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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