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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2023-05-16This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos ADVANCED PUBLIC COMMENT 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 10:00 a.m., the meeting day. All comments will be provided to the Commission for consideration during the agenda item and added to the final packet. __________________________________________________________________________ AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Tuesday, May 16, 2023 1:30 p.m. AGENDA APPROVAL PUBLIC COMMENT items not on the agenda (Please state your name and address). CONSENT AGENDA 1.Planning Commission Minutes dated April 18, 2023 2.Planning Commission Study Session Minutes dated April 18, 2023 ACTION ITEMS 1. Preliminary Plat Habitat on Raven Senior Planner Woeber Proposed five-lot subdivision 2. Rezone 685 Peak View Senior Planner Woeber Proposal to rezone a 7.62-acre property from E-1 Estate to R-1 Single-Family Residential DISCUSSION ITEMS: ADJOURN 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. May 8, 2023 1 2 Town of Estes Park, Larimer County, Colorado, April 18, 2023 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on the 18 day of April 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Chris Pawson. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Commissioner Pawson, Director Jessica Garner, Planner I Kara Washam, Recording Secretary Karin Swanlund, Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Elkins Chair Comstock called the meeting to order at 1:33 p.m. There were five people from the public in attendance. AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. ACTION ITEMS It was moved and seconded (Hanson/Pawson) to keep the status quo for officers, with Comstock remaining Chair and Heiser remaining Vice Chair. The motion passed 4-0. DISCUSSION: There will be a follow-up on CPAW in May. Two items are currently on the agenda for May: 685 Peak View Rezone and Habitat on Raven Subdivision. There being no further business, Chair Comstock adjourned the meeting at 1:40 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary dra f t 3 Town of Estes Park, Larimer County, Colorado, April 18, 2023 Minutes of a Study Session of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on the 18 day of April 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Chris Pawson Attending: Comstock, Hanson, Heiser, Pawson Also Attending: Director Jessica Garner, Planner Kara Washam, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: Elkins Chair Comstock started the meeting at 12:00 p.m. Ayres Associates, the consultants working on the Missing Middle Code Amendment, were present and presented their current findings. Mike Scholl reviewed what was discussed at the March Study Session. The Housing Needs Assessment and the Strategic Plan were used to research the Missing Middle strategy. Two new zone overlay districts are being considered to amend Chapter 9. Planned Unit Developments of the Development Code: Mixed Neighborhood Residential and Neighborhood Village. Matt Ashby explained that because of the unique geography of Estes Park, alternate types of middle density are being reviewed, allowing for flexibility in building types and project plans. The overlay district would be up to the developer. Flexibility in addressing the neighborhood's overall character by mixing unit design will be necessary. Ownership, affordability and design standards are all still being looked at. This would be a multi-step process: new zone district, rezone, platting the site and planning of the development. Key questions to consider: Is this a workable approach; what is the balance of required open space vs. affordability, landscaping and parking requirements? There being no further business, Chair Comstock adjourned the meeting at 1:20 p.m. ______________________________ Recording Secretary Swanlund dra f t 4 5 COMMUNITY DEVELOPMENT Memo To: Chair Matt Comstock Estes Park Planning Commission Through: Jessica Garner, AICP, Community Development Director From: Jeffrey Woeber, Senior Planner Date: May 16, 2023 Application: Raven Subdivision Preliminary Plat Habitat for Humanity of the St. Vrain Valley, Inc. (Owner/Applicant) Van Horn Engineering and Surveying (Representative) Recommendation: Staff recommends the Planning Commission forward a recommendation of approval to the Town Board of Trustees, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use): Mixed Residential Neighborhood Existing Zoning District: RM (Multi-Family Residential) Site Area: 0.82 Acre PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Applicant requests the Planning Commission review the proposed Preliminary Subdivision Plat to create five lots in an RM (Multi-Family Residential) Zoning District. Location: The property is legally described as Lot 2A, Ward Minor Subdivision. It is located approximately 300 feet east of the southeast corner of the intersection of Lone Pine Drive and Raven Drive. Background: The 0.82-acre subject property in the RM (Multi-Family Residential) Zone District is undeveloped and was created through the Ward Minor Subdivision in January 2021. The Minor Subdivision was completed in anticipation of further subdividing the property, enabling Habitat for Humanity to develop single-family residences on five proposed lots. According to their mission statement, "Habitat is dedicated to providing decent, 6 PLANNING COMMISSION, MAY 16, 2023 RAVEN SUBDIVISION PRELIMINARY PLAT PAGE 2 OF 6 affordable housing for low-income families in the St. Vrain Valley School District and Estes Park." The Board of Adjustment (BOA) approved a variance to allow a lot width of 50 feet in lieu of the 60-foot minimum required in RM Zoning in October 2021. The variance expired in October 2022, and the BOA approved another similar variance on January 3, 2023. There was no opposition or concerns raised in either variance process. Project Description: Habitat for Humanity plans to develop the five proposed lots with single-family residences in the RM zone, which are use by right. Habitat for Humanity will construct the dwellings and sell the homes to individual, qualified buyers. Location and Context: Project Location, Zoning 7 PLANNING COMMISSION, MAY 16, 2023 RAVEN