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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2007-03-20RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission March 20, 2007,1:30 p.m. Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Chair Betty Hull; Commissioners Wendell Amos, Ike Eisenlauer, Bruce Grant, Joyce Kitchen, Doug Klink, and John Tucker Chair Hull; Commissioners Amos, Eisenlauer, Grant, Kitchen, Klink, and Tucker Director Joseph, Planner Shirk, Town Board Liaison Homeier, and Recording Secretary Roederer Planner Chilcott, Town Attorney White Chair Hull called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA Estes Valley Planning Commission minutes dated February 20, 2007. It was moved and seconded (Eisenlauer/Amos) that the consent agenda be accepted, and the motion passed unanimously. 2. PUBLIC COMMENT George Hockman, 1625 Prospect Estates Drive, requested that the Commissioners speak into their microphones so he would be able to hear. REPORTS a. Vacation Homes/Short-Term Rentals Director Joseph stated no action on this item would be taken at today’s meeting. This subject is on the agenda to allow the public to ask questions and provide comment. Town staff are actively pursuing enforcement issues specifically relating to a short-term rental property in Fall River Estates; the owners have been cited with a violation of the Municipal Code. The owners have the right to appeal in a closed hearing before the Town Clerk. In the Town Municipal Code, the definition of a vacation home and a nightly rental property is the same. Under the land use code (Estes Valley Development Code), the majority of nightly rental uses occur in accommodations zoning districts (a type of commercial zoning), while vacation homes are a narrow subset in the nightly rentals category and are allowed in single-family residential zoning districts (non-commercial zoning). Planning staff is seeking to correct the discrepancy between the Municipal Code and the land use code. Public Comment: Tom Ewing, 1082 Fall River Court, expressed his appreciation for the sensitivity Town staff and the Planning Commissioners have shown to issues that have been raised concerning the Celtic Lady’s Mountain Retreat. Problems related to that vacation rental have illustrated the need to redefine and clarify existing code regulations regarding vacation homes. Mr. Ewing stated he and his neighbors have come to realize that vacation homes are a given in the Estes Valley and are here to stay. There are already over 200 such rentals and they are important to the economy and necessary for visitors. It must be accepted that there will be some kind of rentals in residential areas. RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 March 20, 2007 just as it must be accepted that Estes Park is now a maze of condos and concrete. He encouraged the Planning Commissioners to make the definitions of nightly rentals and vacation homes as clear as possible. He stated vacation homes should not be for one- night rentals. He also urged staff to increase the amount of information that must be provided by an applicant in order to receive a business license. There should be more research by staff regarding proposed uses and advertising by a business prior to issuance of a license. More information should be provided to business owners regarding Town requirements and regulations. Don Gooldy, 1071 Fall River Court, stated the accommodations business license application asks whether it is a vacation home but does not specify other categories. The exact type of business should be shown on the application form. David W. Richards, 820 West Lane, stated he lives outside Town limits in Stanley Heights. He expressed concern about an adjoining property that is owned by people who live out of state; the property is rented but is not monitored at all. The homeowners’ association for the subdivision is not active; the original covenants lapsed in 1976. Ginny Hutchison, 180 Lawn Lane, stated she lives twenty-five feet away from a duplex that was formerly used for long-term rentals but is currently used for dual nightly rentals. She expressed concern about privacy issues, trespass, vacationers’ dogs running loose, unsupervised children, and vacationers having sexual intercourse in the hot tubs visible from her home in the middle of the day. She stated she has been reluctant to bother the police and had considered moving away due to the impact of the short-term rental use of the property. She stated she would like to see use of the property restricted to year-round rental use rather than nightly rentals. Discussion followed regarding enforcement procedures. Director Joseph stated there are no airtight enforcement mechanisms. Violators of the Municipal Code receive a warning regarding revocation of their business license, which can be revoked if a second infraction occurs. Business or property owners can be cited into municipal court where the judge is empowered to levy fines. For those outside Town limits, the land use code provides that the Community Development Director can deny an applicant with a history of repeated code violations access to any process (such as obtaining a building permit). The police should be notified of violations of the noise ordinance or other violations under their jurisdiction. It is a violation of both the Municipal Code and the land use code to rent a vacation home without a designated local resident or property manager as a contact person. b. Accessory Dwelling Units Director Joseph stated no action on this item would be taken at today’s meeting. An accessory dwelling unit (ADU) is defined by the Estes Valley Development Code (EVDC) as a second living quarters integrated into a principal dwelling, such as a mother-in-law apartment. In order to be eligible to construct an ADU, the EVDC currently requires that the property be at least 1.33% of the minimum lot area required in the underlying zoning district. The size of an ADU is limited to 1/3 of the habitable area of a residence or 800 square feet, whichever is less. An ADU may not be rented to anyone for income generation; it is only for use by family members or non-paying guests of the family. Planning staff has been considering the merits of eliminating the minimum-lot-area requirement. If this were done, many more properties would qualify for ADUs; currently three to four building permits per year are issued for ADUs. In communities where property values put the cost of housing out of reach of lower- income residents, ADUs provide more affordable housing. Director Joseph encouraged the Planning Commissioners to consider the following questions: • Do you think accessory dwelling units should be allowed in any zoning district? o If no, what districts do you favor allowing them in? • Do you think accessory dwelling units should be allowed regardless of lot size? o If no, do you think there should be a minimum lot size? ■Ill llllllll RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 March 20, 2007 • Do you think ADU should be attached to the main house? • Do you think ADU should be allowed to be detached? o If yes, do you think the property should be a minimum size (list size)? • Do you think ADU should be allowed to be rented? • Do you think ADU should be sold separately from the main house? • Do you think ADU should have architectural or design standards? Discussion followed, here summarized: The minimum-lot-area requirement is not commonly used in other communities. At the time the EVDC was adopted, the Planning Commission felt that the proliferation of ADUs should be limited. If every home can have an ADU, there would be considerable impact on density. The minimum-lot-area requirement provides an extra buffer for neighboring property owners. Spare bedrooms can be rented for additional income; an ADU is defined as a living area with a second kitchen. It is difficult to define what constitutes a kitchen. Some homeowners desire a second kitchen in their residence for the convenience of having a dishwasher, microwave, and/or sink in the family room without intending to create an ADU. Deed restrictions have been used to prevent a future owner from creating an ADU with this second kitchen, but that circumvents the EVDC minimum-lot-size requirement. Homeowners are unhappy when they discover they cannot add a wet bar to their residence due to the ADU definition; most violations of the ADU requirements are the result of construction of “second kitchens” without a building permit. Public Comment: Don Gooldy, 1071 Fall River Court, questioned how many cars could park at a residence with an ADU and whether cars could park in the street. Director Joseph stated plans are reviewed for adequate parking when an ADU is proposed. The EVDC limits the number of vehicles that may be parked on a property, including on-street parking. He noted that ADUs can provide benefits, such as allowing an elderly person to live in their own home longer by hiring a live-in caregiver. c. Brief Description of Lake Estes Village Proposal Director Joseph emphasized that no action on this item would be taken at today’s meeting. The proposed development plan for the Lake Shore Lodge and Lake Estes Inn and Suites properties is scheduled for review at the April 17, 2007 Planning Commission meeting. Public comment will be taken at the April meeting. The total site is just under sixteen acres and consists of two or three separate lots. The applicant may propose an amended plat to dissolve the lot lines; this would remove the constraint of setback and utility easement requirements along internal lot lines. It would provide the applicant more freedom in site design but would not yield any higher density in development of the site. The lots are currently zoned A-Accommodations] no change in zoning is proposed. The applicant is proposing construction of fifteen two- story buildings with a total of 103 condominium units to be completed in two phases. Future additions to the existing Lake Shore Lodge are shown on the plans for informational purposes only. The condominiums will consist of three types of units: units with full kitchens, units with limited kitchens, and “lock-out” units with no kitchens. All density calculations will be thoroughly reviewed; the approved number of units will not exceed the maximum density allowed under the Estes Valley Development Code. Summary of the traffic impact analysis will be included in the staff report to the Planning Commission at next months’ meeting. Impacts of construction are addressed through nuisance ordinances in the Estes Park Municipal Code and are not under the purview of the Planning Commission. Public comment could not be taken at today’s meeting because legal notice of a public hearing was not published. The brief description of this proposal is presented for informational purposes only. IfB RECORD OF PROCEEDINGS III Estes Valley Planning Commission 4 March 20, 2007 d. Other Discussion followed regarding the large agenda for next month’s Planning Commission meeting and the Commissioners’ desire to end the meeting by 5:00 p.m. Director Joseph stated it is appropriate to continue an item to the following meeting if the presentation and public comments take so long that there is not reasonable time to deliberate the merits of the proposal and other agenda items are at risk of not being heard. Chair Hull announced that the study session for the April Planning Commission meeting will be held on Monday, April 16, 2007 at 1:00 p.m. In room 202 of Town Hall. The formal meeting of the Planning Commission, where public comment will be taken, will be held Tuesday, April 17, 2007 at 1:30 p.m. in the Town Hall Board Room. Planner Shirk stated the Larimer County Board of County Commissioners voted to approve the YMCA Master Plan proposal at their meeting on March 19, 2007 with one additional condition. That condition provides that approval of the master plan does not include approval or disapproval of any reunion cabins. There being no further business, Chair Huii adjourned the meeting at 2:30 p.m. Betty Hu^ Chair ledere/ Recording Secretary