HomeMy WebLinkAboutMINUTES TOWN BOARD EVPC Joint Study Session 11-24-2009
Town of Estes Park, Larimer County, Colorado, November 24,
2009
Minutes of a Joint Study Session meeting of the TOWN BOARD AND
ESTES VALLEY PLANNING COMMISSION of the Town of Estes Park,
Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 &
203 in said Town of Estes Park on the 24th day of November, 2009.
Board: Mayor Pinkham, Trustees Blackhurst, Eisenlauer, Ericson,
Levine, Homeier and Miller
Commission: Commissioners Fraundorf, Hull, Lane, Norris and
Poggenpohl
Also Attending: Town Administrator Halburnt, Deputy Town Administrator
Richardson, Town Attorney White, Town Clerk Williamson,
Director Joseph and Planners Chilcott and Shirk
Absent: Commissioners Klink and Tucker
Mayor Pinkham called the meeting to order at 5:05 p.m.
PRIORITIZE DEVELOPMENT CODE CHANGES.
The Town Board ranked a list of Development Code changes presented by the Estes
Valley Planning Commission. The list by highest ranking included enforcement of
current development code, wind turbines, vacation home rentals and Bed & Breakfasts,
accessory dwelling units/kitchens, Planned Unit Development (PUD) provisions
(downtown), RM – Multi-Family Residential and A-Accommodations standards (replace
existing kitchen based density formulas with a Floor Area Ratio (FAR)), adopt solar
panel regulations, clarify containment provision in the CD-Commercial Downtown
districts (tour operators and bike rentals), expired development plan approvals, fix
Appendix D (reconcile Town and County road standards), private schools (develop
standards), limit site disturbance on old lots, A-1-Accommodation density formulas
(clarify definition of unit), wildlife and open space, inclusionary zoning (affordable
housing), revision of Comprehensive Plan, and commercial/residential interface zoning.
Trustee Miller suggested PUDs be addressed first and focus on the entire valley with
three types, including residential, commercial and mixed use. He stated the PUD
process encourages developers to be more creative and develop intelligent design. He
encouraged staff to review other community’s regulations to determine what would work
for Estes Park.
Discussion occurred amongst the Board and the Commissioners and has been
summarized: there may be some issues that could be resolved rather quickly and with
little staff time; PUDs could provide additional housing options; the Town should
address the solar panel regulations before it becomes an issue; PUDs need to be
addressed because they are not readily available with the current code language; the
Board needs to have a discussion on why regulations are required to address certain
issues because regulation without enforcement may not be the answer; enforcement of
current development code should be removed from the priority list; accessory dwelling
units should be addressed with workforce housing and PUDs; the Comprehensive Plan
does not include an energy policy and should be revised; the Planning Commission
should review the Comprehensive Plan and submit a report to the Town Board on
necessary changes/updates.
Town Board Study Session – November 24, 2009 – Page 2
After further discussion, the top priorities included 1) Planned Unit Developments
(PUDs), Housing (specific code changes to be identified after the joint meeting with the
Town Board, Planning Commission and the Housing Authority in February 2010) and
Comprehensive Plan review. Administrator Halburnt suggested a joint Task Force be
established with Town Board and Planning Commissioner members to review the
Comprehensive Plan.
A discussion ensued on whether or not to regulate alternative energy such as solar
panels and solar arrays. Some members expressed concern with property rights and
questioned the need to regulate, while others expressed concern with view corridors
and the rights of neighboring property owners. A problem statement needs to be
outlined in order to identify and address the issues related to alternative energy.
WIND TURBINES.
Director Joseph stated the Planning Commission has studied, reviewed the survey, and
taken public comment on the issue, and have concluded wind turbines should be
regulated and not banned by striking a balance between property rights and public
concern. An extension of the temporary moratorium has been requested to allow the
Planning Commission time to investigate and develop regulation for a new affordable
and efficient micro-turbine before bringing a recommendation forward to the Town
Board. The Planning Commission would recommend the devices meet international
standards because the state has not developed safety standards for the devices.
Board comments included: the proposed regulations would ban wind turbines on most
lots; HOAs should address the issue; why regulate wind turbines if the intent is to ban
them; a special review process would allow neighboring property owners a voice in the
review process; and regulations already exist in the code such as setbacks, height and
noise that should be used to regulate wind turbines.
Planning Commission avoided the special review process because there is no other
issue regulated in that manner. The Commission focused on regulating turbines
through setbacks. Attorney White emphasized a variance for the sighting of a wind
turbine due to setback requirements would not be in the preview of the Board of
Adjustment, as the function of the Board of Adjustment is to address irregularities of
lots.
Discussion followed on how to address wind turbines either through regulation or a ban
throughout the valley. The Town Board requested the Planning Commission bring
forward a recommendation for the Board’s consideration.
VACATION HOMES AND BED & BREAKFAST CODE AMENDMENT – PROBLEM
STATEMENT.
Director Joseph stated the vacation home code amendments have been simplified in
relation to services provided by owner, meal service, housekeeping, definition of party
and minor wordsmithing. Staff would replace the word agency in the code amendments
with representative.
ACCESSORY KITCHEN.
Director Joseph stated the recommended code change would allow an accessory
kitchen on any lot with the recordation of a land use affidavit. The affidavit would
ensure future owners are aware the property cannot be used as a duplex.
There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m.
Jackie Williamson, Town Clerk