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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2011-06-21RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 21,2011,1:30 p,m. Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Chair Doug Klink, Commissioners Ron Norris, Alan Fraundorf, John Tucker, Betty Hull, Rex Poggenpohl, Rick Grabish Chair Klink, Commissioners Norris, Fraundorf, Tucker, Hull, and Grabish Interim Director Chilcott, Town Planner Shirk, Town Attorney White, Town Board Liaison Elrod, and Recording Secretary Thompson Commissioner Poggenpohl, Planner Shirk The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Klink called the meeting to order at 1:30 p.m. There were seven people in attendance. 1. PUBLIC COMMENT Darrel Franklin/County resident spoke of the desire to expand the living space on his property. The current regulations prohibit him from expanding living space in an existing detached accessory structure. Commissioners recommended that Mr. Franklin schedule a meeting with Community Development staff. 2. CONSENT AGENDA A. Approval of minutes from May 17, 2011 Planning Commission meeting. It was moved and seconded (Fraundorf/Norris) to approve the consent agenda as presented and the motion passed unanimously with one absent. 3. AMENDED PLAT OF LOT 1, SUNDANCE MOUNTAIN SUBDIVISION, located at 1531 Fish Hatchery Road, AKA “Livingston Amended Plat” Planner Chilcott reviewed the staff report. The property owner currently owns both lots involved in the application. Lot 2 is subject to a conservation easement which prohibits any additional development except the existing driveway and a sanitary sewer line. The property owner desires to expand the existing house on Lot 1 and has asked for removal of the building envelope on Lot 1. The underlying zone district setbacks would apply. Interim Director Chilcott stated the applicant was granted a setback variance from the Estes Valley Board of Adjustment on April 5, 2011. Staff received comments from the Light & Power Department concerning an overhead power line, and requested it be placed in a dedicated aerial utility easement. She stated the applicant may request a continuance to allow more time to address Utilities Department comments. Public Comment Jeff Moreau/applicant stated the property owner was concerned that the power line located above the house could be increased from the existing single-phase to potentially three-phase power. He understood the town’s position for the utility easement request, and stated that moving the line underground could require crossing the river. Mr. Moreau requested a continuance of the Amended Plat in order to resolve the utility line issue. Staff and Commission Discussion Reuben Bergsten/Interim Utilities Director stated the Light & Power Department’s position was that this property has a power line running across it that is not in a dedicated easement, and in an effort to clean up the existing records, they are requesting a utility easement be dedicated. If desired, the property owner could relocate and bury the line. The property owner would be responsible for associated costs. He stated there was discussion about either re-routing the power line across the river or around the dwelling. Neither would be an easy option, as the guy wires necessary for a rerouted above-ground line would make the project prohibitive, and a river crossing could possibly conflict with the sewer system. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 21,2011 Planner Chilcott read the Utilities-Light & Power comments: 1) the requirement of a 15- foot aerial utility easement for the power line that crosses over the existing structure; 2) adequate clearing from the power line to the structure per the National Electric Association Code; and 3) a meeting with the Light & Power Department to determine if additions to the dwelling would require an electrical upgrade. Another Light & Power issue on this property was the location of the existing power pole to the proximity to the proposed garage location. It was moved and seconded (Norris/Hull) to continue the proposed amended plat to the next regularly scheduled Planning Commission meeting, and the motion passed unanimously with one absent. 4. REPORTS Religious Land Use & Institutionalized Persons Act (RLUIPA) and Schools Planner Chilcott stated staff has prepared draft code language for amendments to the EVDC concerning RLUIPA and schools. The draft language has been reviewed by the Town Attorney, and will also be fon/varded to the County Attorney for review. The proposed amendments would treat schools and religious assemblies the same by allowing them in the same zone districts and requiring the same type of review processes. In terms of residential zone districts, religious assembly is allowed only in the RM- Residential Multi-Family zone district, and schools are permitted by right in all zone districts. The proposed amendments would allow, by special review, religious assemblies and schools in the R-2-Two-Fam//y Residential and RM-Multi-Family Residential zone districts. An example of one religious assembly this would impact is the Lady of the Mountains Catholic church, which owns R-2 land. The code amendments would allow expansion of the church onto their R-2 zoned land without going through a rezoning process. In terms of non-residential zone districts, the proposed amendments would allow Religious Assemblies, Membership Clubs, Lodges, Associations, and Schools in the A- Accommodations zone district as a permitted use by right. In Estes Park, most religious assemblies are on A-Accommodations or CO-Commercial Outlying zoned land, and a few in R-2. The proposed amendments would allow for religious assemblies to continue in those locations. The proposed amendments would remove the special review process for religious assemblies over 5,000 square feet of gross floor area. A private school not associated with a religious assembly would be treated the same as a private school associated with a religious assembly. Chair Klink directed staff to publish a legal notice and place the item on the July agenda. Accessory Dwelling Units (ADUs) There was general consensus among the Commission to bring Accessory Dwelling Units back before the Commission. Interim Director Chilcott explained that attached ADUs are currently allowed on properties with 1.33 times the minimum lot area of the zone district. Detached ADUs are not permitted. There are some existing detached ADUs that were legally grandfathered in with the EVDC and can be maintained, but not expanded. Chair Klink suggested discussing proposed amendments for existing detached, legally non-conforming ADUs. Interim Director Chilcott recommended the Commission review and follow the direction given by Town Board. Chair Klink recommended discussing this at the July study session and meeting. Interim Director stated that when looking at the treatment of non-conforming ADUs, the Commission should also look at and think about non-conforming uses in general. She was concerned about the unintended consequences if ADUs were separated from other non- RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 June 21,2011 conforming accessory uses. Staff would be willing to research how other communities handle non-conforming uses. When asked about rebuilding after a fire, Interim Director Chilcott explained that if it was a legal non-conforming use, the owner would be allowed to rebuild if a permit is pulled within one year and construction completed within three years. If it was an illegal use, the owner loses the right to rebuild. If the owner wants to make modifications during the rebuild, they may have to apply for a variance through the Estes Valley Board of Adjustment. Chair Klink suggested reviewing ways to allow legal-nonconforming detached ADUs. Townhomes & Land Subdivision of Multi-Family and Accommodation Developments Interim Director Chilcott stated this code amendment was approved by the County Commission on June 20, 2011. Stanley Hotel Carriage House Remodel Interim Director Chilcott stated the Stanley Historic District Technical Review Committee met on June 14th and reviewed and approved Phase I of the Carriage House remodel. Other Chair Klink stated if there was a topic the Commission was interested in getting a report on, they could discuss it briefly at study session, and staff would report on the topic at the next regularly scheduled Planning Commission meeting. There being no further business, Chair Klffik adjourned the meeting at 2:20 p.m. Doug Klink, Chair Karen Thompson, Recording^cretary