. Rather, the
amendment addresses specific policy goals from the approved 2018 Estes Park Downtown
Strategic 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.
• Provides for the opportunity to create much needed housing units.
Disadvantages:
• Buildings may detract from the views if not done properly.
Action Recommended:
Review the preliminary proposal for compliance as it relates to existing approved plans and the
Estes Park Development Code (EPDC) §3.3.D Code Amendments, Standards for Review and
provide direction to staff to move forward with a formal Code Amendment.
Attachments:
1 – Map CD Downtown Commercial Zoning District
2 – Preliminary Draft Modifications - Table 4-5 - Density and Dimensional Standards
Nonresidential Zoning Districts
3 – Preliminary Draft Modifications -§ 11.5 – Height Exception for Residential Developments in
the CD Zoning District
Attachment 1
Map CD Downtown Commercial Zoning District
Attachment 2
Proposed Amendment Language:
§ 4.4 - Nonresidential Zoning Districts
C. Density and Dimensional Standards.
4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
EXPAND
Zoning
District
Minimum Land
Area per
Accommodation
or Residential
Unit (sq. ft. per
unit)
Minimum Lot Size [7] Minimum Building/Structure Setbacks [4] [8] Max.
Bldg Height
(ft.) [9]
Max. Lot
Coverage
(%)
Area (sq ft) Width (ft.) Front (ft.) Side (ft.) Rear (ft.)
CD Accommodation
Units Only =
1,800;SF & 2-
Family
(standalone) =
9,000;
Dwelling Units
(1st Floor) 1 unit
per 2,250 square
feet of gross land
area
Dwelling Units (
2nd or higher
floors) No
minimum gross
land area per unit
(Ord. 15-03 §3)
Accommodation
uses = 5,000
All other uses =
n/a
25
Minimum =
0
Maximum =
10
If lot abuts
an existing
developed
Single
Family
residential
property =
10;
All other
cases = 0
If lot abuts
an existing
developed
Single
Family
residential
property =
10;
All other
cases = 0
42; buildings
higher than 30
feet are
subject to
§11.5;
n/a
Proposed Amendment Language:
§ 11.5 – BUILDING HEIGHT GUIDELINES IN THE CD ZONING DISTRICT
A. Purpose. This Section is intended to provide clear and transparent design guidelines for
projects seeking to build above 30 feet in height in the CD Zoning District through
construction of new buildings or additions to existing buildings.
B. Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are
eligible to build to a maximum height of 42 feet, if consistent with the guidelines of this
Section. This Section's height allowance for downtown residential projects shall not be
available and shall not be applied in any zoning district except the CD zoning district.
C. Development and Design Standards.
1. Short-Term Rentals Prohibited. Housing units approved under provisions of this
Section shall not be rented, leased, or furnished for tenancies of less than thirty (30)
days. (see §5.1. B)
2. The highest floor shall include a step-back of no less than 8 feet from the property
line on any portion of the building facing a street right of way, river corridor, trail
corridor and any other public open area.
3. Building projects should demonstrate that they are meeting the design guidelines
below:
a. To encourage horizontal articulation, and to modulate the apparent size and
scale of a building, a portion(s) of the street facing façade should be stepped
forward or backward from the predominant facade plane of the building.
b. Storefronts and other buildings with non-residential uses on the ground level
must include a minimum of two of the following articulation features for every
30 feet or additional fraction thereof of continuous building frontage to create
a human scaled façade pattern:
i. Windows.
ii. Entries.
iii. Use of weather protection features such as a canopy.
iv. Change in roofline of a least 12 inches in depth.
v. Change in building material or siding style, as determined by staff.
vi. Articulation of a single building material through varying colors,
textures, or incorporating joints or an integrated trim pattern, as
determined by staff.
vii. Vertical elements, including but not limited to features such as a trellis
with plants, green wall, or art element.