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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2024-08-20This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos ADVANCED PUBLIC COMMENT Public Comment Form: Members of the public may provide written comments 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. on the day of the meeting. 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 Town Hall Board Room Tuesday, August 20, 2024 1:30 p.m. INTRODUCTIONS AND ANNOUNCEMENTS ELECTION OF CHAIR PRO-TEM FOR THIS MEETING AGENDA APPROVAL PUBLIC COMMENT CONSENT AGENDA 1.Planning Commission Minutes dated July 16, 2024 2.Study Session Minutes dated July 16, 2024 ACTION ITEMS 1. Conditional Use Permit for Accessory Dwelling Unit Nick Thomas, Owner/Applicant 230 Cyteworth Road Planner Washam DISCUSSION ITEMS ADJORN 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. August 05, 2024 1 2 Town of Estes Park, Larimer County, Colorado, July 16, 2024 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 July 16, 2024. Commission: Chair Matt Comstock, Vice Chair Charles Cooper, Chris Pawson, David Arterburn, Dick Mulhern Attending: Commissioners Cooper, Pawson, Arterburn, Mulhern, Community Development Director Steve Careccia, Senior Planner Paul Hornbeck, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer Absent: Comstock Vice Chair Cooper called the meeting to order at 1:30 p.m. There were 12 people in attendance. AGENDA APPROVAL It was moved and seconded (Pawson/Mulhern) to approve the agenda. The motion passed 4-0. INTRODUCTIONS New Commissioners David Arterburn and Dick Mulhern were introduced. PUBLIC COMMENT: none CONSENT AGENDA APPROVAL It was moved and seconded (Pawson/Cooper) to approve the consent agenda. The motion passed 3-0, with Mulhern abstaining. ACTION ITEMS Preliminary Subdivision Plat 242 Virginia Drive Senior Planner Hornbeck The proposed subdivision, in Residential Multifamily zoning, would create six residential townhome lots. Per EPDC § 3.8, a Development Plan is required for the townhome buildings and is subject to staff review. At the same time, the subdivision is subject to Town Board review, with a recommendation from the Planning Commission. Staff recommended approval of the Preliminary Subdivision Plat. DISCUSSION: There was considerable discussion regarding stormwater drainage. Emergency access is an existing easement. Parking requires a minimum of 12 spaces; the plan has 18. However, only 17 are seen on the Site Plan. Chuck Bailey, applicant, purchased the property in 2016 and demolished the existing structure. This is a unique lot, close to town, and fills a gap in this type of housing. PUBLIC COMMENT: Chris Lozing, Chair for Estes Highlands Homeowners, expressed concerns from neighbors to the east about drainage, building height and traffic. A lot of drainage flows down Virginia Drive. Dan Timbrell, 131 Willowstone Dr, has drainage concerns due to the slope of lots one and two, which will be draining to the north. Elk and deer use this lot often. Robert Bales, 140 Willowstone Dr, also expressed concerns about wildlife habitat and drainage. DISCUSSION: draf t 3 Planning Commission – July 16, 2024 – Page 2 Chuck Bailey responded that Public Works has reviewed this plan and made their comments. There were three buildings on this site previously. An underground storm drain will divert a large part of the drainage. The curb and gutter will also help the runoff. The buildings at Willowstone are 30 feet high. It was moved and seconded (Mulhern/Arterburn) to forward a recommendation of approval to the Town Board of the Preliminary Subdivision Plat, according to findings and conditions recommended by Staff. The motion passed 4-0. REPORTS: Director Careccia reported that Chair Comstock has resigned from his position, and elections for Chair and Vice Chair will take place at the next meeting. The Colorado APA conference will be held in Loveland in October, and any Commissioner is invited to attend. There being no further business, Vice Chair Cooper adjourned the meeting at 2:30 p.m. _______________________________ Vice Chair Cooper Karin Swanlund, Recording Secretary draf t 4 Town of Estes Park, Larimer County, Colorado, July 16, 2024 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 16 day of July 2024. Commission: Vice-Chair Chuck Cooper, Chris Pawson, David Arterburn, Dick Mulhern Attending: Cooper, Pawson, Arterburn, Mulhern Also Attending: Director Steve Careccia, Planner Paul Hornbeck, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund Absent: none Vice Chair Cooper started the meeting at 12:30 p.m. Planner Hornbeck gave a high-level description of Planned Unit Developments (PUDs). It is a land use tool that can provide flexibility from standard district requirements. PUDs are an overlying district, with the underlying zone district remaining in place. It encourages innovative design and efficient use of open space, among other things, in nonresidential districts. The Comprehensive Plan, through