Loading...
HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 2023-10-17Town of Estes Park, Larimer County, Colorado, October 17, 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 17 day of October 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Charles Cooper, Chris Pawson, David Shirk Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Commissioner Shirk, Interim Community Development Director Jason Damweber, Planner I Kara Washam, Senior Planner Paul Hornbeck, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: none (Shirk arrived at 1:35 p.m.) Chair Comstock called the meeting to order at 1:30 p.m. There were 14 people in attendance. AGENDA APPROVAL It was moved and seconded (Heiser/Cooper) to approve the agenda. The motion passed 3-0-1, with Pawson abstaining and Shirk not yet in attendance. PUBLIC COMMENT: Kristine Poppitz, 650 Devon Drive, thanked Staff for the meet and greet held at the Community Center on the 16th. INTRODUCTIONS AND ANNOUNCEMENTS New Commissioner Charles Cooper and new Senior Planner Paul Hornbeck were introduced. CONSENT AGENDA APPROVAL It was moved and seconded (Heiser/Shirk) to approve the consent agenda. The motion passed 3-0, with Cooper and Pawson abstaining. ACTION ITEMS 1.Amended Development Plan Max Storage Planner Washam DJMC LLC, Owner/Applicant The Applicant has requested a minor modification to the landscape plan of the approved development plan. The plan proposed planting eight (8) trees along Acacia Drive. With the proximity of an existing sewer easement and insurance requirements for trees to be a minimum of ten (10) feet from the structure, the Applicant cannot install trees in this location. The Applicant proposes shrubs in place of trees in this location, at a ratio of three (3) shrubs to one (1) tree for a total of twenty-four (24) additional shrubs along Acacia Drive. DISCUSSION: Jes Reetz, Cornerstone Engineering, stated that insurance requirements brought on this amendment. The shrubs from the original plan are in place, but he can't install the trees in this location due to sewer easement requirements (10 feet required vs 5 feet available space). Trees were not a requirement for street buffering in the original Development Plan. The number of trees was required, but their specific placement was not. The overall intent should be met. Discussion on obtaining a Certificate of Occupancy (CO) was had. It was understood that once this amendment was submitted, the owner could receive the CO and start doing business. The Improvement guarantee for public improvements has been met. Leftover funds from that will be rolled into a Landscape Guarantee. Planning Commission – October 17, 2023 – Page 2 PUBLIC COMMENT: Mike Copp, 1940 Baldpate Court, stated that wildlife no longer migrates through this property. The structure has eight large street lights and suggested cutting that number in half and installing motion sensors. Other storage facilities use LED lights, and the Water Department uses only three lights. The lighting is affecting property owners two blocks away on Scott Avenue. He handed out photos of the property at night. Vice Chair Heiser confirmed that lighting was a part of the landscape plan requirements. Planner Washam stated that if there is a problem with lighting, it would be a Code Enforcement issue. Commissioner Shirk noted that, per code, "if installed, all exterior lighting shall meet the functional security needs of the proposed land use without affecting adjacent properties or the community." He requested the Applicant return with a specific landscape plan and lighting standards, suggesting finding a new location for trees. It was moved and seconded (Pawson/Shirk) to continue the amended MAX Storage Development Plan to the next regularly scheduled meeting, finding that a revised landscaping plan describing the replacement shrub type and location, and more information on how the landscaping will provide adequate screening of lighting be submitted. The motion passed 5-0. 2. Location and Extent Review 360 Community Drive Planner Washam Estes Valley Recreation and Park Department (EVRPD), Applicant. Planner Washam reviewed the staff report. The EVRPD proposes a new "all wheels" concrete/shotcrete skate park at Stanley Park. The skate park will be approximately 10,500 square feet in size. Public facilities and utilities will not be impacted. Lighting or power to the skate park is not being proposed, as the intention is a dawn-to-dusk operation. PUBLIC COMMENT: none DISCUSSION: Vice Chair Heiser suggested the Planning Commission could approve a Master Plan for Stanley Park to alleviate future individual Location & Extent hearings for the Park. It was moved and seconded (Shirk/Pawson) to approve the Location and Extent Review application, according to findings recommended by Staff. The motion passed 5-0. 