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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