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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 2023-08-15Town of Estes Park, Larimer County, Colorado, August 15, 2023 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on the 15 day of August 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Howard Hanson, Chris Pawson, David Shirk Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Commissioner Shirk, Director Jessica Garner, Planner I Kara Washam, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Pawson (recused) Chair Comstock called the meeting to order at 1:30 p.m. There were approximately 55 people in attendance. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT: none INTRODUCTIONS AND ANNOUNCEMENTS Director Garner announced the retirement of Commissioner Hanson and thanked him for his time spent. Charles Cooper will be filling Hanson’s position starting in September. David Shirk has been chosen to replace the vacant position held by Joe Elkins and was present for this meeting. CONSENT AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the consent agenda. The motion passed 3-0, with Shirk abstaining. ACTION ITEMS 1.685 Peak View Rezone from E1 to E Director Garner Frank Theis, CMS Planning & Development, Inc., owner and Applicant. Director Garner reviewed the staff report. The Applicant proposes rezoning 1.78 acres of the 7.62-acre parcel from E-1 (Estate) to E (Estate), with a minimum lot area requirement of ½ acre, to create three (3) additional lots of approximately ½ acre each. The remaining 5.83 acres, to be known as Lot 4, contains one single-family residence and is not included in the proposed rezoning request. Staff recommended approval of the proposed Zoning Map Amendment. Discussion: There are no requirements for a Development Plan to be submitted. There is nothing in the Development Code regarding Spot Zoning. Town Attorney Kramer noted that if this meets the three criteria, it is not Spot Zoning. Those criteria are: 1.Changes in conditions in the area affected 2.Consistent with Development Plan 3.Adequate services and facilities are provided Concerning questions about the site staking, a determination of completeness was made by the Director. Despite the discrepancy of the site staking on the application, all conditions were met. The wording has been reworded on the application form. Public Comment: speakers were given a time limit of 2 minutes Citizens and neighbors of the property location speaking against the Rezone: Planning Commission – August 15, 2023 – Page 2 Mark Hewitt, Dan Scace, Tammy Scace, Norma McKern, Dave Scott. Larry Bader, Jan Scott, James Poppitz, Trudy Hewitt for Joe Dowdy, Richard Hoyt, Christy Jacobs, Steve Wende, Kristine Poppitz, Grant Delbecq, Earlene Knox, Rebecca Urquhardt, Jed Eide. Comments Summarized: No benefit, not workforce or affordable, not the will of the people, no changes in conditions, waiver of Development Plan not appropriate and not compatible with the Comprehensive Plan, neighborhood meeting requirements not fully met, favoritism to contractors, Statement of Intent has not changed despite all the changes; Com Dev should be unbiased; legal issues, illegal spot zoning, Mike Kennedy, 2556 Devils Gulch, stated that future applications for this property should not abruptly increase density and suggested an intermediate zone district between E and E1. It was clarified that this area is designated in the Future Land Use Map as a medium- sized single-family residential suburban estate, ¼ acre in size. The property is not in any wildfire, wildlife or ridgeline designated areas. It was moved and seconded (Shirk/Heiser) to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application to rezone 1.78 acres of the 7.62-acre parcel from E-1 to E, according to findings of fact recommended by Staff. The motion passed 4-0 A five-minute break was taken at 2:48 p.m., with the meeting resuming at 2:53 p.m. 2.685 Peak View Coyote Ridge Subdivision Preliminary Plat Planner Washam Frank Theis, CMS Planning & Development, Inc., owner and Applicant. Planner Washam reviewed the staff report. The Applicant proposes a four (4)-lot subdivision named Coyote Ridge Subdivision for single-family residential use. Lots One (1) through Three (3) will be approximately ½ acre each. Lot Four (4) will be approximately 5.83 acres and contains one existing single-family residence with no additional development proposed at this time. Staff recommended approval of the Coyote Ridge Subdivision Preliminary Plat. Discussion: Issues discussed were water service, fire hydrant location, sidewalks, 2021 Building code, including the sprinkling of homes, stormwater requirements and capacity, sidewalk requirements, and larger easement for a trail. Jennifer Waters, Civil Engineer, answered that Public Works will provide a complete and thorough review for stormwater drainage. A construction plan would request a 10-foot- wide trail maintained by the town. These issues will be addressed at the Development Plan stage. Attorney Kramer noted that the trail plan should be approved at the Final Plat stage, which Town Engineer Jeff Bailey confirmed. When the fourth lot is developed, a trail extension would be required (in this case, it is a traill, not a sidewalk). Commissioner Shirk observed that the Development Code requires a 25’ easement for the trail per Section 7.4. Theis responded that it could be a right-of-way or an easement. Public Comment: Christy Jacobs, stormwater issues; Kristine Poppitz, questions about the spite strip and temporary cul-de-sac turn-around; James Poppitz, concerns with insufficient review time. Considerable discussion on the temporary turn-around was had, including location, grading and fire department involvement. It was moved and seconded (Shirk/Hanson) to forward a recommendation of approval to the Town Board of Trustees of the Coyote Ridge Subdivision Planning Commission – August 15, 2023 – Page 3 Preliminary Plat, according to findings of fact recommended by Staff with the following recommended conditions: Provide grading for the temporary turn-around, update the preliminary stormwater plan to reflect grading, revise the stormwater plan with type R catch basins, verify downstream outflow ditches have capacity, and a 25’ trail easement along the entire frontage of Peak View, including lots 1 and 4. The motion passed 4-0. REPORTS: Missing Middle discussion can occur at the September Study Session, a special Study Session or in October. Onboarding/training of new Commissioners will hopefully occur before the next public hearing. There being no further business, Chair Comstock adjourned the meeting at 3:48 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary