HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2009-10-20RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
October 20, 2009, 6:00 p.m.
Board Room, Estes Park Town Hall
Commission:
Attending:
Also Attending:
Absent:
Chair Doug Klink; Commissioners Alan Fraundorf, John Tucker, Betty
Hull, Steve Lane, Ron Norris, and Rex Poggenpohl
Chair Doug Klink, Commissioners Alan Fraundorf, Betty Hull, Steve Lane,
Ron Norris, Rex Poggenpohl, and John Tucker
Director Joseph, Town Attorney White, Planner Shirk, Town Board
Liaison Homeier, and Recording Secretary Thompson
Planner Chilcott
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
Chair Klink caiied the meeting to order at 6:00 p.m.
1. PUBLIC COMMENT
George Hoffman/Town Resident appreciated having the study session in the Board Room
where listening devices are available. He would like to see all public meetings in locations
where microphones and listening devices are available.
Cori LaBianca/Town Resident is a proponent of wind energy but concerned about
allowing wind turbines in the Estes Valiey. Her concerns are noise and safety levels as
well as the potential destruction of the natural beauty of the area. She urged caution when
regulating wind turbines.
2. CONSENT AGENDA
Approval of minutes from September 15, 2009 Planning Commission meeting.
It was moved and seconded (Hull/Fraundorf) that the consent agenda be approved
as presented, and the motion passed unanimously.
3. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE - SHORT TERM RENTALS
Revisions to vacation home regulations, including revisions to the definition of
accommodation use, guest room, guest quarter, household living, and nightly rental in
EVDC Chapter 13, and revisions to distinguish between B&Bs and vacation home uses
and the districts in which these uses are permitted.
Director Joseph stated today’s draft is very similar to what the Planning Commission
approved in May, 2009. Town Trustees returned that approved draft back to the Planning
Commission with a request to have fewer regulations and less text. The main purpose of
this code revision is to reconcile the code language currently in the Municipal Code with
the Estes Valley Development Code (EVDC). The EVDC would then become the primary
regulatory document for vacation homes and B&Bs. In the process of merging the codes,
it was determined a vacation home and B&B should be considered a principle use. This
principle use is a key feature of this new draft, and allows someone to purchase a home in
a residentiai neighborhood with the specific intention to use it strictly as a vacation home.
In response to public comment at the Town Board meeting, changes were made to allow
housekeeping services in both vacation homes and B&Bs. Director Joseph pointed out
the differences between vacation homes and B&Bs; a B&B can have rooms rented out to
separate parties at the same time, whiie vacation homes are rented to one party at one
time; vacation homes cannot be used as hotels, meaning rooms cannot be rented
individually. Town Board Liaison Richard Homeier believes the Town Board’s main desire
is to allow people to use vacation homes as a principal use.
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Estes Valley Planning Commission 2
October 20, 2009
Commissioner Lane suggested changing the language in Section 5.1.B.3(2) to read:
“Number of Parties. Vacation homes shall be rented, leased, or furnished to no more than
one (1) party, occupying the vacation home as a single group. Owners of the vacation
home shall not be permitted to occupy the vacation home while a party is present.”
Discussion between staff and Planning Commissioners revolved around when the owner
can and cannot be present, with Director Joseph reviewing the history of how the current
code revisions evolved. It was agreed upon by the Commission to keep the language
requiring the owner to not occupy the home at the same time renting it as a vacation
home.
Owners will be required to have a sales tax and business license (within Town limits) to
operate, which is an administrative policy handled by the Town Board.
Commissioner Norris suggested changing the code language in Section 5.1.B.3.a(1) to
delete the last two sentences. Commissioner Poggenpohl suggested removing the
redundancies concerning use on the ground floor fronting Elkhorn Avenue and also
removing the duplicate language concerning the prohibition of home occupations in a
vacation home.
4.
5.
Public Comment: None
It was moved and seconded (Norris/Hull) to recommend approval of the code
revisions for vacation homes and B&Bs, which includes minor changes suggested
by the Planning Commissioners, and the motion passed unanimously.
AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE SECTION 5.2
ACCESSORY USES - KITCHENS The proposed amendments include revisions to
Section 5.2 of the Estes Valley Development Code, to allow accessory kitchens in single
family residential dwellings. Proposed code changes include a definition of an accessory
kitchen, a clarification that an accessory kitchen is not considered a second unit and the
dwelling is bound by the definition of household living, a provision that interior access
shall be maintained, and warrants for when a land use affidavit wouid be required.
Director Joseph stated these proposed code revisions have evolved due to today’s trend
to design single-family dwellings with more than one kitchen for personal use. This code
accommodates that change, while also clarifying a second kitchen does not constitute
approval of an accessory dwelling. The language relies heavily on a land-use affidavit as
the mechanism to keep the original intent clear for the record as the property changes
hands in the future.
Discussion occurred among Commissioners about Table 5-1 and permitting accessory
kitchens in R-1 and R-2 zoning districts. It was the general consensus that accessory
kitchens will be allowed in all zoning districts except RM-Multi-Family. Commissioner
Poggenpohl disagreed. There was also general consensus that the land-use affidavit
should be included in the code.
Public Comment: None
It was moved and seconded (Tucker/Norris) to recommend approval of use and
development regulations for Accessory Kitchens with the changes that were made
by the Planning Commissioners on Table 5-1, and the requirement of a Land Use
Affidavit. The motion passed with 6 in favor and 1 abstention. Commissioner
Poggenpohl was the abstaining vote.
Commissioner Poggenpohl disagrees with allowing accessory kitchens in R-1 and R-2
zoning districts.
REPORTS
Commissioner Klink mentioned the Special Planning Commission Meeting on November
12, 2009, to discuss wind turbines. The intent of this meeting is to hear public comment.
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Estes Valley Planning Commission 3
October 20, 2009
Wind turbines will also be an agenda item for the regular meeting on November 17, 2009.
Director Joseph stated he would like to forward a recommendation to the Town Board at
the December 8, 2009 meeting prior to the expiration of the moratorium on December 9,
2009. Commissioner Norris noted the survey results indicated a consensus that wind
turbines should be regulated but not banned. Commissioner Klink asked Commissioners
for comments and direction in order to prepare for the special meeting: 1)Setbacks at
least three times the height of the tower with a maximum blade height of 50 feet;
2)Compliance with international standards; 3)Repaired or removed if inoperable;
4)Ridgeline protection and noise standards referenced; 5)Setback from structures as well
as setbacks from property line; 6)No design restrictions to allow for improved technology;
7)Director Joseph advocated for a formula to determine the setback in relation to the
height of the wind turbine, which would eliminate the need for lot size restrictions. This
formula should include an ultimate maximum height; 8)Only one turbine per lot; 9)10-foot
minimum height from ground for moving parts.
Director Joseph reported the YMCA Signage Master Plan was approved by the Board of
County Commissioners on September 21, 2009. Supplemental Condominium Map #3 for
Wonderview Village is scheduled to be heard by Town Board on October 27, 2009.
EVDC Wildlife Habitat Code Revisions were approved by the Town Board and are
scheduled to be heard by the County Commissioners at a special meeting in Estes Park
on November 9, 2009 at 6:30 p.m. in the Town Hall Board Room.
The Community Development Department has a book titled Wind Energy Basics, which is
available for checkout from the Community Development Department.
Commissioner Poggenpohl made an announcement about the County Commissioners
breakfast at the Senior Center on October 21, 2009. The Larimer County Director of
Natural Resources will be in attendance. The Larimer County Open Lands Advisory Board
meeting is October 22, 2009 at the Loveland library at 5:00 p.m.
There being no further business, Chair journed the meeting at 7:35 p.m.
Chair
Karen Thompson,(f^^e6rding Secretary