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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2021-03-16 PLANNING COMMISSION – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, March 16, 2021 1:30 p.m. Estes Park, CO 80517 The Estes Park Board Planning Commission will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020, related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020, and outlined below. Please click the link below to join the webinar: https://zoom.us/j/93771272278 Or Join by Telephone: 1. Dial US: +1 833-548-0276 (toll free) 2. Enter Webinar ID: 937 7127 2278 followed by # The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and posted to YouTube and www.estes.org/videos within 48 hours. Public Comment When the moderator opens up the public comment period for an agenda item, attendees wishing to speak shall: 1. Click the “Raise Hand” button, if joining online on the Zoom client, or 2. Press *9 and follow the prompts if joining by telephone. 3. If you are watching live on YouTube, please call the number listed above, and mute your computer audio for the duration of your remarks. Once you are announced, please state your name and address for the record. To participate online via Zoom, you must: • Have an internet-enabled smartphone, laptop or computer. • Using earphones with a microphone will significantly improve your audio experience. 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. Prepared March 11, 2021 1 NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Tuesday, March 16, 2021 1:30 p.m. 1.AGENDA APPROVAL. 2.PUBLIC COMMENT. (Please state your name and address). 3.CONSENT AGENDA: 1.Planning Commission Minutes dated February 16, 2021 2.Planning Commission Study Session Minutes dated February 16, 2021 4.ACTION ITEMS: 1. CODE AMENDMENT: Solar Power Setbacks Planner II Bergeron 2.CODE AMENDMENT: Impervious Lot Coverage Senior Planner Woeber 5.DISCUSSION ITEMS: 1.DOWNTOWN BUILDING HEIGHT 2.REPORTS 6.ADJOURN Prepared 03/11/2021 2 3 Town of Estes Park, Larimer County, Colorado February 16, 2021 Minutes of a Study Session meeting of the PLANNING COMMISSION of Estes Park, Larimer County, Colorado. Meeting held virtually on Google Meet. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson Attending: Comstock, Heiser, Hanson Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Trustee Barbara MacAlpine, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund Absent: Commissioner Elkins Chair Comstock called the meeting to order at 11:00 a.m. This study session was held virtually via ZOOM and was streamed and recorded on the Town of Estes Park YouTube channel. Comstock explained that the purpose of this Study Session was to cover the processes and procedures for the new Comprehensive Plan. Director Hunt began the conversation by stating that the next step in the process is appointing a selection committee to pick the consultant. There was an informational meeting for consulting firms on February 11, and over 20 firms were in attendance. The proposals are due at 2:00 p.m. on February 25. From February 26 to March 11, the applications will be reviewed by the selection committee. The interviews will be recorded (but not live-streamed) and available to view after they have all been completed. This retains the transparency of the process. If any of the Planning Commission members want to see the candidate's proposal, there is time between March 11 and April 12. The Town Board will vote on the proposal at their April 13 meeting. Sample Comp Plans from four communities will be posted on the website for review (www.estes.org/comprehensiveplan). The advisory committee will focus on the policy direction and has a life span that will last through the entire rewrite process. Hunt stressed that Comp Plans should not rely only on the opinions and views of residents but include visitors and other stakeholder groups. Vice-Chair Heiser preferred that the Planning Commission have a stronger voice in the advisory committee over the selection committee. Highlights of the RFP • Will set the stage for Corridor plans, which will be one of the steps after the comp plan so that each corridor can have its own plan. • NOT looking for Neighborhood Plans • Analyzing build-out data and infrastructure needs • Bang the Table, a public engagement consultant, has been retained as the on-line public Planning Commission Study Session February 19, 2021 –Page 2 engagement platform facilitator ($11,000 for the first year) •Refine Community Vision: ideas refined into goals, objectives and implementation strategy: things that need to be called out in the Development Code •Code rewrite will be the first step after the Comp Plan and be very extensive. Code rewrite 16- 18 months after Comp Plan completion (Fall of 2024) •Background Infrastructure research (i.e., water system) •Analytical, informational graphics (not just text) •Summary of the plan on a poster •Climate Change •Wildfires, Flooding and other natural hazards •Additional Zoning district (open space?) •Larimer County involvement, along with input from Boulder County, National Park Service and US Forest Service •Larimer County will be part of the selection committee and will work with the consulting firm to adopt a parallel plan •Thorough list of stakeholders, affirmative outreach •Proposed completion date of December 31, 2022 •Budget of $164,000 (65% of the $300,000 total minus the Bang the Table budget) Comments on what role the Planning Commission should have in the process: •PC heavily involved in the whole process •How many members of the PC? •Eleven members seem big. 7-9 is a better working number •Representation from the entire Estes Valley •Not too heavy on town-government, need outside involvement •Clarification on how the quorum rule will work Vice-Chair Heiser adjourned the study session at 1:03 p.m. Karin Swanlund, Recording Secretary _____________________________________ Matt Comstock, Chair Town of Estes Park, Larimer County, Colorado, February 16, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 16 day of February 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson. Attending: Chair Comstock, Vice Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins left the meeting at 2:06 p.m. Chair Comstock called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT. None CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. CODE AMENDMENT: Wireless Telecom Facilities This item was continued from the January 19, 2021 meeting Senior Planner Woeber requested that this Code Amendment be withdrawn without prejudice. There are two different use categories for cell towers: Micro-cell and Towers. The majority of requirements in the Estes Park Development Code refer to the Larimer County Land Use Codes. Those Codes went through a complete rewrite a few years ago so the EPDC no longer matches. A special counsel has written a new chapter on Wireless Facilities for the Town of Estes Park, which will make its way to the Planning Commission in the near future. (April or May) 5 Estes Park Planning Commission – FEBRUARY 16, 2021 – Page 2 It was moved and seconded (Heiser/Elkins) to Withdraw Without Prejudice this Code Amendment to a date uncertain. The motion passed 4-0. OTHER: •Director Hunt discussed Downtown Building Height and reasons for postponing the Code Amendment's advancement for the time being. There have been several public comments received, all of which have been against the proposed Amendment. Also affecting the decision are impacts of the Loop project, floodplain issues and downtown parking. He asked for the Commission's input. Commissioner responses: (summarized) Commissioner Elkins: we need to take this on, and it needs to be addressed sooner rather than later. Vice-Chair Heiser: there will be no engagement if it is not actively being pursued. Preference is to continue working on it and advancing the needs of the community. Where does the Town Board stand on this? Data collection is always changing. Does not see the benefit in postponement and wants to see it move forward. Chair Comstock: it is on the Planning Commission to address the Downtown Plan/building height. Will the new Comp Plan lift the recommendations from the existing Downtown Plan? Not opposed to getting more information if it helps make a better decision. Doesn't want this to drag out. Commissioner Hanson: more discussion and information is needed. No reason to take it off the table. In favor of getting critical data if that is missing. Would like a parcel by parcel high-definition map showing exactly what properties would be included. Is topographic customization possible? Heiser suggested that an overlay of the Downtown zoning district with a topographical map would give a good idea of height difference, specifically the difference between the residential and commercial zones. Hunt noted that for a 48-foot height proposal, a Special Review with criteria for design characteristics would be needed. Trustee MacAlpine noted that the Town Board has not had any discussion on this. 6 Estes Park Planning Commission – FEBRUARY 16, 2021 – Page 3 It was decided to keep this on the agenda as a discussion item, with code language available to review in March. •Attorney Kramer clarified that if three or more Planning Commission members were appointed to a group, a quorum would not pose a problem. •The Town Board will be interviewing a Planning Commission applicant in March There being no further business, Chair Comstock adjourned the meeting at 2:30 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary 7 9 COMMUNITY DEVELOPMENT Memo To: Chair Matt Comstock Estes Park Planning Commission (EPPC) Through: Community Development Director Randy Hunt From: Alex Bergeron, Planner II Date: March 16, 2021 RE: Proposed Text Amendment to Estes Park Development Code (EPDC): §1.9.D.1(b) – Features Allowed Within Building Setbacks Planning Commission Objective: Conduct a public hearing to consider and make a recommendation on a proposed text amendment to the EPDC regarding the inclusion of photovoltaic system equipment in the minimum building setback area of established lots. Code Amendment Objective: The objective of this proposed Code Amendment is to enable the use of roof-mounted photovoltaic systems (perhaps better known as “solar panels” or “solar PV systems”) on structures which would otherwise have them installed if it weren’t for minimum setback requirements precluding installation. Proposal: Revise §1.9.D.1(b) of the EPDC so that the Code’s “Rules of Measurement” related to “Building and Structure Setbacks from Lot Lines” include the equipment necessary for the operation of roof-mounted photovoltaic systems in its existing “Features Allowed Within Building Setbacks” provisions. Background and Discussion: Minimum setback standards for buildings and structures are utilized by governments to help ensure the orderly development of land, to protect sensitive habitats, and to help protect the public from potential hazards to human health and safety. Indeed, the concept of setbacks may come to mind when reading the first item listed in EPDC §1.3 (“Purpose and Intent” of the Code), which states that the EPDC is intended to “Provide for coordinated, harmonious development of the Estes Valley and the Town of Estes Park, which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development.” The above statement touches on many aspects relevant to this proposed Code Amendment. The two most pertinent can be found at the end: efficiency and economy. According to the United States Department of Energy, collecting and utilizing solar 10 energy onsite can lead to reduced energy bills, increased home values, and reduced emission of the greenhouse gases which are contributing to climate change.1 Property owners have responded to evidence of the benefits of solar panels by installing them at an increasing rate, especially in Colorado given the abundant sunshine the state enjoys throughout the year. Renewable energy production in Colorado has more than doubled since 2010,2 according to the U.S. Energy Information Administration, and as demand for solar energy increases, governments are working to make solar installations easier in a free market context. In fact, the Climate Smart Larimer County Framework (published in 2020) identifies removing barriers to installation of solar photovoltaic systems as one of its recommended actions.3 Specific action to better enable solar installation for property owners who would like them are occurring elsewhere in our region, as well. The City of Laramie, Wyoming, for example, has amended its own development code to allow solar equipment to extend three feet into required setbacks.4 That is what we are proposing to do with this Amendment, and an article on Laramie’s initiative, and similar action by other communities in the United States, is attached to the Memo (see Attachment 2: Article - Change Height & Setbacks to Encourage Renewables – Sustainable Development Code). The distance of setbacks, measured from property lines into the interior of a property a set distance, varies among the different zone districts in Estes Park, but they affect all parcels of real property in the town and are subject to the same Rules of Measurement. There are currently nine categories of exemption to zone district minimum setback standards for buildings and other structures (see Exhibit A: Proposed Amendment to Code Text, pages 3-4). If approved, this Code Amendment would create a tenth exemption to allow the minimum equipment necessary for roof-mounted solar photovoltaic systems to extend up to three feet into the minimum setback area of any lot of record in Estes Park. Staff Findings: The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review), as outlined below: §3.3.D.1. The amendment is necessary to address changes in conditions in the areas affected. Affirmative. Review of building permit applications for solar photovoltaic systems has revealed that setback standards regularly impact the ease of system installation. The hardship is often related to the fact that the 2000 rezoning of many lots in Estes Park caused them to become legal non-conforming due to minimum lot size, resulting in setback compliance challenge even for fairly common improvements such as Solar PV systems (there have been 25 permit applications submitted for solar PV systems since our electronic permitting system, Community Core, went live in January 2020. This represents 4% of all permit applications). §3.3.D.2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Not applicable. §3.3.D.3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were 11 approved. Affirmative. Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities, if this Code Amendment is approved. Reviewing Agency Comments: The proposed Code Amendment language was referred to affected agencies for review and comment. Only the Estes Park Utilities Department responded to the referral, and communicated no objection to the Code Amendment. Public Notice: A legal notice was published in Estes Park Trail-Gazette on February 26, 2021. All comments received in writing will be posted on our website: https://estespark.colorado.gov/currentapplications Advantages: • Approval of the Code Amendment will allow an expanded use of renewable energy in Estes Park in a free-market context by removing a barrier to system installation. Disadvantages: None identified Action Recommended: Staff recommends Approval of the Code Amendment Finance/Resource Impact: Little or none. Level of Public Interest: Low. No public comments or inquiries have been in received regarding this proposal. Sample Motions: I move that the Planning Commission recommend APPROVAL of the Code Amendment, in accordance with the findings as presented. I move that the Planning Commission recommend denial of the Code Amendment, finding that [state findings for denial]. I move to continue the Code Amendment to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Exhibit A: Proposed Amendment to Code text 2. Article: Change Height & Setbacks to Encourage Renewables – Sustainable Development Code 12 1https://www.energy.gov/energysaver/benefits-residential-solar-electricity 2 https://www.eia.gov/state/?sid=CO#tabs-1 3https://www.larimer.org/sites/default/files/uploads/2021/cslc_framework_11.16.2020_final_2.pdf 4https://perma.cc/F6VY-WF4H 13 1    § 1.9 ‐ Rules of Measurement    A. Lot Area Measurement. Lot area refers to the total gross amount of horizontal land area within lot  lines. Public and private rights‐of‐way and streets shall not be included in calculating lot area. No  development plan, subdivision approval, building permit or other land use approval shall be issued for a  lot that does not meet the minimum lot area requirements of this Code, except as may be otherwise  allowed in this Code. See Figure 1‐1.    B. Lot Width Measurement. Lot width refers to the horizontal distance between the side lot lines as  measured along a straight line parallel to the front lot line or the chord thereof. The minimum lot width  shall be measured between the side lot lines along a line that is parallel to the front lot line and located  the minimum front setback distance from the front lot line. Lot width standards shall apply to lots that  do not have a front lot line, i.e., lots that do not abut a street. In these cases, the Decision‐Making Body  shall determine where to measure lot width. See Figure 1‐1.    (Ord. 8‐05 #1)      Figure 1‐1    C. Density Calculation.       1. Net Land Area. Net land area shall be determined by subtracting from the gross land area, the  following (as applicable):    a. Eighty percent (80%) of lands located in the 100‐year floodplain;    b. Eighty percent (80%) of lands located above the elevation serviceable by the Town of  Estes Park water system;  14 2      c. All lands within private streets or dedicated public rights‐of‐way; and    d. All lands subject to a ground lease that, because of the lease terms, would not be  available for development of the proposed land use(s) on the subject property.    2. Net Density. Net density shall be calculated by dividing the net land area by the minimum lot  area or land area required for each unit.    3. When applying a density standard to a parcel's net land area, any fraction of less than one‐ half (½) shall be rounded down to the next lower whole number and any fraction of one‐half (½)  or more shall be rounded up to the next higher whole number.    (Ord. 11‐16 §1)    4. The number of dwelling or accommodation units allowed on a site is based on the  presumption that all other applicable standards shall be met. The maximum density established  for a zoning district (see Chapter 4) is not a guarantee that such densities may be obtained, nor  a valid justification for varying other dimensional or development standards.    D. Setbacks—Building and Structure Setbacks.       1. Building and Structure Setbacks from Lot Lines.       a. Measurement: Setbacks shall be measured as the distance between the nearest lot  line and the furthermost projection of a building or structure along a line at right angles  to the setback line. Setbacks shall be unobstructed from the ground to the sky except as  otherwise specifically allowed in this Section. See Figure 1‐2.    b. Features Allowed Within Building Setbacks:    (1) Cornices, canopies, eaves or other similar architectural features, provided  they extend no more than three (3) feet into a required setback or yard;    (2) Driveways and sidewalks, provided that the edge of a driveway shall be set  back at least three (3) feet from an adjacent property line unless owners of  abutting properties agree in writing that the edge may be closer to or abut their  common property line;    (3) Fences or walls subject to height and other restrictions set forth in this Code;    (4) Patios and decks, uncovered and at‐grade, provided they do not extend  more than thirty percent (30%) of the required setback distance to any required  setback. See Figure 1‐2;    (5) Steps to the principal entrance and necessary landings, together with  railings, that comply with the Uniform Building Code, provided they do not  extend more than six (6) feet into the required setback;  15 3      (6) Landscaping;    (7) Trees, vegetation or other features of natural growth; and    (8) Utility lines, wires and associated structures within a utility easement.    (9) Signs that comply with applicable sign regulations.    (10) The minimum amount of equipment necessary for the functional operation  of roof‐mounted photovoltaic systems; provided that such equipment shall be  located as close to an adjacent building or structure as is reasonably practicable  and does not extend more than three (3) feet into the required setback.        (Ord. 8‐05 #1)    (10) Postal boxes.    (Ord. 8‐05 #1)    (11) Parking lots that comply with landscaping standards set forth in §7.5.G,  "Parking Lot Landscaping."    (Ord. 8‐05 #1)    c. Front Setbacks on Corner Lots and Double‐Frontage Lots: For corner lots and double‐ frontage lots, all sides of the lot with street frontage shall be required to establish the  applicable front yard setback. See Figure 1‐2.    (Ord. 8‐05 #1)    d. Intersection and driveway sight visibility: Intersection and driveway sight visibility  shall comply with the requirements of Appendix D, Section IV.C (Intersection and  Driveway Visibility).    (Ord. 18‐01 #1)    2. Development Setbacks from River and Stream Corridors and Wetlands.       a. Stream and River Corridors. Development setbacks shall be measured as the distance  between the delineated stream or river corridor, as set forth in §7.6.D.2, and the  furthermost projection of a building or structure along a line at right angles to the  setback line. Setbacks shall be unobstructed from the ground to the sky except as  otherwise specifically allowed in §7.6.D of this Code. See Figure 1‐2.    16 4    b. Wetlands. Development setbacks shall be measured as the distance between the  delineated wetland edge, as set forth in §7.6.D.3, and the furthermost projection of a  building or structure along a line at right angles to the setback line. Setbacks shall be  unobstructed from the ground to the sky except as otherwise specifically allowed in  §7.6.D of this Code. See Figure 1‐2.                                          E. Height.      