HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2021-08-17
PLANNING COMMISSION – TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesday, August 17, 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 August 10, 2021
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, August 17, 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 June 15, 2021
2. Planning Commission Study Session Minutes dated July 20, 2021
4. ACTION ITEMS:
1. MINOR SUBDIVISION
621 Pinewood Lane, E Winslow applicant Planner II Bergeron
2. CODE AMENDMENT
Wireless Telecom Facitilites Senior Planner Woeber
3. CODE AMENDMENT
Downtown Building Height Director Hunt
5. DISCUSSION ITEMS
1. COMPREHENSIVE PLAN Director Hunt
6. ADJOURN
Prepared 08/10/2021
1
Town of Estes Park, Larimer County, Colorado, June 15, 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 15 day of June
2021.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Janene
Centurione.
Attending: Chair Comstock, Vice-Chair Heiser, Commissioner
Centurione, 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, Pavement
Manager Ryan Barr, Public Works Director Greg Muhonen
Absent: none
Chair Comstock called the meeting to order at 1:30 p.m. Also attending were Matt Ashby
and Mike Scholl, Ayres Associates consultants.
AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion
passed 5-0.
PUBLIC COMMENT.
None
CONSENT AGENDA APPROVAL
It was moved and seconded (Heiser/Elkins) to approve the consent agenda. The
motion passed 5-0.
ACTION ITEMS
1.CODE AMENDMENT: WIRELESS TELECOM FACILITIES
Senior Planner Woeber
Staff requested this item be continued to the July 20, 2021 meeting.
It was moved and seconded (Heiser/Hanson) to continue the Code Amendment to
July 20, 2021. The motion passed 5-0. draft
2
2. LOCATION AND EXTENT: BIG THOMPSON RECREATION AREA
Planner II Bergeron
The Town of Estes Park Public Works Department, through its Parks division,
proposes to install three new picnic shelters (each with a table and benches), a
climbing boulder with a safety pad, a garden, a new walkway, and some rock steps
(for river access) at the Big Thompson Recreational & Picnic Area. The Town's
Public Works Department pursued and was awarded a Great Outdoors Colorado
(GOCO) grant. The Parking Structure, which went through a development plan
review and approval process (along with a variance process) in 2014, received a
formal Location and Extent (L&E) Review. For that reason is included in this review.
No further improvements are proposed in this L&E Review or modified Development
Plan for the completed Parking Structure. Staff recommended approval of the
location and extent of the public improvements and the associated revised
Development Plan.
Vice-Chair Heiser asked if the Town has authority to regulate the Bureau of
Reclamation property. Planner Bergeron confirmed that the federal government
gave authorization through a Special Use Permit, which is understood as the
controlling document. Attorney Kramer stated that any property in town limits could
be regulated under our development code, with some special exemptions.
The internal review produced a staff comment noting that an underground power line
runs through the site. Pavement Manager Barr confirmed that the location is known
and structures will not be built over the buried power line. Attorney Kramer noted
that this review is to make sure there is no impact on the neighborhood or anything
missed in the study by staff. In response to a question on the matter, Public Works
Director Muhonen stated that separation between the west driveway and the
proposed park area is unnecessary as there is no active traffic on that driveway. It is
only used by the Bureau of Land Management during the dredging of the river.
Heiser asked for clarification on prior conditions of approval from the former
Planning Commission and Board of Adjustment were met and Director Hunt
confirmed that the Parking Garage does have a Certificate of Occupancy.
PUBLIC COMMENT: none
It was moved and seconded (Hanson/Centurione) to APPROVE the described
Location and Extent Review and the associated modified Development Plan. The
motion passed 5-0.
DISCUSSION ITEMS:
DOWNTOWN BUILDING HEIGHT:
Constultants from Ayres Associates Mike Scholl and Matt Ashby reviewed the
why/what/how of the Code amendment under consideration to allow a greater building
height in the CD (Downtown Commercial) Zone District. This includes 42 feet as use-by-draft
3
right, and the review of proposed design guidelines for buildings above 30 feet, all
exclusive to the CD zone district. In addition, stepbacks, building articulation, building
materials and transparency were discussed. It was questioned if articulation and
materials need to be regulated as they could be a matter of style preference.
There was considerable discussion on developers' needs, floodplains and the
fundamental goal of increasing building height. Expanding downtown inventory with
economic development and financial incentives are needed. In conclusion, there is
some desire for simple articulation and transparency and no desire to regulate the use
of building materials. A final discussion can take place in the July meeting, with a
possible public hearing in August.
WILDFIRE MITIGATION:
A Memorandum of Understanding between Headwaters Economics, Inc. and the Town
hasa been agreed upon to guide the Town’s participation in the latter’s Community
Planning Assistance for Wildfire (CPAW) program.
This includes strategic communication, practical assistance with code rewrites, and
partnerships development (RMNP, USFS). Director Hunt also thanked the Estes Park
Middle School 6th graders for their thoughtful letter regarding wildfire mitigation.
COMPREHENSIVE PLAN UPDATE:
Meetings are scheduled on the 2nd and 4th Thursdays at 9:00 a.m. Matt Heiser is the
Chair of CompPAC, and Bob Leavitt is the Vice-Chair. The Planning Commission will
be sent links to the CompPAC meeting materials. Public engagement strategies and
large-scale public meetings are planned, with smaller focus groups and individualized
outreach meetings looking for one-on-one ideas. On August 26, the CompPAC meeting
will be a joint meeting with EPPC and LCPAC.
Voluntary homework for Planning Commission: two issues you think are most important
for the Comp Plan to address and two keywords you would like to see in the Vision
Statement.
BYLAWS UPDATE:
Attorney Kramer and Town Clerk Williamson have updated the template. One change
is the numbers used for a quorum. There were no outstanding concerns from the
Planning Commission.
REPORTS:
June 24 will be a meet-and-greet for the four Community Development Director
candidates from 5:30-6:30 at the Museum.
There being no further business, Chair Comstock adjourned the meeting at 4:05 p.m.
draft
4
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
draft
Town of Estes Park, Larimer County, Colorado July 20, 2021
Minutes of a Study Session meeting of the PLANNING COMMISSION of Estes Park, Larimer
County, Colorado. Meeting held virtually on Zoom.
Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe
Elkins, Howard Hanson, Janene Centurione
Attending: Centurione, Elkins, Heiser, Hanson
Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex
Bergeron, Town Board Liaison Barbara MacAlpine, Chief Building Official
Gary Rusu, Engineer Jennifer Waters, Recording Secretary Karin
Swanlund
Absent: Chair Comstock
Acting Chair Heiser called the meeting to order at 1:30 p.m. This study session was held virtually via
ZOOM and was streamed and recorded on the Town of Estes Park YouTube channel.
Heiser spoke on the joint study session held between the Planning Commission and Town Board on
July 8, 2021. The main topic centered around code changes and support for continuing them while
the Comprehensive Plan is being updated. Trustee MacAlpine commented that the meeting was
valuable and available to view on the town website. Director Hunt noted that a semi-annual meeting
would be beneficial.
Director Hunt introduced Mike Scholl, Ayres Associates consultant for the code amendment on
Downtown Building Height. Mike reviewed the final draft for the code amendment via a PowerPoint
presentation, with the main content focusing on clear guidelines for projects above 30 feet in height.
The proposed timeline would be a Planning Commission vote in August and Town Board in
September. Engineer Jennifer Waters described what will be required for building in the floodplain
and insurance premiums related to those regulations noting that floodplain performance standards
are for safety, not to restrict building. Commissioner Elkins expressed concerns with corner lot
articulation. Commissioners Hanson and Centurione requested that the short-term rental wording not
exclude accommodations. Town Attorney Kramer will review the language on the final Code
Amendment. Hanson also asked for the Lidar data on current downtown building height be reviewed
prior to a vote. Heiser requested bringing this code amendment to a vote at the August 17 meeting.
