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Home My WebLink AboutMINUTES Estes Valley Planning Commission Study Session 2018-09-18Town of Estes Park, Larimer County, Colorado September 18, 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, County Liaison Whitley, Town Board Liaison Norris, and Recording Secretary Swanlund Absent: Commissioner Schneider Chair Leavitt called the meeting to order at 11:00 a.m. There were approximately 5 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Introduction of PC Members and staff Chair Leavitt announced that Betty Hull has been removed from the Commission as of this morning by the Board of County Commissioners. He thanked Betty for her many years of service. The conditions of her removal relate to personal email use for Planning Commission business. Nick Smith, local businessman and County resident, has been appointed to take Commissioner Hull's place. Code Amendments: Director Hunt A) Neighbor/Community Meetings This item was approved at the August meeting, and will be on the October 9 Town Board agenda, the October 15 BOCC agenda and adopted 30 days after that. Materials documenting the applicant’s meeting are a requirement of the development application process for projects requiring a public hearing. B) Zoning Standards for parks and recreation in residential districts The origin of this comes from a Code Amendment in May, 2017 removing the word noncommercial from the definition of Parks and Recreation uses. The idea is to put more “guard rails” around park and recreation uses. Director Hunt commented that the Amendment was his proposal, not Planner Becker, as has been assumed, and was perhaps incomplete and simplistic. All questions should be directed to him. Hunt proposed an S2, Special Review Amendment with criteria for reviewing all proposed uses, public, private or commercial, with a public hearing for all uses in residential districts. An amendment restoring the word noncommercial is not supported by staff. Commissioner Foster noted that questions arise from the definition of recreational use (Chapter 13.3, 197) making them permitted by right in residential areas in table 4.1. Hunt answered that changing table 4.1 from P-Permitted to S2 Special Review for residential vs nonresidential, rather than changing the definition, is a better way to go. Commissioner Theis asked if Planning Commission Study Session September 18, 2018 – Page 2 rezoning would be an easier process than a Special Review. Hunt answered with three responses: • It is not easy to distinguish commercial and noncommercial projects • Rezoning puts all CO uses on the table for a given property • When you create a situation where property is rendered nonconforming, it should be assumed it will eventually become a conforming use/structure. Trustee Norris stated that there was interest from Town Trustees to expedite this rather than waiting for the completion of the new Comprehensive Plan. Hunt replied that this Code Amendment can be (in part) ready for the October meeting. Chair Leavitt suggested not rushing to judgement with deliberate discussions and an understanding of the consequences. C) Development Plan Exemptions/parking spaces Commercial development plans are not required, per EVDC Chapter 3, with 9 or fewer parking spaces. Amending the parking space threshold to 3 or more is the solution. Changing the number in code balances appropriate levels of review. Timing on this will be later in the year. D) Readoption of Official Zoning Map Realistically, it will be early 2019 before we have this complete. In short, this will involve the removal of cross hatches falsely declaring lots as open space as there is no zoning district for open space. Attorney White pointed out that from a legal perspective, the cross hatching is meaningless. The Town-owned Dry Gulch property is a short-term concern for this item. An independent audit of the zoning Ordinances adopted since November 1999 will take place. Development Standards for Density Bonus (parking, et al) In 2002 the 1.5 density bonus was introduced and in 2016 the current double density was passed. Neither of these looked at the whole picture. Landscaping, parking, setbacks, impervious surface…all need to be considered for adjustment in code where the bonus is employed. A reciprocal study is needed with the help of consultants, likely taking place in early 2019. Parking specifically needs to be looked at considering the recent projects that have come through the Planning Commission. Factual knowledge from housing projects around the valley would be helpful. Clarifying private drive vs private road also needs to be addressed. Dark Sky Update: Commissioner White has a mid-October meeting scheduled with the RMNP representative. Education is first step in the process. Street lighting is one of biggest producers of light. The next steps would be to touch base with “major players” (School District, Stanley Hotel…), focusing on setting standards and evolving from there. This is likely to be a one to two year process. Discussion on Appeals/BOA Appeals/Mountain Coaster The process for the Mountain Coaster appeal was discussed, referencing the flow chart created by Director Hunt. Three key public meetings will be held: BOCC, October 2, hearing on the use classification; BOA, October 16, reviewing who should review the development plan; and PC, October 30, to review the development plan. All meetings are subject to change, depending on extenuating circumstances. A reminder was given that these are all quasi-judicial and ex-parte communication banis in effect. Planning Commission Study Session September 18, 2018 – Page 3 Lunch break 12:15 Large Vacation Home Parking Discussion was had on the number of vehicles parked at Vacation Rentals and vehicles at homes in general. Large vacation homes have more occupants, but aren’t allowed extra cars. Hunt mentioned that the Town’s parking regulations date back to the 1980’s, and new standards are desperately needed. Findings in Motions discussion Chair Leavitt explained his desire to discuss findings to accompany PC decisions. Attorney White explained that legally, when no findings are made, the door is open for the legal appeal for the next hearing body. Lack of findings doesn’t narrow the focus of the appeal, however appeals tend to be reviewed completely anyway. He advised coming up with a consensus among the Commission prior to the motion, arguing that in a sense, the Planning Commission hasn’t spoken if no findings are given. Minutes should show minority as well as majority comments. The Chair can make the extra effort to get a consensus. Clarity in the findings helps all involved. EVCPAC18 Update Commissioner Foster recapped the last meeting of the Comp Plan Action Committee. Jeffery Boring, Estes Valley Land Trust, presented an open space and outdoor recreation plan. Recommendation of proposed table of contents in the RFP is the current goal of the Committee. In addition, identifying who is a stakeholder and making sure all are represented, informed and have input. Next meeting is Sept 19, 10:00, Chiquita Room at Community Center. Chair Leavitt noted that the Comp Plan is a positive way to bring the community together. Commissioner Comments/Questions Possibility of archiving meeting packets online Commissioner Theis conveyed that he had no plans to build an amusement park (Elkhorn Lodge), the story had its origins in a nonprofit plan with the Mayor and others years ago Director Hunt stated he will be out of office the month of November for a medical procedure. Future Study Session Items Vacation Home Regulations Dark Skies Initiative Parking: density bonus, general, vacation home There being no further business, Chair Leavitt adjourned the meeting at 1:20 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary