The URL can be used to link to this page

Home My WebLink AboutMINUTES Estes Valley Planning Commission Study Session 2019-05-21Town of Estes Park, Larimer County, Colorado May 21, 2019 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes Valley, Larimer County, Colorado. Meeting held in Rooms 202/203 of Town Hall. Commission: Chair Leavitt, Vice Chair White, Commissioners, Foster, Murphree, Smith, Theis Attending: Leavitt, Theis, Murphree, Smith, White, Foster Also Attending: Town Attorney White, Town Board Liaison Norris, Director Hunt, Planner II Hathaway Planner I Hardin, Planning Tech Claire Kreycik, Senior Planner Woeber, and Recording Secretary Swanlund Absent: none Chair Leavitt called the meeting to order at 3:30 p.m. There were 10 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Vacation Home Cap/Review Dates Director Hunt stated that staff is not recommending raising the cap. The wait list is currently at 30. Having the renewal date in April is not feasible, as the closing date for Vacation Homes isn’t until March 31. Staff would like to change the code language from April of every year to the Second Quarter of every year (April, May or June). This gives more leniency for processing and compiling information. A June code amendment should be attainable for doing this. Leavitt noted that Vacation Homes raise the selling price of real estate, and he requested that be listed as a disadvantage in the staff report. A decrease in the cap would allow more properties to be available for long term rental. Hunt reported that administration for Vacation Home’s is being transferred to the Town Clerk and Code Compliance is being transferred to the Police Department. It was requested that the Board of Trustees look at the IGA to see if this move is allowed. Linda Hardin is now acting as Planner I. Gated Communities Code Amendment Claire Kreycik reviewed the upcoming Code Amendment disallowing Gated Communities. The main objective is to ensure safety to residents. Police and fire departments are not in favor of gated communities for this reason. There has been a pre-app submitted requesting a gated community; this amendment would be giving direction to this proposal. The current gated communities would be grandfathered. This would apply to communities of three homes and above. PC has jurisdiction over private roads, town and county have jurisdiction on public roads. Where do livestock gates fit in to this amendment? Larimer County Engineering is in favor of this restriction. Theis asked why amend the code when the PC needs to approve plans anyway. Researching what Larimer County policy is was suggested. Wildfire Project Planner Hathaway gave a quick rundown of the Wildfire project. It includes annexation, rezoning, subdivision plats, and development plans for single family homes (14), townhomes (26) and condos (88). The next PC meeting (June) will hear the rezone and preliminary plat, August PC meeting would hear the Development Plan. The applicant is asking for a density bonus on the 88 condos, which will be deed restricted, market rate workforce housing. The Town Board will make a decision on the pre-annexation at the May 28 meeting. If it is denied, the project could still be reviewed, but with Larimer County engineering. There is no town policy for annexation, it is strictly discretionary Grady Minor Subdivision Planner Hathaway reviewed the application for a Minor Subdivision at 625 West Elkhorn. The property is currently unplatted and the owner wants to create two lots from the single lot. Parking memo-Ayres Associates Planner Woeber discussed the evaluation that Ayres Associates did for residential parking. The current code recommends 1.75 spaces per unit. Staff is recommending 1.7 parking spaces per unit for one to three story units which matches the ITE manual. The study excluded employee housing, which needs be clarified. Wind River and Grand Estates will be a good test to see how the density bonus affects parking in new developments. Hunt stated that Ayres will be researching all of the Planning Commission Study Session May 21, 2019 – Page 2 density bonus issues in the near future. Foster asked why not go with the 1.8 number that is being used for the Wind River project since this project is more site specific than the ITE. Mountain Coaster update Attorney White discussed the May 1 decision on the appeal on the Board of Adjustment decision to approve the staff decision of reviewing the Mountain Coaster Development Proposal at a staff level. The Judge ruled that the BOA should have been the body that decided the Use Classification and that a Location & Extent review should have been used due to the fact that our Code does not specify that private property isn’t subject to an L & E review. This is in direct conflict with the previous ruling by another Larimer County District Court Judge. The BOA will decide whether or not they want to appeal this decision at their June 4 meeting. It is possible for the PC to get this remanded back to them, therefore quasi-judicial (ex-parte) is still in effect. There is no current injunction keeping the Mountain Coaster from moving forward. Hunt noted that the Park and Recreation code amendment will be on the Town Board agenda on May 28. There are complications and concerns due to the recreation use inventories currently taking place in residential zones. Downtown Height Increase Planner Woeber discussed the height restrictions in the Commercial Downtown zoning area. Currently there is a 30 foot height limit. The 2017 Downtown Plan suggests that three story buildings be allowed. Hunt added that this is resurfacing due to the Town Board questioning what is happening with the Downtown Plan. Theis noted that consideration should be taken into account in regard to sun/shadows; raising the height on the north side of Elkhorn does not cause as much of a shadow affect. Town Board is looking at 2020 to begin implementing the Downtown Plan. Bringing this to the PC now gives reasonable deliberation time. Distribution of the plan to Commissioners and Trustees would be a good idea. Zoning vs Development Director Hunt explained the subject stating that it arose from the rezone that recently took place on Dry Gulch Road. We should be cautious rezoning properties that leave them nonconforming; this was not done in the 2000 rezoning process. Usage of adjacent properties should be taken into consideration. Without a new comp plan, it is hard to identify conditions and move forward with zoning change proposals. Redevelopment protocol is needed. Norris stated that to combat the comp plan we should make decisions based on the current plan and clearly spell out the basis for findings beyond the comp plan. Foster asked what the plan is related to the IGA as we are in a deadlock until that is figured out. Norris answered that the staff and elected officials within the two organizations are not in alignment with each other. The town has taken the lead on how to move forward. Staff level discussions should be taking place within the next few weeks. Wildlife Study Chair Leavitt reviewed the 2008 Estes Valley Habitat Assessment hoping to resurrect it and provide updated information for the Development Code. This was adopted by the PC, but not the town. Staff does send all reviews to the Colorado Parks and Wildlife, but is unaware of this study. Wildlife is reviewed but not allowed to be a decision making subject. Review and discuss what can be done with the PC’s wildlife review and climate change in projects. Questions/Discussion Submit items for Study Session around the beginning of the month. Have the After Action report be made the day following the meeting, perhaps with less information Videos of meetings are retained one year, plus one year, per the Town IT department. If it is town policy, not state policy, possibly lobby for a change. Check with IT on this. Future Items Density Bonus issues-Ayres Associates Downtown Plan review Wildlife Study/Colorado Parks and Wildlife speaker? “Commissioner Talks” Chair Leavitt adjourned the meeting at 5:27 p.m. Planning Commission Study Session May 21, 2019– Page 3 _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary