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HomeMy WebLinkAboutMINUTES Estes Valley Planning Commission Study Session 2018-05-15 Commission: Chair Leavitt, Vice Chair White, Commissioners Schneider, Foster, Murphree, Hull, Baker Attending: Leavitt, White, Schneider, Foster, Baker Also Attending: Town Attorney White, and Absent: Hull, Murphree Chair Leavitt called the meeting to order at 11:00 a.m. Approximately 25 people in attendance, this study session was recorded and live streamed on You Tube. 920 Dunraven/260 Stanley Ave Rezone Planner Becker discussed the rezone for 920 Dunraven-a request to rezone from CH to CO for the purpose of a microbrewery. She informed that the site has been vacant for 4 years. It was asked what the change in condition was to justify the code change. Becker informed that Public Works was working with the developer on the parking/density issue in this area and said that the Statement of Intent provided a review of what the applicant planned to do. Becker discussed 260 Stanley Avenue, a request to rezone the small northern most triangle of land from E to RM. This request was the final piece of the Stanley Avenue Townhomes, fulfilling the Development Plan conditions of approval. She stated that the subject piece of land would serve as the detention pond. D West Minor Subdivision Planner Becker reviewed the Minor Subdivision Plan which is located on the north side of Stanley Circle Avenue. She stated that this project consisted of one lot being subdivided into two and that it would remain E-Estate zoning for two single family dwellings. Eagle Rock Development Plan Planner Woeber reviewed the Eagle Rock Development Plan. He presented that the school was nonconforming and the special review would allow for the expansion for which Eagle Rock has applied, mainly on-site staff housing. He informed that a Special Review would also allow for future expansion. Wind River Development Plan Planner Woeber requested that this be continued to June. He stated that there were numerous revisions that need to be reviewed, including comments from CDOT, before being brought before the Commission. Public comment would be allowed at the Planning Commission Meeting later today. Twin Owls Rezone Planner Woeber discussed the property located at 700 St Vrain Ave, which consisted of two lots with split zoning. The A zoned lot contains a motel and house and the R2 zoned lot is undeveloped. Applicant requests the R2 lot and vicinity be rezoned to RM with the intent to develop the lot for multi-family housing. He continued that the Planning Commission Study Session May 15, 2018 – Page 2 development code implied erroneously that a development plan was necessary to determine whether a rezoning is consistent with the Comprehensive Plan. The rezoning itself is one of the legislative matters that should be reviewed for Comprehensive Plan consistency. The condition is significant overall shortage of housing in the Estes Valley and is consistent with the Comprehensive Plan and growth patterns in valley, and last, service providers say there are adequate services to this site. Currently this is a Rezone and not a Development Plan. Question/comments: Director Hunt explained that a waiver was made for a Development Plan by the Com Dev Department. There are no criteria in code for determining the threshold at which a development plan is triggered and that standard practice will be to waive all development plans for rezoning except Planned Unit Developments. Attorney White stated that he had no problem with the waiver of development plans. If this is rezoned to RM it will fall into the double density bonus and could house approximately 70 units. There was a brief discussion lot size requirements for duplexes. Vacation Homes: cap, LVH deadline, Host Compliance, Condo-tels, dark skies, response time, bears Director Hunt stated that the Vacation Home cap is to be revisited every year. The cap for VH in Residential Districts has been met and there is now a waiting list. He reviewed how the 588 number was decided, suggesting that we gather data for another year to see what effects the cap is having. CCO Hardin stated that anticipated attrition rate was not expected to be very significant The deadline for applying for a Large Vacation Home was March 31, 2017. She informed that it has been discussed how to move forward with this issue with suggestions of eliminating the deadline date, or setting a new date for those not eligible. Host Compliance has the latest data base of Vacation Homes and sends a monthly report of homes operating under the radar, last month reporting none. Host Compliance is now calling property managers, not home owners. She continued the Town Clerk was considering an amendment to the Municipal Code regarding Condo-tels, properties individually owned but run with on-site management, requiring every individual unit be registered. These have operated like a hotel up until now and is a business license issue, not a development code issue. Attorney White noted it has always been intended that individual owners have a business license. There was a brief discussion on the Dark Skies policy decision, which has allowed vacation homeowners modifications such as frosting the glass and flood lights on a timer or motion sensor. Concerns were raised on whether or not frosted or painted glass are Dark Sky compliant. In line with this, the Wildlife Ordinance requiring bear proof garbage cans was discussed. It was suggested that these requirements be reviewed prior to renewal of registrations, possibly by showing receipts or sending photos of light fixtures and trash cans. It was noted that care needs to be taken into consideration when using current property owner’s relationship with the neighbors in staff reports, as the Vacation Home License runs with property not owner. Density Bonus Parking Director Hunt spoke on parking requirements stating that they are the same ratio for density bonus or standard zoning (example: 2BR unit=2 ¼ parking spaces). Revisiting standards for parking spaces on multi-unit, commercial and other things has been in the works for several months. He stated that the Institute of Transportation Engineers Parking Generation Manual would be studied and reviewed for the June or July study session to examine data for density bonus parking and see how it compared to our standards. He opined that standard development practice shouldn’t override parking requirements and that parking and parking space dimensions have changed. Stanley House Museum: public memo Director Hunt explained how museums fall under the umbrella of cultural institutions perhaps needing to be separated out and be more specific to different uses. There is a Current Code Amendment that would allow Cultural Institutions as a Special Review in Residential Districts, giving the Town an opportunity to revisit subcategories under this Code Amendment. If Code is structured right, it can eliminate the need for case by case Planning Commission Study Session May 15, 2018 – Page 3 special review except where Code specifically requires it. In most places, our “special review” term is called a “conditional use”, which is a more appropriate term. The Code Amendment will have to be in place before the special review can take place. Planning Commission meeting times and frequency Discussion was had regarding having more than one meeting per month, and possibly changing the time of meetings to a late afternoon or evening. There is a significant community benefit to this and it should be seriously considered. A dissenting idea was voiced that evening meetings will have the added pressure of time and could cause rushing through issues. Change could involve limiting and rearranging agenda items and an extra Study Session per month especially during the Comp Plan review. A trial period of 6 months would best. Discussion on this issue should come sooner rather than later, making a decision hopefully by June. Study Session recordings/minutes Attorney White advised that future Study Session minutes will have to be approved in the consent agenda. Minutes should have been taken for a long time, the Town Board does it, as there is enough discussion in study sessions that should be recorded. Reading the statute, some of the work done in the study session fit into the statutory definition. Transparency is required in this era and minutes should what was discussed, not detailed information. It was suggested to try for 3 months, critique, and revisit. Audio/Video recordings are not official, written minutes are. There is no expectation of privacy in a public meeting, so no announcement needed. Ex-parte explanation Attorney White spoke on how to handle ex parte situations with both legislative and quasi-judicial review of a situation: The ex parte starts when a quasi-judicial application is formally applied for. Legislative=Code, Development Plan=QuasiJudicial. His advice, be careful when talking to developers if they are soon to file, “where are you in the process” is a good question to ask. There is no legal established policy. He noted that the Town Board is elected, and this Commission is an appointed so there is more leeway. Commissioner comments and questions -Handout of towns adopted and strategic goals -Meeting was held on 5/14, covering the next steps in the Comprehensive Plan, with training of new trustees in a public meeting occurring in the next couple of weeks. -Press Release regarding communication about Comp Plan. -June 14 next 3-way meeting with Town Board and County Commissioners. -Make sure Comp Plan issues aren’t going on separate tracks with other groups assigned to research them. Adjourn 1:15 There being no further business, Chair Leavitt adjourned the meeting at 1:20 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary