HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission 2004-06-15RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
June 15, 2004,1:30 p.m.
Board Room, Estes Park Municipal Building
Commission:
Attending:
Chair Homeier, Commissioners Wendell Amos, Judy Haggard,
George Hix, Bill Horton, Joyce Kitchen, and Edward Pohl
Chair Homeier, Commissioners Amos, Haggard, Hix, Kitchen and
Pohl
Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner
Chilcott and Recording Secretary Williamson. Town Board Liaison
Habecker present at the study session.
Absent:Commissioner Horton
Chair Homeier called the meeting to order at 1:30 p.m.
1. CONSENT AGENDA
a. Estes Valley Planning Commission Minutes dated May 18, 2004.
It was moved and seconded (Amos/Pohl) that the Consent Agenda be accepted
and it passed unanimously with one absent.
2. PUBLIC COMMENT
None.
3. ESTES VALLEY DEVELOPMENT CODE CHANGES
Public Comment:
River Setbacks
Ross Stephens of Cornerstone Engineering stated the current river setback does not
allow a hot tub in the setback. Planning staff considers a hot tub a structure. He
feels a hot tub is portable and should not be considered a structure. Many
properties along the river corridors would like to take advantage of the aesthetics by
placing hot tubs or picnic tables near the river. He pointed out there have been
exceptions made for concrete trails placed near the river within the river setback.
Director Joseph questioned the definition of a hot tub. Mr. Stephens suggested the
code could define the size of a hot tub which could be permitted within the river
setbacks. Chair Homeier agreed with Mr. Stephens suggestion; and stated it is
important to allow individuals to take advantage of the aesthetics the river corridor
provides. Mr. Stephens feels the setback requirements are a safety issue for the
floodplain along the river corridors. Director Joseph does not feel it is a safety issue,
rather an issue of aesthetics and the protection of the natural environment.
Commissioner Amos suggested the code should either be amended to allow the hot
tubs in the river setbacks or they could be approved through a variance request.
Landscaping
Mr. Stephens stated Cornerstone Engineering has many projects that are done in
phases; and as units are completed, including the landscaping, a certificate of
occupancy has been issued. He asked if a development plan was to be built in
phases would the entire landscaping plan need to be implemented before obtaining
the certificate of occupancy for the completed phase. Director Joseph advised that a
certificate of occupancy is issued for phasing of a development plan if an
improvement guarantee is in place for the improvements. Mr. Stephens suggested
the landscaping plan be guaranteed and completed with each phase of the project.
Director Joseph stated phasing has been allowed and could be added to the code.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
June 15, 2004
Accommodation Zoning
Linda Schneider with Prudential Team Realty, asked if changes are planned for the
accommodation zoning district regarding length of stay for condominiums. Director
Joseph stated they are considering changing the code to allow short term rental in
the single-family residential zoning districts as a principal use. Currently it is allowed
as an accessory use. He stated staff has discussed changes to the use chart for the
“A” zoning district to clarify prohibition of single-family, duplex or triplex units as a
use by right. Staff feels this is a potential problem that needs to be addressed.
Item 1 - Setbacks, item 2 - Minor Modifications. Item 3 - Separate Lot
Determinations
It was moved and seconded (Amos/Kitchen) to recommend acceptance to the
Town Board of Trustees and the Board of County Commissioners Block 7 Item
1 - Setbacks, Item 2 - Minor Modifications, Item 3 - Separate Lot
Determinations to the Estes Valley Development Code and it passed
unanimously with one absent.
Item 4 - Landscaping
Planner Shirk discussed the code changes. He stated landscaping would be
required based on the area developed instead of considering the entire lot. Director
Joseph stated the language regarding berms could be improved. He also feels
graphic 7.1 could be improved clarifying that undeveloped and undisturbed areas
require no buffer planting.
Planner Shirk stated fences in residential developments would be finished on all
sides that are visible from off-site. Commissioner Kitchen questioned the language
in the code which states a chain link fence shall not be used for screening or
buffering purposes. Director Joseph suggested the intent of the code was to prevent
unsightly building materials to be used as a buffer. Commissioner Pohl asked if the
code specifies where chain link fences can and can not be used. Director Joseph
stated that he did not believe chain link fences were allowed in any zoning district.
Commissioner Kitchen believes there are certain circumstance in which chain link
fencing should be allowed for security and safety purposes. Ross Stephens sees a
need for chain link fencing: and stated the fencing could be screened with plantings.
Planner Chilcott feels the entire section is contradictory and may need to be
revisited. Director Joseph suggested the code limit the use of chain link fencing in
the commerical outlying district; and if unslightly materials are used they should be
buffered with plantings. Commissioner Kitchen agreed. Commissioner Amos would
like staff to review the entire code regarding chain link fences and report back to the
Commission. He believed chain link fences were not allowed. Planning staff will
review the code in regards to chain link fencing and come back to the Planning
Commission with suggested changes next month.
It was moved and seconded (Amos/Hix) to allow staff to make the suggested
changes to Item 4 - Landscaping to the Estes Valley Development Code and
place it on next month’s consent agenda with chain link fencing standards as
an action item and it passed unanimousiy with one absent.
4. REPORTS
Town Attorney White reported that the Board of County Commissioners approved
the fire district service plan. No exclusions were granted.
There being no further business, meeting was adjourned at 2:50 p.m.
Richard Homeier, Chair
jycquilyn Wiiliamson, Recording Secretary