Chief Building Official Gary Rusu spoke on building inspections in the downtown corridor and the
possibility of a building collapse. Concerns in Estes Park are the age of buildings, structural issues,
and fire hazards. Adopting the 2021 Building Code, which includes the Property Maintenance Code,
would allow vacant buildings to be inspected prior to occupation. Life safety is the primary role of the
building department.
Director Hunt reviewed the CompPac meetings that have taken place to date. Different department
heads have been attending guest speakers, and Hunt encouraged the Planning Commission to watch
these meetings, either live or recorded. He also reminded the Commission about scheduling one-on-
one interviews with Logan Simpson and reviewing the 1996 Comprehensive Plan.
Stemming from the Joint Study Session, Hunt also spoke on prioritizing housing options, suggesting a
Planning Commission Study Session July 20, 2021 –Page 2
“floating” multi-family zone district due to the lack of developable land and large lot zones resulting in
“sprawl development.” Commissioner Elkins described a concept called transferrable development
rights and asked if that would be possible in Estes Park. Attorney Kramer said he wouldn’t rule it out,
but it may be a solution to a different type of problem requiring a significant undertaking. Centurione
suggested looking up past housing studies and comparing data. Heiser encouraged all thoughts
and ideas related to the housing crisis be voiced.
Planner II Bergeron introduced a possible new code amendment relating to Accessory Dwelling Units
(ADUs). The time is right for ADUs as a use-by-right in certain zoning districts. Allowing long-term
rentals via ADU’s will considerably help the housing situation.
Upcoming: Study Session and regular meeting on August 17. A joint meeting with PC, EVPAC and
CompPac on August 26.
Acting Chair Heiser adjourned the Study Session at 4:20 p.m.
Karin Swanlund, Recording Secretary
Community Development Memo
To: Chair Matt Comstock
Estes Park Planning Commission
Through: Randy Hunt, Community Development Director
From: Alex Bergeron, Planner II
Date: August 17, 2021
RE: Winslow Minor Subdivision
(Mark all that apply for later Town Board handling)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider and make a recommendation on the preliminary
plat proposed for a minor subdivision of land.
Present Situation:
621 Pinewood Lane, legally described as LOT 14 LESS S 5.02 FT FOR ST, S ST VRAIN,
ESTES PK and identified with Parcel ID 3401105014 (see also Attachment 1: Vicinity
map), is a legal lot under single ownership (Elaine and Robert Winslow; see also
Attachment 2: Application form) which is zoned E-1 (Estate/1-acre minimum)
(hereinafter referred to as “the Property”).
Proposal:
The Applicant proposes to subdivide the Property through the Minor Subdivision
process to create another lot of one acre in size suitable for residential development
(proposed Lot 1) (see Attachment 3: Statement of intent). Both resulting lots would meet
minimum lot size and other dimensional criteria for subdivision within the E-1 Zoning
District. The applicant proposes a “no build” easement to preserve the view from the
existing home on the parent lot (proposed Lot 2), and declares limits of disturbance
(LOD) for proposed Lot 1 to preserve existing trees.
Advantages:
• Consistent with Community Wide Policy 5.2 of the Estes Park Comprehensive Plan,
creation of the new lot would provide for additional residential development in Estes
Park, which currently has a pronounced shortage of housing stock relative to demand.
• Sale of the newly-created lot, either vacant or post-development, would provide for
additional income for the Applicant in a manner which promotes the welfare of the
community as outlined above and in the context of scenic and environmental quality per
the aforementioned LOD and “no build” easement.
Disadvantages:
• Despite the conservation goals of the LOD, approximately 30 trees (or half the total
number on proposed Lot 1) are located in the LOD, and their felling could impact native
fauna through habitat destruction.
Action Recommended:
Staff recommends Approval of the Minor Subdivision.
Finance/Resource Impact:
None identified.
Level of Public Interest
Low. No written public comments were received for the application, though one
neighbor telephoned seeking additional information on the proposal.
Sample Motion:
I move to recommend that the Town Board APPROVE the Winslow Minor Subdivision,
in accordance with the findings as presented.
I move to recommend denial of the Winslow Minor Subdivision, finding that [state
findings for denial].
I move to continue the Winslow Minor Subdivision to the next regularly scheduled
meeting [state reasons for continuing].
Attachments:
1. Vicinity map
2. Application form
3. Statement of intent
4. Preliminary Minor Subdivision
June 8, 2021
Town of Estes Park
Community Development
P.O. Box 1200
Estes Park, Co. 80517
RE: Winslow Minor Subdivision
-Statement of Intent
Existing Conditions
The subject property is currently addressed as 621 Pinewood Lane and is platted as being 2.5± acres in size.
Currently the subject property is developed with a single family residence. The subject property is zoned E-1
Estate having a minimum lot size of 1 acre.
Project Description
The owner intends to sub-divide the subject property to create an additional 1.0± parcel which will be used to
construct a single family residence.
A “NO BUILD” easement is being proposed on Lot 1 in the southeast corner to help ensure un-obstructed
views from the existing residence on Lot 2.
Utilities
An existing electric service servicing Lot 2 crosses the created Lot 1 with an easement dedicated with the plat
for the electric service.
Water Service:
A water main currently exists along the northerly property line which will provide service for Lot 1.
Sewer Service:
A “UTILITY SERVICE EASEMENT” is being dedicated across Lot 2 to provide access for Lot 1 to the existing
sewer main.
No utility mains will need to be extended for the proposed sub-division.
Sincerely,
Cornerstone Engineering & Surveying, Inc.
Jes Reetz
Planner
OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X XXX XXFORMER LOT 14108,654± SF2.494± AC.PROPOSED LOT 143,681± SF1.003± AC.PROPOSED LOT 263,117± SF1.449± AC.25' BUILDINGSETBACK (TYP.)10' UTILITY &DRAINAGE EASEMENTDEDICATED WITH THIS PLAT(TYP.)25' BUILDINGSETBACK (TYP.)PINEWOOD LANEEXISTING RESIDENCE621 PINEWOOD LANE10' ELECTRICSERVICEEASEMENTDEDICATEDWITH THIS PLATLOT 15SOUTH SAINT VRAINADDITIONZONED E-1 ESTATELOT 4PINEWOOD ACRESZONED E-1 ESTATEOHP OHP OHP LOT 16PEAK VIEW AMENDED PLATZONED E-1 ESTATELOT 17PEAK VIEW AMENDED PLATZONED E-1 ESTATELOT 18PEAK VIEW AMENDED PLATZONED E-1 ESTATESSSSS105.79'264.26'N08°47'00" E 292.22' (C)S 01°17'02" W 144.14'S 43°53'36" E 51.07'S 26°19'11" E 120.85'236.18'133.74'S 08°50'
W
2
9
6
.
4
'
(
P
)
S 08°50'00
"
W
2
9
1
.
4
2
'
(
C
)EXISTING DRIVEWAYN 89°34'29" W 370.05' (C)N 89°34'29" W449.59' (C)N 89°34'29" W200.00' (C)N 89°34' W 370.0' (P)N 89°34' W200.0' (P)N 89°34' W450.0' (P)N 08°47' E 297.3' (P)N 89°40' W 369.8' (P)S 89°42'15" E 369.92' (C)S54°53'36"W25.30'S 00°17'45" W93.39'74.76'"NO BUILD"EASEMENTDEDICATED WITHTHIS PLAT20' ACCESSEASEMENT10' UTILITY &DRAINAGE EASEMENTDEDICATED WITH THIS PLAT(TYP.)PLATTEDPROPERTY LINEFOUND G.L.O. BRASS CAPSOUTHWEST CORNERSEC. 31, T5N, R72WFOUND 1/2 -INCHIRON ROD33.30'43.19'N 17°31'20" E 124.56'N 71°27'54" E 111.34'EASTERN EDGEEXISTING DRIVEWAY20' UTILITY SERVICEEASEMENT FOR LOT 1DEDICATED WITHTHIS PLATWWWWWWWWW5.02'BASIS OF BEARINGN 89°34'29" W10' UTILITY &DRAINAGE EASEMENTDEDICATED WITH THIS PLAT(TYP.)6.2'±4.5'±53.1'±56.3'±FENCE LIES 0.9'±SOUTH OF PLATTEDPROPERTY LINEFENCE LIES 0.4'±SOUTH OF PLATTEDPROPERTY LINE7.8'±6.1'±77407730772012"12"12"12"12"12"12"18"24"18"12"8"8"8"8"8"8"8"8"8"8"6"6"6"8"8"12"8"8"8"8"8"6"6"SUBJECTPROPERTYS
O
U
T
H
S
A
I
N
T
V
R
A
I
N
A
V
E
(A
K
A
H
W
Y
N
o
.
7
)PINEWOOD LN.TO A
L
L
E
N
S
P
A
R
K
TO E
S
T
E
S
P
A
R
KPEAK VIEW DR.SUBJECT PROPERTY LINEADJACENT PROPERTY LINEEASEMENT AS NOTEDFOUND MONUMENTATION AS SHOWNSET #5 REBAR W/ ALUMINUM CAP PLS#37946BUILDING SETBACKXXXXEXISTING FENCEOHPEXISTING OVERHEAD UTILITYSEXISTING SEWER MAINEXISTING SEWER ACCESS HOLEEXISTING SEWER CLEANOUTDENOTES "PLATTED" DIMENSIONDENOTES "CALCULATED" DIMENSION(P)(C)APPROXIMATE LIMITS OF DISTURBANCE20SCALE 1" = 20'0204060VICINITY MAPSCALE 1"=1000'I, JEAN A. DAOUD OF AZIMUTH SURVEYING, INC, A DULY REGISTEREDLAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFYTHAT THIS PLAT OF THE WINSLOW MINOR SUBDIVISION, TRULY ANDCORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY MEOR UNDER MY DIRECT SUPERVISION. REG. LAND SURVEYOR #29145APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHTPURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S. AS AMENDED.ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGALACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARSAFTER YOU FIRST DISCOVERED SUCH DEFECT, IN NO EVENT, MAY ANYACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCEDMORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWNHEREON.NOTICE OF APPROVAL:SURVEYOR'S CERTIFICATEAPPROVED BY THE TOWN ENGINEER OF THE TOWN OF ESTES PARK,LARIMER COUNTY, COLORADO THIS DAY OF , 2021 A.D.TOWN ENGINEERTOWN ENGINEERTOWN CLERKAPPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THETOWN OF ESTES PARK, COLORADO, ON THE _____ DAY OF __________,2021.BOARD OF TRUSTEES' CERTIFICATELEGENDMAYORWINSLOW MINOR SUBDIVISIONLOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION25 AND THE NE 1/4 OF THE NE 1/4 OF SECTION 26T5N, R72W OF THE 6TH P.M.,LARIMER COUNTY, COLORADOWINSLOW MINOR SUBDIVISIONELAINE WINSLOWSHEET TITLE:BY:REVISION:DATE:CLIENT:SHEET1SHEET1957.001JOB NO.JDDATESCALEAPPROVED BYAS SHOWNAPRIL 2021JLRJLRMSTDRAWN BYCHECKED BYDESIGNED BYPROJECT TITLE:2021 CORNERSTONE ENGINEERING & SURVEYING, INC.COPYRIGHT - ALL RIGHTS RESERVED1692 BIG THOMPSON AVE.SUITE 200ESTES PARK, CO 80517PH: (970) 586-2458FAX: (970) 586-2459WINSLOW MINOR SUBDIVISIONLOT 14, LESS SOUTH 5.02 FEET FOR STREET, SOUTH SAINTVRAIN ADDITION, TO THE TOWN OF ESTES PARK, COUNTY OFLARIMER, STATE OF COLORADOJLRSTAFF COMMENTS DATED 06/28/202107/06/2021BY:)SSCOUNTY OF LARIMER )STATE OF COLORADO )THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF __________, 2021 BY ELAINE P. WINSLOW.WITNESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES NOTARY PUBLICNOTARIAL CERTIFICATECERTIFICATION OF OWNERSHIP AND DEDICATION:BY:)SSCOUNTY OF LARIMER )STATE OF COLORADO )THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _______DAY OF __________, 2021 BY ROBERT S. WINSLOW.WITNESS MY HAND AND OFFICIAL SEAL.MY COMMISSION EXPIRES NOTARY PUBLICNOTARIAL CERTIFICATEROBERT S. WINSLOWELAINE P. WINSLOWKNOWN ALL MEN BY THESE PRESENTS THAT ROBERT S. WINSLOW & ELAINE P.WINSLOW BEING THE OWNER(S) OF THAT PART OF THE NORTHEAST 