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Home My WebLink AboutMINUTES Estes Valley Planning Commission Study Session 2018-08-21Town of Estes Park, Larimer County, Colorado August 21, 2018 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held Room 202/203 of Town Hall. Commission: Chair Leavitt, Vice Chair White, Commissioners Schneider, Foster, Murphree, Hull, Theis Attending: Leavitt, Schneider, Foster, White, Theis, Murphree Also Attending: Town Attorney White, Director Hunt, Senior Planner Woeber, Planner I Becker, Senior Planner Woeber, County Liaison Whitley, Town Board Liaison Norris, and Recording Secretary Swanlund Absent: Commissioner Hull Chair Leavitt called the meeting to order at 11:00 a.m. There were approximately 13 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Introduction of PC Members and staff Town Administrator Frank Lancaster spoke on a November ballot initiative that was approved, ballot issue number 74, “Just compensation for fair market value by government law and regulation”, funded by oil and gas industry and submitted through the farm bureau. It will allow property owners to seek compensation from municipalities if their land is devalued. This could have major ramifications for land use planning. Director Hunt referenced the Bert-Harris act in Florida as being something similar. Wind River Development Plan, Special Review (child care) and lot consolidation Planner Woeber summarized the Development Plan and Day Care special review. The amended plat is a staff level review and not in the scope of the Planning Commissioners review. Concerns were raised about landscaping with two lots vs one lot. Attorney White noted that lot consolidation is a use by right. It is an appealable issue, although staff level. Planning Commission concerns from June have been addressed by the applicant regarding the Development Plan. There are conditions to do curb and gutter by CDOT if plan is approved. Discussion was had to clarify section 1.6, Housing Cost Limits. The Day Care facility was reviewed and it was noted that the Development Plan and Special Review are not legally linked but have been treated as singular package by reviewing agencies and the public. Location and Extent-Upper Thompson Sanitation District Planner Woeber described the UTSD facilities and the plan for replacing the office and one garage stall in the exact same footprint. Estes Park Trolleys, Code Amendment and Special Review Planner Woeber stated that the second page of exhibit Red has been replaced with a new handout. The Bus/Sightseeing use is not addressed in Code, therefore this is the reason for this text amendment. The applicant has used up their two temporary use permits and needs this code amendment to continue to operate in their current location. The definition of “facility” will be Planning Commission Study Session August 21, 2018 – Page 2 discussed in the public meeting as well as on site employee parking. It was asked if this code change is meeting the need of a particular vendor or if there is a shortage of commercial properties. Director Hunt explained the zoning conditions and noted that there are at least two other various permutations going on right now that could benefit from this. Considerable discussion was had on what would and would not be allowed on site. Black Canyon Wedding Development Plan Planner Becker stated that this will be pushed to the October 16 Planning Commission meeting, as the applicants have not submitted updated plans. Neighborhood/Community Meetings Code Amendment Planner Becker reviewed the proposed Code Amendment change requiring developers to hold neighborhood/community meetings once a Development Plan has been submitted. Details have been taken from the city of Alachua, Florida. The meeting would use the same mailing list as the application, and this would not expand the time frame of the application. This would encompass everything that requires a public hearing. Any project of which there may be large community interest could be added, even if it is a staff level review with an appropriate code amendment. Rezoning is not covered in the table but is included in “Code Amendments”. Lunch break 12:00-12:20 EVCPAC18 (comp plan) Report Commissioner Foster discussed the first bi-monthly meeting of the EVCPAC, the committee formed to jump start the update of the Comprehensive Plan. Trustee Norris is the chairman of the committee. The goal of the next 3-4 meetings will be to come up with a deliverable RFP to a consultant by December 31, 2018. A community outreach plan to cover the public interest was mentioned. Trustee Norris added that meetings are every 2 weeks on Thursday at 3:30. Meetings are open to the public. Next meeting will develop what to include and not include in a table of contents, and initial thoughts on public outreach. The consultant picked for this phase is not necessarily the same consultant that will write the plan. Housing Needs study report: Trustee Norris reviewed the town board discussion, which included putting together a Town Board Committee for workforce housing and child care needs and issues, with Trustee Bangs and Assistant Administrator Machalek. It is clear that there is a need for housing but the actual number is not clear. The study doesn’t break down housing needs by category. Focusing on the solutions to the study’s 11 recommendations is the goal. Code Modifications Director Hunt suggested that it is time to amend Development Plan Review Requirements, Section 3.8, Table 3.3 of the Development Code. The table needs another column to be a complete table. The added column would say what happens if review doesn’t fall into either of the other columns (e.g. less than 10 parking spaces). Most codes for minimal parking spaces start at 3, not 10. Larimer County bases its reviews on use or square footage of the building. Hunt proposed fixing the “loop hole” with an amendment available for review by October. Planning Commission Study Session August 21, 2018 – Page 3 Zoning Map discrepancy Hunt summarized the original 1999 Zoning Map, dated as late as 2013, has a problem and was not accurate for approximately 10 years. Cross hatch symbols for open spaces were placed on the map, sometime around 2007, which should have never been added to the zoning map. Rules are very strict about adding to official zoning maps. A proposal to readopt the entire official zoning map, after thorough review by an independent auditor, to remove all question and doubt was advised. The legal document is The Map, circa 1999. We owe the community an apology for the inaccurate map being available to the public for the past 10 years. Dark Skies Initiative Commissioner White discussed how the Dark Sky Initiative came about, noting that “astro-tourism” is a new, trending market. Rocky Mountain National Park has already taken the steps toward an application process, which takes 1 to 2 years. If we go ahead with this, we would be the first National Park/Gateway community pair to do this. Director Hunt noted that EP Light and Power would be most affected by such a change, with a possible phase-in plan. More information and details will be discussed in the September meeting. Currently, our code requires this with new construction and vacation rentals. Mountain Coaster Hunt summarized the Mountain Coaster project, stating that it has been approved by staff and there is a high probability of an appeal. If the appeal is in regard to the development plan it could come to the Planning Commission. On August 6, when approval letter was issued, the clock started on the 30 day appeal process, which would make the deadline Wednesday, September 5. It is possible to have two appeals, one for use classification and one for development plan. The appeal then has 60 days to be brought before the decision making body. Future Study Session Items Vacation Home Regulations-October Dark Skies Initiative Zoning Map Secretary Swanlund suggested texting the Commissioners, rather than calling, to let them know when their note books are available for pick up. There being no further business, Chair Leavitt adjourned the meeting at 1:17 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary