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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2019-06-18 The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. Prepared: June 11, 2019 AGENDA ESTES VALLEY PLANNING COMMISSION June 18, 2019 6:00 p.m. Board Room, Town Hall 1. OPEN MEETING Planning Commissioner Introductions 2. AGENDA APPROVAL 3. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA Study Session Minutes: May 21, 2019 Meeting Minutes: May 21, 2019 5. CODE AMENDMENT: VACATION HOME CAP/REVIEW DATE Planner I Hardin 6. CODE AMENDMENT: GATED COMMUNITIES Planning Technician Kreycik 7. PRELIMINARY PLAT: WILDFIRE ACRES, TBD DRY GULCH ROAD Planner II Hathaway Owner: Westover Construction, Inc., RDA Associates LLC, Crossroads Ministry of Estes Park, Inc Applicant: Van Horn Engineering Request: Approval of Preliminary Plat Application 8. REZONE: WILDFIRE ACRES, TBD DRY GULCH ROAD Planner II Hathaway Owner: Westover Construction, Inc., RDA Associates LLC, Crossroads Ministry of Estes Park, Inc Applicant: Van Horn Engineering Request: Rezone property currently zoned CH-Commercial Heavy, O-Office, E-Estate and RE-Rural Estate to O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential 9. REPORTS 10. ADJOURN Town of Estes Park, Larimer County, Colorado May 21, 2019 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes Valley, Larimer County, Colorado. Meeting held in Rooms 202/203 of Town Hall. Commission: Chair Leavitt, Vice Chair White, Commissioners, Foster, Murphree, Smith, Theis Attending: Leavitt, Theis, Murphree, Smith, White, Foster Also Attending: Town Attorney White, Town Board Liaison Norris, Director Hunt, Planner II Hathaway Planner I Hardin, Planning Tech Claire Kreycik, Senior Planner Woeber, and Recording Secretary Swanlund Absent: none Chair Leavitt called the meeting to order at 3:30 p.m. There were 10 people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Vacation Home Cap/Review Dates Director Hunt stated that staff is not recommending raising the cap. The wait list is currently at 30. Having the renewal date in April is not feasible, as the closing date for Vacation Homes isn’t until March 31. Staff would like to change the code language from April of every year to the Second Quarter of every year (April, May or June). This gives more leniency for processing and compiling information. A June code amendment should be attainable for doing this. Leavitt noted that Vacation Homes raise the selling price of real estate, and he requested that be listed as a disadvantage in the staff report. A decrease in the cap would allow more properties to be available for long term rental. Hunt reported that administration for Vacation Home’s is being transferred to the Town Clerk and Code Compliance is being transferred to the Police Department. Linda Hardin is now acting as Planner I. It was requested that the Board of Trustees look at the IGA to see if this move is allowed. Gated Communities Code Amendment Claire Kreycik reviewed the upcoming Code Amendment disallowing Gated Communities. The main objective is to ensure safety to residents. Police and fire departments are not in favor of gated communities for this reason. There has been a pre-app submitted requesting a gated community; this amendment would be giving direction to this proposal. The current gated communities would be grandfathered. This would apply to communities of three homes and above. PC has jurisdiction over private roads, town and county have jurisdiction on public roads. Where do livestock gates fit in to this amendment? Larimer County Engineering is in favor of this restriction. Theis asked why amend the code when the PC needs to approve plans anyway. Researching what Larimer County policy is was suggested. Wildfire Project Planner Hathaway gave a quick rundown of the Wildfire project. It includes annexation, rezoning, subdivision plats, and development plans for single family homes (14), townhomes (26) and condos Planning Commission Study Session May 21, 2019 – Page 2 (88). The next PC meeting (June) will hear the rezone and preliminary plat, August PC meeting would hear the Development Plan. The applicant is asking for a density bonus on the 88 condos, which will be deed restricted, market rate workforce housing. The Town Board will make a decision on the pre-annexation at the May 28 meeting. If it is denied, the project could still be reviewed, but with Larimer County engineering. There is no town policy for annexation, it is strictly discretionary Grady Minor Subdivision Planner Hathaway reviewed the application for a Minor Subdivision at 625 West Elkhorn. The property is currently unplatted and the owner wants to create two lots from the single lot. Parking memo-Ayres Associates Planner Woeber discussed the evaluation that Ayres Associates did for residential parking. The current code recommends 1.75 spaces per unit. Staff is recommending 1.7 parking spaces per unit for one to three story units which matches the ITE manual. The study excluded employee housing, which needs be clarified. Wind River and Grand Estates will be a good test to see how the density bonus affects parking in new developments. Hunt stated that Ayres will be researching all of the density bonus issues in the near future. Foster asked why not go with the 1.8 number that is being used for the Wind River project since this project is more site specific than the ITE. Mountain Coaster update Attorney White discussed the May 1 decision on the appeal on the Board of Adjustment decision to approve the staff decision of reviewing the Mountain Coaster Development Proposal at a staff level. The Judge ruled that the BOA should have been the body that decided the Use Classification and that a Location & Extent review should have been used due to the fact that our Code does not specify that private property isn’t subject to an L & E review. This is in direct conflict with the previous ruling by another Larimer County District Court Judge. The BOA will decide whether or not they want to appeal this decision at their June 4 meeting. It is possible for the PC to get this remanded back to them, therefore quasi-judicial (ex-parte) is still in effect. There is no current injunction keeping the Mountain Coaster from moving forward. Hunt noted that the Park and Recreation code amendment will be on the Town Board agenda on May 28. There are complications and concerns due to the recreation use inventories currently taking place in residential zones. Downtown Height Increase Planner Woeber discussed the height restrictions in the Commercial Downtown zoning area. Currently there is a 30 foot height limit. The 2017 Downtown Plan suggests that three story buildings be allowed. Hunt added that this is resurfacing due to the Town Board questioning what is happening with the Downtown Plan. Theis noted that consideration should be taken into account in regard to sun/shadows; raising the height on the north side of Elkhorn does not cause as much of a shadow affect. Town Board is looking at 2020 to begin implementing the Downtown Plan. Bringing this to the PC now gives reasonable deliberation time. Distribution of the plan to Commissioners and Trustees would be a good idea. Zoning vs Development Director Hunt explained the subject stating that it arose from the rezone that recently took place on Dry Gulch Road. We should be cautious rezoning properties that leave them nonconforming; this was not done in the 2000 rezoning process. Usage of adjacent properties should be taken into Planning Commission Study Session May 21, 2019– Page 3 consideration. Without a new comp plan, it is hard to identify conditions and move forward with zoning change proposals. Redevelopment protocol is needed. Norris stated that to combat the comp plan we should make decisions based on the current plan and clearly spell out the basis for findings beyond the comp plan. Foster asked what the plan is related to the IGA as we are in a deadlock until that is figured out. Norris answered that the staff and elected officials within the two organizations are not in alignment with each other. The town has taken the lead on how to move forward. Staff level discussions should be taking place within the next few weeks. Wildlife Study Chair Leavitt reviewed the 2008 Estes Valley Habitat Assessment hoping to resurrect it and provide updated information for the Development Code. This was adopted by the PC, but not the town. Staff does send all reviews to the Colorado Parks and Wildlife, but is unaware of this study. Wildlife is reviewed but not allowed to be a decision making subject. Review and discuss what can be done with the PC’s wildlife review and climate change in projects. Questions/Discussion Submit items for Study Session around the beginning of the month. Have the After Action report be made the day following the meeting, perhaps with less information Videos of meetings are retained one year, plus one year, per the