1/4, SECTION 1,TOWNSHIP 4 NORTH, RANGE 73 WEST OF THE 6th P.M., LARIMER COUNTY, COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:LOT 14, LESS SOUTH 5.02 FEET FOR STREET, SOUTH SAINT VRAIN ADDITION, TO THETOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADOCONTAINING 2.494 ACRES MORE OR LESS; HAVE BY THESE PRESENTS CAUSED THESAME TO BE SURVEYED AND SUBDIVIDED INTO LOTS TO BE KNOW AS THE PLAT OFWINSLOW MINOR SUBDIVISION, AND DO HEREBY DEDICATE AND CONVEY TO AND FORPUBLIC USE FOREVER HEREAFTER THE STREETS AS ARE LAID OUT AND DESIGNATEDON THIS PLAT, AND DO ALSO RESERVE PERPETUAL EASEMENTS FOR THEINSTALLATION AND MAINTENANCE OF UTILITIES AND FOR IRRIGATION AND DRAINAGEFACILITIES AS ARE LAID OUT AND DESIGNATED ON THIS PLAT, WITNESS OUR HANDSAND SEALS THIS _________ DAY OF _____________________________, 2021.OWNER:OWNER:IMAGE TAKEN FROM TOWN OF ESTES PARK DIGITAL STREET MAPPINGPRELIMINARY PLAT NOTES:1)SUBJECT PROPERTY IS ZONED E-1 ESTATE2)MINIMUM BUILDING SETBACKS ARE 25-FEET FROM ALLPROPERTY LINES. LOT 1 IS PROPOSED WITH A "NO-BUILD"EASEMENT TO ENSURE MAINTAINED VIEWS FROM LOT 23)EXISTING DRIVEWAY APPROXIMATELY SHOWN TO DEPICT NOACCESS EASEMENT REQUIRED FOR EXISTING RESIDENCE4)CORNERS OF EXISTING RESIDENCE CLOSEST TO THEPROPOSED PROPERTY LINE HAVE BEEN LOCATED TO ENSUREPROPER SETBACKS. NO OTHER CORNERS WHERE LOCATED.EXISTING RESIDENCE APPROXIMATE SHOWN.M:\CES_Jobs\957_001_621 Pinewood_Amended\Winslow Plat.dwg, 7/6/2021 12:56:36 PM, JLR
We received a notice in the mail regarding the Winslow Minor Subdivision. We
live on Pinewood Drive south of the Winslow property.
Our subdivision is Thompson's Pinewood Acres Re-Subdivision. On that plat,
the dedicated right-of-way for Pinewood Drive is 60 feet. That same plat
shows the lots to the north (including the Winslow property) although they are
not a part of the Thompson's Pinewood Acres Re-Subdivision, they are in the
Dannels Addition.
On theThompson's Pinewood Acres Re-Subdivision plat it shows that the
right-of-way for Pinewood Lane is 30 feet. I believe the current street standard
in Appendix D of the Estes Park Development Code requires a right-of-way of
60 feet. Since it is a Town maintained street, my question is whether the Town
would secure the additional 30-foot right-of-way for Pinewood Lane as part of
the Winslow Minor Subdivision?
Thanks for your help!
--
Larry Gamble
(970) 586-3733
8/5/21
Memo
COMMUNITY DEVELOPMENT
To: Estes Park Planning Commission
From: Jeffrey Woeber, Senior Planner
Date: August 17, 2021
RE: Request for Continuance: Code Amendment, Estes Park Development
Code, Wireless Communication Facilities Regulations
Staff Request:
Staff requests the Estes Park Planning Commission continue the proposed code amendment
for new Wireless Communication Facilities (WCF) Regulations from August 17, 2021, to the
September 21, 2021, Planning Commission meeting. Additional time is necessary for staff and
legal review and revisions.
