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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2011-08-16RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 16, 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, Joe Wise Chair Klink, Commissioners Norris, Fraundorf, Hull, Poggenpohl, and Wise Interim Director Chilcott, Town Planner Shirk, Town Attorney White, Town Board Liaison Elrod, and Recording Secretary Thompson Commissioner T ucker 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 was one person in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, July 19, 2011 Planning Commission Meeting It was moved and seconded (Norris/Hull) to approve the consent agenda, and the motion passed with five in favor, one abstention (Wise), and one absent (Tucker). 3. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE CONCERNING ‘ ACCESSORY DWELLING UNITS (ADUs) . . ^ Chair Klink briefly reviewed the history of Accessory Dwelling Units as they related to the Estes Valley Planning Commission. Interim Director Chilcott reviewed the draft problem statement. Chair Klink asked for Commissioner input and public feedback on the draft with another review next month. Commissioners Fraundorf and Norris would appreciate communication with the Town Board to agree to various key items prior to working on details. Interim Director Chilcott stated the overall intent was to address ADUs by broadening the increasing number of lots that could construct ADUs, while limiting the negative irnpacts. Currently, 30% of the lots in the Estes Valley would qualify for an ADU, due to lot size requirement of 1.33 times the minimum lot size of the zone district. She stated there is some conflicting code language between ADUs and Accessory Kitchens, which would need revising. Interim Director Chilcott stated existing ADUs are non-conforr^ng, which allows repairs and maintenance, but not expansion or improvements. Expansion includes expanding the intensity of the use. Interim Director Chilcott stated at the time the Estes Valley Development Code (EVDC) was adopted, there was a strong desire expressed by residents that only one family should live on a single-family zoned lot. At that time, the perception was that allowing detached ADUs would increase density. Chair Klink stated the previously proposed code language did not allow rentals, which would encourage use for friends and relatives rather than as rental units. He recalled that the Town Board at that time was supportive of ADU rentals, as was the Estes Park Housing Authority. Interim Director Chilcott stated detached ADUs located above garages are common in certain neighborhoods, and usually have less impact than fully detached AUDs. There is a desire in the valley to have detached guest units for non-paying guests/family and also tor caretakers. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 16, 2011 Public Comment Johanna Darden/Town resident was opposed to ADUs on small lots, and was concerned about being able to enforce any rental regulations. She was supportive of ADUs on large lots if the structure was not close to the neighbor’s property line. Public comment closed. Interim Director Chilcott explained the code language for long-term and short-term rentals. The current ADU code does not allow either type of rental. Discussion ensued concerning enforcement of rentals, with a comment made that that outside impacts are sometimes more noticeable than whether or not it is being rented. Short-term (vacation home) rentals require a business license. Current code language does not allow a vacation home rental if there is an accessory dwelling unit on the property, and the owner of the property cannot live on site if renting short term. Interim Director Chilcott stated this may be an agenda item for the joint Board meeting to determine if the Boards (Town Board and County Commission) are in alignment. She stated the problem statement process was initiated after the previously proposed ADU codes. Planner Shirk stated Larimer County currently allows accessory living areas. Detached units in Larimer County and outside the Estes Valley Development Code area must go through a minor special review requiring County Commission approval. Town Attorney White stated vacation homes are recognized by the county and the regulations are in the EVDC. The Local Marketing District has a detailed process to identify these homes to ensure they receive the lodging tax. The Commissioners were polled on their initial views to allow rentals of ADUs: Commissioner Poggenpohl — possible limited long-term rentals; Commissioners Norris and Hull - opposed to rentals in attached and detached units, would support allowing a caregiver to live in an ADU; Chair Klink and Commissioner Wise - opposed to renting both attached and detached units; Commissioner Fraundorf - would probably support renting attached units with a specific limit on the number of people allowed. Discussed occurred between the Commission and Town Attorney White concerning grandfathering, legal nonconforming uses, and the fact that ADUs added without permits are illegal uses. Attorney White explained that the purpose of grandfathering is to have to use or structure eventually go away. If grandfathering of ADUs would be approved, the purpose would then be modified. There was consensus among the Commission to eliminate grandfathering statements until the draft amendment was more complete. Interim Director Chilcott elaborated on the expansion of existing ADUs. Adding a dishwasher, washer/dryer, etc. would not be considered an expansion, while adding a kitchen or additional bathrooms, etc., would be considered an expansion of the use. Lot size was an important consideration to the Commission. Chair Klink and Commissioners Hull, Fraundorf, Poggenpohl, and Norris would support discussion allowing detached ADUs on lots sized two acres or larger. No lot size multiplier would apply. Commissioner Wise would support detached ADUs on one acre lots or larger, stating that one acre lots frequently include detached garages. Discussion occurred about attached ADUs and lot size requirements. It was the general consensus to allow ADUs in all single-family zone districts as long as the lot size meets the minimum lot size requirement for the zone district. More discussion followed about the outside impacts of ADUs on small lots (parking, etc.) In determining whether or not ADUs should be reviewed by the Planning Commission, there was general consensus among the Commission to establish a review process only it the applicant could not comply with the code. RECORD OF PROCEEDINGS 111 Estes Valley Planning Commission 3 August 16, 2011 Interim Director Chilcott stated there needs to be more discussion as to the size restrictions for ADUs. The existing limit is 800 square feet or 33% of the principal dwelling square footage, whichever is less. One option would be to state the maximum size could be less than 50% of the principal dwelling square footage, and be integrated into the principal dwelling. Several Commissioners were supportive of a 1000 square foot maximum. Commissioner Poggenpohl commented that the desired outcome section could be revised to read “provide limited opportunities for attached and detached ADUs in residential zoning, coordinated with related existing codes and ordinances.” Discussion occurred as to the formatting of the details of the problem statement, and recommendations were made to staff to list some of the information on a separate document as background information. Chair Klink directed staff to send an updated document to the Commissioners so they can comment on the formatting of the problem statement. Interim Director Chilcott stated that once an ADU amendment was in place, it may be possible to remove the accessory kitchen regulations. This would keep the code cleaned up and easier to understand. Commissioner Poggenpohl suggested keeping the requirement for the land use affidavit, and Chair Klink added the affidavit was a way to alert purchasing property owners of the ADU restrictions. 4. REPORTS A. County Commission Approvals 1. Duncan Rezoning and Subdivision was approved (3-0 vote) on August 15, 2011 without the trail easement dedication requirement. Planner Shirk reported the meeting was heavily attended. B. Other 1 3. 4. 5. 7. 8. 9. Planner Shirk reported the joint study session between Planning Commission, Board of County Commissioners, and Town Board will be held on Thursday, September 29, 2011 from 2:00 - 5:00 p.m. in Town Board room. The meeting will be open to the public. Staff suggested establishing joint goals and a work plan for the coming year. Interim Director Chilcott requested any comments for the agenda be given to her as soon as possible. Planner Shirk reported a pre-application conference for the first townhome subdivision was held for The Timbers, developed by Mark Theiss. He wants to convert his condominiums to townhomes. Staff has received no new information on the Park Theatre Mall. Interim Director Chilcott reported that the individuals involved with the Elkhorn Lodge project are hoping to be in front of the Planning Commission late fall or early winter for land use approvals. They would like to have a local decision about the same time the state announces the award of the RTA grant. Interim Director Chilcott reported Lakeshore Lodge is under new ownership. The new owners also purchased adjacent vacant land and hope to further develop the area- I • rN *Interim Director Chilcott reported Neil Gluckman, Assistant Larimer uounty Manager will be conducting board training on September 8, 2011, from 6:30 - 8:00 p.m. in Fort Collins. u ^ Interim Director Chilcott reported staff continues to work on an advisory board training, which may be opened up to additional volunteer boards associated with the Town. The training is tentatively planned for late September or early October, and may be facilitated by the Department of Local Affairs. Interim Director Chilcott reported on the Community Garden Project. The proposed project would be exempt from Planning Commission review. Planner Shirk reported there is a fairly high level of interest in converting condominiums to townhomes. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 16, 2011 There being no further business, Chair Klink mIJo ^ed the meeting at 3:05 p.m KlinkX^hair Karen Thompson, R^^rdmg Secretary