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HomeMy WebLinkAboutMINUTES Estes Park Board of Adjustment 2026-04-07Town of Estes Park, Larimer County, Colorado, April 7, 2026 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of Estes Park on March 3, 2026. Board: Jeff Moreau, Colin Godsey, Steven Neilson Attending: Chair Moreau, Vice Chair Godsey, Member Neilson, Director Steve Careccia, Planner II Kara Washam, Senior Planner Paul Hornbeck, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund Absent: none Chair Moreau called the meeting to order at 9:00 a.m. There were 4 people in attendance. INTRODUCTIONS: APPROVAL OF AGENDA It was moved and seconded (Godsey/Neilson) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Neilsen/Godsey) to approve the Consent Agenda, with a correction to the page 3 motion. The motion passed 3-0. ELECTION OF OFFICERS Member Neilsen nominated Chair Moreau to continue as Chair. Chair Moreau nominated Vice Chair Godsey to continue as vice chair. Member Neisen concurred. The motion passed 3-0. PUBLIC COMMENT: none ACTION ITEMS: 1. Wetlands Setback 1754 Fish Hatchery Rd Senior Planner Hornbeck At the March 3, 2026, meeting, the Board of Adjustment (BOA) considered a variance request regarding activities within wetland setbacks at 1754 Fish Hatchery Road. The BOA continued the item to the next scheduled meeting (April 7, 2026) with a request that wildlife and wetland studies be provided for review. The applicant provided those studies, which were first shared with the BOA in a Supplemental Memo dated March 16, 2026. March 3 review: The applicant submitted a subdivision application that depicts approximately 100 dwelling units and associated road and infrastructure improvements. Roads and associated earthwork and grading are proposed to occur within the 50-foot wetland setback required by Estes Park Development Code (EPDC) Section 7.6. E. The EPDC goes on to describe activities prohibited within the 50-foot setback in Section 7.6.F.1: Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, drain, dredge, clear, destroy or alter any area, including vegetation, within stream or river corridors, wetlands and their associated buffer/setback areas, except as may be expressly allowed in this Section or Code. No disturbance is proposed within any wetland; however, the applicant requests a variance to EPDC Section 7.6.F.1 to allow activities that would disturb areas within wetland buffer/setback areas as indicated in the table and map in the staff report, plus a 10% margin of error to allow for field changes during construction or other unforeseen circumstances. Factoring in the 10% margin, the variances would allow disturbances RECORD OF PROCEEDINGS Board of Adjustment, April 7, 2026 - Page 2 with the following setbacks from wetlands: 8.7 feet in area B, 15.6 feet in area C, 25.8 feet in area H, and 22.5 feet in area I. Staff recommended that the BOA approve the variance requests subject to the following condition of approval: 1. Best management practices outlined in the application materials shall be adhered to prior to, during, and after construction. DISCUSSION: In answering Member Neilsen's questions, planner Hornbeck noted that the Estes Park Housing Authority (EPHA) is responsible for ensuring that Best Management Practices (BMPs) associated with the development proposal are implemented. The HOA board explored the possibility of hiring a third party to oversee compliance with the BPMs and report back to the EPHA, which was considered a reasonable idea. Also discussed was the difference in the number of BMPs listed in the wildlife report versus the information in the previous meeting packet. It was clarified that the wildlife report is more holistic, addressing overall wildlife impacts, whereas previous documents were strictly focused on wetland protection. Pete Levine, EPHA Director of Real Estate Development, introduced the team. He shared a slide showing the number of needed housing units in the Estes Valley, along with other housing figures. Ronnie Pelusi, Pel-Ona Land Planner for the project, discussed the importance of wetlands and stated that the consultant noted no harm to them with this proposal. Proposed modifications are intended to improve and formalize the wetlands' impact, creating definitive buffers that prevent future damage to sensitive ecosystems. He confirmed that BMPs are included and will be codified through the planning process, including during construction and long-term maintenance, likely through a master HOA. Project Engineer Rob Goss confirmed that erosion control measures are in place at a preliminary level. This includes silt fencing, inlet protection and the use of water quality control ponds to allow solids to settle before discharging clean water. BMP recommends that the team conduct periodic site inspections for at least the first few years following construction to assess erosion control during the first year or so. The board asked about the Colorado Parks and Wildlife (CPW) preliminary recommendation for a 300-foot construction buffer from wetlands and 500 feet from Fall River. Goss explained that the project team is mitigating these concerns by isolating construction activities through silt fencing, straw wattles and erosion control mats, alongside plans to reroute water away from sensitive areas. Palusio argued that the 300-500-foot buffers suggested in the CPW report are exceptionally large and would render the vast majority of existing riverfront development in the community non- compliant. He noted that while federal and state agencies often propose large-scale, generalized buffer requirements, local boards have the authority for discretionary review. Palusio emphasized that the board's role is to determine if the proposal meets the intent of the wetland protections at a site-specific level. He reiterated that, by utilizing BPMs and third-party expert oversight, the project team believes they have effectively satisfied the approval criteria. Public Comment: Sandy Cherman acknowledged the need for workforce housing; however, wetland setbacks are in place for a reason and would like the project to be done without encroachment. Terry Rizzuiti agreed with Mr. Cherman, adding that the daycare center is a bad idea because parents want their kids closer to their work, not their home. RECORD OF PROCEEDINGS Board of Adjustment, April 7, 2026 - Page 3 Kristine Poppitz noted that less than 5 units are affected, and granting the variance could set a dangerous precedent for future development requests. She criticized the project's evacuation plan and urged the board to deny the request, stating that requests are not rights. It was moved and seconded (Moreau/Godsey) to approve the variance request with the following conditions: 1) survey to defined the setback area prior to beginning construction 2) engineering firm to inspect erosion control measures after they are instralled and 3) engineering firm to monitor the erosion control and Best Practice Managemet and original conditions at a minimum of monthly and give a report to the town. The motion passed 3-0. REPORTS: The Development Code is in draft mode, and an open house is scheduled for June. With no further business, Chair Moreau adjourned the meeting at 9:33 a.m. /, / t /] /1 •/ .ft /] /fh'w J^ff M6r)feau, Chair ^arin Swanlund, Recording Secretary