1. Measurement of Maximum Building Height. Height means the vertical distance measured  from the mean average elevation of the finished grade ((lowest point elevation + highest point  elevation)/2):    (1) To the highest point of the roof surface, excluding parapet, if a flat roof;    (2) To the deck line of a mansard roof;    (3) To the mean height level between the lowest point of the topmost top plate and highest  ridge for a gable, hip or gambrel roof; or    (4) Exception: For any building with a steep sloped roof, the highest‐point elevation shall be  measured from average finished grade to the highest point on the highest ridge. For purposes of  this subsection, the term "steep sloped" shall mean any roof with a pitch greater than or equal  to a 12:12 ratio.      (Ord. 28‐17 §1(Exh.))    17 5    2. Line of Measurement. Height shall be measured along a vertical (plumb) line connecting the  horizontal plane of roof height measurement to the horizontal plane of finished grade, as  specified herein.    3. Exemptions from Height Standards. The following features shall be exempt from maximum  building height:    a. Chimneys to the extent required by the applicable building code(s);    b. Skylights, parapet walls, cornices without windows, communications antennas, Micro  Wind Energy Conversion System (MWECS); and    c. Wireless telecommunications facilities and structures, but only to the extent allowed  by the specific provisions set forth in Use Tables 4‐1 and 4‐4 in Chapter 4 and in §5.1.T  of this Code.    (Ord. 17‐17 §1)    (Ord. 18‐01 #1, 2, 10/23/01; Ord. 18‐02 #3, 12/10/02; Ord. 8‐05 #1, 6/14/05; Ord. 11‐16 §1(Exh. A),  4/12/16; Ord. 17‐17 §1(Exh. A), 6/13/17; Ord. 28‐17 §1(Exh.), 10/24/17)      18 2/23/2021 Change Height & Setbacks to Encourage Renewables – Sustainable Development Code https://sustainablecitycode.org/brief/change-height-setbacks-to-encourage-renewables-3/?print=1 1/5 CHAPTER 7.3 OTHER ENERGY GENERATION SYSTEMS Change Height & Setbacks to Encourage Renewables Kerrigan Owens (author), Jonathan Rosenbloom & Christopher Duerksen (editors) INTRODUCTION Height and set back requirements can frustrate the use and installation of wind and solar power systems in urban areas. Because solar and wind systems are often installed on rooftops, they are often considered part of the structure and calculated towards a buildings’ maximum height. As such, developers building near the maximum allowable height may not be permitted to install rooftop energy systems. If a developer wanted to install a renewable system on the roof, she would be required to reduce the overall height of the interior space to make room for the solar or wind system or seek a variance. This may reduce the square footage or make development more expensive, making it more difficult for the developer to meet their financial expectations. To encourage more developers to incorporate renewable energies this ordinance would relax the height and setback requirements in relation to wind and solar energy systems. [1] This ordinance can be drafted in a way to reduce requirements across districts or to create specific exceptions to height or setbacks. Another tool being used by local governments is the incorporation of the International Building Code (IBC).[2] The IRC is updated every three years and includes the best practices from around the nation.[3] One of the recent additions to the IRC is the “Solar- Ready Provision” which details how to expedite and increase smaller scale solar units on homes. Some of these enhancements include constructing homes with minimal rooftop equipment, orienting buildings in a “north-south” fashion and providing a detailed plan of the roof so that solar installations can confirm that roof will be able to support the systems.[4] Several local governments have also begun to require on-site renewable energy capacity prior to issuing a certificate of occupancy (for more information see Zero Net Energy Buildings brief).[5] 19 2/23/2021 Change Height & Setbacks to Encourage Renewables – Sustainable Development Code https://sustainablecitycode.org/brief/change-height-setbacks-to-encourage-renewables-3/?print=1 2/5 To further promote renewable energy systems, several local governments permit solar and wind systems by-right (for more information see the brief Allow Solar Energy Systems and Wind Turbines by-Right). In addition, Oregon has enacted statewide legislation known as the “Oregon Solar Installation Specialty Code,” which establishes setback and height requirements that pre-empt city codes.[6] EFFECTS Electrical energy is one of the largest demands of fossil fuels.[7]  Burning these fuels releases carbon dioxide and other pollutants into the atmosphere which increases greenhouse gas (GHG) emissions, leading to climate change.[8]  One way to lower GHG emissions is to switch to alternative energy production.[9] Relaxing local regulatory requirements around alternative energy production will encourage more individuals to choose alternative energies on their own accord without direct government actions. These alternatives help to decrease air pollution and help improve human health[10] by mitigating respiratory illnesses that can stem from the burning of fossil fuels.[11] By relaxing regulations on solar and wind energy systems, citizens are able to choose systems that help mitigate the effects of climate change while improving and promoting human health.[12] EXAMPLES Minneapolis, MN Minneapolis like most municipalities has height and setback requirements in each of its zoning districts. These requirements would in many cases frustrate the construction of wind and solar power systems. However, Minneapolis codified separate ordinances to govern wind and solar energy systems in all districts.[13] One ordinance sets universal standards for wind production in all districts. This ordinance specifically governs wind systems while solar systems are governed by other sections of the code. Wind energy systems are limited to a height of 15 feet measured from where the turbine is attached either to the building or to the ground.[14] These attached systems are permitted by right.[15] On buildings that are over four stories, the wind energy system must be installed above the fourth story.[16] Free standing systems are permitted on a conditional basis, and must comply with condition specific standards such as encroachments and setbacks, specific height requirements per zoning district, etc.[17] The provision also lists specific aesthetic requirements that the wind systems must meet, including using compatible materials, colors, and textures of surrounding buildings.[18] 20 2/23/2021 Change Height & Setbacks to Encourage Renewables – Sustainable Development Code https://sustainablecitycode.org/brief/change-height-setbacks-to-encourage-renewables-3/?print=1 3/5 The ordinance for solar systems functions in a similar fashion to the wind system ordinance and allows solar systems by right within all zoning districts.[19] The solar ordinance sets height requirements for solar systems to not extend further than three feet above the ridge level roof and cannot extend further than ten feet above surface roof. The setback requirement for solar systems is one foot from the perimeter of the roof, but for any system which does not extend above three feet there is no setback requirement.[20] For freestanding solar systems, they must be constructed to stand below twenty feet or to not exceed the principal structure.[21] The ordinance also sets a requirement that for solar systems within a residential or office district, the system may not exceed five percent of the total lot area.[22] Furthermore, the ordinance states that even if the solar system does not meet the above criteria, there is the option of applying for a permit for conditional use.[23] This application mirrors the above criteria, and allows for an administrative evaluation of the specific applicant.[24] To view the wind energy provision see Minneapolis, MN, Zoning Code § 535.710 (2007). To view the solar energy provision see Minneapolis, MN, Zoning Code § 535.840 (2007). Laramie, WY Laramie’s energy code allows for both solar and wind energy systems in all zoning districts, with no exceptions for homeowners association restrictions.[25] Solar energy systems are given an additional three feet of space above the maximum building height.[26] While wind energy systems are allowed to reach a maximum of 75 feet from the ground.[27] Setback requirements for solar systems may extend three feet into the area, and systems which exceed the three feet have the option to be permitted for a conditional use.[28] The setback requirements for wind systems are separated by freestanding towers, which are required to be set back the distance of the system’s height. Mounted systems must be setback according to the applicable code found in Section 15.12.000.[29] These relaxed standards for height and setback help meet the code’s purpose in decreasing dependence upon non-renewable energy systems.[30] To view the provision see Laramie, WY, Code of Ordinances § 15.14.030 (A) (1) (2017). ADDITIONAL EXAMPLES Seattle, WA, Municipal Code § 23.44.046 (2010) (allows solar collectors specifically to exceed height restriction by several feet and provides unique setback for solar collectors). Watertown, MN, Code of Ordinances § 61-16 (2016) (creates a set of guidelines for the placement of home solar systems). 21 2/23/2021 Change Height & Setbacks to Encourage Renewables – Sustainable Development Code https://sustainablecitycode.org/brief/change-height-setbacks-to-encourage-renewables-3/?print=1 4/5 Stoughton, WI, Code of Ordinances §78-206 (10) (2009) (provides setback and height requirements for small wind energy systems). CITATIONS [1] Minneapolis, MN., Zoning Code §§ 535.710, 535.840; Seattle, WA., Municipal Code § 23.44.046. [2] Beren Argetsinger & Benjamin Inskeep, Standards and Requirements for Solar Equipment, Installation, and Licensing and Certification, Clean Energy States Alliance (2017) https://perma.cc/JT4C-KAFF . See also Baltimore, MA, Code of Ordinances § 14- 0413 (2014) (adoption of the International Green Construction Code as part of the City’s building code). [3] Id. [4] Id. [5] Id. (citing City of Tuscon Planning and Development Services Department. “Residential Plan Review: Solar Ready Ordinance, Ordinance No. 10549). [6] Oregon Department of Consumer and Business Services, “Oregon Solar Installation Specialty Code,” October 2010, https://perma.cc/74CK-ERNT. [7]Andrew E. Dessler, Introduction to Modern Climate Change, Cambridge University Press, 172 (2012). [8] Rex A. Ewing & Doug Pratt, Got Sun? Go Solar: Harness Nature’s Free Energy to Heat and Power Your Grid-tied Home, 12-13 (2d ed. 2009); Dessler, supra note 7, at 172. [9] Rex A. Ewing & Doug Pratt, supra note 8; Dessler, supra note 7, at 172. [10] See e.g., Wind Energy Benefits, https://perma.cc/7WH6-U44V; See also State Renewable Energy Resources, https://perma.cc/C564-JMJ7. [11] Anne E. Gimmer and Kay D. Weeks. The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings, https://www.nps.gov/tps/standards/rehabilitation/sustainability-guidelines.pdf page 16; Office of Energy Efficiency and Renewable Energy. How Do Wind Turbines Work? https://perma.cc/5FRZ-3T78. [12] See Jennifer Kuntz, Article: A Guide to Solar Panel Installation at Grand Central Terminal: Creating a Policy of Sustainable Rehabilitation in Local and National Historic Preservation, 10 Vt. J. Envtl. L. 315 (2009). [13] Minneapolis, MN, Zoning Code §§ 535.710, 535.840. 22 2/23/2021 Change Height & Setbacks to Encourage Renewables – Sustainable Development Code https://sustainablecitycode.org/brief/change-height-setbacks-to-encourage-renewables-3/?print=1 5/5 [14] Id. [15] Id. [16] Id. [17] Id. [18] Id. at 535.750(4). [19] Id. at 535.840(b)(1). [20] Id. at 535.840 (b)(2). [21] Id. at 535.840(c). [22] Id. at 535.840(c)(2). [23] Id at 535.860. [24] Id. [25] Laramie, WY, Code of Ordinances § 15.14.030. [26] Id. at 15.14.030 (A) (1) (c). [27] Id. at § 15.14.030 (B) (2) (a). [28] Id. at 15.14.030(A)(1)(d). [29] Id. at 15.14.030(B)(4). [30] Id. at 15.14.030(A)(1)(a). Please note, although the above cited and described ordinances have been enacted, each community should ensure that newly enacted ordinances are within local authority, have not been preempted, and are consistent with state comprehensive planning laws. Also, the effects described above are based on existing examples. Those effects may or may not be replicated elsewhere. Please contact us and let us know your experience. 23 24 Memo COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Jeffrey Woeber, Senior Planner Date: March 16, 2021 RE: Amendments to the Estes Park Development Code 1) Increase “Maximum Lot Coverage” in Four Nonresidential Zoning Districts 2) Amend the Definition of “Impervious Surfaces” and the Definition of “Lot Coverage.” Planning Commission Objective: Review and provide a recommendation to the Board of Trustees for a proposed text amendment to the Estes Park Development Code (EPDC). Code Amendment Objective: Currently there are four nonresidential zoning districts within the EPDC where the “Maximum Lot Coverage (%)” is inconsistent with and somewhat limited compared to what is allowable in other nonresidential zone districts. Currently, those percentages are as follows:  A (Accommodations/Highway Corridor) – 50%  A-1 (Accommodations/Low Intensity) – 30%  CO (Outlying Commercial) – 65%  O (Office) – 50% Staff proposes increasing all four of these to be 80%. The CH (Heavy Commercial) and the I-1 (Restricted Industrial) are currently 80%. The CD (Downtown Commercial) Zoning District has no requirement. “Lot Coverage,” is used to calculate the maximum allowable coverage for development on a given lot or parcel. The coverage, per the definition in Chapter 13 of the EPDC, includes all structures, sidewalks, driveways and parking areas. The EPDC’s definition also includes “porous pavement and graveled areas.” Another EPDC definition categorizes “porous pavement and graveled areas” as being “Impervious Surfaces.” Staff proposes revising the Lot Coverage definition to eliminate “porous pavement and graveled areas,” along with no longer including “porous pavement and graveled areas” in the definition of Impervious Surfaces. See Exhibit A. 25 MARCH 16, 2021 EPPC CODE AMENDMENT, LOT COVERAGE PERCENTAGES PAGE 2 OF 3 Background, Discussion: It is not clear how the authors of the EPDC (formerly Estes Valley Development Code or EVDC) determined their basis for lot coverage percentages for the nonresidential zoning districts, when the EVDC was drafted in the late 1990s. The “Impervious Coverage” in the pre-EVDC Estes Park Municipal Code’s zoning regulations was 80%, with some reduction for steep slopes. The coverage at that time was defined simply as, “building roof area plus paved area.” Staff does not see any