Town IT department. If it is town policy, not state policy, possibly lobby for a change. Check with IT on this. Future Items Density Bonus issues-Ayres Associates Downtown Plan review Wildlife Study/Colorado Parks and Wildlife speaker? “Commissioner Talks” Chair Leavitt adjourned the meeting at 5:27 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary RECORD OF PROCEEDINGS Estes Valley Planning Commission May 21, 2019 Board Room, Estes Park Town Hall 1 Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith, Robert Foster, Steve Murphree, Frank Theis Attending: Leavitt, White, Smith, Foster, Murphree, Theis Also Attending: Director Randy Hunt, Town Attorney Greg White, Town Board Liaison Ron Norris, Planner II Brittany Hathaway, Planner I Linda Hardin, Recording Secretary Karin Swanlund Absent: None Chair Leavitt called the meeting to order at 6:00 p.m. There were 9 people in attendance. 1. OPEN MEETING 2. APPROVAL OF AGENDA It was moved and seconded (White/Smith) to approve the agenda as presented and the motion passed 6-0. 3. PUBLIC COMMENT none 4. CONSENT AGENDA Approval of April 16, 2019 Planning Commission meeting minutes. Approval of April 16, 2019 Study Session minutes Large Vacation Home, 641 Sanborn Drive Chair Leavitt made some minor changes to the Study Session minutes, which will be updated by the recording secretary. It was moved and seconded (Foster/White) to approve the minutes as amended and consent agenda as presented and the motion passed 6-0. 5. MINOR SUBDIVISION, 625 West Elkhorn Ave Planner II Hathaway Planner Hathaway reviewed the application for a minor subdivision. The proposal entails creating two legal lots from one unplatted parcel. Lot 1 will include one existing single- family home and detached garage and Lot 2 will include the other existing single-family home. Existing improvements will meet all dimensional and density standards for each lot. Staff recommended approval of the Preliminary Minor Subdivision Plat. Commission Discussion: There is no additional construction planned at this time. RECORD OF PROCEEDINGS Estes Valley Planning Commission May 21, 2019 Board Room, Estes Park Town Hall 2 Applicant Discussion: Lonnie Shelton, Van Horn Engineering, reviewed the names of the former residents of the house. The lot orientation runs North/South. There are two addresses and two access points for the existing homes. Lauri Grady, owner, spoke on the history of the house and her restoration projects. The house currently has a Bed and Breakfast license. Public Comment: Pat Newsom, town resident, inquired what the property was zoned, stating concerns with Vacation Home rentals. It was moved and seconded (Foster/Murphree) to recommend approval to Estes Park Town Board of Trustees and the Board of Larimer County Commissioners of the Preliminary Plat of the Grady Minor Subdivision as presented to the according to findings of fact, including findings recommended by Staff. The motion passed 6-0. 6. REPORTS: Director Hunt A) This is the first meeting taking place at 6:00. The attendance will be reviewed after six months and the meeting times will be revisited. B) Code Compliance has been moved to the Police Department C) Vacation Homes will now be administered by the Town Clerk D) Study Session items discussed: Code Amendment prohibiting Gated Communities Downtown Plan/building height increases Parking for density bonus developments Zoning vs Development (nonconforming lots) 2008 Wildlife Study-implementing into Development reviews There being no further business, Chair Leavitt adjourned the meeting at 6:35 p.m. _________________________________ Bob Leavitt, Chair _________________________________ Karin Swanlund, Recording Secretary MemoTo:EstesValleyPlanningCommissionFrom:LindaHardin,PlannerIDate:Junel8,2019RE:TOWNOFESTESPARKCOMMUNITYDEVELOPMENTAmendmenttotheEstesValleyDevelopmentCode,§5.1.B.1.a(6)toreviewandmakearecommendationtotheGoverningbodiesregardingthemaximumtotal(“cap”)numberofvacationhomesinresidentialzoningdistricts,andtoadjusttheannualreportingcycleforsame.PlanningCommissionObjective:ReviewandprovidearecommendationforaproposedtextamendmenttotheEstesValleyDevelopmentCode(EVDC):•Toreviewthecurrentconditionswithregardtothevacationhomecap;•Toadjustthedateforrequiredreviewofthecap;•TomakearecommendationtotheEstesParkTownBoardofTrusteesandtheLarimerCountyBoardofCommissionersPresentSituation:Currentlythereisacapof588vacationhomeregistrationsforresidentiallyzonedpropertiesintheEstesValleyPlanningArea.ThecapwasreachedinMay2018,andasofMay14,2019,thereare30applicationsonawaitlist.Wehavehadatotalof62applicationsonthewaitlistoverthepastyear,and51havesecuredtheirregistration.Thereweretwothatdidnotsecurearegistration.Theaveragewaittimeonthelistis148.4days,orjustunderfive(5)months.786VacationhomesareregisteredinallzoningdistrictsintheEstesValley.Theratioofresidentialdistrictvacationhomesvs.non-residentialvacationhomesiscurrentlyat79%,Thisistakingintoconsiderationthecapof588plusthe30applicationsinresidentialzoningdistrictsthatremainonthewaitlist.Thereare272vacationhomesinresidentialzoningdistrictsinunincorporatedLarimerCounty,leavingtheremaining316insideTownboundaries.Thewaitlistissplitinhalfwith15intheCountyand15inTown.ThecurrentcoderequiresthatthecapbereviewedannuallyinornearthemonthofApril.Wehavefoundthatit’sdifficulttoprovideaccurateinformationfromtherenewalperiodthatendsonMarch31tothePlanningCommissionandthegoverningBoardsallinApril.BychangingthatdeadlinedatetoJune30everyyear,timeisallowedforaccuratereportingofthecapstatus,andsufficienttimetohearandconsiderthereviewbythePlanningCommissionandthegoverningBodies. Proposal:Todetermineifanadjustmenttothecurrentcapiswarranted,andtoadjusttherequireddatetoreviewthecapannuallytoJune30ofeveryyear.Advantages:•AnincreaseinthecapwouldincreaserevenuestotheTownthroughsalestaxandLMDtax;•Anincreasewouldalsoallowadditionalvacationhomestoberegisteredandcompliantwithlocalvacationhomeregulations;•Adecreaseinthecapcouldinprinciplehelptoalleviatesomeneighbors’concerns,butwouldhavedoubtfullegalvalidity;•Adecreaseinthecapwouldallowmorepropertiestobeavailableforlong-termrentalorpurchasebymembersoftheworkforce;•Adjustingthecapreviewdatesimplycreatesamoreaccuratecomplianceschedulewiththecoderequirement.Disadvantages:•Acapincreasewouldincreasethenumberofvacationhomesintheresidentialzoningdistrictswhichcanbeviewedasdetrimentaltoourneighborhoodcharacter;•Anincreasewouldrequireadditionalstafftimeforregisteringandenforcingcompliancewiththeadditionalvacationhomes;•Adecreaseinthecapcouldresultinalegalchallengedueto“takings”caselaw;•Anincreaseinthecapwouldreducethenumberofpropertiesavailableforlong-termrentalorpurchasebymembersoftheworkforce;•Anincreaseinthecapwouldmakemorepropertiesavailableforinvestorstopurchaseforvacationrentaluse.Thisdrivesupthepricesofallhomesinthevalleymakingitmoredifficultformembersoftheworkforcetopurchaseahome.Notethattheadvantagesanddisadvantagesintheoppositedirectionswouldbepresentifadecreaseinthecapweretotakeplace.ActionRecommended:ItisrecommendedbystaffthatthePlanningCommissionmakearecommendationtotheGoverningbodiestoleavethecapatthecurrentnumberof588.Thewaitlisthascontinuallyhoveredaround35,andwithmovementtoregistrationcapabilityinfive(5)months,thewaittimeisnotsoexcessivetowarrantopeningupmoreregistrationsinresidentialzoningdistricts.StaffalsorecommendschangingthereviewdateintheEVDCtoJune30ofeachyear,thusallowingtimetocollectdatanecessaryforaninformeddecision.ForthisreasonstaffrecommendsthatExhibitAbedenied.Thishastheeffectofleavingcurrentcodeunchangedwithacapat588.StaffrecommendsthatExhibitBbeapproved,changingthereviewdatetoJune30. FinancelResourceImpact:None.LevelofPublicInterestVacationhomesingeneralhavebeenanissueofhighpublicinterest.However,nopubliccommentshavebeenreceivedregardingthecapordeadlinedateforreviewofthecap.SampleMotion:ImovethatthePlanningCommissionrecommendtotheEstesParkBoardofTrusteesandLarimerCountyBoardofCommissionersanincreaseofthecapto_____,aligningwiththeformulausedtocreatethecap,andtochangethecapreviewdatetoJune30,findingthat...(statefindingsoffact).ImovethatthePlanningCommissionrecommendtotheEstesParkBoardofTrusteesandLarimerCountyBoardofCommissionersthatthecapbedecreasedto_____,andtochangethecapreviewdatetoJune30,findingthat...(statefindingsoffact).ImovethatthePlanningCommissionrecommendtotheEstesParkBoardofTrusteesandLarimerCountyBoardofCommissionersdenialofanychangetothecapperExhibitA,leavingthecapof588inresidentialregistrationsunchanged,andapprovalofExhibitB,changingtheannualreviewdeadlinedatetoJune30.Attachments:ExhibitA—CodeAmendmentExhibitB—CodeAmendment EXHIBITA[Red}[CHAPTER5—USEREGULATIONS,§5.1.B.1.a.(6)]EstesValleyPlanningCommission:June18,2019B.VacationHome.1.Allvacationhomesshallbesubjecttothefollowing:a.AnnualOperatingRegistration.(6)EffectiveDecember16,2016.vacationhomeoperatingregistrationsinresidentialzoningdistricts(designatedhereinaszoningdistrictsE,E-1,R.R1,R-2,RE,RE-I,andRM)shallbeheldatamaximumtotal(“cap”)of588________registrationsineffectatanygiventime.ThiscapshallbereviewedannuallybythePlanningCommissionandgoverningBoards,inornearthemonthofAprilbeginninginornearApril2017.ApplicationsreceivedatanytimesuchthattheirapprovalwouldcausethecaptobeexceededshallbeheldandkeptonfileintheordertheyarereceivedanddeemedcompletebytheTownClerk’sOffice.Registrationsheldonsuchlistshallbeissuedduringthecalendaryearasoperatingregistrationsmaybecomeavailable. EXHIBITB[Blue][CHAPTER5—USEREGULATIONS,§5.1.b.1.A.(6)]EstesValleyPlanningCommission:June18.2019B.VacationHome.1.Allvacationhomesshallbesubjecttothefollowing:a.AnnualOperatingRegistration.(6)EffectiveDecember16,2016,vacationhomeoperatingregistrationsinresidentialzoningdistricts(designatedhereinaszoningdistrictsE,E-1,R,R1,R-2,RETRE-i,andRM)shallbeheldatamaximumtotal(“cap”)of588registrationsineffectatanygiventime.ThiscapshallbereviewedannuallybythePlanningCommissionandgoverningBoards,4*-I.-‘soApplicationsreceivedatanytimesuchthattheirapprovalwouldcausethecaptobeexceededshallbeheldandkeptonfileintheordertheyarereceivedanddeemedcompletebytheTownClerk’sOffice.Registrationsheldonsuchlistshallbeissuedduringthecalendaryearasoperatingregistrationsmaybecomeavailable. Staff Report COMMUNITY DEVELOPMENT To: Estes Valley Planning Commission From: Claire Kreycik, Planning Technician Date: June 18, 2019 RE: Proposed Text Amendment to the Estes Valley Development Code: §7.12, Adequate Public Facilities and Appendix D. Street Design and Construction Standards to Restrict Gated Community Access Planning Commission Objective: Review and Recommendation on the proposed text amendments to the Estes Valley Development Code (EVDC) Chapter 7, Adequate Public Facilities, and Appendix D. Street Design and Construction Standards to ensure that residential developments do not install security gates and other barriers to safe vehicular access. Code Amendment Objective: As it stands, the EVDC has a policy priority of ensuring that all development within Estes Valley has “safe and adequate access” to paved roads, both for transportation connectivity as well as for emergency services access (See 7.12.H). This Code Amendment would expand and clarify this policy objective, and specifically prevent the development of “gated communities” within Estes Valley to mitigate public safety and security risks. The Code Amendment would prohibit the use of gate-controlled access to residential single- family subdivisions, apartment complexes, or condominium developments. The Amendment would forbid the installation of any security barrier that blocks public right-of -way or public access easements. Additionally, the Amendment would restrict private entrances to multi-family apartment complexes or similar concentrations of dwellings along private driveways. Commercial and industrial facilities would continue to have gated private driveway capability in Code. Individual single-family dwellings could continue to have gates across driveways as long as the gate-controlled access serves only one house. The Amendment would also provide for certain legitimate exceptions, such as public -safety-authorized gates on public streets, such as for inclement weather, for temporary street closures for special events, or for maintenance work. The proposed Code Amendment has support from Estes Park Police Department, Estes Park Health (EMS), Estes Valley Fire Protection District, and County Engineering. The primary goals are: • To make the community more visible to law enforcement and patrol, • To facilitate response to natural disasters, like fire or flood, and MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 2 OF 8 • To shorten emergency response times, ensuring safety especially for individuals who may need immediate attention while in a vulnerable state, such as children and the elderly. It is advantageous to address security barriers in the EVDC instead of approving or denying them on a case-by-case basis because of the severity of the consequences in the case of an emergency. Including the regulations in EVDC also provides for ability to flag proposals at the stage of the development plan, subdivision, or building permit. Current Situation: There are no known single-family residential subdivisions with gated access within town limits; however, four exist within the Estes Valley Planning Area and one more has been proposed. Cliff Road and Terrance Lane off of Highway 66 have a gate on both access points that allows multiple locks. Additionally, Clara Drive near the Gem Lake Trailhead has a gate on the single driveway and they too have multiple locks on the chains. Off of Dry Gulch Road, the Eagle Rock School, which is partially residential, has an unmanned gate to restrict free access to their private facility and Lory Lane has an unmanned gate that allows admittance through a livestock fence which surrounds the neighborhood. The Hillcrest Estates subdivision has indicated at a pre-application meeting that they would be interested in installing gated access, but to date have not pursued an amended plat or building permit as such. The amendment is a preventative measure, so that there are adequate regulations in place to ensure safe emergency access by preventing gated communities in the Estes Valley. Current gated accessways would be able to continue as legally non -conforming or “grandfathered” facilities, but as with other non -conformities, removal or major repairs or replacement would not allow them to remain in place. As noted, there are no restrictions on gates restricting access to private driveways accessing single family dwellings in the development code or the municipal code . Gates on private driveways are controlled by neighborhood covenants. Furthermore, EPMC §8.04.091 allows secure entryways for commercial and industrial structures, multi-family residential structures with restricted access corridors, structures owned by St ate political subdivisions, or hospitals and health care facilities, provided that key lock box systems are installed. The Fire Chief is authorized to implement rules regarding key lock box systems for these doors. The Larimer County Land Use Code dictate s that gated public roads are prohibited and gated private roads are prohibited unless appealed to and approved by the Board of County Commissioners, after meeting a series of criteria lined out in §8.14.1. These criteria include: 1. The subject road is a private road and all owners of property having a legally established right to access via the private road have approved gating the road; 2. The standards for private roads in Subsection 8.14.2.M are met; 3. The appeal request has been referred to the applicable fire protection entity and the sheriff's department, emergency services for their review and comment, and such comments have been duly considered; and 4. The design provides for adequate vehicle stacking distance and turn around . MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 3 OF 8 The County has advised that very few gated accesses meet the criteria and are approved. Proposed Text Amendments: The Code Amendment would: • Amend text in Section 7.12, Adequate Public Facilities, to include a prohibition of gated communities within subsection C, General Requirements. • Revise and expand Appendix D. Street Design and Construction Standards. Exhibit A [Red] is attached, detailing the specific amendments. Staff recommends the Estes Valley Planning Commission recommend approval of the language in the Code Amendment Exhibit A (Red) to the Town Board of Trustees and the Board of County Commissioners. Background, Discussion: There has been a trend over the last thirty years especially in the southern and western United States for communities in residential areas to create fences and gates to restrict access to outsiders (Drew and McGuigan 2013). So called “gated communities” are those which have established security-personnel stations or unmanned barriers to restrict free vehicular access to a neighborhood or apartment complex. These new communities have cropped up mostly due to homebuyers’ worries about security and crime. Other reasons that people buy into gated communities include elevated status, lifest yle, and desire to protect their property value (Taylor and Francis 2013). There is some research suggesting that gated communities reduce crimes of opportunity (Addington et al, 2013). Residential burglary rates are lower in gated communities, even controlling for factors such as tenure, income, and location (Ibid). However, even though choosing a gated community may reduce the already statistically low probability of a home burglary, there are other wide -ranging effects of gated communities. Whereas proponents of residential gated communities believe they provide a safer environment, gated communities are less visible to public law-enforcement and patrol. Therefore, residents might have a greater risk of grievous harm from violent assault, bullying, or intimate