SUBDIVISION PRELIMINARY PLAT PAGE 3 OF 6 Vicinity Map Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Subject Site Mixed Residential Neighborhood RM (Residential) Residential North Mixed Residential Neighborhood RM (Multi-Family Residential) Residential South Mixed-Use Centers & Corridors A (Accommodations) Accommodations, Motel East Suburban Estate E (Estate) Residential West Mixed Residential Neighborhood RM (Multi-Family Residential) Residential, Condominiums 8 PLANNING COMMISSION, MAY 16, 2023 RAVEN SUBDIVISION PRELIMINARY PLAT PAGE 4 OF 6 Project Analysis Review Criteria Per the EPDC, Chapter 3 Review Procedures and Standards, Section 3.9.C.1., General, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Section 3.2 requires a Planning Commission review and recommendation of the preliminary plat, with the Town Board's final action (approval or denial) as the decision- making body. The final plat goes only to the Town Board. The Applicant intends to submit a final plat application soon. Depending upon the project's complexity, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the criteria based on issues relevant to any particular project. 1. Lots. The Raven Subdivision is a resubdivision of Lot 2A of Ward Minor Subdivision, approved and recorded in early 2021. Lot 1A, adjacent to the west of Lot 2A, contains the Northlake Condominiums. The five-lot subdivision of Lot 2A was discussed during the Minor Subdivision review and approval process in 2020 and 2021. With approval of the variance allowing a 50-foot lot width (see above), the lots meet all applicable minimum zoning standards for the RM Zone District. 2. Comprehensive Plan. The subject property is designated as a Mixed Residential Neighborhood in the Estes Forward Comprehensive Plan's Future Land Use Map. This category "accommodates high density mixed residential development that facilitates the coexistence of townhomes, condos and multi-family complexes." There is a variety of existing development in this area of Estes Park and a variety of Future Land Use categories surrounding the subject property. Nearby uses include Accommodations, multi-family and single-family residential, commercial and service uses. The proposed subdivision is consistent with the surrounding area and with the recommendations of the Estes Forward Comprehensive Plan. 3. Grading and Site Disturbance. Limits of Disturbance. The EPDC Section 10.5.B.2 requires that limits of disturbance (LOD) be established with the subdivision of land. With platted easements, setback requirements, an existing 20- foot Drainage and Utility Easement and another proposed Drainage Easement, the building area of each of the five lots is limited to a specific location. This establishes limits of disturbance for the subdivision. 4. Open Space Area. The EPDC Section 4.3.D. requires residential subdivisions containing five or more lots to set aside a percentage of the gross land area for open areas. The proposed subdivision has 17.6% set aside for open space, which exceeds the minimum requirements. 9 PLANNING COMMISSION, MAY 16, 2023 RAVEN SUBDIVISION PRELIMINARY PLAT PAGE 5 OF 6 5. Geologic and Wildfire Hazard Areas. There are no Geologic or Wildlife Hazard areas within this subdivision area. 6. Water. The Town of Estes Park will provide water service to the five proposed lots. Town Utilities/Water has stated they can provide water with service lines using existing mains in this area and has "no objection" to the preliminary plat application. 7. Fire Protection. The Estes Valley Fire Protection District has reviewed this proposal and has provided comments. Specific requirements apply to building permit applications. 8. Electric. There is an overhead electric line across the subject area. There was some question about whether the proposed residential structures would have the 7.5-foot minimum required separation from this line. The Applicant has determined this distance can be met. This will be verified prior to the issuance of any Certificate of Occupancy. Power & Communications does not have any other issues or concerns. 9. Sanitary Sewer. Sewer service is provided by the Upper Thompson Sanitation District (UTSD). Revisions to easements were made to the preliminary plat as requested by UTSD, and with those revisions, UTSD has "no new comments." 10. Stormwater Drainage. A Utility, Grading and Drainage plan was submitted by the Applicant and revised as requested by Public Works. An onsite detention pond with drainage easement is proposed to capture stormwater flows from the project. Public Works notes a Final Drainage Report will be required with construction plans which will be finalized and approved prior to the recordation of the final plat. 11. Access. The two western lots, Lots 1 and 2, will have access by a single point from Raven Avenue, with Lots 3, 4 and 5 having individual access directly from Raven Avenue. An Access and Driveway Easement Agreement has been submitted for the common drive for Lots 1 and 2. This will be finalized and recorded with the final plat. 12. Public Right-Of-Way. There is no dedication of public right-of-way associated with this subdivision plat. Reviewing Agency Comments: The preliminary plat application was referred out for agency comments. Agency comments were received by Staff, which have been addressed with the revised plat submittal (attached). There are no outstanding issues. Public Comments: A neighborhood and community meeting regarding the project was held on February 23, 2023, at the Estes Park Library. There were eight attendees. The Applicant discussed the subdivision and the project and answered questions regarding the timeframe for the 10 PLANNING COMMISSION, MAY 16, 2023 RAVEN SUBDIVISION PRELIMINARY PLAT PAGE 6 OF 6 project, property valuation, and energy efficiency of the proposed development. Staff has meeting notes and a sign-in sheet on file. In accordance with the notice requirements in the EPDC, notice of the Planning Commission meeting was published in the Estes Park Trail-Gazette, on April 28, 2023. Notification was mailed to all required adjacent property owners on April 27, 2023. Staff has received no inquiries or opposition at this writing. Any comments submitted will be posted to: www.estes.org/currentapplications. Staff Findings: Based on the foregoing, Staff finds: 1. The Planning Commission is the Recommending Body for the Preliminary Plat. 2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the Preliminary Plat. Town Board approval of a Final Plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 5. The Preliminary Plat application complies with applicable standards set forth in the EPDC. Recommendation: Staff recommends approval of the Raven Subdivision Preliminary Plat. Sample Motions: 1. I move to forward a recommendation of approval to the Town Board of Trustees of the Raven Subdivision Preliminary Plat, according to findings of fact recommended by Staff. 2. I move to continue the Raven Subdivision Preliminary Plat application to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3. I move to forward a recommendation of denial to the Town Board of Trustees of the Raven Subdivision Preliminary Plat application, finding that … [state findings for denial]. Attachments: 1. Application 2. Statement of Intent 3. Preliminary Plat (Includes Grading, Drainage, Utility Plan) 11 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 Rezoning Petition Annexation Request Time 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) 12 13 14 Page 1 of 3 STATEMENT OF INTENT for the RAVEN PRELIMINARY SUBDIVISION PLAT of LOT 2A of the WARD MINOR SUBDIVISION, located in Section 20, Township 5 North, Range 72 West of the 6th P.M., Town of Estes Park, Larimer County, Colorado April 13, 2023 PROJECT LOCATION: The proposed development is within the Town of Estes Park, in Section 20, Township 5 North, Range 72 West of the 6th P.M. The property is located adjacent to and south of Raven Avenue which is north of US 34 and east of Lone Pine Drive. The property addresses will be off of Raven Avenue and there are no new named roads associated with this subdivision. OWNER: The owners of this land and the applicant is Habitat for Humanity with a contact of David Emerson. Habitat will own the property until their new owner qualification and application process is finalized, at which time, each lot will be deeded to new owners. PROJECT DESCRIPTION: This project is proposed as a 5 lot subdivision. The detention pond (non formal open space) will be included with the eastmost lot and will be covenant controlled for maintenance. Each of the four western lots are 5,975 s.f. in size and the eastmost lot contains 11,950 s.f. Density is calculated at 5/0.82 or 6.1 units per acre which meets the allowed RM zoning density. While the intent of this subdivision is to generally supply local workforce housing, no density bonus is requested or applied for. This property is within the annexation limits of the Town currently. There is a dedicated road (Raven Avenue) for the lot frontage. No new right of way dedication is proposed or needed. Utility Easements are proposed to be dedicated for the proposed utility needs associated with the buildout of this plan (see preliminary plan). As lots are built out under Habitat for Humanity processes, 5 lots with a house each will be sold individually and used as single family housing for owners and/or residents in the Estes Valley. This development is intended for local working families, and not vacation rentals. No zoning change is proposed as single-family residential development is allowed in the RM zone. An HOA with covenants will be formed for the proposed use and care of the common spaces and improvements. ACCESS: Currently the 0.82 acre single lot (2A) is vacant and has no internal roads or driveways. A single access point will serve the two western lots. The remaining three eastern lots will access directly from Raven Avenue. The purpose of the shared driveway on the west is to provide better sight distance given the crest vertical curve that exists on Raven Avenue. This project will easily provide access for emergency purposes by having individual or shared driveways close to (or on) Raven Avenue. Given the small size of the development, no traffic study was required. OPEN SPACE: While no formal ‘open space’ or outlot is proposed, this project includes relatively dense vegetation on the south and east sides. These vegetated areas have been reviewed and 15 Page 2 of 3 determined to not be a wetland. Nonetheless, we are proposing minimal impact to the vegetated areas on site. Two large deciduous tree clusters exist on site. The west of the two is directly under the proposed home construction on Lot 5, so will be removed. The east cluster of the two is directly over the sewer line that exists and will also be removed in time. UTILITIES (see individual utility notes below): This property is currently adjacent to all the main utilities. The main lines will be tied into via service lines and no main lines will be extended. ELECTRIC: The existing overhead utility lines along the south right of way for Raven Avenue are proposed to remain overhead. WATER: A water main exists in Raven Avenue and one trench is proposed to connect 4 of the 5 service lines to. The fifth lot is proposed to connect to the fire hydrant stub on the south side of Raven Avenue. Regarding fire protection, there is an existing hydrant on site (mentioned above). SEWER: There is an existing sewer main downhill from the proposed homesites and all 5 new houses are proposed to connect via 4” pvc separate service lines that exit the south side of each new home. Each service line will be able to provide sewer service by gravity flow. GAS: Gas service has not been worked out at this preliminary stage, but is planned to be secured from gas lines in the neighborhood. PUBLIC FACILITIES: Curb and gutter exist along the south side of Raven Avenue and a new 5’ wide public sidewalk (concrete) is proposed to be added along the subdivision’s frontage. The grade of the sidewalk will follow and be attached to the curb and gutter. The sidewalk will be within the public right of way. For non-access areas, curb height will be returned to existing 6” height. LANDSCAPING: This project requires landscape buffers along the north (non-arterial) road and the district buffer along the south (accommodation zoned property). The requirements for buffering of the streets and districts require significant landscaping that historically has overcrowded the trees so the future landscape plan (with final plat submittal) will