Loading...
HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2020-09-15(Instructions continued on page 2, Agenda begins on page 3) PLANNING COMMISSION – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, September 15, 2020 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. ADVANCED PUBLIC COMMENT Options for the Public to Provide Input: 1. By Public Comment Form: Members of the public may provide written public comment 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 12:00 p.m., Monday, September 14, 2020. All comments will be provided to the Commission for consideration during the agenda item and added to the final packet. 2. By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-3721. The calls must be received by 12:00 p.m., Monday, September 14, 2020. All calls will be transcribed and provided to the Commission for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 1-346-248-7799 Enter the Meeting ID for the September 15, 2020 meeting: 937 7127 2278 followed by the pound sign (#). The meeting will be available beginning at 8:45 a.m. the day of the meeting. Please call into the meeting prior to 9:00 a.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Chair will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Commission. Once you are announced by phone: • State your name and address for the record. • DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. 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 September 9, 2020 1 NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https//zoom.us/s/93771272278 – Zoom Webinar ID: 937 7127 2278. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “EP Planning Commission”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 1:20 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting. Request to Speak: For public comments, the Chair will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to be heard. • You will experience a short delay prior to re-connecting with the ability to speak. • State your name and address for the record. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom Webinar. o The link can be found above. • Click “Participate Virtually EP Planning Commission” meeting • DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The EP Planning Commission meetings will be live-streamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation, material must be emailed by Monday, September 14, 2020 by 4:00 p.m. to the Community Development office at planning@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by email to planning@estes.org, or by completing the Public Comment form at https://dms.estes.org/forms/EPPCPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-3721. All calls must be received by 4:00 p.m., Monday, September 14, 2020. All comments received will be provided to the Commission and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing planning@estes.org or calling (970) 577-3721 by Monday, September 14, 2020 at 4:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to planning@estes.org by 8:00 a.m. Monday, September 14, 2020 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Estes Park Planning Commission or under the Planning Commission section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing planning@estes.org or calling (970) 577-3721. 2 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, September 15, 2020 1:30 p.m. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1. Planning Commission Minutes dated August 18, 2020 ACTION ITEMS: 1. Amended Plat: 1700 Big Thompson Avenue, Estes Park Resorts Senior Planner Woeber 2. Code Amendment: Amended Plat/Boundary Line Adjustment Process Senior Planner Woeber REPORTS AND DISCUSSION ITEMS: • Increased Building Height in CD- Downtown Commercial Zone District • Parking Regulations for Multi-Family Developments ADJOURN Prepared 09/09/2020 3 4 Town of Estes Park, Larimer County, Colorado, August 18, 2020 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 18 day of August, 2020. Committee: Chair Matt Comstock, Vice Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Steve Murphree. Attending: Chair Comstock, Vice Chair Heiser, Commissioners Elkins, Hanson, Murphree, Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liaison Barbara MacAlpine, Town Attorney Dan Kramer Absent: None Chair Comstock called the meeting to order at 1:30 p.m. PUBLIC COMMENT. None AGENDA APPROVAL It was moved and seconded (Murphree/Heiser) to approve the agenda and the motion passed 5-0. CONSENT AGENDA APPROVAL It was moved and seconded (Elkins/Hanson) to approve the consent agenda and the motion passed 5-0. LOCATION AND EXTENT: BIRCH RUINS Planner Bergeron reviewed the staff report prepared by Ayres Associates requesting the installation of interpretive signage and deck extension to the structure at the Birch Ruins, a historic site located in the Knoll Willows Open Space. Derek Fortini, Museum Director, explained that the lapse in time from when this project was approved to now was due to grant money approval. No trails are proposed to be impacted, including the "car tracks" visible on the satellite photo, which is accessible for police and parks departments. There are no plans to rehabilitate this vehicle trail. Mike Todd, Cornerstone Engineering, described the deck platform as being expanded metal decking with steel railing. Viewshed of Longs Peak is one of the main reasons for this expansion as is that the decking will preserve the site and make it safer. It was moved and seconded (Murphree/Hanson) to approve the Location and Extent Review for the Birch Ruins with findings and by staff. The motion passed 5-0. CODE AMENDMENT: AMENDED PLAT REVIEW PROCESS Senior Planner Woeber explained that this Amendment involves changes to the Estes Park Development Code (EPDC), Chapter 3 "Review Procedures and Standards" and Chapter 10, "Subdivision Standards" to allow for an administrative review and approval process for minor adjustments to property lines or elimination of interior property lines. Staff request continuance of this code amendment to allow for additional review by the Town Attorney's office and staff. It was requested that the staff report for this be distributed to the Commission earlier than the next meeting date for the Commission to have extra time to review. It was moved and seconded (Heiser/Murphree) to continue the item to September 15, 2020. The motion passed 5-0. 5 Estes Park Planning Commission – AUGUST 18, 2020 – Page 2 REPORTS: • Director Hunt explained that the proposed parking-realted Code amendment would be delayed another month to provide staff more time to review. • Downtown building height will be a discussion item in September. Concepts for this proposed Code Amendment come from the 2017 Downtown Plan. Downtown real estate is usually at a higher price point and going vertical is a way to add square footage. The plan allows for a three-story maximum height (38-40 foot limit) in certain core areas of downtown, and a two-story maximum height along the river corridors. The traditional method for achieving this is to have an overlay zone. Discussion: Commissioners Hanson and Heiser spoke on the complications of having a way to implement "maximum elevation from sea-level." Public Works has a way of producing a map/inventory of downtown buildings by using a theodolite. In answer to Chair Comstock's question as to why this amendment is needed, Hunt responded with three reasons: 1) Add residential on top of commercial space 2) Downtown building stock is aging and there is increased interest in redevelopment 3) Flood plain areas Design standards and guidelines are discussed in the Downtown Plan. There was considerable dialog on mandatory architectural styles. Unification from the public will be a significant undertaking and extremely difficult. Sticking to building heights will make the process easier. Director Hunt will reach out to the Town's Public Information Officer on ways to inform the public before the next meeting. It was pointed out that the River Walk was not referenced in the downtown map and should be updated. Vice-Chair Heiser requested that Trustee MacAlpine bring this up in her report during a Town Board meeting. • DOLA has pushed back the application deadline to October 1 for the Comprehensive Plan • Technical Review Committee public hearing meeting on Monday, August 24, to review the Stanley Hotel Carriage House. • County Commissioners appointed a Planning Advisory Committee for the unincorporated Estes Valley. This committee may have the possibility of working with the EP Planning Commission. There being no further business, Chair Comstock adjourned the meeting at 3:12 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary 6 7 ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: September 15, 2020, 1:30 p.m., virtual (online) meeting, no physical location. Note: The public hearing will be conducted electronically. Advance registration for testifying at the public hearing is preferred to ensure an orderly hearing. Information for participation in the public hearing will be provided in the published agenda, which will be available at https://estespark.colorado.gov/boardsandmeetings. APPLICANT REQUEST: This application proposes approval of a Second Amended Plat to provide an additional garage, and slightly reconfigure utility easements within a platted “Townhome Subdivision.” STAFF OBJECTIVE: 1. Review for compliance with the Estes Park Development Code (EPDC); and 2. Provide a recommendation to the Town Board. LOCATION: Located in the Estes Park Marina area near Lake Estes, addressed as 1700 Big Thompson Avenue in the Town of Estes Park. OWNER/APPLICANT: Mountain Village Development, LLC CONSULTANT/ENGINEER: Cornerstone Engineering and Surveying, Inc., Jes Reetz STAFF CONTACT: Jeffrey Woeber, AICP, Senior Planner DESCRIPTION: This project went through a lengthy and comprehensive review process in June 2017. The Estes Park Resort Townhome Subdivision created 33 lots on a parcel approximately 9 acres in size. The property is zoned A (Accommodations). The subdivision, as well as the development plan that was approved for the project, involves 32 lots for individual accommodations units, and one lot for an existing hotel/lodge. The Estes Park Resort Townhome Subdivision was recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20180005399, on January 26, 2018. Development Plan No. 2017-05 was approved by the Estes Valley Planning Commission on June 20, 2017. An Amended Plat was reviewed and approved by the Town Board in November 2019, which eliminated two of the 32 Townhome lots, and slightly reconfigured the layout of the remaining lots. That Amended Plat was recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20200018555, on March 18, 2020. Second Amended Plat Estes Park Resort Townhome Subdivision Estes Park Community Development Department, Planning Division Room 210, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org 8 ESTES VALLEY PLANNING COMMISSION, SEPTEMBER 15, 2020 PAGE 2 OF 3 AMENDED PLAT, ESTES PARK RESORT TOWNHOME SUBDIVISION The project is currently being developed, and the owner/applicant determined during the construction process that an additional garage unit was possible. This, however, requires another minor revision to the recorded plat. A Minor Modification to the approved Development Plan is also needed, and it is concurrently being processed by staff per EPDC Section 3.7.A. That change will not be approved unless/until the plat amendment is approved. There is also some minor realignment of utility easements, which have been reviewed and approved by the respective utility providers. No other changes are proposed. Staff does recommend a change in the plat’s title to avoid confusion – see “Findings” section below. REVIEW CRITERIA: Per the EPDC, Section 3.9 Subdivisions, Subsection 3.9.1.b., a “Boundary Adjustment” involving lots in a platted subdivision is to be titled “Amended Plat.” An Amended Plat is considered, under Section 3.9, a type of “Minor Subdivision.” Minor Subdivision requires a recommendation by the EPPC and action by the governing body, in this case the Town Board. SITE DATA TABLE: Surveyor: Cornerstone Engineering and Surveying, Inc. Parcel Number: 2529208001 Zoning: A (Accommodations) Adjacent Zoning: East: CO (Outlying Commercial) North: A (Accommodations) West: E-1 (Estate) South: CO (Outlying Commercial) Adjacent Land Uses: East: Lake Estes Marina North: Motel West: Residential South: Lake Estes Services: Water, Electric: Town of Estes Park Sewer: UTSD REVIEWING AGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment. No concerns were expressed by reviewing agencies. PUBLIC COMMENTS: Notice was published, and sent to adjacent property owners in accordance with the notice requirements in the EPCD Section 3.15 General Notice Provisions. At this writing, no written comments have been received for this application. Written comments will be posted to www.estes.org/currentapplications . 9 ESTES VALLEY PLANNING COMMISSION, SEPTEMBER 15, 2020 PAGE 3 OF 3 AMENDED PLAT, ESTES PARK RESORT TOWNHOME SUBDIVISION STAFF REVIEW, FINDINGS: 1. This proposal complies with applicable sections of the EPDC. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3. Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 4. This is a Planning Commission recommendation to the Town Board. 5. Staff finds that the title on the provided Plat is likely to be confusing. The title (see Attachment 4) is given as “Amended Plat of Estes Park Resort Amended Plat.” Staff recommends a condition of approval that the plat be retitled as “Second Amended Plat of Estes Park Resort,” and that an exhibit with the revised title be provided to staff in time to schedule for Town Board hearing and consideration. RECOMMENDATION: Staff recommends the Estes Park Planning Commission forward a recommendation of approval of the Second Amended Plat to the Town of Estes Park Board of Trustees, with staff findings. Staff recommends the following condition be added to the approval: 1. This plat shall be retitled the “Second Amended Plat of Estes Park Resort” and a retitled exhibit provided prior to scheduling for Town Board hearing and consideration. SAMPLE MOTION: I move to recommend the Estes Park Board of Trustees approve the Second Amended Plat to add a garage and reconfigure utility easements to the Estes Park Resort Townhome Subdivision, as described in the staff report, with the findings as recommended by staff, including the following condition of approval: 1. This plat shall be retitled the “Second Amended Plat of Estes Park Resort” and a retitled exhibit provided prior to scheduling for Town Board hearing and consideration. Attachments: 1. Vicinity Map 2. Statement of Intent 3. Application 4. Amended Plat 10 Site Location Ú LAKE ESTES BIG T H O M P S O N A V EDRY GULCH RDEAST LNWEST LNN SAINT VRAIN A V E ELKTRAILCTNORTH LN RAV E N A V E WILDFIRE RD LAKEFRONTS TPINE LN SOUTH LN W H IG HWAY34LONEPINEDROTIS L N GRANDESTATES DR DEERP A TH C T B E LLEVUE DRRAVEN CIRP T A R M IG A N TRL VISTA L N D E VILS GU L C H R DMALL RDSUMMIT DR HIGH PINE DR H I L L SIDELNMA C CRACKEN LN NORTH RI DGELNNORTHLAKEAVE HAYBARN H ILLRDRED TAIL HAWK DR 1STSTSTONEGATE DR OLYMPUS LN EBEACH LN SOARI N G C I R AXELL RD WESTON LNFREELAND CT 0 500 1,000 Feet -Town of Estes ParkCommunity Development Printed: 11/13/2019 Created By: jeff woeber Project Name: Project Description: Amended Plat Estes Park Resort Townhome SubdivisionFor Illustrative Purposes Only 11 July 15, 2020 Town of Estes Park Community Development P.O. Box 1200 Estes Park, Co. 80517 RE: Estes Park Resort Minor Modification and Amended Plat Mr. Randy Hunt, Cornerstone Engineering and Surveying, Inc. (CES), on behalf of the owners Rocky Mountain Hotel Properties I, LLC, is submitting an Minor Modification to the approved development plan and Amended Plat for the Estes Park Resort Townhomes. Every attempt has been made to ensure the application meets the guidelines of the Estes Valley Development Code (EVDC). Legal Description Estes Park Resort, Town of Estes Park, County of Larimer, State of Colorado Minor Modification The owners propose to add an additional garage space and revise the parking/drive layout in the southwest corner of the development. The proposed drive will be shortened and parking shifted from the south side of the proposed garages to the north side. No utilities or drainage patterns will be affected by this proposed modification. Amended Plat The plat will be amended to account for the additional garage space as well as dedicate necessary utility easements. Sincerely, Cornerstone Engineering & Surveying, Inc. Jes Reetz Planner 12 Revised 2020.04.23 ks Condominium Map Preliminary Map Final Map Pre-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None Town Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Rezoning Petition Annexation Request Extension Other: Please specify Project Name Supplemental Map ESTES PARK PLANNING DEPARTMENT APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent 2 copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721  Fax: (970) 586-0249  www.estes.org/CommunityDevelopment Town of Estes Park  P.O. Box 1200  170 MacGregor Avenue  Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org PLEASE CHECK ONLY ONE BOX Sign Purchase ($10) 13 Revised 2020.04.23 ks Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date DateApplicant Record Owner Applicant Fax Names: Email Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. Phone Cell Phone Mailing Address Applicant Fax Phone Email Contact Information Phone Cell Phone Cell Phone Mailing Address Mailing Address Record Owner(s) Email Signatures: Fax I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. MINERAL RIGHT CERTIFICATION APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Record Owner 14 Revised 2020.04.23 ks ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. http://www.estes.org/DevCode Record Owner Applicant Signatures: I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. Record Owner Applicant I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. Names: In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: 15 16 17 Memo COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Jeffrey Woeber, Senior Planner Date: September 15, 2020 RE: Amendments to the Estes Park Development Code 1)Allow an Amended Plat, a Boundary Adjustment, or a Land Consolidation Plat to be Defined as a “Minor Adjustment,” and to be Processed as a Staff Level Review 2) Increase the time for submitting a Subdivision Plat for Recording from the Current Sixty (60) Days to One Hundred and Eighty (180) Days Planning Commission Objective: Review and provide a recommendation for a proposed text amendment to the Estes Park Development Code (EPDC), to allow a Boundary Adjustment, Amended Plat, or Land Consolidation Plat to be defined as a “Minor Adjustment,” and to be processed as a staff level review. The amendment also proposes increasing the time for submitting a subdivision plat for recording from the current 60 days, to 180 days. Code Amendment Objective: Currently the EPDC defines an Amended Plat, Boundary Adjustment, or a Land Consolidation Plat as a Minor Subdivision, requiring Planning Commission review and Board approval. As typically there is little or no impact from these “Minor Adjustment” processes, they can appropriately be reviewed and processed by staff. The amendment would also allow a more realistic time frame for receipt and recordation of Final Subdivision Plats. Staff proposes changes to the EPDC, summarized as: 1.Amend Chapter 3, Review Procedures and Standards, Section 3.9 Subdivisions, to differentiate a “Minor Subdivision” from a “Minor Adjustment.” A “Minor Adjustment” would be an “Amended Plat,” “Boundary Adjustment,” or a “Land Consolidation Plat.” There are existing definitions in the EPDC of “Boundary Adjustment” and “Land Consolidation Plat.” Staff has added a definition of “Amended Plat” as this is not currently defined in the EPDC. Minor Subdivisions will continue to be limited to subdivisions involving not more than four lots, with each fronting onto an existing street and not requiring extension of public facilities. These Minor Subdivisions are currently defined as “Frontage Lots.” The amendment would redesignate such subdivisions as “Minor Subdivisions,” in accord with best planning practice. Minor Subdivision would require Planning Commission review and Board approval as they do now. A Minor Adjustment would be a staff level review. 