3. Rezone TBD Raven Avenue Planner Washam Habitat for Humanity of the St. Vrain Valley, Inc., Owner/Applicant The Applicant proposes rezoning the 0.82-acre parcel from RM (Multi-family Residential) to R-1 (Single-Family Residential), with a minimum lot size of 5,000 square feet, to create five (5) lots. The two western lots, Lots 1 and 2, will have access by a single point from Raven Avenue, with Lots 3, 4 and 5 having individual access directly from Raven Avenue. Heiser disclosed that between 1999-2015 he was on the Board of the local Habitat for Humanity but had no financial or prior interest in this. PUBLIC COMMENT: Scott Moulton, Executive Director of the Housing Authority, expressed support and the need for the project. Planning Commission – October 17, 2023 – Page 3 DISCUSSION: David Emerson, Habitat for Humanity Director, stated that he has worked on this since 2019. Habitat does not want condo/stacked uses, hence the reason for the rezoning request. Medical and Education are the primary industries served by Habitat. He explained that Habitat clearly intended to develop this lot and that the landowners had been purposely working with them since the start in 2011. The Deed Restriction review is unnecessary during this hearing, per Town Attorney Kramer. There is no requirement for a Development Plan in single-family developments; the Preliminary Subdivision Plat provides the documentation needed. Chair Comstock suggested expediting a Code Amendment that addresses "changes in conditions in the areas affected" as this wording is too vague. Shirk noted that his subdivision was created in 2020, thus creating a change in conditions. Considerable conversation on interpreting the Development Code and Comprehensive Plan, where mistakes were made, and the history of the lot was had. Shirk recommended denying the zoning request because the town board approved a multi-family zoned lot on this location three years ago. He later withdrew the motion. Shirk questioned why townhouses weren't considered. That would maintain the multi- family zoning, allow the Applicant to use the property as they want and is in alignment with the Comprehensive Plan, giving a different product without rezoning. Pawson concurred. Emerson explained that they were told the minimum lot size would still be an issue, or they would have pursued that path. It was moved and seconded (Heiser/Cooper) to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application to rezone the 0.82-acre parcel from RM to R-1, according to findings of fact recommended by Staff. We find that the conditions of 3.3.d have been met and are compatible with the Comprehensive Plan and existing growth patterns in the Estes Valley. The motion passed 3-2, with Shirk and Pawson voting against. A five-minute break was taken at 3:20 p.m. Commissioner Pawson had prior commitments and excused himself from the meeting. 4. Preliminary Plat TBD Raven Avenue Planner Washam Habitat for Humanity of the St. Vrain Valley, Inc., Owner/Applicant Habitat for Humanity plans to develop the five proposed lots with single-family residences in the R-1 zone, a use-by-right. The subdivision application is contingent on approval of the proposed rezoning application, known as Raven Subdivision Rezoning. Habitat for Humanity will construct the dwellings and sell the homes to individual, qualified buyers. §4.3.D.4 of the Estes Park Development Code (EPDC) states, "All developments in the R-1 District shall be subject to the attainable housing limitations for rental and owner occupancy outlined in §11.4.C." A Deed Restriction or Restrictive Covenant and Agreement is required per §11.4.E.4. PUBLIC COMMENT: Ken Davis, 1776 Olympian Lane Unit B, supports the project. It provides needed workforce housing and is compatible with the other houses across the street. Planning Commission – October 17, 2023 – Page 4 John Fridrich, 1776 Olympian Lane Unit D, commented that, concerning the willow removal, there are drawbacks to any development. He supports the project and won't miss the willows if they must be removed. DISCUSSION: The willows are not in a wetlands area. Shirk recommended preserving the willows by incorporating them into the open space and would like to see what vegetation is being removed. Per Daniel Barrett, Van Horn Engineering, regrading will occur for drainage to flow into the detention pond, which may affect the willows. Shirk requested more consideration for conservation and possible movement of the swale, so it isn't impacting the willows, starting with the stormwater design. Emerson stated that there aren't many options due to drainage, existing conditions and landscaping near a house. The plan is for the Housing Authority to take responsibility for the open space on Lot 5. This is simpler than having five owners governing an out-lot. There is still more to be worked through with the Conservation Easement before this goes before the Town Board, per Attorney Kramer. Heiser stated that the findings for a continuance would not change the conditions or what this plan is trying to accomplish. It was moved and seconded (Shirk/Comstock) to continue the recommendation of the Raven Subdivision Preliminary Plat to the next regular meeting. We request more information on 7.2.d, limits of disturbance, Subsection 2, criteria for establishing limits of disturbance, information about the maintenance of a stormwater pond, requirements of appendix B.2.c, submittal requirements for Preliminary Subdivision Plans showing the vegetation on site. The Applicant consented to the continuation. The motion passed 4-0. REPORTS: Interim Director Damweber spoke on where the Town stands with hiring a new Community Development Director. Interviews of four candidates took place on October 16. Town Administrator Machalek will be the final decision maker. There being no further business, Chair Comstock adjourned the meeting at 4:05 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary