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Home My WebLink AboutMINUTES Planning Commission 1998-04-21BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission April 21,1998 Commission: Attending: Also Attending: Chair A1 Sager, Commissioners Mark Brown, Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Commissioners Brown, Burgess, Sager, and Thomas Trustee Liaison G. Hix, Town Attorney White, Direetor Stamey, Senior Planner Joseph, Public Works Director Linnane, Recording Secretary Botic Absent:Commissioners A. Hix and Pohl Chair Sager called the meeting to order at 1:33 p.m. and welcomed Commissioner Burgess to another six-year term on this Board. APPROVAL OF MINUTES Minutes of the March 17, 1998, meeting were approved with a request from Commissioner Thomas to review the tape to clarify the inconsistency in item 2.a. regarding who made the motion. Subsequent to this meeting the tape was reviewed and the following correction has been made. “It was moved and seconded (Thomas/Burgess) to favorably recommend to the Board of Trustees approval of the Amended Plat of Lots 7,8, and 9, Ft. Morgan Colony Addition, ...” VACATION RENTAIv UPDATE (Director Stamey was not present during this discussion.) Attorney White reviewed the history stating that since passage in the 1980s, there has been no allowance of vacation/transient (less than 30 days) rentals except for Commercial Accommodations businesses. Options include: continuing as we have with the joint commission addressing the issue, a moratorium, regulation of particular zones. If this issue is to be regulated, Mr. White recommends the Planning Commission amend the current Code which would involve public hearings by Planning Commission and Town B oard, and final action by the Town B oard. A third party survey was completed by Ed-Venture Associates, Inc., Richard S. Putney. Chair Sager stated Staff is requesting a recommendation to Town Board. If a change is recommended, public hearings will be held by Planning Commission and Town Board and existing uses would be grandfathered. Senior Planner Joseph noted that the third party survey included data from: Berthoud, Fort Collins, Loveland, Breckenridge, Durango, Frisco, Glenwood Springs, Silverthome, Steamboard Springs, Summit County (Colorado), Jackson (Wyoming), Park City (Utah) and Teton County (Wyoming). Audience comments included the following: Tom Melton, in Town resident. He expressed concern with lack of past enforcement and opportunity for citizen input. Mr. Melton was a weekly renter in the 70s and is opposed to the enforcement of the existing Code, stating those with limited incomes need rental revenue to pay mortgage payments. Howard Speer, Fall River Estates. He recently realized this is happening, is concerned BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21,1998 Page 2 with lack of enforcement and is opposed to allowing vacation rentals. Annie Raccine, Range Realty. She stated weekly rentals are paying sales tax, this issue may be addressed through covenant changes and is opposed to the Town taking over and ‘policing’. Jim Czarnowski, also representing his parents’ Tom and Patti, Fall River Estates. He questioned zoning an area residential if commercial activities are allowed and noted buyers have ‘residential’ expectations. He urged the Commission to take a stand and stated a moratorium will be unsatisfactory. Dona Williford, Charles Heights (County), E-Estate. There is a rental property in her neighborhood which brings van loads of people. She has expectations for her home and urged the Commissioners to take action restricting vacation rentals which she anticipates will be followed by the County. Dominick Taddonio, Windcliff (County). Mr. Taddonio stated he had been an observer in today’s Study Session and stated his opinion/clarification on issues discussed in the Session (takings, buyers expectations regarding zoning distinction of short term/long term). He related his negative neighborhood experiences of short term renters. He does not understand the sales and commercial taxes which may impact EVRD and Park School District. He cautioned grandfathering, as this may set a precedent for other issues to be grandfathered. Commissioners Discussion. In response to Mr. Melton’s comments. Commissioner Thomas reviewed the history of the February 17,1998 Planning Commission meeting and Mr. Thomas’ request for a third party survey. Commissioner Brown questioned the idea of covenants to restrict usage; Attorney White stated covenants work well at a project’s beginning. Commissioner Burgess noted that not all areas have covenants and stated she has received numerous telephone calls from people who were unaware they could complain about the illegal vacation rentals in their neighborhoods. Chair Sager sated the Ordinance should be enforced and rewritten to reflect community desires. Commissioner Thomas agreed with Chair Sager. Commissioner Brown stated the B oard has heard the viewpoints expressed and he would encourage the Estes Valley Planning Commission to address this and to not make changes for one summer which may not be dealt with appropriately. Recognizing this issue demands addressing, it was moved and seconded (Brown/Thomas) to favorably recommend to the Board of Trustees that the Estes Valley Planning Commission give consideration to this issue, and it tied with the following votes. Those voting “Yes,” Commissioners Brown and Thomas and those voting “No,” Commissioners Burgess and Sager. Discussion continued with Attorney White stating existing uses will be grandfathered so ‘takings’ is not an issue. Commissioners expressed their desire to look forward in a proactive manor. It was moved and seconded (Sager/Burgess) to favorably recommend to the Board of Trustees that Town Attorney White prepare an Ordinance to prohibit short term rentals in residential zones, and it passed with the following votes. Those voting “Yes,” Commissioners Burgess, Sager and Thomas, those voting “No,” Commissioner Brown. Due to prior conunitments. Attorney White was excused from the Meeting at 2:30 p.m. BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21,1998 Page 3 3. DEVELOPMENT PLAN 3.a. Development Plan 98-01, Lot 1, Beaver Point Third Addition, Jack Williams/Applicant. Director Stamey joined the meeting at this time. Senior Planner Joseph stated that Applicant needs more time to address concerns raised by staff and has agreed to continue this item until May. Applicant’s representative, Ross Stephen, stated agreement with Mr. Joseph. It was moved and second (Brown/Burgess) to continue Development Plan 98-01, Lot 1, Beaver Point Third Addition, until May 19, 1998, and the motion passed unanimously. 4. SPECIAL REVIEW 4.a. Amended Special Review 97-02, Lots lA and 5A of the Amended Plat of Lots 1 and 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, located in the NE V4 of the SW V4 of Section 25, T5N,R73W of the 6th P.M., Lynn W. Kinnie/Applicant. This is a request for amendments to the lighting and P.A. System for the Miniature Golf Course. Chair Sager opened the Public Hearing. Applicant’s representative. Bill Van Horn, explained the request and noted that if they comply with staffs request to shorten the light fixtures from 12' to 10', the illumination will be reduced and will require additional light fixtures. Mr. Van Horn submitted pictures of the eastbound and westbound profiles. The proposed light style was selected because of the similarity to the downtown lights (tear drop/gooscncck). The request for the height reduction was not due to a traffic safety issue and Mr. Van Horn questioned what will be gained and noted this will be a problem with the overall lighting design. In response to Chair Sager’s concerns with the proposed spot lights, Mr. Van Horn noted they will be totally directional, directed at ground features and will not produce off-site glare. They will provide short distance lighting and if problems arise, they will be addressed/corrected. The foot bridges plans show lights at both ends and none in the center at this time. The second part of Applicant’s request is to utilize a public address system to assist in management of play on the course and possible background music. Currently a ‘bull hom’ pole-mounted speaker is utilized (on the old course). Approximately 20-25 speakers (disguised as enhancements to the decorative scheme) will be installed at ground level which will be significantly less than current system. Applicant is requesting background music be allowed; music would not be louder than customers’ conversations. This will result in fewer conspicuous speakers, which will be subject to testing/approval by the Commissioners. Mr. Kinnie stated the old golf course will be removed. Senior Planner Joseph read correspondence from Joe T. Adair, 351 Moraine Avenue, expressing concern with sound and requesting sound be contained within40'from the property line of Mr. Kinnie’s business. Mr. Joseph stated his willingness to withdraw the recommendation to lower the light fixtures if Applicant shows this will require additional fixtures. In accordance with the original approved. Applicant has submitted photographs for staff approval which illustrate the proposed character, color and design elements (a change from the original Old West theme). Chair Sager closed the Public Hearing. It was moved and seconded (Brown/Thomas) to approve the request for Amended Special Review 97-02, Lots lA and 5A of the Amended Plat of Lots 1 and 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, located in the NE V4 of the SW V4 of Section 25, T5N, R73W of the 6th P.M., with the following conditions, and BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Planning Commission - April 21,1998 Page 4 it passed unanimously. • All street fixtures located on the north side between the river and the highway shall be shortened two feet (from 12’ to 10) as per Section 17.36.030 F.2.a. unless Applicant provides an Engineer’s Statement/design sheet stating this reduction will require added fixtures. • There shall be no glare emanating from the ground mounted accent lighting and Applicant shall provide an Engineering Statement that it meets Section 17.24.010 B.4. • Sound 1. Approve the sound (P.A. system and music) subject to review by the Planning Commission after installation. 2. The Sound System shall be in conformance to meet Section 17.24.040 and because this adjoins the C-D District, the distance shall be lowered from 200' to 40'. 5. SUBDIVISION 5.a. Amended Plat, Lots 3 and 4, Block 1, Lone Pine Acres Addition, SW corner of Raven Avenue and Lone Pine Drive, Mack Enterprises, Inc./Applicant. This is a proposal to combine 2 lots into 1 lot. Applicant’s representative, Ross Stephen, stated most changes requested by staff have been made. Chair Sager questioned the utility easement. Senior Planner Joseph requested Mr. Stephen clarify information stated in the August 12,1994 letter written to Bill Linnane, Public Works Director, from Paul Kochevar, Estes Park Surveyors and Engineers, Inc. Mr. Stephen stated the Applicant is aware of (street) costs and has no problem with sharing the cost. Mr. Joseph stated staff will follow-up with Mr. Stephen regarding labeling of lots prior to Town Board and stated recommendation #2 of the staff report is being withdrawn. Stating that there is no obligation to continue the 1994 process as it is a private matter, it was moved and seconded (Brown/Burgess) Amended Plat, Lots 3 and 4, Block 1, Lone Pine Acres Addition, SW corner of Raven Avenue and Lone Pine Drive, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. • Prior to Town Board Staff and Applicant’s representative will resolve Lot Labeling. • The dedication statement shall be revised to read “drainage easements.” • The vicinity map shall be added to the plat. • The delineation of the utility easements at the northeast comer of the site shall be continued to street right-of-way. REPORTS - none. ADJOURNMENT There being no further business. Chair Sager adjourned the meeting at 3:15 p.m. JCA. LlGotj^ ')___ Roxanne S. Botic, Recording Secretary