18 SEPTEMBER 15, 2020 EPPC CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 2 OF 4 2.Amend Chapter 3, Review Procedures and Standards, Section 3.2 Standard Development Review Procedure, G. Summary Table—Standard Development Review Process by Application Type, by adding a “Minor Adjustment” category which specifies a required staff review. 3.Amend Chapter 10, Subdivisions, Section 10.2 Applicability/Scope, to differentiate a Minor Subdivision from a Minor Adjustment, consistent with what is proposed for Section 3.9 (see No. 1., above). 4.Amend Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms, and Phrases, by amending the existing definition of Minor Subdivision, to be consistent with the rest of this proposed code amendment (see No. 1., above). 5.Amend Chapter 3, Review Procedures and Standards, Section 3.9.F.1. Effect of Approval of a Minor Subdivision, and Section 3.9.F.3. Effect of Approval of a Final Subdivision Plat, by increasing the time period to submit a plat for recording, after approval, from the current sixty (60)days, to one hundred and eighty (180) days. Background, Discussion: There has been some inconsistency in past years in Community Development’s processing of Amended Plats and similar, where lots or parcels are consolidated (combining two or more into one), or where a lot line or lot lines are slightly adjusted. Staff has found examples where Amended Plats have been processed at staff level. This has not caused any issues that staff is aware of. However, staff recently realized that strict interpretation of the applicable review procedures within the EPDC, Section 3.9 require any of these to be processed as a “Minor Subdivision,” rather than, for example, a “Minor Modification to an Approved Final Plan” as provided for in Section 3.7. Minor Subdivisions require review by the EPPC and Board approval. The technical terms “plan” and “plat” refer to different instruments in typical best planning practice, so the wording and structure in Section 3.7 is a bit careless at best. Any subdivision process that creates two or more new lots from a parent parcel must appropriately go through a review and approval process involving public notice, public meetings, Planning Commission review, and Board approval. However, for Minor Adjustments, that do not involve creation of any additional lots or building sites, there is little or no impact and they can be appropriately processed by staff. This is staff’s recommendation, which matches usual and customary regulatory practice in most North American local jurisdictions. Staff has detailed the revisions to the Chapters as outlined above, in Exhibit A. Staff has other revisions within Chapters 3 and 10, for consistency and clarity. These include a provision for compliance with the requirements within the EPDC’s Appendix B, Submittal Requirements as determined by the Community Development Director. This is due to the EPDC’s Appendix B currently having no specific requirements or references whatsoever to Minor Subdivision, Amended Plat, Boundary Adjustment, or Land Consolidation Plat. Apparently this was an oversight on the part of the original authors of the EPDC. Applying all of the Preliminary Plat and Final Plat requirements listed within Appendix B is unnecessary, and many are inapplicable. The increase from the 60-day submittal time period to 180 days is to provide a better, more reasonable period to submit a plat for recordation after approval. This will allow much more flexibility for both the applicant and for staff, and avoid unnecessary extensions or expirations. 19 SEPTEMBER 15, 2020 EPPC CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 3 OF 4 Staff recommends the Estes Park Planning Commission recommend approval of the language in Exhibit A to the Town Board of Trustees. 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 “development plan” associated with this and in fact it involves subdivision review standards and regulations. Staff notes although there is no development plan being allowed by this Code Amendment, nothing within the 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. Advantages: •Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review, as applicable. •Establishes and clarifies a review procedure for Amended Plats and similar that can streamline the process, which benefits both the Town and the residents of Estes Park. •Provides a more reasonable and realistic time period to submit a plat for recordation. Disadvantages: •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. 20 SEPTEMBER 15, 2020 EPPC CODE AMENDMENT, AMENDED PLAT PROCESS PAGE 4 OF 4 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, with findings 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). Exhibit: 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 3, Review Procedures and Standards, Section 3.9 Subdivisions EPDC Chapter 3, Review Procedures and Standards, Section 3.2 Standard Development Review Procedure, G. Summary Table—Standard Development Review Process by Application Type EPDC Chapter 10, Subdivisions, Section 10.2 Applicability/Scope EPDC Chapter 13 Definitions, Section 13.3 Definitions of Words, Terms, and Phrases, 235. Subdivision, Minor 21 § 3.9 - Subdivisions A.Purposes. The purpose of the subdivision review process is to ensure compliance with the subdivision standards and provisions of this Code, while encouraging quality development in the Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan. B.Applicability. All subdivisions shall be subject to the approval procedures set forth in this Section. C.Procedure for Approval of Subdivisions (Except Minor Subdivisions and Minor Adjustments) 1.General. Subdivisions are approved in two (2) stages: first, a preliminary subdivision plan is approved, and second, a final subdivision plat is approved and recorded. The Board of Trustees or the Board of County Commissioners is the entity with final approval authority for both preliminary and final subdivision plats, depending on the location of the property. 2.Procedure for Approval of Preliminary Subdivision Plats. Applications for preliminary subdivision plat approval shall follow the standard development approval process set forth in §3.2 of this Chapter. 3.Procedure for Approval of Final Subdivision Plats. Applications for final subdivision plat approval shall follow the standard development approval process set forth in §3.2 of this Chapter, except that Step 4 (EVPC Review and Action) shall not apply. D.Minor Subdivisions and Minor Adjustments. 1.Defined. Minor subdivisions shall be defined as follows: Minor Subdivisions and Minor Adjustments are categorized as follows: a.Frontage Lots Minor Subdivision . Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall also be a minor subdivision, provided that each resulting lot fronts onto an existing street, and that the subdivision entails no extension of public facilities. No more than a total of four (4) lots shall be created out of a lot, tract or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. Frontage Lot subdivisions shall be titled as a "Subdivision." (Ord. 18-01 #8; Ord. 8-05 #1) b.Boundary Adjustments . Division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes, shall be considered a minor subdivision for review procedure. Boundary Adjustments shall be titled as a "Boundary Line Adjustment" for properties not within a platted subdivision or "Amended Plat" for properties within a platted subdivision. Minor Adjustment. Minor Adjustments are Amended Plats, Boundary Line Adjustments, or Land Consolidation Plats: The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1) "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes. The area added to each lot shown hereon by such adjustment is to be considered an 22 addition to, shall become a part of, and shall be conveyed together with, each lot as shown." (Ord. 8-05 #1) c. Land Consolidation Plats . Unplatted contiguous legal lots approved for single-family residential development can be combined with a land consolidation plat. Land Consolidation Plats shall be titled as a "Land Consolidation Plat." The final plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1) "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes." (Ord. 8-05 #1) (1) Amended Plat. An Amended Plat is an instrument to amend a recorded subdivision plat. An Amended Plat is a revision to a recorded subdivision plat, or a portion of a recorded subdivision plat. An Amended Plat may reconfigure lots, vacate interior lot lines, change or eliminate a platted building envelope, or correct drafting or technical errors. To qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered subdivision plats under subsection (C), above, and shall require a public hearing before the Town Board of Trustees. (2) Boundary Adjustment shall mean the division of one (1) or more lots, tracts or parcels of land for the sole purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes. (3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family residential development may be combined with a Land Consolidation Plat, provided that the new lot conforms to all requirements of this code. Land Consolidation Plats shall be titled as “Land Consolidation Plat.” The final plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: “Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes.” 2. Hazard Areas. Except Land Consolidation Plats, aAreas with geologic hazards as defined by §7.7 of this Code shall not be eligible for the minor subdivision process. (Ord. 18-01 #9; Ord. 8-05 #1) 3. Procedure for Approval of Minor Subdivisions and Minor