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Home My WebLink AboutMINUTES Estes Park Planning Commission 2023-05-16Town of Estes Park, Larimer County, Colorado, May 16, 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 16 day of May 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Chris Pawson. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund, Planning Technician LauraJane Baur, Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Elkins, Pawson Chair Comstock called the meeting to order at 1:30 p.m. There were approximately 90 people from the public in attendance. Commissioner Pawson recused himself from this meeting due to his location to the subject property. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 3-0. PUBLIC COMMENT Dick Spielman, 584 Audubon Street, asked what the elected officials and town leadership think of citizens' concerns and feels the Town Government ignores them. There is civil discord and a lack of confidence in the citizens. John Guffey, 561 Chapin Lane, is concerned with the Town's future and the quality of life. Participation makes a difference in democracy. He asked that the Town step back from exploiting people and the environment for financial gain and recognize the ecological and economic unity. CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 3-0. ACTION ITEMS 1.Habitat on Raven Preliminary Subdivision Raven Ave Senior Planner Woeber It was requested to continue this item to the June 20 Planning Commission meeting. It was moved and seconded (Hanson/Heiser) to continue the item to the June 20, 2023, Planning Commission meeting. The motion passed 3-0. 2.685 Peak View Rezone from E1 to R1 Senior Planner Woeber The Applicant proposes to create single-family residential lots at a size and density that can be relatively affordable. The current zoning designation, E-1 (Estate), has a minimum lot area requirement of one acre, and the Applicant proposes rezoning the property to R-1 (Single-Family Residential), which has a minimum lot area requirement of 5,000 square feet. The Applicant has submitted a concept plan for a subdivision, contingent upon approval of the rezoning request, which proposes 26 lots total, with two lots approximately ¼ acre, four lots approximately ½ acre, and the 20 remaining lots smaller than ¼ acre. The 20 smaller lots are designated as workforce housing. Three neighborhood and community meetings regarding the rezoning project were held. There was input and discussion of impacts, including traffic, visual impacts, wildfire evacuation, etc. Planning Commission – May 16, 2023 – Page 2 Staff recommended approval of the proposed Zoning Map Amendment. Discussion: Applicant Frank Theis commented on the project, reviewing his proposed concept plans. The total of 26 lots is considerably less than the original 39. Traffic and drainage reports will be submitted with the preliminary plat. Public Comment: Letters from the public not in attendance will not be allowed to be read out loud, per the Chair. Those speaking against the Rezone proposal were: Mark Hewitt, David Caddell, Walt Borneman, James Poppitz, Jonathan Hager, Margaret Greene, Rex Poggenpohl, Jan Scott, Carol Peterson, Jerry Jacobs, Jed Eide, Tom Kaszynski, Susan Kaszynski, Larry Bader, Dana Fritz, Mike Bryson, Kristine Poppitz (for Stephanie Pawson), Kristine Poppitz, Rebecca Urquhart, Trudy Hewitt (for Joe Dowdy), Duane Hudson, Scott Kimball, Trudy Collar, Steve Randall, Don Smith. Summarized reasons: Too expensive for workforce housing, not compatible land use, not consistent with the Comprehensive Plan, change of conditions is not economically based, spot zoning is illegal, thousands of citizens against this, shows support to special interests that are not the majority, biased staff report, develop the property as it is zoned, too much reliance on the Housing Study, previous owners are heartsick over this proposal, why not consider the zone districts between E1 and R1 (E and R), homes were purchased with the understanding that surrounding lots were one acre, what is the purpose of Zoning at all if that changes, the difference in the proposal and the Prospect Mountain Subdivision homes is that the existing homes average 2,500 square feet on lots averaging 14,700 square feet, over 1100 signatures and 235 pages of public comments against this. Paul Brown spoke in favor of the Rezone proposal, stating that numerous existing multi- family subdivisions blend well throughout Town. Discussion: Attorney Kramer explained that spot zoning is not tied to review criteria; therefore, the zoning request is not spot zoning. The areas affected are left to the judgment of the Commission and Board as to whether or not it meets the review criterion. Vice-Chair Heiser believes there have been changes in conditions, thus warranting the rezoning of this property. Woeber explained that, per the EPDC, the criteria for any development in R1 zoning is attainable housing with 150% of AMI and is a requirement of this zoning request. Theis disagreed with this statement, reading from the EVDC section 11.4.C. Commissioner Comstock asked about a continuance due to the discrepancies discussed above. Commissioner Hanson favors attainable and workforce housing, but the proposed zoning change could allow up to 50-60 lots on this property which is a concern. There could be a way to address restrictions on R1 zoning to keep the number of lots to 30. Attorney Kramer stated that the Commission could recommend approval with conditions. Chair Comstock asked what the changes of condition are for this request. Planner Woeber answered that it was primarily the ongoing shortage of workforce housing. Comstock noted that the workforce in Estes Park would likely not be able to afford the houses planned for this property. Planning Commission – May 16, 2023 – Page 3 Tying the Preliminary Plat to the Rezone is an option for the Commission to consider. To offer single-family homes with yards and sidewalks, smaller lots are needed for affordability, which is the flexibility R1 zoning allows. It was moved and seconded (Hanson/Heiser) to continue the Zoning Map Amendment application item to the June 20, 2023, Planning Commission meeting. The motion passed 3-0. The Commission concluded that continued written and live comments would be allowed at the next hearing. REPORTS: Staff attended the Growing Water Smart Workshop at the YMCA, discussing ways to conserve water, watershed management, water supply and stormwater management. CPAW regulations update, including the approved plant list, with Headwaters Economics’ help, will be discussed soon. The Community Development office is under construction and when complete, will provide a better experience for customers. Building Code adoptions will be going to the Town Board on May 23. Missing Middle code updates are temporarily on hold and will resume when time allows or via a special meeting date. Hanson asked about the state of the revised floodplain maps. Jennifer Waters could speak on this at a later meeting. The RFP for the Development Code update and an update to the Fee Schedule are forthcoming. Heiser thanked the staff for their work in these difficult situations. There being no further business, Chair Comstock adjourned the meeting at 4:30 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary