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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2017-02-21RECORD OF PROCEEDINGS Estes Valley Planning Commission February 21, 2017 Board Room, Estes Park Town Hall Commission: Attending: Chair Michael Moon, Vice-Chair Russ Schneider, Commissioners Betty Hull, Doug Klink, Steve Murphree, Sharry White, Bob Leavitt Chair Moon, Commissioners Schneider, Hull, Klink, Murphree, White, and Leavitt Also Attending: Absent: Community Development Director Randy Hunt, Planner Carrie McCool, Code Compliance Officer Linda Hardin, and Recording Secretary Karen Thompson County Liaison Michael Whitley, Town Board Liaison Ron Norris Chair Moon called the meeting to order at 1:30 p.m. He welcomed Commissioner Leavitt as the new County representative on the Planning Commission. There were eight people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes, January 17, 2017 Planning Commission meeting. It was moved and seconded (Schneider/Hull) to approve the consent item as presented and the motion passed 7-0. 3. DEVELOPMENT PLAN 2016-08, DOLLAR GENERAL, LOT 31, AMENDED PLAT OF LOTS 32-35, AND PORTIONS OF LOTS 1, 31 & 37, WHITE MEADOW VIEW PLACE, LESS 2000032927; 455 STANLEY AVENUE Approximate time 00:21. Planner McCbol stated staff was requesting the item be continued to the March 21, 2017, Planning Commission meeting. However, if there are members of the public that wish to speak on this item, they may comment at this time. Public Comment None. It was moved and seconded (Klink/White) to continue the Doliar General application to the March 21 approve the consent item as presented and the motion passed 7-0. CLOUD NINE MINOR SUBDIVISION, METES & BOUNDS PARCEL LOCATED AT 1595 FISH HATCHERY ROAD Approximate time. 1:40. Planner McCool reviewed the staff report, as Planner Gonzales was not in attendance. Project is a request to subdivide four single-family lots in the A-1- Accommodations zone district. The subject property (3.13 acres) is located in unincorporated Larimer County, within the Estes Valley Development Code area. Each proposed lot would meet the minimum lot size standard. Approximate time 4:00. Review criteria. Items are listed in detail in the staff report. It should be noted the applicant has also applied for an annexation of the proposed lots into the Town limits. The annexation application is tentatively scheduled to be heard by the Town Board on March 28, 2017. The application was routed to affected agencies, and no significant comments were received. A legal notice was published in the local newspaper, and a notice was mailed to adjacent property owners. No comments were received. Public Comment Karen Cherman/applicant was available to answer questions. David Bangs/applicant's agent stated there is a small structure on the property that encroaches onto the neighboring property, but it does not come into play with the proposed subdivision. 1 RECORD OF PROCEEDINGS Estes Valley Planning Commission February 21, 2017 Board Room, Estes Park Town Hall Attorney White stated once an application for annexation has been accepted, it cannot be revoked. Staff Findings 1. With the conditions of approval listed, this proposal will comply with all applicable sections of the Estes Valley Development Code. 2. Adequate public facilities are currently available to serve the proposed subdivision. 3. The proposed lot configurations meet minimum lot size requirements. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Conditions of Approval 1. Show existing sewer service line to home on Lot 3 on Preliminary Plat. 2. Show joint access easement across Lot 1 and Lot 2 on Final Plat. 3. Submit maintenance agreement for shared driveway with Final Plat submittal. 4. Remove language on Note 9 of Preliminary Plat stating the maintenance agreement and shared access easement will be submitted with building permit. Both are required with Final Plat submittal. 5. Remove Town Board signature block and replace with Board of County Commissioners. It was moved and seconded (Klink/Murphree) to recommend approval of the minor subdivision to the Larimer County Board of County Commissioners with the findings of fact and conclusions of law, with findings and conditions recommended by staff and the motion passed 7-0. 5. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE REGULATIONS RELATED TO VACATION HOMES. Approximate time 14:50. Director Hunt stated there have been some conflicts between the Vacation Home application descriptions and the Larimer County Assessor records; specifically, the number of bedrooms. Staff is working diligently with the Assessor's office to resolve the issues. It is unknown how long it may take to resolve the reconciliation. The proposed amendment would revise the regulations to say the application must be fiied by March 31, 2017. Staff wiil work as quickly as possible to complete the application process with the property owners. : Director Hunt reviewed the staff report. The following lists approximate times and specific topics. Approximate time 18:35. Planning Commission guidance in 9-and-over decision-making. [Approximate time 21:50. Maximum parking requirements. Approximate time 22:30. Vacation Home deadline in non-residential districts. Staff and Commissioner Discussion Approximate time 25:20. Regarding EVDC Section 5.2.B.l.a.(3), Commissioner Schneider questioned the calendar year dates. Director Hunt would like to have a conversation with the Town Clerk to clarify the text. Attorney White stated there should be provisions to allow vacation home owners to operate during the renewal process. The Town Clerk handles the registrations, and will be asked to clarify the language for this section. Commissioner Schneider requested a minor change to EVDC Section 5.I.B.2.]. Director Hunt stated the change could be addressed in the motion. Approximate time 32:30. Regarding Section 5.1.B.3.c.(3) and (4), Commissioner Moon was concerned about the Judgement calls in this section, wanting there to be a level playing field. Town Attorney White stated it is up to the Planning Commissioners to make sure they maintain a level playing field in their decisions. Approximate time 35:05 Commissioner Leavitt questioned the parking regulations. Code Compliance Officer Linda Hardin stated the previous code language allowed a maximum number RECORD OF PROCEEDINGS Estes Valley Planning Commission February 21, 2017 Board Room, Estes Park Town Hail of parking spaces to three. The new regulations are in line with the zone district in which the vacation home is located. Approximate time 36:09 There was brief discussion regarding the local representative section of the registration. Approximate time 40:00. There was brief discussion regarding Urgent and Non-Urgent issues with vacation homes. Staff wiil review EVDC Section 12.7 to see if the language can be clarified. Public Comment None. Staff and Commission Discussion The following revisions to Exhibit A were discussed and the general consensus from the Commissioners was to approve them: §5.1.B.l.a.l - Addition of a grace period §5.1.B.l.a.3 - Addition of a licensing period (after reviewing the section with the Town Clerk) , §5.1.B.2.e - Replace Community Development Department with Regulatory Agency i§5.1.B.2.j - Revise the first sentence to say: All vacation home owners in any residential zoning idistrict who wish to obtain an operating registration during 2017 shall be required to apply for a new or renewed, as the case may be, operating registration no later than March 31, 2017. It was moved and seconded (Klink/Schneider) to recommend approval to the Estes Park Town Board and Larimer County Board of County Commissioners as presented in Exhibit A as recommended by staff, and subject to the discussed alterations listed above, and the motion passed 7-0. There was brief discussion regarding the Large Vacation Home Special Reviews that will be forthcoming. Chair Moon stated it will most likely be necessary for the Commissioners to do site visits, similar to site visits conducted with development reviews. Attorney White added site visits are not required, but considered good practice; however. Commissioners will need to remember that discussion with the applicant would not be allowed. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE REGULATIONS RELATED TO ACCESSORY KITCHENS. Approximate time 53:40. Director Hunt stated the EVDC has a conflict that does not allow Accessory Dwelling Units (ADUs), but does allow Accessory Kitchens. To remove the conflict, the allowance of Accessory Kitchens as a permanent accessory use in residential districts is proposed to be removed. A limited kitchen would be allowed. The determination of a limited kitchen versus a permanent kitchen would be the installation of a second 220-volt stove or equivalent gas-fired appliance. An outdoor kitchen (open on at least two sides and exposed to the weather) would not be affected by this code revision. This amendment is an appropriate step to eliminate the loophole for ADUs. Approximate time 58:34. Discussion among the Planning Commissioners regarding this proposed amendment. Public Comment Approximate time 1:06:50. Paul Brown/town resident and local home designer was opposed to the removal of the allowance of accessory kitchens. Public comment closed. Staff and Commission Discussion Approximate time 1:12:45. Comments inciuded but were not limited to: is there a way to use technology to assist with the enforcement of ADUs; Estes Park is not the only municipality dealing 3 RECORD OF PROCEEDINGS Estes Valley Planning Commission February 21, 2017 Board Room, Estes Park Town Hall with these issues; there is a need for aging in place or children moving back home, and ADUs could assist with that. It was moved and seconded (Hull/Schneider) to recommend that the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners deny the text amendment to the Estes Valley Development Code as presented in Exhibit A, finding that it is a solution to an unenforceable non-problem and the motion passed 6-1 with Chair Moon voting against the motion. There was brief discussion regarding enforcement of the rental of ADUs. Code Compliance Officer Hardin stated the Host Compliance software is for short-term rentals, and does not identify long­ term rentals. 7. REPORTS A. Downtown Plan public workshop will be held Thursday, February 23, 2017 at the Estes Park Event Center. This is the first of several public meetings for the Downtown Plan. B. Hydrology Study public meetings will be held Monday, February 27, 2017. A study session will take place at 2 p.m. in the Town Board Room. The same presentation will be provided at 6:00 p.m. at the Estes Park Event Center. Both meetings are open to the public, although no public comment will be taken at the study session. :C. Director Hunt stated the Planner I position has been filled, and the new employee will begin work at the end of March. There being no further business, Chair Moon adjourned the meeting at 2:55 p.m. ------- Michael Moon, Chair Karlen Thompson, Recording Secretary