Adjustments. Applications for minor subdivision or minor adjustment approval shall follow the standard development approval process set forth in §3.2 of this Chapter. , except that Land Consolidation Plats shall not be subject to review by the Planning Commission. Land Consolidation Plats shall follow the review timeframe established for Final Plats. (Ord. 18-01 #10; Ord. 8-05 #1) 4. Submittal Requirements. Boundary Line Adjustments and Amended Plats A Minor Adjustment shall follow the applicable subdivision submittal requirements within the EPDC Appendix B. II., as determined by the Community Development Director or designee. involving exchange of land shall require deeds describing the resultant parcels, signed and dated by owners, and dated and sealed by a Notary Public, to be submitted with the Mylars. (Ord. 18-01 #11; Ord. 8-05 #1) 23 5. Modifications and Waivers. The Community Development Director, or designee, shall have authority to grant modifications and/or waive standards set forth in Chapter 10 in conjunction with an Amended Plat, Boundary Adjustment or Land Consolidation Plat. Approval of requested modifications and/or waivers shall require that the Director finds that approval of such modification and/or waiver: (Ord. 8-05 #1) a. Advances the goals and purposes of this Code; (Ord. 8-05 #1) b. Either results in less visual impact, more effective environmental or open space preservation, relieves practical difficulties in developing a site or results in the use of superior engineering standards than those required by this Code; (Ord. 8-05 #1) c. There will be no increase in the intensity of use; and (Ord. 8-05 #1) d. There will be no increase in development and/or demand for services that necessitates compliance with EPVDC standards. (Ord. 8-05 #1) E. Standards for Review. All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of this Code. For minor subdivisions, the EVPC shall also find that approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. F. Effects of Approval. 1. Effect of Approval of a Minor Subdivision or Minor Adjustment. Within sixty (60) one hundred and eighty (180) days of the Board's approval of the minor subdivision or minor adjustment, the developer shall submit the minor subdivision or minor adjustment final plat for recording. If the minor subdivision or minor adjustment plat plan is not submitted for recording within this sixty-day one hundred and eighty day time period, the approval shall automatically lapse and be null and void. (Ord. 8-05 #1) 2. Effect of Approval of a Preliminary Subdivision Plan. a. Within twelve (12) months from the date of the final approval of a preliminary subdivision plat, the developer shall submit an application for final subdivision plat for either all or at least one (1) phase of the proposed subdivision. b. An approved final subdivision plat for any phase of the preliminary subdivision plan shall extend the life of the preliminary subdivision plan for an additional twelve-month period from the date the final subdivision plat is approved. If the original twelve-month period or any successive twelve-month period expires before a final subdivision plat is approved, then the preliminary plan approval automatically lapses and becomes null and void. c. During the period in which an approved preliminary subdivision plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary subdivision plat approval. However, the Applicant shall comply with those local laws and regulations adopted subsequent to the approval of such preliminary subdivision if the Estes Valley Planning Commission determines, on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety or welfare. 3. Effect of Approval of a Final Subdivision Plat. Within sixty (60) one hundred and eighty (180) days from the date of the Board's action on the final subdivision plat, the Applicant shall make all required revisions, if any (see §3.2.E above), and shall submit the final subdivision plat 24 to the Town for recording. If the final plat is not submitted for recording within this sixty-day one hundred and eighty day time period, the approval shall automatically lapse and be null and void. 25 § 3.2 - Standard Development Review Procedure G. Summary Table—Standard Development Review Process by Application Type. "V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable "APP" = Appeals "BOA" = Board of Adjustment "SR" = Special Requirements (Refer to Text) Step 1 Pre- Application Conference Step 2 Neighborhood & Community Meeting Step 3 Application/ Completeness Certification Step 4 Staff Review & Report Step 5 EVPC Action Step 6 Board Action Minor Subdivision (Ord. 18-01 #5 M V A A A A Minor Adjustment V V A A N/A N/A 26 § 10.2 - APPLICABILITY/SCOPE A. General. Prior to subdividing any tract of land in the Estes Valley, including land being annexed into the Town, the subdivider shall comply with all of the standards set forth in this Code and obtain approval pursuant to the procedures set forth in Chapter 3. No building permits shall be issued