the Future Land Use Map, calls out areas for mixed- use centers and corridors. Staff recommends giving the Town Board, rather than the Board of Adjustment, the authority to increase density in commercial areas. The Planning Commission would make the recommendation to the Town Board. Summarized answers to questions from red-line changes to the code: •Refinements to the Plat will take place during the review process •PUD is essentially a rezoning. Preventing this as a workaround is essential. •Open space reduction to 10% focuses on the quality, not size, for infill of open space. A tiered approach could be considered. •42-foot height matches the Commercial Downtown height limit. •25-foot setback is more significant than the current setback for a 2-story building. Be considerate of development adjacent or abutting residential zone districts. More involvement from the Planning Commission makes this a better product. This code amendment is an interim solution until the Development Code update is complete. It was noted that the Wildlife Corridor Map update is needed. There being no further business, Vice Chair Cooper adjourned the meeting at 1:25 p.m. ______________________________ Recording Secretary Swanlund draf t 5 6 COMMUNITY DEVELOPMENTMemo To: Estes Park Planning Commission Through: Steve Careccia, Community Development Director From: Kara Washam, Planner I Date: August 20, 2024 Application: 230 Cyteworth Road Conditional Use Permit for an Accessory Dwelling Unit (ADU) Nicholas Thomas (Owner/Applicant) Recommendation: Staff recommends the Estes Park Planning Commission approve the Conditional Use Permit request, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use): Neighborhood Village Existing Zoning District: R (Single-Family Residential) Site Area: 0.11 Acre PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Applicant requests the Planning Commission review the proposed 230 Cyteworth Road Conditional Use Permit for an Accessory Dwelling Unit (ADU) in an R (Single- Family Residential) Zoning District. Location: The property is located approximately 550 feet southeast of Moraine Avenue, near East Riverside Drive, addressed as 230 Cyteworth Road. Background: To help alleviate the workforce and attainable housing shortage in Estes Park, the Town Board approved a Code Amendment to the Estes Park Development Code (EPDC) in January 2022 to allow ADUs on most residential properties which previously prohibited them. An ADU is defined in the EPDC as “…a second dwelling unit which is integrated either with a single-family detached dwelling structure or with a detached accessory structure on the same lot as the principal dwelling.” Under the new regulations, a lot with 7 residential zoning that is not at least 70% of the required minimum lot size may have an ADU with approval of a Conditional Use Permit (CUP). A CUP is required for certain uses that may be considered appropriate in a particular zoning district as long as specified requirements in the EPDC are met. Project Description: The existing residence incurred significant damage by a fire originating in the basement in 2019. The previous owner began the process of an extensive remodel in 2020. The current owner (applicant) purchased the property in March 2023 and applied for a new building permit in May 2024 (Attachment 3) to complete the work. The building permit does not include the portion of the basement subject to the CUP application for the proposed ADU. Contingent on approval of the CUP, the applicant will apply for an additional building permit to complete the basement remodel. The applicant proposes converting approximately 236 square feet of an existing basement into a small, studio ADU (Attachment 4). The ADU will be sprinkled and insulated. The applicant will provide one (1) space of parking for the ADU, as required by EPDC § 5.2.B.2.a.(7). The applicant wishes to use the ADU for long-term workforce housing or for personal use. The ADU shall not be used as a short-term rental unit, as prohibited by EPDC § 5.2.B.2.a.(3). Accessory Dwelling Unit (ADU) Floor Plan: 8 Location and Context: Zoning Map Table 1: Zoning and Land Use Summary Subject Neighborhood Village R (Single-Family Residential North Downtown RM (Multi-Family Residential South Mixed Residential RM (Multi-Family Residential, East Neighborhood Village R (Single-Family Residential West Downtown RM (Multi-Family Residential 9 Vicinity Map Project Analysis Review Criteria The subject property, zoned R, is 0.11 acre in size, or 44% of the 0.25 acre minimum lot size required for the R zoning district. Section 5.2.B.2.a.(8)(b) of the EPDC requires a legally-nonconforming lot that does not have at least 70% of the required minimum lot area to “pursue Accessory Dwelling Unit approval by application for a conditional use permit”. Section 3.16 of the Development Code contains procedures and standards for approval of a Conditional Use Permit, and staff’s comments are below: § 3.16 Conditional Use Permit A. Procedures for Approval on Conditional Use Permit. Applications for approval of a Conditional Use Permit shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications. 10 a. Staff Comment: The application follows the CUP approval process as prescribed. B. Standards for Review. All applications for a Conditional Use Permit shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," or Chapter 14, "Wireless Communication Facilities (WCFs)" of this Code, as applicable, and the following requirement: The application for the proposed Conditional Use Permits mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services and the environment. a. Staff Comment: The Conditional Use Permit application for a proposed ADU follows the additional requirements for specific accessory uses permitted in the Residential zoning as prescribed in 5.2.B.2.a. of the EPDC. The ADU will be 236 square feet and is below the size limit of 800 square feet. It includes the required amenities of private sanitary facilities, cooking and food storage, and sleeping area (studio). One (1) off-street parking space will be provided. The ADU shall not be used as a short-term rental nor rented for a period of less than thirty (30 days). There will not be more than one (1) ADU on the lot. The ADU will be integrated into the existing basement, resulting in little or no adverse impact to nearby land uses, public facilities and services, or the environment. Reviewing Agency Comments: The Conditional Use Permit application was referred out for agency comments. Agency comments were received by Staff. There are no outstanding issues. Public Comments: A neighborhood and community meeting regarding the project was held on August 9, 2024, at the US Bank community room (363 E. Elkhorn Ave). There were 7 attendees. The Applicant discussed the conditional use permit (CUP) for the proposed accessory dwelling unit (ADU). Comments were generally positive. In accordance with the notice requirements in the EPDC, notice of the Planning Commission meeting was published in the Estes Park Trail-Gazette on August 2, 2024. Notification was mailed to all required adjacent property owners on August 6, 2024. 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 Decision-Making Authority for the Conditional Use Permit. 11 2. Adequate public/private facilities are currently available to serve the subject property. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment, with no identified outstanding issues. 4. The Conditional Use Permit application complies with applicable standards set forth in the EPDC. Recommendation: Staff recommends approval of the 230 Cyteworth Road Conditional Use Permit (CUP). Sample Motions: 1. I move to approve the Conditional Use Permit, according to findings recommended by Staff. 2. I move to continue the Conditional Use Permit to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3. I move to deny the Conditional Use Permit, finding that … [state findings for denial]. Attachments: 1. Application 2. Statement of Intent 3. Building Permit for Residential Remodel (24-EP-00188) 4. ADU Floor Plan 12 13 14 15 16 Application Details Application Terms This document is NOT a permit and does not constitute approval or authorize any construction or changes to the above location. Application Date:05/17/2024 Acceptance Date: Residential Alteration 05/17/2024 230 Cyteworth Road, Estes Park, CO 80517 Job Site Address: Category: Type:Residential Remodel Property Owner:Nicholas Thomas 2910 Aspen DriveMailing Address: Estes Park, CO 80517 Phone:(720) 635-7979 Email:NickDresellyThomas@gmail.com Description of Work: New 1500 soft home built on the footprint of historic home that burned down in 2019. Foundation widened and strengthened, insulation etc Brough up to 2021 code (using spray foam and seamless 1" on walls and roof), gas removed from home and 400amp panel added, quarter of roof popped for loft space, area under previously permitted deck enclosed to add to envelope for more space. 3 story spiral staircase connects the levels, we are leaving 220sqft of the 615sqft area basement Unfinished at this time. Contractors: Occupant: Applicant: Name: Nicholas Thomas Phone: (720) 635-7979 Email: nickdresellythomas @GMAIL.COM Name: Phone: Email: Residential Remodel 24-EP-00188 Estes Park 170 MacGregor Ave Suite 230, Estes Park, CO 80517 (970) 577-3726 (970) 586-0249 Fields # 1/2 Baths:0 # Bedrooms:2 # Stories:3 Basement - Unfinished SqFt: Designed Occupant Load: 4 Garage SqFt: New Home:True Required Setback Front: Required Setback Right: UTSD/EPSD OR SEPTIC: EPSD # 3/4 Baths:1 # Full Baths:2 Basement - Finished SqFt: Construction Type:IIIA Estimated Valuation:$125,000.00 Main Floor SqFt:742 Required Setback Back: Required Setback Left: Total Square Footage: Submitted by: nickdresellythomas@GMAIL.COM 17 18 Community Development Estes Park Planning Commission August 20, 2024 Conditional Use Permit (CUP) for an Accessory Dwelling Unit (ADU) (230 Cyteworth Road) Nicholas Thomas (Owner/Applicant) Presented by Kara Washam, Planner I Vicinity Map of Subject Area Zoning Map FUTURE LAND USE DESIGNATION ZONING USES SUBJECT PARCEL Neighborhood Village R (Single-Family Residential)Residential NORTH Downtown RM (Multi-Family Residential)Residential SOUTH Mixed Residential Neighborhood RM (Multi-Family Residential)Residential, Condominiums EAST Neighborhood Village R (Single-Family Residential)Residential WEST Downtown RM (Multi-Family Residential)Residential Proposal The Applicant requests the EPPC review the proposed 230 Cyteworth Road Conditional Use Permit (CUP) for an Accessory Dwelling Unit (ADU) in the R (Single-Family Residential) Zoning District. An ADU is defined in the EPDC as “…a second dwelling unit which is integrated either with a single-family detached dwelling structure or with a detached accessory structure on the same lot as the principal dwelling.” Background •Town Board approved a Code Amendment to the EPDC in January 2022 to allow ADUs in most residential zoning districts. •Lots less than 70% of the required minimum lot size may have an ADU with approval of a Conditional Use Permit (CUP). •A CUP is required for certain uses that may be considered appropriate in a particular zoning district as long as specified requirements in the EPDC are met. Project Description •The property was damaged by a fire in 2019. •The current owner (applicant) purchased the property in March 2023 and applied for a building permit in May 2024 to complete the remodeling work started by the previous owner. •Permit does not include the proposed ADU portion. •Contingent on approval of the CUP, the applicant will apply for an additional building permit to complete the basement remodel. Project Description, cont. •The applicant proposes converting approximately 236 square feet of an existing basement into a small, studio ADU. •Sprinkled and insulated. •1 space of parking for the ADU (§ 5.2.B.2.a.(7)). •Use for long-term workforce housing or for personal use. •Shall not be used as a short-term rental unit, as prohibited (§ 5.2.B.2.a.(3)). Existing Conditions (Front) Lower Level Floor Plan ADU Floor Plan Review Criteria Subject property is 0.11 acre in size, or 44% of the 0.25 acre minimum lot size required for the R zoning district. § 5.2.B.2.a.(8)(b) requires a legally-nonconforming lot that does not have at least 70% of the required minimum lot area to “pursue Accessory Dwelling Unit approval by application for a conditional use permit”. § 3.16 contains procedures and standards for approval of a Conditional Use Permit Review Criteria, cont. § 3.16 Conditional Use Permit A. Applications for approval of a Conditional Use Permit shall follow the standard development approval process set forth in §3.2 of this Chapter... •The application follows the CUP approval process as prescribed. Review Criteria, cont. § 3.16 Conditional Use Permit B. All applications for a Conditional Use Permit shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations”… and the following requirement: •The application for the proposed Conditional Use Permits mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. Review Criteria, cont. Staff Analysis: •The CUP application for an ADU follows the additional requirements for specific accessory uses permitted in the Residential zoning as prescribed in § 5.2.B.2.a.: •The ADU will be 236 SF (below max limit of 800 SF). •Private sanitary facilities, cooking/food storage, and sleeping area. •1 off-street parking space will be provided. •Shall not be used as a STR nor rented for less than 30 days. •There will not be more than 1 ADU on the lot. •Integrated into the existing basement- little or no adverse impact to nearby land uses, public facilities and services, or the environment. Public Notice & Comments •Notice of this meeting was published in the Estes Park Trail-Gazette on August 2, 2024. •Notification was mailed to all required adjacent property owners on August 6, 2024. •Sign posted on property by applicant. •Neighborhood Meeting – August 9, 2024 –Project was discussed by the owner/applicant. –Seven (7) attendees. –Comments were generally positive. •Staff has received no inquiries or opposition. Staff Findings 1.The Planning Commission is the Decision-Making Authority for the Conditional Use Permit. 2.Adequate public/private facilities are currently available to serve the subject property. 3.This request has been submitted to all applicable reviewing agency staff for consideration and comment, with no identified outstanding issues. 4.The Conditional Use Permit application complies with applicable standards set forth in the EPDC. Action Recommended Staff recommends approval of the 230 Cyteworth Road Conditional Use Permit (CUP). Sample Motions: •I move to approve the Conditional Use Permit, according to findings recommended by Staff. •I move to continue the Conditional Use Permit to the next regularly scheduled meeting, finding that … [state reasons for continuing]. •I move to deny the Conditional Use Permit, finding that … [state findings for denial].