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HomeMy WebLinkAboutMINUTES Estes Park Planning Commission 2023-11-21 Town of Estes Park, Larimer County, Colorado, November 21, 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 21 day of November 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Charles Cooper, Chris Pawson, David Shirk Attending: Vice-Chair Heiser, Commissioners Cooper, Pawson, Shirk, Interim Community Development Director Jason Damweber, Planner I Kara Washam, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Comstock Vice Chair Heiser, acting as Chair, called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Pawson/Cooper) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT: None INTRODUCTIONS CONSENT AGENDA APPROVAL It was requested by Vice-Chair Heiser to fix the attendance record and change a word on page four from prior to conflict. The minutes were changed to reflect this request. It was moved and seconded (Shirk/Cooper) to approve the consent agenda. The motion passed 4-0. ACTION ITEMS 1. Preliminary Plat TBD Raven Avenue Planner Washam Habitat for Humanity of the St. Vrain Valley, Inc., Owner/Applicant This item was continued from the October 17, 2023 Planning Commission Meeting. Habitat for Humanity plans to develop the five proposed lots with single-family residences in the R-1 zone, a use-by-right. 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. This will be finalized and recorded with the subsequent Raven Subdivision final plat. Open space is required per §4.3.D.1 of the EPDC at a minimum of 15% of the total subdivision. The Applicant proposes a conservation easement for the open space on Lot 5, with the Estes Park Housing Authority serving as the Grantee of the easement. This will be finalized and recorded with the subsequent Raven Subdivision final plat. The open space is approximately 6,288 square feet and is 17.5% of the total subdivision. The open space will be used for passive recreation and accessed from the proposed sidewalk along Raven Avenue. Staff recommended approval with the following condition: a conservation easement agreement for the open space area on Lot 5 is reached between the Applicant and the Town before the Raven Subdivision Preliminary Plat goes before the Town Board. DISCUSSION: Planning Commission – November 21, 2023 – Page 2 Dave Emerson, Applicant, was available for questions. Lonnie Sheldon, Van Horn Engineering, requested the wording be changed from a conservation easement to a maintenance agreement/easement. Cooper asked for confirmation that an easement meant the property would never be developed. Town Attorney Kramer responded that this is an exception to the provision that open space cannot be provided within someone's lot. To avoid an HOA, the conservation easement was requested. This issue has not been fully resolved. The conservation easement and stormwater easement are not mutually exclusive. Shirk expressed unease with the stormwater easement location being within the conservation easement. Kramer stated that the easement can be used for stormwater management. Shirk had concerns with the willows and limits of disturbance and asked for more information on preserving the willows and what type of detention pond would be used. Sheldon explained that this is a porous landscape detention basin (aka Rain Garden), taking the peak flow of the outfall and letting the pond release slowly. Jennifer Waters, Town Civil Engineer, explained that Larimer County stormwater standards serve as an appendix to the Mile High Flood District stormwater standards and were updated this year. A Rain Garden is typically used for detention basins in this area because it is a good fit and economically feasible. It was moved and seconded (Shirk/Cooper) to forward a recommendation of approval to the Town Board of Trustees of the Raven Subdivision Preliminary Plat, according to findings and conditions of fact recommended by Staff with the additional requirement that the stormwater exhibit presented during this hearing be included into the stormwater plan. The motion passed 3-1, with Pawson abstaining. 2. Amended Development Plan Max Storage Planner Washam DJMC LLC, Owner/Applicant This item was continued from the October 17, 2023 Planning Commission Meeting. The Applicant has submitted an Amended Development Plan application and requests consideration of a minor modification to the landscape plan of the approved development plan. The approved development 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 is unable to 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, was available to answer questions. Kramer clarified that this is a Minor Modification of a Development Plan. Development code 7.5.c.2 does not list too many review criteria as long as the landscape plan is satisfactory. Pawson and Heiser expressed their appreciation and thanks to the Applicant for their work in redesigning this plan. It was moved and seconded (Pawson/Cooper) to approve the MAX Storage Amended Development Plan, according to findings recommended by Staff. The motion passed 4-0. Planning Commission – November 21, 2023 – Page 3 REPORTS: Steve Careccia will arrive on January 8, 2024, as the new Community Development Director. There being no further business, Vice-Chair Heiser adjourned the meeting at 2:25 p.m. _______________________________ Vice-Chair Heiser Karin Swanlund, Recording Secretary