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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission Study Session 2018-10-16Town of Estes Park, Larimer County, Colorado October 16, 2018 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held Rooms 202/203 of Town Hall. Commission: Chair Leavitt, Vice Chair White, Commissioners Schneider, Foster, Murphree, Smith, Theis Attending: Leavitt, Foster, White, Theis, Murphree, Smith Also Attending: Town Attorney White, Director Hunt, Senior Planner Woeber, Planner II Hathaway, County Liaison Whitley, Town Board Liaison Norris, and Recording Secretary Swanlund Absent: none Chair Leavitt called the meeting to order at 11:10 a.m. There were approximately 8 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Beaver Point Minor Subdivision Planner Hathaway described the subdivision, making three lots from one on the 2.85 acre property. Single family homes and up to 4 units in a single structure are allowed in accommodations zoning. Alarado Business Park Development Plan Planner Hathaway reviewed the mixed use commercial proposal. It has a 20 year restrictive employee housing covenant. A Variance was given for the residential footprint to be larger than the commercial footprint and for 3240 residential square footage as opposed to 800 sf. The applicant hosted two neighborhood meetings. The history of 800 sf residential requirement was originally a concept for employee housing on the same site as the business (caretaker). Traffic discussion: Eastbound extension on Hwy 34 has been preliminarily approved by CDOT. CDOT controls the highway with 2018 statewide standards. The question was raised if there are exception or appeal policies available from CDOT. It was suggested having Public Works Director Greg Muhonen attend a study session to explain CDOT interactions and processes. Attorney White explained that to approve a plan with a condition that is impossible for the applicant to meet is considered a denial. Fall River Rezone Planner Woeber reviewed the rezoning plan proposed by the Estes Park Housing Authority. Sale of property is contingent on it being rezoned to RM. A conceptual development plan has been submitted. There are other RM properties close to this lot and lack of vacant RM property and employee housing makes this a desired project. No opposition from neighbors. RMNP, having adjacent property, was notified but has not responded. It was noted that RM zoning can be used to the full extent if the rezone is approved, re: height and density bonus, especially given the amount of acreage on this lot. Town Board Update: Moratorium on Commercial in Residential Planning Commission Study Session October 16, 2018 – Page 2 Town Board member Norris reported on the two action items passed at the town board meeting on October 9: A 90-day moratorium on Parks and Recreation development in residential districts, which will give staff time to clarify and reword the 2017 code amendment, and the passing of the Code Amendment requiring applicants of a project with public review must have public meeting prior to submittal. Larimer County is on board with passing a similar moratorium which could be passed as early as Tuesday, October 23. Moratoriums can be ended early or extended if need be. Code Amendment Discussion: Parks and Recreation in Residential Districts Director Hunt explained the draft EVDC Code Amendment. This will be an action item for Planning Commission in November. The work should be completed by January, which falls into the 90 day moratorium approved by the Town Board. The Amendment has reconfigured definitions for three categories of land uses, making a 3-level hierarchy: Parks and Rec; Commercial Level (indoor and outdoor); Entertainment Events, major. He is attempting to use definitions to define rather than regulate. There is no legal or regulatory scope specifying that a label that says Residential as the name of the category means residential and only residential. Table 4-1 will clear that up. Table 4.2 defines S1 and S2 added in uses. Specific use should always have a use identified in it. All parks and rec use in residential districts will be S2 reviews which guarantees a community meeting and a public meeting. Single take away: A Residential District wanting Park and Rec use at any level of intensity will go to a public hearing. Traffic impact analysis will come at the Special Review stage. If a park and rec wants to do a commercial use in a residential zone, it will require a minimum lot size of 5 acres. The suggestion of reversing the Code Amendment from 2017 was not supported by staff. The Planning Commission, as well as the public, will be asked to read this Code Amendment and give input and Kate will be asked to do a press release. Further discussion on Special Review vs Land Use was had. Commissioner Theis mentioned that Special Reviews open up doors that have conditions which often get “forgotten” by developers or are never followed up on. Permitted Use does not mean unregulated or allowed use. Lunch break from 12:20-12:40 Guidelines for Findings Discussion Norris discussed “Findings” in motions, with the help of a handout (attached). Findings help the Town Board better understand the project before them. When Planning Commission is the final decision making body, it becomes more important to have the wording correct and accurate. Taking a recess is advisable at times, just to get your thoughts together and to give staff time to get the wording correct. Adding comments after the vote is appropriate. The PC speaks as a whole, not individually. He requested that the commissioners, both town and county, read the handout and email him suggestions/comments/questions. Vacation Home Discussion: Priority Issues Commissioners Leavitt discussed numerous vacation home issues (attached). These items were introduced for a future, more lengthy discussion. The town clerk will be mailing out renewals on December 17 so any changes would have to be prior to that date. A reasonable time frame for registration completion could help those on the waiting list. The possibility of a use it or lose it rule was discussed, as the purpose of opening up vacation homes in residential areas was increased revenue to the community. Wildlife Ordinance needs to be valley wide in the development code, not Planning Commission Study Session September 18, 2018 – Page 3 just in the municipal code. The county has a near identical code with wildlife for unincorporated areas. Bob will email handout to commissioners, town clerk and Linda for individual comments and this subject will be revisited at a later meeting. Future Study Session Items CDOT explanations/appeals-Public Works Vacation Home discussion Parks and Rec Code Amendment There being no further business, Chair Leavitt adjourned the meeting at 1:20 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary