There were veiled threats of a lawsuit and personal attacks on the applicant from several members of the public who showed up to protest the rezoning of 685 Peak View Drive from Estate to Single-Family Residential at the June 24 Town Board meeting.
In addition, a petition was signed by enough people opposing the rezoning so that the measure needed to pass with a supermajority, reported Jackie Williamson, Town Clerk. Nevertheless, a proposal to rezone and create 12 lots and a 30,000 square foot open space area on the property was approved five to two, with Trustee Mark Igel and Mayor Gary Hall voting against the rezoning.
The 4.46-acre site is owned by Estes Park developer Frank Theis, who has sought to develop this property several times. In 2023, a rezoning application was denied from E-1 to R-1 for this property, plus an adjoining three acres to create 30 single-family lots. A year later, an application to create three half-acre lots on the western portion of that property was approved, reported Paul Hornbeck, senior planner for the Town.
For the current application, Theis teamed up with Habitat for Humanity of the St. Vrain Valley’s executive director, David Emerson, who was present at the meeting to defend the plan as the co-applicant. Of the 12 lots that are planned for this development, eight of them will contain deed-restricted, income-qualifying homes that will be administered through Habitat.
“We’re a home ownership group,” said Emerson of his organization. “We are, by charter, not allowed to go above 80% AMI, so that is the level that we work with.”
Emerson explained that Habitat is the builder and the lender, and will underwrite the ownership applications, ensuring the mortgages are affordable. In his experience, people tend to stay in their Habitat homes and be part of the community, sometimes for generations.
“I know these decisions are extremely hard, but we believe this is an exceptional opportunity to serve eight families who are likely not in this room, but are serving your community,” said Emerson. Part of the Town’s presentation included a density map of the surrounding neighborhoods, which showed that the proposed project has similar density units per acre.
“For me, receiving the 100% neighbor petition in opposition gave me concern that the development will continue to be very contentious going forward,” wrote Hall when asked about voting no on the proposal.
The other nay vote came from Igel, who said he didn’t believe the proposal met the criteria for rezoning and that the change in condition clause wasn’t met in his opinion. “The constituents in this case made a pretty compelling case to deny this rezoning,” said Igel to the EVV this morning. “The applicant could have developed the land as it was zoned when he purchased it without a whisper of controversy.”
More than a dozen members of the public, mostly neighbors in the Peak View and Twin Drive area, stood up to give reasons against the proposal including that the property was part of a wildlife corridor, that it would obscure sightlines for neighbors, had traffic concerns, that the project would not be compatible with neighboring developments, and that there was no change of condition in the area to necessitate the rezoning. Some residents questioned Theis’ motives in partnering with Habitat for Humanity, and others said the rezoning is illegal.
A few people spoke in support of the project at the meeting, citing Habitat’s good work and reputation and the need for workforce housing ownership opportunities.
The five deciding Town Trustees had similar perspectives on the project. Changes of condition since the most recent zoning map was established twenty-five years ago include the adoption of “Estes Forward,” a collaborative comprehensive plan written in 2022 by the Town and Larimer County which Trustee Kirby Hazelton thinks is a significant change.
This plan included a future land use map, which suggested an area zoning of Suburban Estate, which is not a current zoning classification but is recommended to be added to the new development code, currently being written.
Trustee Bill Brown criticized the comments that neighbors would lose housing values and that zoning should never change. “Developments like these don’t decrease property values,” Brown said. “In fact, when you put new property adjacent to older property, it tends to increase property values.” A balance between the rights of the owner to develop his property and the rights of the adjacent property owners is being considered, but so are the interests of the community at large, he said.
“If we don’t provide more housing for our workers here, our community doesn’t thrive,” Brown said.
Trustee Frank Lancaster said, “We’re not building up what people want, particularly for that mid-market of teachers, police officers, nurses. They don’t want to live in a two-bedroom apartment.” He said a young family trying to make their home in Estes Park would prefer a single-family home, “I’m a little bit concerned that maybe that part of the American dream isn’t alive anymore,” he said about the difficulties young families face buying a home these days.
Considering the public opposition to the rezoning, it was a tough decision for him, as it was for Trustee Cindy Younglund. But she also said that families want to live in a residential area. “They don’t want to live and raise their family in some of these other alternatives that are being forced upon them.”
At the beginning of the public hearing, Hall said that he expected the public comments to be respectful and courteous. During the two-hour conversation, he reminded the audience about this and even cut off one individual due to personal attacks on the property owner. Several board members expressed disappointment that the neighboring community was so against this development that compromises could not be reached.
“The level of opposition, I fear, will lead to continued conflict,” Hall said. “That’s my primary concern and basis for my vote.
“I do believe that Mr. Theis and Mr. Emerson will do an excellent job on this development, and it will help the housing cause,” Hall added.
In a phone interview with the Estes Valley Voice today, Frank Theis said, “Those people that were against it, I think, are all decent, good people at heart. I don’t take anything personally when they criticize.
If the rezoning measure had failed, Theis said he would have immediately planned for one-acre lots, which he says would have sold immediately.
“It would have been much easier and at much less expense to me for infrastructure and approvals, and I would have made more money, quicker, easier, if that had occurred.”
“From day one, I’ve said I really want to do this kind of thing for the community, for working people, many of whom I know very well in this community who can’t find an affordable place to live in a house with their family, and Habitat provides that.”
Habitat has built 16 new homes in Estes Park and rehabbed one other home. According to Emmerson, the average cost per square foot of the last two houses Habitat built was $132, “which was a couple of years ago, but that’s a testament to what is donated and general volunteer labor.” Emmerson said Habitat can build for less than a market rate cost, “I think if you were to talk to a builder, you’re going to hear $300 to $400 a square foot.”
Habitat has been working with Theis to build on the land for several years, and the property, which will have builder-ready lots, came under a binding contract in January, said Emmerson.
Click here to read the Estes Park Development Code, and click here to read the residential zoning district definitions.
This story was contributed to by Audrey Brice and Patti Brown.