likely propose an alternative. It is planned to utilize the required number of trees and shrubs, however distribute them throughout the property including around the proposed houses. Locating trees around the houses provides screening as well and will add to the visual appeal of the overall property. STORMWATER: This property is not close to a river, yet has an outfall flow path that can be used for the outfall from the detention pond that is proposed. The single detention pond is designed to capture the developed difference in flow and release at 90% of the historic flow, which will minimize-lessen stormwater impacts downstream. The pond is designed with an outlet structure with an orifice plate restriction to mimic the 90% historic flow. The location of the release is such that less adverse impacts will result downstream. There is a significant off-site pass through flow to the east that exists as a grass lined swale along the southern line of the property. This off-site flow is detained upstream in at least two detention ponds. No change to this off-site flow quantity is proposed and only enhancement of the existing swale and repair of one adjacent culvert is proposed (see notes on drainage sheet). The pond is intentionally kept shallow for safety and the side slopes are proposed at a 3:1 (H:V) ratio slope so that grasses will take hold, prevent erosion and look aesthetically pleasing. The pond is also curved and shaped to blend into the natural environment better than a rectangular pond would. 16 Page 3 of 3 ARCHITECTURE: Attached to this preliminary proposal are elevations and floorplans for a ‘typical’ house to be built on this subdivision once it is approved. SCHEDULE: The houses will not all be constructed at the same time, but a steady construction process is planned as families apply and are matched up with Habitat for Humanity. The utility service lines will all be installed at one time once approval is given for the subdivision. There is no formal phasing plan to build the homes by. OTHER:  This property was granted a Variance in January of 2023 by the Estes Valley Board of Adjustment to allow 50’ wide lots (where 60’ is the Code minimum).  A Neighborhood meeting was held in early March of 2023 for this subdivision. Minutes of said meeting are attached with this application.  All setbacks for the RM zone are met with the proposed construction within this proposed subdivision (as shown on the attached mapping).  A wetland study was completed by Van Horn Engineering (in 2009) and that determined that there are no wetlands present on the property. Dense vegetation exists in the south east of the property due to the concentration of storm drainage across this section of the property.  The property does not lie within a Mapped Estes Valley hazard area 17 18 19 20 COMMUNITY DEVELOPMENT Memo To: Chair Matt Comstock Estes Park Planning Commission Through: Jessica Garner, AICP, Community Development Director From: Jeffrey Woeber, Senior Planner Date: May 16, 2023 Application: Rezone from E-1 (Estate) to R-1 (Residential) Frank Theis, CMS Planning & Development, Inc., Owner/Applicant Recommendation: Staff recommends the Planning Commission forward a recommendation of approval to the Town Board of Trustees, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use): Suburban Estate Existing Zoning District: E-1 (Estate) Site Area: 7.62 Acres PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review the proposed request to consider and recommend approval of a “Zoning Map Amendment” (Rezoning) of 7.62 acres from E-1 (Estate) to R-1 (Single-Family Residential). See application materials, Attachments 1, 2 and 3. Location: The property is located west of the intersection of Peak View Drive and Devon Drive, approximately ¼ mile west of South Saint Vrain Avenue (State Highway 7). Background: The subject property is 7.62 acres in size, described as a portion of Lot 1 of Dannels Addition to the Town of Estes Park, filed in 1954. It is currently zoned E-1 (Estate), and contains one single family residence, constructed in 1965. The Applicant purchased the property in late 2022. 21 2 Project Description: The Applicant is an established developer in the Estes Valley, and proposes to create single- family residential lots at a size and density that can be relatively affordable. The current zoning designation, E-1 (Estate) has a minimum lot area requirement of one acre, and the Applicant proposes rezoning the property to R-1 (Single-Family Residential), which has a minimum lot area requirement of 5,000 square feet. The Applicant has submitted a concept plan for a subdivision, contingent upon approval of the rezoning request, which proposes 26 lots total, with two lots approximately ¼ acre, four lots approximately ½ acre, and the 20 remaining lots smaller than ¼ acre. The 20 smaller lots are designated as workforce housing. The statement of intent notes a preliminary subdivision plat will be prepared prior to Planning Commission review of the rezoning application. The preliminary plat would specify the size of the lots. No access to the site is proposed from Devon Drive, north of the subject property. The Koral Heights Subdivision to the north of Devon Drive includes a one-foot strip (“spite strip”) between Devon Drive and the subject property, which effectively prevents the Applicant from using Devon Drive for access. This is informational only at this point; access is a requirement that will be considered during any future subdivision review. Location and Context: Zoning 22 3 Vicinity Map Table 1: Zoning and Land Use Summary COMPREHENSIVE PLAN ZONING USES SUBJECT PARCEL Suburban Estate E-1 (Estate) Residential NORTH Suburban Estate Unincorporated County Residential SOUTH Suburban Estate E-1 (Estate) Residential EAST Suburban Estate E-1 (Estate) Residential WEST Neighborhood Village R (Residential) Residential Project Analysis: The proposed rezoning would allow the Applicant to move forward with development of the 7.62-acre property at a density higher than with the existing zoning. If the rezoning request is approved, a subdivision application is required. The Applicant will prepare a draft preliminary subdivision plat prior to the Estes Park Planning Commission (EPPC) hearing, although this is not a requirement to move forward