This opinion was authored by Randy Repola Estes Park Town Administrator and was published by the Trail Gazette on Friday January 26, 2006.
Sensitive issue: Land use in the Estes Valley
Land use is a sensitive issue in nearly every community; and Estes Park is no exception. Much interest has been expressed in letters to local elected officials (and newspaper editors) regarding a proposal to develop land adjacent to the Lakeshore Lodge near Lake Estes. The development plan application from the property owner is not yet final; therefore, it has been set for a hearing before the Estes Valley Planning Commission. But it is a good primer for a discussion about land use and how the code is applied.
The Estes Valley Development code governs land use within the Estes Valley. The Estes Valley Planning Commission is the decision-making body for the development plans. Rezoning, plats, and condominium (a form of ownership not a specific use or building type, and considered subdivision plats) maps start with Planning Commission review but ultimately require Town Board or County Board approval. A Planning Commission decision can be appealed to the Town Board of Trustees or Larimer County Board of County Commissioners (depending on the location of the property involved).
The Town’s Community Development Department reviews land use proposals for compliance with the code. The code attempts to strike a balance between the rights of the property owner and the interests of the neighborhood. Prior to Planning Commission meetings, staff provides a written report to the Commissioners detailing how a project either does or does not fall within code requirements. The report is the result of a thorough review of submitted documents and meetings with the property owner and frequently their representatives (engineers, builders, etc.) and includes review by several agencies such as the Corps of Engineers, Colorado Division of Wildlife, Estes Valley Recreation and Parks Department, Colorado Department of Transportation, and various utility providers. Projects that fit the letter and intent of the code are recommended for approval while those that do not are recommended for denial, or approval with conditions that would bring it into compliance. Ultimately any land use action (approval or denial) taken by Town Trustees or County Commissioners must be based upon the development code and not the popularity (or lack thereof) of a given project. To do otherwise potentially violates the rights of the property owner. The Community Development Department lists development proposals under consideration on its website at http://www.estesnet.com/ComDev/CurrentRequests.aspx. The details of projects listed on the website are those which have been submitted by the owner/developer and do not necessarily reflect what will be approved. The Planning Commission provides opportunities for interested parties to be heard at its regular meetings; only then does the Commission make a decision or recommendation to the Town Board or County Commissioners regarding a project or plan.
Recently I read this opinion in the Gazette. In summary it is an explanation why the condo developments proposed by Lakeshore Resorts will be allowed regardless of what the long term ramifications on adjacent property owners may be.
It seems that the adjacent home owners believe this development if allowed will affect their property values, ruin there views, further pollute the scenery and the like.
There is a group of home owners that have taken exception to this development and have gotten loud about it. Boo Hooing to anyone that will listen.
I do personally believe that the offended home owners may have a point; and the developers are following the rules as they currently exist. It is their property and they meet all of the town and county requirements. All of you offended Estes Park citizens can go to county commissioners, town commissions and trustee meetings, stand before the mayor hold your breath, cry, yell, stomp your feet, pull out your hair, pound your head on the rostrum, poke your own thumb in your own eye by the hour. It will not make a difference.
In mass Estes Park Citizens read this bog, but you do not pay attention and for this you will pay a price, tuffski-shitski, you snooze you loose. NOW pay attention this time, the town administrator unwillingly and unwittingly made the prefect case for Home Rule in Estes Park. Let us repeat what we have told all of you time and time again, it is not broke for Randy it is not broke for the developers but it seems now to be broke for you home owners doesn’t it? The developer meets all the guidelines required of them. Your land use codes meet the minimal guidelines that are germane to any and all remaining statutory town governments in Colorado (like Burlington or La Junta), as we pointed out to all of you many times developers will throw up their condos take the money and run. Look right across highway thirty four at Ranch Meadows (WillieVille). Nothing, nothing you can do about it. Fall River is lined with them.
All of you cry baby property owners over there shut up and stop all the whining, there is no excuse for stupidity, there is no excuse, I do not want to hear you blathering in the local letters to the editor, save us all the misery of reading your opinions. You cannot stop the raping of open space without altering the rules. You were told and you did nothing. To control your town you must be “proactive” not issue orientated whiners, long after you let the Genie out of the bottle.
If you are not willing to take action and take control of your Community, shut the hell up. Cry baby, to bad for me is not a going to work. You must act not talk.
Now go back to the top of this article and reread Randy Boys opinion. This is the finest article I have read that justifies and mandates the need to create Home Rule, bar none. You as a community of people do not have local land use authorities germane to the environment, relevant to your obligations as a Gateway Community to a National Park. How many times do we have to tell you?
Do you want to know the really funny part of all this, your trustees cannot stop the wall to wall sardine development of condominiums in this town (even if they wanted to) and are pushing for the development of every square inch even choking the Stanley Hotel from view. But we spent $ 400,000.00 of your dollars to maintain open space miles out of town limits. You want open space - go to Hermit Park.
Thank you, please forward your thoughts to: estesparkian@yahoo.com