benefit to having unnecessarily low lot coverage requirements. There do not appear to have been any significant negative impacts due to the 80% impervious coverage standard, for development in the Town of Estes Park prior to adoption of the EVDC in 2000. Amending the EPDC to 80% as proposed is unlikely to cause any concerns, and can provide for a bit more flexibility in site development. Drainage and stormwater management issues are the only significant development standard that could be affected by this change. However, any impactful development in these four zoning districts is very likely to require Development Plan approval before construction. All Development Plans are reviewed by our Engineering staff, and if increased lot coverage means that measures such as detention ponds or runoff conduits are necessary for public safety, they will be required as a condition of Development Plan approval. Staff Findings: The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EPDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: Although the EPDC states this finding is applicable to a proposed “text amendment” such as that proposed herein, staff notes it would seem to be mostly applicable to a rezoning (zoning map amendment). There are no specific areas or conditions that would be affected by the proposed amendment to the EPDC. Staff finds this Standard for Review No. 1 is not applicable to this Code Amendment. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley:” Staff Finding: There is no specific “development plan” associated with this code amendment. Staff notes nothing within the proposed code amendment is contrary to any recommendations, policies, or intent of the Comprehensive Plan. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities, if this Code Amendment is approved. In particular, Public Works/Engineering division staff have reviewed this proposed change; except for suggesting specific language for the Definition sections, they expressed no concerns. Advantages: 26 MARCH 16, 2021 EPPC CODE AMENDMENT, LOT COVERAGE PERCENTAGES PAGE 3 OF 3 • Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review, as applicable. • Establishes a consistent and reasonable approach to lot coverage in nonresidential zoning districts. • Provides a more realistic classification of porous pavement and gravel, which are pervious rather than impervious. Disadvantage: • Adds slightly to Code length and complexity. Action Recommended: Review the amendment for compliance with Estes Park Development Code (EPDC) §3.3.D Code Amendments, Standards for Review, and forward a recommendation to the Estes Park Town Board of Trustees for a final decision to approve. Level of Public Interest Low. Little input or public comment has been received. Sample Motion: APPROVAL I move to recommend that the Estes Park Town Board of Trustees APPROVE the text amendment to the Estes Park Development Code as presented in Exhibit A as recommended by staff. CONTINUANCE I move to CONTINUE this agenda item to the next regularly scheduled Planning Commission meeting because…. (state reason(s) for continuance). DENIAL I move to recommend that the Estes Park Town Board of Trustees DENY the text amendment to the Estes Park Development Code as presented in Exhibit A, finding that . . . (state reasons for denial). Exhibits: Exhibit A (Red font with strikethrough is the existing Code text which staff proposed to delete, the red underline font is that which would be added.)  EPDC Chapter 4 Zoning Districts, Section 4.4 Nonresidential Zoning Districts, Subsection 4.4.C. Density and Dimensional Standards, Table 4 – 5: Density and Dimensional Standards Nonresidential Zoning Districts  EPDC Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms and Phrases, 13.3.126. Impervious Surfaces and 13.3.137. Lot Coverage 27 Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts  Zoning  District  Minimum Land  Area per  Accommodation  or Residential  Unit (sq. ft. per  unit)  Minimum Lot Size  – Area (sq ft)  Minimum Lot  Size – Width  (ft.)  Minimum  Building/Structure  Setbacks – Front  (ft.)  Minimum  Building/Structure  Setbacks – Side  (ft.)  Minimum  Building/Structure  Setbacks – Rear  (ft.)  Max.  Building  Height  (ft.)  Max Lot  Coverage  (%)  A  Accommodation Unit =1,800 [1];Residential Units: SF = 9,000;2-Family = 6,750;MF = 5,400 (Ord. 16- 10 §1; Ord. 19- 10 §1)  40,000 [2] (Ord. 15-11 §1) 100 [3]  Arterial = 25 [5];All other streets = 15  15 [6] (Ord. 15- 11 §1)  10 [6]  30 8050  A‐1  10,890 [10] (Ord. 19-10 §1; Ord. 16-10 §1)  15,000 [2] (Ord. 15-11 §1) 50 [3]  Arterial = 25 [5]; All other streets = 15  15 (Ord. 15-11 §1)   10 30 8030  CD  Accommodation Units Only = 1,800;SF & 2- Family (standalone) = 9,000; Dwelling Units (1st Floor) 1 unit per 2,250 square feet of gross land area Dwelling Units (2nd Floor) No minimum gross land area per unit (Ord. 15-03 §3)  Accommodation uses = 20,000 All other uses = n/a  SF & 2- Family (standalone) = 25; MF (standalone) = 100; All other uses = n/a  Minimum = 8 Maximum = 16  If lot abuts a residential property = 10; All other cases = 0  If lot abuts a residential property = 10; All other cases = 0  30 n/a  CO n/a  Lots fronting arterials = 40,000 [2]; Outdoor Commercial Recreation/ Entertainment = 40,000 [2] All other lots = 15,000 [2]  Fronting arterials = 200; All other lots = 50  Arterial = 25 [5]; All other streets =15  15 [6]   15 [6]  30 8065  O  Residential Units  (2nd Floor) 1 Unit  2,250 sq. ft. GFA  of principal use  15,000 [2]  Fronting Arterials = 200; All other lots = 50  Arterial = 25 [5]; All other streets = 15  15 [6]   15 [6]  30 8050  CH n/a 6,000 [2] 50 15 0 [6]   0 [6]  30 80  I‐1 n/a 15,000 [2]  Fronting Arterials = 200; All other lots = 50  Arterial = 25 [5]; All other streets = 15  10 [6]   10 [6]  30 80  28 CHAPTER 13. DEFINITIONS §13.2 – Use Classifications/Specific Use Definitions and Examples ... 126. Impervious Surfaces. a. Impervious surfaces shall mean those portions of a lot which are covered by development that prevents or impedes the passage or absorption of stormwater. b. This includes, but is not limited to principal and accessory buildings or structures, sidewalks, streets, driveways and parking areas. c. Porous pavement and graveled areas are included in this definition.Porous pavements and graveled surfaces which allow for the passage or absorption of stormwater are not to be considered as impervious surfaces. … … 137. Lot Coverage: a. Lot coverage shall mean those portions of a lot which are covered by development that prevents or impedes the passage or absorption of stormwater. b. This includes, but is not limited to, principal and accessory buildings or structures, sidewalks, streets, driveways and parking areas. c. Porous pavement and graveled areas are included in this definition.Porous pavements and graveled surfaces which allow for the passage or absorption of stormwater are not to be considered as impervious surfaces and do not contribute to lot coverage. …  29 30 COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Mike Scholl, Planning Professional, Ayes Associates Through: Randy Hunt, Community Development Director Date: March 16, 2021 RE: Draft Code Language: Amending the Estes Park Development Code to Provide for Increased Building Height in the Downtown Commercial Zoning District Planning Commission Objective: The following provides a preliminary review of a proposed ordinance to amending the Estes Park Development Code (EPDC), summarized as follows: • Revise § 4.4 - Nonresidential Zoning Districts, Section C.4. Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5, Density and Dimensional Standards Nonresidential Zoning Districts to allow for increased building height (three stories) for buildings in the CD Downtown Commercial zoning district. • Revise § 11.5 – Height Exception for Residential Developments in the CD Zoning District to provide for design guidance for buildings up to 40 feet (three-stories) for mixed-use buildings (residential and non-residential.) • Forthcoming Code language will be provided for the Special Review process to allow 4th- story buildings in specific circumstances. The currently proposed Code language in this report addresses the three-story by-right height increase in the Downtown Commercial District. Code Amendment Objective: The Code amendment under consideration would amend the Estes Park Development Code to allow for greater building height in the CD Downtown Commercial Zoning District. The purpose is to allow for greater opportunity for mixed-use development and opportunities to add much needed housing units. Specifically, building height within the CD Downtown Commercial Zoning District would be amended from 30 feet to allow buildings up to 40 feet in height for mixed-use buildings. Staff is also seeking input and discussion on allowances that allow exclusively multifamily residential buildings up to 45 feet in height to address workforce housing needs. Within the CD zoning district, 1st floor residential is not permitted on buildings that front Elkhorn Avenue, so unless that Code requirement is changed, would only be available in other areas in Downtown Commercial zoning. 31 In calculating the building height requirements, it is necessary to look at individual floor heights and how it factors into consideration. Typically, the floor height for a commercial building is roughly 14 to 16 feet (for new construction), and for residential the floor height is roughly 9 to 10 feet. Building heights are calculated from the mean average elevation of the finished grade (highest point + lowest point/2) and the mean height between the lowest point of the top plate and the highest ridge for a gable, hip or gambrel. For a for a flat roof, it is measured from the lowest point of the topmost plate. At forty feet in height, it provides flexibility in design for a mixed-use development. Having some flexibility allows for the additional architectural features that create visual interest and break up the roof line. This amendment was contemplated and called for in the Estes Park, Colorado Downtown Plan (adopted Jan. 2018) (see Attachment 4). The plan stated, as a key objective, “…a moderate increase in density and building height to promote housing development and Downtown activity.” (p. 52) The plan also included additional discussion regarding design constraints to minimize the visual impact on the downtown district. Specifically, the plan indicated a need to include setbacks and building articulation to ensure visual continuity with existing buildings in the downtown district. The Downtown Plan also contemplated taller buildings subject to some additional considerations and design criteria. According to the plan “Buildings up to four stories may be considered on a case-by-case basis on sites where the additional height is determined to not significantly impact views, privacy or other factors. The Town should develop a specific list of criteria and guidelines for review of such projects.” For residential-only projects, the 45-foot height restriction includes a maximum of four-stories with a fourth-floor setback. Additional design criteria are included in the draft amendment for §11.5 in the sections following. Additionally, the Estes Park Economic Development Corporation (“EDC”) has advocated for the availability of workforce housing in Estes Park. In the report, “The Economic Benefits of Implementing Workforce Housing in the Estes Park,” published in April of 2018 by the EDC, workforce housing was identified as a critical to the ongoing economic vitality of Estes Park. 32 The Downtown Plan included a map (see Attachment 4, p. 39) indicating certain areas where increased building height might be appropriate and where height might remain as the Code now reads. Staff believe this map is a good start, but likely needs more refining before it is used as a basis to distinguish between two-story areas and areas where buildings may be taller. This revised map will be available in the April or May Planning Commission meeting. Preliminary Staff Findings: The text amendments comply with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EVDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment to the code is limited to the CD Downtown Commercial Zoning District and would allow for the potential development of much needed residential units as stated in the workforce housing report published by the Estes Park Economic Development Corporation. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley:” Staff Finding: There is no specific “development plan” associated with this Code Amendment. Rather, the amendment addresses specific policy goals from the approved Estes Park Downtown Strategic Plan. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Town, County, or other relevant service providers would not be significantly impacted regarding their respective services and facilities if this Code Amendment is approved. Advantages: • Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. • Provides for the opporutnity to create much needed housing units. Disadvantages: • Building may detract from the views if not done properly. Action Recommended: Review the preliminary proposal for compliance as it relates to existing approved plans and the Estes Park Development Code (EVDC) §3.3.D Code Amendments, Standards for Review and provide direction to staff to move forward with a formal Code Amendment. (Note: This is a discussion item in March; a public hearing and vote will be scheduled upon further discussion.) Attachments: 33 1. Map CD Downtown Commercial Zoning District 2. Preliminary Draft Modifications - Table 4-5 - Density and Dimensional Standards Nonresidential Zoning Districts 3. Preliminary Draft Modifications -§ 11.5 – Height Exception for Residential Developments in the CD Zoning District 4. Excerpts from Estes Park Downtown Plan (Jan. 23, 2018), pp38-39: “Building Height and Scale” 5. Excerpt: “Building and Massing” (from draft materials for Estes Park Downtown Plan) (April 26, 2017). 34 Attachment 1 Map CD Downtown Commercial Zoning District 35 Attachment 2 Proposed Amendment Language: § 4.4 - Nonresidential Zoning Districts C. Density and Dimensional Standards. 4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts EXPAND Zoning District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size [7] Minimum Building/Structure Setbacks [4] [8] Max. Bldg Height (ft.) [9] Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.) Side (ft.) Rear (ft.) CD Accommodation Units Only = 1,800; SF & 2- Family (standalone) = 9,000; Dwelling Units (1st Floor) 1 unit per 2,250 square feet of gross land area Dwelling Units (2nd or higher floors) No minimum gross land area per unit (Ord. 15-03 §3) Accommodation uses = 5,000 All other uses = n/a 25 Minimum = 0 Maximum = 10 If lot abuts a SF residential property = 10; All other cases = 0 If lot abuts a SF residential property = 10; All other cases = 0 40 for mixed use buildings; 45 for residential buildings; subject to the provisions contained in § 11.5 n/a 36 Attachment 3 Proposed Amendment Language: § 11.5 - HEIGHT EXCEPTION FOR RESIDENTIAL DEVELOPMENTS IN THE CD ZONING DISTRICT [Reserved for Future Use] {INSERT} A. Purpose. This Section is intended provide design guidelines for projects seeking to build two, three and four story buildings in the CD Zoning District through new construction or additions to existing buildings. B. Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are eligible to build to a maximum of 40 feet with an additional 5-foot allowance provided the building is 100 percent residential use. This Section's height allowance for downtown residential projects shall not be available and shall not be applied in any zoning district except the CD zoning district. C. Development and Design Standards. 1. Short-Term Rentals Prohibited. Housing units approved under provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days. (see §5.1. B) 2. Buildings shall not exceed four floors. 3. The fourth floor shall include a setback of no less than 8 feet from the property line. 4. Roof design shall reduce the mass and scale of buildings and add visual interest. Flat roofs shall have parapets to conceal the roof and mechanical equipment from ground level views. 5. Exterior siding consisting of wood, brick, and/or other materials with natural textures is encouraged. The use of recycled and ecologically friendly materials is also encouraged. 6. Exterior building materials shall be of similar type (e.g., wood or masonry) on all sides of a building, except that embellishments and details proposed for the street side frontage(s) of the building need not be carried through on other sides. 7. For building projects seeking to the use the height allowance, the following design guidelines are strongly encouraged: 37 a. To encourage horizontal articulation, and to modulate the apparent size and scale of a building, a portion(s) of the street facing façade should be stepped forward or backward from the predominant facade plane of the building. b. To incorporate vertical articulation and modulate the apparent size and scale of a building, horizontal detailing shall be included in the overall design. c. To modulate the apparent size and scale of a building, the street-facing façade shall include some application of projected architectural elements from the plane of the facade. d. To the greatest extent possible, to modulate the apparent size and scale of a building, the roofline shall include some vertical breaks 38 A VISION FOR A RESILIENT FUTURE ESTES PARK, COLORADODOWNTOWN PLAN JANUARY 23, 2018 39 4 CONCEPT & FRAMEWORK Estes Park, Colorado - Downtown Plan January 23, 2018 38 Building Height and Scale Buildings between a maximum of two and three stories are recommended for Downtown. However, upper stories, and in particular the third story of a building, should be modulated to minimize the solar impacts and perceived mass and scale of a building. Maximum heights of two stories are recommended adjacent to rivers, sensitive neighborhood edges and topographic/environmental features. Figure 4.6 shows recommended building heights for Downtown. Buildings up to four stories may be considered on a case by case basis on sites where the additional height is determined to not significantly impact views, privacy or other factors. The Town should develop a specific list of criteria and guidelines for review of such projects. UPPER STORY ARTICULATION Third story articulation should be required for all Downtown projects. A combination of upper floor articulation techniques is appropriate, including: • Stepbacks - The third floor of a building is set back further from the street or another edge than that of the first and second floor. • Height Variation - Some components of a building are at a two story scale with other components at a three-story scale. • Strategic Location of Three Story Components - Depending on the context, it may be possible to locate a third story at a location on the site such that it has no visible impact to the street or adjacent properties. This may include a component of a building at the rear of a site adjacent to a hillside and away from a street. Upper story articulation is particularly important where there is a need to address: • Preserving a Viewshed - Stepbacks of upper floors along a street or other public way may help to preserve mountain views. • Maintaining a Lower Scale along the Street - Stepbacks and height variation on upper floors can help to preserve the perception of a two story scale at the street edge, which is generally consistent with current Downtown buildings. • Sensitive Transitions -Third story articulation methods may be appropriate when trying to provide a sensitive transition in scale to a lower-scaled adjacent use. • Significant Topographic Change Between Properties - Where topography creates a more intense grade change between two properties, articulation of upper stories may be necessary. This is particularly important when a new building is at a higher grade than its low scale residential neighbor. The juxtaposition of buildings in these two conditions creates a dramatic difference that should be designed sensitively. • Maximization of Solar Exposure - To maximize solar exposure of key outdoor spaces or the sidewalk, height variation and upper floor stepbacks can help to ensure that sunlight shines through. This is particularly important in winter months. It is important that a design employs special features to help articulate the third floor of a building. Some components of a building can be at a two- story scale with other components at a three-story scale. 35 3540 CONCEPT & FRAMEWORK 4 January 23, 2018 Estes Park, Colorado - Downtown Plan 39 Figure 4.6-Recommended Building Heights 36 3641 ESTES PARK DOWNTOWN PLANLunch & Share Session: Small Town ArchitectureApril 26, 201742 Density + MassingAdding Stories without Altering Small Town Main Street Character •Step backs allow scale of street to remain while preserving access to sunlight43 Density + MassingAdding Stories without Altering Small Town Main Street Character Ketchum, IDGraphic by Winter + Co44 Density + MassingAdding Stories without Altering Small Town Main Street Character Ketchum, IDGraphic by Winter + CoVariations in Massing: Same floor area, with variations in scale at street edge45 Density + MassingAdding Stories without Altering Small Town Main Street Character Massing Studies along West Elkhorn46 47 3/11/2021 CURRENT PROJECTS Submittal Date Application Type Project Name Location Recomm ending/ Decision Making Bodies Next Proposed Meeting Date Ex-Parte Prohibited Staff 8/3/2020 Code Amendment Downtown Building Height discussion only PC 16-Mar RH 10/2/2020 Special Review Cell Tower 1575 S St Vrain TB 23-Mar JW 1/4/2021 Code Amendment Solar Setbacks PC 16-Mar AB 1/15/2021 Code Amendment Impervious Lot Coverage PC 16-Mar JW 2/1/2021 Annexation High Pines Subdivision 1,11 Riverside Dr PC tbd yes AB 3/5/2021 Location and Extent Climbing Rock/Picnic Area 691 S St. Vrain PC 20-Apr AB 3/10/2021 Large Vacation Home Review 925 Elk Ridge Ct PC 20-Apr key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment TRC-Technical Review Committee staff: JW-Jeff Woeber RH-Randy Hunt AB-Alex Bergeron AA-Ayres Associates (consultants) *Scheduled Neighborhood Meetings:Meeting Location Date 48