with a rezoning application. A preliminary plat application will contain details of access, drainage, water, wastewater, electric, etc. The EPPC and Town Board 23 4 of Trustees have a role in the subsequent subdivision application processes, which each require additional applications involving a neighborhood and community meeting, public notice and public input, and public hearings. Review Criteria All applications for text or Official Zoning Map Amendments shall be reviewed by the EPPC and Town Board for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. In accordance with Section 3.3D “Standards for Review” of the EVDC, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Discussion: One documented condition that exists in the Estes Park area is a shortage of housing, particularly workforce housing and smaller lots to facilitate workforce housing development. Undeveloped, residentially-zoned property is nearly nonexistent. The Estes Valley Housing Needs Assessment & Strategic Plan (HNA) prepared for the Town of Estes Park Housing Authority (EPHA) and finalized in early 2023, provides several examples of the serious need for and shortage of housing and need for housing type diversity in Estes Park and the Estes Valley. Although the HNA provides recommendations and direction to the Housing Authority, they are based on exploration and analysis of housing issues and housing needs throughout Estes Park and the wider Estes Valley. The HNA, which updates the 2016 HNA, recommends collaboration with EPHA and the broader community and provides direction to decision makers on relevant housing issues. Some key points and examples in the HNA that illustrate a change in conditions are as follows:  A Priority Action is to “Increase Housing Supply.” (Strategic Plan, p. 7)  One recommendation to increase housing supply is “Public Private Partnerships for New Development.” (Strategic Plan, p. 7) Although nothing is in place at this point in the process for the subject application, the Applicant is examining potential partnerships to facilitate development within the project.  Under Section III, Housing Profile & Affordability Analysis, a Key Finding is, “The pace of housing unit growth in the past decade is the slowest since the 1960s. The number of units built since 2010 is only 42% of the average number of units built per decade in the 70s, 80s, 90s, and 00s.” (Section III, p. 1)  Another Key Finding is, “2,720 units will be needed by 2030 to address the current shortage of workforce housing and forecasted employment demand.” (Section III, p. 1)  From Section III, Housing Profile & Affordability Analysis, Housing Need, “About 2,720 new housing units are needed by 2030 to address the existing shortage and account for forecasted employment trends. Figure III-22 (below) illustrates the current housing need and shows how needs have grown since 2016 (the 2016 HNA identified a 1,530-unit housing need). The lack of housing construction and decreasing affordability of housing have increased the existing shortage of units – the “catch up” need. At the same time, retirement of current employees coupled with projected job growth continue to forecast additional need.” (Section III, p. 19) 24 5  Under Section IV, Community Engagement Findings, a Key Finding by Stakeholders is “Residential developers highlighted infrastructure costs and land availability as barriers to attainable housing development and encouraged the Town to pursue public-private partnerships for affordable and workforce development (e.g., incentives, subsidies, etc. for affordable production).” Emphasis by staff. (Section IV, p. 3)  A survey of residents and in-commuters, in a question regarding difficulty finding housing, finds “Survey respondents were also asked about their experience finding affordable housing that meets their household’s needs in the Estes Valley. Note that existing owners are excluded from this analysis as most have been in their current home for an extended period and their experience may not reflect current market conditions. Two-thirds of Estes Valley renters and half of Estes Valley in-commuters said it was “very difficult” to find housing that meets their needs in the Estes Valley. Fewer than one in ten said it was either “somewhat easy” or “very easy” to find housing meeting their needs.” (Section IV, p. 13)  A Stakeholder Perspective on Housing Supply, from community outreach for the HNA, is “The greatest housing need in Estes is increasing the Valley’s inventory of reasonably priced housing. Stakeholders believe that housing inventory has progressively worsened in the past five years and many perceive affordable housing in the Estes Valley as nearly impossible for year-round residents and families to attain.” (Section IV, p. 21)  Another Stakeholder Perspective, on “Barriers to residential development,” is, “Land limitations. The Estes Valley’s lack of developable land has also slowed housing production and made it more difficult to identify affordable housing solutions.” (Section IV, p. 23) 25 6 The above excerpts from the HNA all point to the need to add additional development and housing options in Estes Park, which is an ongoing change in conditions that have steadily worsened for prospective homeowners over the recent decades in Estes Park and the Estes Valley. Rezoning the subject property to provide additional single-family building sites can be one small step towards beginning to alleviate the housing shortage. There has been recent residential development that has changed conditions in areas in the general vicinity of the proposed rezoning. The Peak View Apartments, a Housing Authority project located approximately ⅓ mile east of the subject property, contains 26 multi-family units on approximately 4 acres. The Peak View Apartments were constructed in 2020. The Prospector Apartments are located approximately ½ mile northeast of the subject property. This project is currently under construction and involves 94 multi-family units on approximately 5.7 acres. Tangential, but critical, voters throughout the Estes Valley approved Ballot Measure 6E in November, 2022, which imposes a 3.5% lodging tax extension on the local marketing district to address local issues related to workforce housing and childcare. This mandate requires the Town to mitigate the housing shortage in Estes Park for the workforce, and will also require private development to provide attainable housing options of all types and levels of affordability in order to address the magnitude of the shortage. This further signifies the urgent need to address the changing and unsustainable conditions in the Estes Valley that repel the workforce and prevent families from calling Estes Park their home. Staff Finding: The proposed rezoning is necessary to address changes in conditions in the areas affected. 