COMMUNITY DEVELOPMENT
To: Estes Park Planning Commission
From: Mike Scholl, Planning Professional, Ayes Associates
Through: Randy Hunt, Community Development Director
Date: August 17, 2021
RE: Code Amendment Amending the Estes Park Development Code: Downtown
Building Height
Planning Commission Objective:
The following provides a review of a proposed ordinance to amend the Estes Park Development
Code (EPDC).
The ordinance is 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 for
buildings in the CD Downtown Commercial zoning district.
• Revise § 11.5 – Height Exception for Residential Developments in the CD Zoning District
The language from the proposed ordinance amending the development code was discussed at
the April 20, 2021, and May 18, 2021, June 20, 2021, and July 22, 2021, Planning Commission
meetings.
At each of the meetings different aspects of the proposed code amendment were discussed
including the need for the change, proposed maximum height, design criteria, existing building
conditions, and impact to development in the downtown 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 as a use by
right. 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 (see attachment 1) would be amended from 30 feet to
allow buildings up to 42 feet in height.
The 42-foot height limit was arrived at through extensive discussions with the Planning
Commission, informal discussions with real estate and construction professionals, as well as
previously approved downtown plans. At 42 feet, property owners can reasonably build
commercially viable three-story mixed-use buildings in the CD District. Please note, the
amendment offered provides no additional restrictions on building use meaning that it does not
require buildings to be mixed-use, or three stories -- only that they cannot exceed 42 feet in
height.
Also, the height limit is intended as a maximum allowable with no exceptions through special
review or other means short of a lengthy code amendment process.
At subsequent public meetings, the planning commission reviewed different guidelines intended
to promote quality building investments without being overly restrictive or subjective. The intent
was to offer clear guidance to property owners and to town staff responsible for any plan review.
The amendment does not change existing parking requirements. The CD District is exempt from
off street parking requirements under section 7.11 of the code. Public Works (Parking
management) and Community Development staff have discussed parking capabilities
downtown, and we are reassured that adequate parking exists to accommodate the potential
impacts of this amendment – including overnight parking for residential uses, as necessary.
The amendment proposes some limited guidelines only to new construction or additions that
exceed 30 feet in height. The guidelines require buildings over 30 feet to include an 8-foot
stepback at any wall facing a public right of way, including pedestrian alleys and dedicated
natural corridors. The guidelines also require some building articulation on the first floor
including windows, doors, and other design features to discourage blank walls.
At the request of the Planning Commission, staff cataloged the existing building heights in the
CD District. This includes average and maximum building heights for the district and is available
as a resource through the Town’s GIS network. (see Attachment 2) While most buildings in the
downtown are under 30 feet in height, there are several buildings that already above the
currently limit -- notably the Park Theater which is approximately 65 feet in height.
Staff also presented information on viewshed and shadow analysis as it relates to building
height. A shadow analysis had been completed for the existing building stock that included
some three-dimensional imaging. It was determined that simply requiring an analysis, absent
non-subjective criteria for staff to make findings, would create confusing and therefore it was not
included in the final guidelines.
Additional Reference information:
Per existing Code Sec. 1.9.E, building heights are calculated from the mean average elevation
of the finished grade (highest point + lowest point/2) and the mean height between the topmost
point of the top plate and the highest ridge for a gable, hip or gambrel roof. For a flat roof, it is
measured from the highest point on the roof surface (deck), not including parapet walls. At 42
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). 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.”
Additionally, the Estes Park Economic Development Corporation (“EDC”) has advocated for
increasing 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 critical to the ongoing economic vitality of Estes
Park.
Preliminary 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:
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 – a “changed
condition” identified 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 2018 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 EPDC §3.3.D Code Amendments, Standards for Review.
• Provides for the opportunity to create much needed housing units.
Disadvantages:
• Buildings may detract from the views if not done properly.