for any improvement or work on any parcel not subdivided in compliance with this Chapter. No owner or agent of the owner of any land located within an addition or subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by the use of a plan, plat or map of an addition or subdivision before such plan, plat or map has been approved pursuant to the provisions of this Chapter and Chapter 3 of this Code and recorded in the office of the clerk and recorder of Larimer County, Colorado. B. Minor Subdivisions and Minor Adjustments. Minor Subdivisions and Minor Adjustments are subject to full review and compliance with the applicable standards set forth in Chapter 10 and the applicable submittal requirements set forth in Appendix B,.as determined by the Community Development Director or designee. (Ord. 18-01 #22) 1. Frontage LotsMinor Subdivision. Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall also be considered a minor subdivision, provided that each resulting lot fronts onto an existing street, and that the subdivision entails no extension of public facilities. No more than a total of four (4) lots shall be created out of a lot, tract, parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. Frontage Lot Minor sSubdivisions shall be titled as a "Subdivision." (Ord. 18-01 #23; Ord. 8-05 #1) 2. Boundary Adjustments Minor Adjustments. Minor Adjustments are Amended Plats, Boundary Line Adjustments, or Land Consolidation Plats: Division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes, shall be considered a minor subdivision for review procedure. Boundary Adjustments shall be titled as a "Boundary Line Adjustment" for properties not within a platted subdivision, or "Amended Plat" for properties within a platted subdivision. The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1) "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes. The area added to each lot shown hereon by such adjustment is to be considered an addition to, shall become a part of, and shall be conveyed together with, each lot as shown." (Ord. 8-05 #1) 3. Land Consolidation Plats. Unplatted contiguous legal lots approved for single-family residential development can be combined with a Land Consolidation Plat. Land Consolidation Plats shall be titled as a "Land Consolidation Plat". The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: (Ord. 8-05 #1) "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes." (Ord. 8-05 #1) (Ord. 18-01 #22, 23, 10/23/01; Ord. 8-05 #1, 6/14/05) 27 (1) Amended Plat. An instrument to amend a recorded subdivision plat. An Amended Plat is a revision to a recorded subdivision plat, or a portion of a recorded subdivision plat. An Amended Plat may reconfigure lots, vacate interior lot lines, change or eliminate a platted building envelope, or correct drafting or technical errors. To qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered subdivision plats under subsection (C), above, and shall require a public hearing before the Town Board of Trustees. (2) Boundary Adjustment. The division of one (1) or more lots, tracts or parcels of land for the sole purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes. (3) Land Consolidation Plat. Unplatted contiguous lots approved for single-family residential development may be combined with a Land Consolidation Plat, provided that the new lot conforms to all requirements of this code. Land Consolidation Plats shall be titled as “Land Consolidation Plat.” The final plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: “Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes.” 28 CHAPTER 13. – DEFINITIONS § 13.3 - Definitions of Words, Terms and Phrases 235. Subdivision, Minor shall mean subdivision for the purposes of boundary adjustments; or shall mean subdivision into a total of not more than four (4) lots, provided that each resulting lot fronts onto an existing dedicated public street and the subdivision entails no extension of municipal facilities. 29 30 9/2/2020 CURRENT PROJECTS Submittal Date Application Type Project Name Location Recomm ending/ Decision Making Bodies Next Proposed Meeting Date Ex-Parte Prohibited Staff 1/15/2020 Development Plan Birds Nest 1221 High Drive staff JW 7/1/2020 Code Amendment Amended Plat/BLA review PC 15-Sep JW 7/15/2020 Development Plan Max Storage TBD Moutain View Ct PC 20-Oct yes AB 7/15/2020 Amended Condo Map EP Resort 1700 Big Thompson Ave PC 15-Sep JW 8/3/2020 Code Amendment Parking Regulations *discussion only PC 20-Oct JW 8/3/2020 Code Amendment Downtown Building Height *discussion only PC 15-Sep RH 8/4/2020 Minor Subdivision Habitat for Humanity 1730 Raven Ave PC 20-Oct yes AB 8/13/2020 Variance Bird and Jim 915 Moraine Ave BOA 6-Oct yes JW 8/27/2020 Amended Plat Mountain Wood Townhomes 258-260 Stanley Ave PC 20-Oct yes JW key: PC-Planning Commission TB-Town Board BOA-Board of Adjustment staff: JW-Jeff Woeber RH-Randy Hunt AB-Alex Bergeron TRC-Technical Review Committee AA-Ayres Associates (consultants) *Scheduled Neighborhood Meetings:Meeting Location Date 31