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 Discussion: Staff has waived the development plan requirement per Section 3.3.B.1 of the Estes Park Development Code: “All applications seeking to amend this Code to allow a change from one (1) zone district to a different zone district or seeking to amend this Code by changing the permitted uses in any zone district shall be accompanied by a development plan. This requirement may be waived by Staff if it finds that the projected size, complexity, anticipated impacts or other factors associated with the proposed development or subdivision clearly justify such waiver.” The EPDC implies that a “rezoning development plan” is necessary in order to determine whether a rezoning is consistent with the Comprehensive Plan. In fact, rezoning in and of itself is one of the legislative matters that should be reviewed for Comprehensive Plan consistency. Aside from this, the Applicant intends to create single family residential lots. This type of development does not trigger a requirement for a development plan under criteria within Section 3.8 of the EPDC. The Applicant will submit a preliminary plat application for the subdivision, which has some overlap with development plan submittal requirements including a drainage plan, provisions for utilities, and a traffic impact analysis. 26 7 There has been precedent in recent years with rezoning applications in Estes Park being processed and approved by the Town Board of Trustees that were not accompanied by a development plan. These include the following:  507 Grand Estates Drive. This 0.95-acre property was rezoned from CO (Outlying Commercial) to RM (Multi-Family Residential). It is now the location of Grand Estates Apartments. The Grand Estates rezoning was approved in February 2017.  Lot 2 of Castle Ridge Minor Subdivision was rezoned from RE (Rural Estate) to RM (Multi-Family Residential). This 6.996-acre property is located just west of the intersection of Fall River Road and West Elkhorn Avenue. The property was then acquired by the EPHA, who is currently processing subdivision and development plan applications proposing the development of 30 townhomes. Note, a significant portion of this property is not developable due to slopes and rock outcroppings. The Castle Ridge rezoning was approved in November 2018.  The Town-owned “Fish Hatchery” project, located near the intersection of Fall River Road and Fish Hatchery Road. This was a rezoning of 21.8 acres from A-1 (Accommodations) to RM (Multi-Family Residential). It was rezoned in order to move forward with a workforce housing project of an estimated 180 multi-family units. The Fish Hatchery project rezoning was approved in October 2022. The EPDC requirement in Section 3.3 to submit a development plan was waived for each of the three rezoning applications above. The Future Land Use map within the Estes Forward Comprehensive Plan (Plan) categorizes the subject property as “Suburban Estate.” The Plan’s recommendations for appropriate land uses in Suburban Estate include “Single family residential subdivisions with low to medium density,” as well as “Single family homes with accessory dwelling units.” Suburban Estate “…typically consists of medium sized single-family homes on lots that are at least a quarter-acre in size.” (p. 67) Although the concept plan proposed by the Applicant does include lots that are less than ¼ acre in size (0.25 acre), the gross density of the 26 proposed lots on the 7.62 acres is one dwelling unit per 0.293 acre. There is a Suburban Estate recommendation in the Plan where “New homes should be appropriately scaled for compatibility with existing neighborhood character.” This can be accomplished with the Applicant’s proposal. (p. 67) Staff notes that other than the lower- density single-family development in this area of Estes Park, there is an established subdivision (Prospect Mountain PUD/Subdivision) directly west of the subject property that consists of numerous lots ¼ acre and smaller in size. This was done through a Planned Unit Development (PUD) and subdivision, prior to the adoption of the Estes Valley Development Code in 2000. It is currently zoned R (Single-Family Residential). See Attachment 4, which provides the lot area of lots surrounding the subject property. The proposed rezoning/development and density of the proposed project is consistent with the existing character and density of this adjacent area, as well as the pattern of higher-density housing development that was initiated over 20 years ago. The Plan has nine Guiding Principles for the Estes Valley. One of these principles is “Housing opportunities sufficient to support a multigenerational, year-round community.” (p. 7) 27 8 The Housing section within the Plan, under Chapter 2, Policy Framework, reads, in part, “Demand for housing in Estes Valley has outpaced supply for years leading to decreasing affordability, overcrowding of the few housing options that are available, increasing reliance on commuters to fill jobs, and jobs going unfilled.” Goal No. H1 in that section is to “Ensure new housing meets the needs of the workforce and families.” The somewhat higher density proposed by the rezoning can help to accomplish this. Goal No. H2 in this section is to “Create new housing opportunities.” Goal No. H 2.2 recommends “The Town allows infill and redevelopment that provides for more housing with a focus to increase workforce and affordable options for all income levels.” (p. 36 and 37) Further, the Plan includes Appendix B, Existing Conditions Snapshots, and at the time of the report, the median family income in the Estes Valley was $84,400 and the 12-month rolling median sales price for single-family homes and condos has each risen almost 30% annually since 2016 (Page 21). The workforce in Estes Park needs a feasible path towards stable housing, and smaller lots with smaller footprints for developments can help reduce costs, especially if the lots are deed restricted for workforce housing. Staff Finding: The proposed rezoning is compatible and consistent with the policies and intent of Estes Forward 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: Service and utility providers have reviewed the rezoning application and indicated they are able to provide adequate services to this site. Review Agency Comments: This rezoning application was referred out to all applicable review agencies for comment. Agency comments received identified no issues or concerns with the rezoning. Specific recommendations were for the subdivision and development that may follow a rezoning approval.  The Larimer County Planning Department commented, “We have no concerns or comments at this time.”  The Larimer County Engineering Department commented “Since they (the applicant) are no longer planning to use Devon Drive, County Engineering does not have any comments related to potential impacts to Devon Drive, which is the primary access road into, and adjacent to, Koral Heights.”  Town of Estes Park Power and Communications “is fine with the rezoning of the area. Invoices will come once the utilities design comes in the next planning stages.”  The Town of Estes Park Utilities Department has “no objections” to the rezoning application.  The Upper Thompson Sanitation District (UTSD) has “no concerns with the rezoning of the parcel.” UTSD has provided an overview of requirements for subdivision and development of the property, including a sewer main extension and private laterals.  The Town of Estes Park Public Works Department “…finds there is no case to make in opposition to the applicant’s request for rezoning.” Public Works offered comment supporting the waiver of the EPDC requirement for a development plan, and provided 28 9 input regarding the preliminary concept plan submitted by the Applicant, with recommendations regarding required open space, trail requirements, and streets and access.  The application was referred to Colorado Parks and Wildlife (CPW). No comments from CPW were received at this writing. Staff reviewed the “Wildlife Habitat” map that was produced for the Estes Valley Comprehensive Plan in 1996. That map depicts the subject property as being within deer habitat, but not being within a primary movement corridor for deer or elk. Public Comments: Three neighborhood and community meetings regarding the rezoning project were held in the Estes Park Library, 335 East Elkhorn Avenue. The first was on December 15, 2022, the second on February 6, 2023, and the third on March 6, 2023. Each meeting was well attended. There was significant opposition voiced by attendees at all three meetings, with a few in support of the rezoning. There was input and discussion of impacts including traffic, visual impacts, wildfire evacuation, etc. In accordance with the notice requirements in the EPDC, notice of the Planning Commission meeting was published in the Estes Park Trail-Gazette, on April 28, 2023. Notice was mailed to all required adjacent property owners on April 27, 2023. Numerous comments have been submitted. All comments are posted to: https://drive.google.com/file/d/1sYStZqD_zlCQTCVtMf- Jw6qA71Fqw2ia/view?usp=share_link Of note, of the multiple comments submitted by the public, 16 households account for 69 public comments, and of those, three households account for thirty comments. Staff Findings: Based on the foregoing, staff finds: 1. The Planning Commission is the Recommending Body for the Zoning Map Amendment. 2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the Zoning Map Amendment. 3. Adequate public/private facilities are currently available to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 5. The Zoning Map Amendment application complies with applicable standards set forth in the EPDC. Recommendation: Staff recommends approval of the proposed Zoning Map Amendment. Sample Motions for the Zoning Map Amendment: 1. I move to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application, to rezone the 7.62-acre property from E-1 to R-1, according to findings of fact recommended by Staff. 2. I move to continue the Zoning Map Amendment application to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 29 10 3. I move to forward a recommendation of denial to the Town Board of Trustees of the Zoning Map Amendment application, finding that … [state findings for denial]. Attachments: 1. Application 2. Statement of Intent 3. Concept Plan 4. Map Depicting Density in Area of Subject Property 30 £fl.L SiL’LL --‘Eku-’t’tc,1tL’Ct 3O,T S4CE-AWLtL’t SvSDti’Sit) ESTES PARK PLANNING DEPARTMENTrz3 APPLICATION Submittal Date: Pre-App Q Boundary Line Adjustment Condominium Map Q Development Plan Q ROW or Easement Vacation Q Preliminary Map 13 Special Review 0 Street Name Change 0 Final Map 0 Preliminary Subdivision Plat •Rezoning Petition Q Supplemental Map Q Final Subdivision Plat 0 Annexation Request Q Minor Subdivision Plat 0 Time Extension Q Amended Plat 0 Other:Please snecifv [ t1minLflninnwn ProjectName L5?S PLA1.\jau.i R.azekst,\ Project Description IaZr Ac ca.Pftoeag..’-ry te sa gazLEs).-,_O f.-I sic rEMC vtt Description LOT I OAl’.1.I AX’D ri loyci,E*T C A R4<-cc Parcel ID#Z-53i 3ovcaI Gbmnnw. Lot Size tE Z.:V_jcFZ .‘Area of Disturbance in Acres Existing Land Use Proposed Land Use Existing Water Service Q’rown S Well Q None D Other (specify) Proposed Water Service Town Q Well Q None Li Other (specify) Existing Sanitary Sewer Service C EPSD Q UTSD Septic Li None Proposed Sanitary Sewer Service EPSD C UTSD C Septic Is a sewer lift station required?Q Yes No Existing Gas Service C Xcel Q Other None Existing Zoning —Proposed Zoning — Site Access (if not on public street) Are there wetlands on the site?C Yes No Site stakin must be completed at the time application is submitted.Complete?Yes C No mlM Name of Primary Contact Person FgJ3,i..a c Ti4c.i S CompleteMailingAddress PC,S7zEJ 4JtJC.,C4’flQl Primary Contact Person is Owner Applicant C ConsultantlEngineer Affiwa Application fee Digital Copies of plats/plans in TIFF olt POP fottFt p?lledto’ J54 Statement of intent planningestes.org i’”4..:1’--. 2 copies (folded)of plat or plan I C 11”X 17 reduced copy of plat or plan ::Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal reqOitánántS,’wlilth include ISO calculations,drainage report,traffic impact analysis,geologic hazard mitigation report, hazard mitigation report,wetlands report,andlor other additional information. Town of Estes Pork .P.O.Box 1200 -4.170 MacGregor Avenue .e-Estes Pork,CO 80517 Community Development Deportment Phone:(970)577-372!a Fax:(970)586-0249 -www.estes.org/CommunityDevelopment Revised 2020.04.23 ks 31 OtIS L,\ySj D\JLOP4jT (C P 0..i3o)c -4-fr,,EsVa5 ?fl4C.Ct)SDt7 9YC-2-$i--Z-c3C ,, M¼ ;+keiss ‘‘6?(AiL cEaH Applicant .<A-(C As Mailing Address Phone Cell Phone Fax Email •ConsultantlEngineer \IAM 1-0 Rv.a £.cZ iic,ErJ&i to& Mailing Address 1bt3 Ft 544 C#E-a4c P-i),asma.s PAJc CO g&cfl Phone 47Q’)sg% Cell Phone Fax Email Ca.aptkarA1eap,i.’ecrL&-,e1 CCi MINERAL RIGHT CERTIFICATION 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. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT:M @ LsNscf.S6 Zfli I)t-vjniMtt’.,rr. Signatures: Record Owner Applicant That c Date 7t — Date II — -__•-7 ,‘—4,-—-— 0;—az Record Owner(s) Mailing Address Phone Cell Phone Fax Email ‘-4 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. Applicant PLEASE PRINT: Revised 2020,04.23 ks 32 __________________________________________________________________________________________________________________ CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200 STATEMENT OF INTENT Rezoning of 685 Peak View Drive in Estes Park, Colorado CMS Planning & Development, Inc. - Applicant (Revised 5/10/23 Based On Neighborhood Input) The subject property is 7.62 acres located between on the north side of Peak View Drive, approximately 1/3 mile west of South Saint Vrain (Highway 7) in Estes Park, Colorado. It is an open, gently sloping property with a few scattered pine trees, a southerly exposure, good views, and an existing 2-bedroom house in the center of the lot. It is currently zoned E-1, which allows 1-acre minimum single-family residential lots. The changes that are being proposed: 1) To rezone the property to R-1, which allows 5,000 square foot minimum single- family residential lots. 2) To subdivide the property into 26 single-family lots. The intent is to build a single-family neighborhood of small, reasonably priced houses. The HOA covenants will not allow short-term rentals and will restrict the size (1,400 sf maximum) and height (single-story) of the houses on twenty of the smaller lots. Proposed Density R-1 zoning allows down to a 5,000 sf lot size, and with 15% of the land designated as open space, down to a 4,250 sf lot size. This proposed rezoning includes: Total Land Area 331,927 sf 7.62 acres Gross Density – 26 Lots 12,768 sf/Lot .293 acres/Lot Open Space 51,200 sf (49,789 sf is required) Street R.O.W. 56,250 sf Net Density w/o R.O.W. 10,650 sf/lot .243 acres/lot (includes two ¼-acre lots and four ½-acre lots) Workforce Housing The applicant is planning to designate the 20 smallest lots for workforce housing. The six larger lots will not be designated as workforce housing. Preliminary Plat A Preliminary Plat for the proposed subdivision will be prepared prior to the Planning Commission Hearing for this rezoning. It will include a drainage study and a traffic study for the proposed development. 33 __________________________________________________________________________________________________________________ CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200 Standards For Review As per the Estes Park Development Code section 3.3.D, the following are required for a rezoning: 1) The rezoning is necessary to address changes in conditions in the areas affected. The increased need for attainable housing, of all types, for people who live and work in the Estes Valley, combined with the lack of available land for such development, has created a significant change in the land use needs compared to when the property was originally zoned. 2) The concept plan for the subdivision of the property is compatible and consistent with the policies and intent of the Comprehensive Plan as outlined in the Implementation Plan section BE 3.B and BE 3.F which says the Town should encourage attainable and workforce housing. Also, in sections H2.D, H2.E, H2.I, and H2.J of the Implementation Plan recommend actions by the Town to encourage higher-density, deed-restricted housing development, and section 4.B directs the Town to “Evaluate and implement selected recommendations from the Workforce Housing Task Force and Housing Needs Assessment and Strategic Plan”, both of which encourage higher density residential development of all types. 3) The Town, and other relevant service providers, have the ability to provide adequate services required if the application is approved. 34 35 Koral Heights Subdivision Prospect Mountain PUD/Subdivision Peak View Subdivision Majestic Pines Subdivision SUBJECT PROPERTY P E A K V I E W D R S S AIN T V R AIN A V E J U N I P E R D R DEVON DR ACACIA DR LONGS DR T W I N D R PROSPECT MOUNTAIN RD S U N N Y MEADL N DEKKER CI R C U R R Y D R D AR C Y D R M E E K E R D R HIGH ACR ES DR 1.82 1.33 1.681.19 0.48 0.54 1.26 0.340.66 0.350.5667 1.18 0.57 0.7 1 1.28 0.61 1.68 0.48 0.24 0.220.260.24 14.43 3.44 4.11 1.171.01 0.51 0.64 0.88 0.840.51 0.250.42 0.9041 10.950.911.64 0.932.22 0.84 1.002778 1.79 0.5829 0.73 7.62 0.69 0.75 0.69 0.98 0.64 0.73 0.76 0.64 0.22 0.740.5 0.7 0.71 0.71 0.88 0.840.82 0.5 0.75181.03 0.3 1.68 1.03 0.95 1.19 1.37 0.67 0.65 0.5667 0.16 0.5 0.090.22 0.54 1.31.25 0.67 1.28 0.5897 1.37 0.67 0.540.59 1.01 1.16 0.5 1.04 0.46 1.45 0.37 1.19 0.53 1.06 0.579 1.25 1.28 1.32 1.065 0.29 0.66 1.03 1.37 0.67 0.41 0.94 0.95 1.76 0.61 0.220.18 0.65 2.78 1.05 0.58 0.42 0.1 0.09 0.5 0.39 This draft document was prepared for internal use by the Town of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon. For illustrative purposes only.0 100 200 Feet 1 in = 190 ft±Town of Estes Park Community Development Lot Area Acreage Shown Per Town GIS 36 PUBLIC COMMENT FOR 685 Peak View CAN BE FOUND HERE: htps://drive.google.com/file/d/1sYStZqD_zlCQTCVt Mf-Jw6qA71Fqw2ia/view?usp=share_link estes.org/currentapplica�ons Rezonings/Annexa�ons Rezone: 685 Peak View Public Comment 37