Action Recommended:
Conduct the public hearing; make a recommendation to the Town Board for approval of the
amendment to the Estes Park Development Code (EPDC) as per §3.3.D Code Amendments.
Attachments:
1 – Map CD Downtown Commercial Zoning District
2 – Map of Existing Building Heights in the CD District
3- Amendment Language - § 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 for
buildings in the CD Downtown Commercial zoning district.
4 – Amendment Language - § 11.5 – Height Exception for Residential Developments in the CD
Zoning District
Attachment 1
Map CD Downtown Commercial Zoning District
Attachment 2
Attachment 3
Section 4.4 - Nonresidential Zoning Districts, Subsection C.4. Table 4-5: Density and
Dimensional Standards for the Nonresidential Zoning Districts
is amended as follows:
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 [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.)
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 50
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 30
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 or
higher floors) No
minimum gross
land area per
unit (Ord. 15-03
§3)
Accommodation
uses = 20,000
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
42;
building
s higher
than 30
feet are
subject
to §11.5;
n/a
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.)
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 65
O Residential Units
(2 nd 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 50
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
Amendment 4
CHAPTER 11. – INCENTIVES
is amended as follows:
CHAPTER 11. – INCENTIVES AND GENERAL DEVELOPMENT PROVISIONS
Section 11.5 HEIGHT EXCEPTION FOR RESIDENTIAL DEVELOPMENTS IN THE CD ZONING DISTRICT
is amended as follows:
11.5 BUILDING HEIGHT IN THE CD ZONING DISTRICT
A. Purpose. This Section is intended to provide clear and transparent design guidelines
for projects seeking to build above 30 feet in height 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 height of 42 feet. 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. The highest floor shall include a step-back of no less than 8 feet from the
property line on any portion of the building facing a street right of way, river
corridor, trail corridor and any other public open areas
3. Blank walls shall not exceed 10’ in height by 15’ in length without a window or
doorway when visible from a public street, open space or pedestrian oriented
space or pathway.
4. Building projects shall demonstrate that they are meeting the design guidelines
below:
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. Storefronts and other buildings with non-residential uses on the ground
level shall include a minimum of two of the following articulation features
for every 30 feet or additional fraction thereof on continuous building
frontage to create a human scaled façade pattern:
(1) Windows.
(2) Entries.
(3) Use of weather protection features such as a canopy.
(4) Change in roofline of a least 12 inches in depth.
(5) Change in building material or siding style.
(6) Articulation of a single building material through varying colors,
textures, or incorporating joints or an integrated trim pattern.
(7) Vertical elements such as a trellis with plants, green wall, art
element.
Estes Park Building Height Amendment
Frequently Asked Questions
August, 2021
How tall will you be able to build?
Up to 42 feet. Under current code, you can only build to 30 feet.
Why 42 feet?
42 feet would allow for a three-story mixed-use building or a four-story residential building.
First-floor commercial space needs about 16 feet of floor to ceiling height and residential floors need
around nine to 10 feet with roughly two feet between floors. The current height limit is 30 feet.
Where does this apply?
Only in the CD – Downtown Commercial zone, which covers the downtown area along East and West
Elkhorn Avenue, Moraine Avenue, and nearby streets. (see below)
Why is this important?
The Estes Park, Colorado Downtown Plan has called for, as a key objective, “…a moderate increase in
density and building height to promote housing development and Downtown activity.” (p. 52) The
additional height provides greater opportunity to add new housing units and promote new investment
in the downtown. The amendment would also allow additional flexibility in rebuilding in the event of a
natural disaster.
Does that mean all the buildings are required to be 42 feet?
No. It is up to the property owner to make the investment, this only allows for the opportunity to build
vertically up to 42 feet. You can still build a one-story building or two-story building or do nothing at all.
Building heights in the downtown vary, the Park Theater for instance is 65 feet tall and several buildings
in downtown are already over 30 feet.
Are there design standards?
New buildings above 30 feet are required to have stepback of 8 feet on the top floor on certain sides
and there are some requirements for building articulation (variations in the facade.)
What about parking?
Projects are still required to meet all current code requirements as it relates to parking.