partner violence because the victim may not be able to escape as easily (Taylor and Francis 2013). Crucially gated communities may provide wider public safety concerns because gates may limit access for emergency personnel such as fire fighters, a mbulances, and police. With gated communities, emergency vehicles may be impeded or blocked, slowing response time for EMT or ambulances, which affects our most vulnerable citizens. Importantly, firefighting trucks are affected because even though fire trucks could ram through gates to gain access to a road, someone will be responsible for paying to fix the gate and the truck. Staff Findings: The text amendments comply with EVDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 4 OF 8 “All rezoning and text amendments to the EVDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: Changes in conditions in the community may mean that there could be more proposals for privatization of streets and gated communities within Estes Valley. Several have been discussed with staff recently. Th e amendment is necessary as a preventative measure . 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley:” Staff Finding: There is no development plan associated with this, or any Code Amendment per se. In staff’s judgement, the proposed Code Amendment does not conflict with the policies and intent of the Comprehensive Plan. 3. “The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” Staff Finding: Town, County or other relevant service providers would not be significantly impacted regarding their respective services and facilities, if this Code Amendment is approve d. Public safety officials in the Town and County have expressed support for this concept, including Estes Park Police Department, Estes Park Health (EMS), Estes Valley Fire Protection District, and County Engineering. Advantages: • Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. • This Code Amendment supports policy priorities of providing safe and adequate access to paved roads (§7.12.H). Disadvantages: • None identified to date. Action Recommended: Review the amendment for compliance with Estes Valley Development Code (EVDC) §3.3.D Code Amendments, Standards for Review and forward a recommendation to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners for a final decision to approve. Level of Public Interest Low. Any written comments for this proposal received by staff will be posted to: www.estes.org/currentapplications. Sample Motion: APPROVAL I move to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners APPROVE the text amendment to the Estes Valley Development Code MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 5 OF 8 as presented in text amendment Exhibit Red as recommended by staff, with findings as recommended by staff. CONTINUANCE I move to CONTINUE this agenda item to the next regularly scheduled Planning Commission meeting because…. (state reason(s) for continuance). DENIAL I move to recommend that the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners DENY the text amendment to the Estes Valley Development Code as presented in text amendment Exhibit Red, finding that . . . (state reasons for denial). Attachments: Attachment, “Exhibit A (Red)”: EVDC, Chapter 7, Adequate Public Facilities EVDC, Appendix D. Street Design and Construction Standards Citations: Addington, LA, and CM Rennison. (2013). “Keeping the Barbarians Outside the Gate? Comparing Burglary Victimization in Gated and Non -Gated Communities.” Justice Quarterly, 2013; 1 DOI: 10.1080/07418825.2012.760644 City of Estes Park, Colorado. “Municipal Code.” Accessed 4 June 2019 at: https://library.municode.com/co/estes_park/codes/municipal_code City of Laramie, Wyoming. “Unified Development Code.” Accessed 6 May 2019 at: https://www.cityoflaramie.org/444/Unified-Development-Code Drew EJ, and JM McGuigan. (14 Aug 2013). “Prevention of Crime: An Overview of Gated Communities and Neighborhood Watch.” International Foundation for Protection Officers. Accessed at: https://www.ifpo.org/resource-links/articles-and-reports/crime- prevention-physical-security-training-and-risk-management/prevention-of-crime-an- overview-of -gated-communities-and-neighborhood-watch/ Larimer County, Colorado. “Land Use Code.” Accessed 4 June 2019 at: https://library.municode.com/co/larimer_county/codes/code_of_ordinances?nodeId=PTII LAUSCO Taylor & Francis. “Risk of crime in gated communities.” ScienceDaily. ScienceDaily, 20 March 2013. www.sciencedaily.com/releases/2013/03/130320115113.htm MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 6 OF 8 EXHIBIT A [Red] Estes Valley Planning Commission: June 18, 2019 [Chapter 7 General Development Standards - §7.12.C, Adequate Public Facilities] C. General Requirements. 1. Approval Conditioned Upon Adequate Public Facilities. The approval of all development shall be conditioned upon the provision of adequate public facilities and services necessary to serve the new development. No building permit shall be issued unless such public facilities and services are in place or the com mitments described in this Section have been made. 2. Level of Service Standards. a. This Section establishes level of service standards for the following public facilities: sewage disposal, water, drainage, transportation, fire protection and electric ity. (Ord. 8-05 #1) b. No development plan or building permit shall be approved or issued in a manner that will result in a reduction in the levels of service below the adopted level of service standard for the affected facility. 3. Vehicular Access to Public Streets and Private Driveways. a. No public right-of -way or public access easement shall be gated, have security -personnel stations or facilities, or have similar barriers installed, so as to restrict free vehicular access thereupon. This provision shall not apply to: (a) gates or barriers, temporary or permanent, installed under authority of public safety agencies; (b) temporary street closures under special event permits; (c) License Agreements granted by Town Board or Public W orks Department; or (d) temporary closures required to perform, infrastructure work or similar public -property maintenance duties. b. Gate-restricted access and similar physical access-control barriers and facilities shall be permitted across private driveways associated with non-residential developments; provided that: (a) no gates or other access-restriction measures shall be installed across public right -of-way or access easements. c. Gates capable of closure and similar barriers shall be specifically p rohibited from installation or operation on the primary entrance of a private driveways accessing multi -family dwelling sites. Multi-family dwelling sites could include private driveways accessing multiple single -family dwellings or driveways accessing apa rtment complexes. These driveways shall be maintained with unobstructed vehicular access between the dwelling entrance(s) and the public street access. However, additional accessways to a such developments may be created with emergency-access-only gates or barriers, provided the design, installation and operation shall be approved by appropriate public-safety review entities, including the Town Fire Marshall, for that purpose. MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 7 OF 8 [Appendix D. Street Design and Construction Standards] II. STREETS D. Private Streets. Where private streets are used, they shall meet all design and construction standards of this Section, including right-of -way widths and surfaced widths. The entire street width shall be deed restricted for street purposes. When private s treets are used, the subdivider shall submit written documentation, acceptable to the Town, that the streets will be properly maintained. The recorded plat of any subdivision that includes a private street shall clearly state that each street is a private street. Private streets shall not be allowed where a public street connection to adjacent property may be required for existing or future access and traffic flow purposes. Private streets shall have a primary entrance that is not restricted to vehicular traffic. Refer to Section 7.12.C. [ … ] J. Street Dedication. 1. All streets that dead-end at the subdivider's property line, but will not connect with a street dedicated to public use, shall be dedicated to public use to the property line. 2. All subdivisions shall provide for street construction and right -of -way connections to adjoining properties, and shall not use gate-controlled access to restrict to vehicular traffic. Refer to Section 7.12.C. 3. All right-of -way dedications to Larimer County for the purpose of streets shall be in accordance with the Larimer County Transportation Plan Functional Road Classification System. III. GENERAL SITE ACCESS: A. Access to Public Streets. All new lots, however created, shall have access to a dedicated public road. If the approved plat provides for indirect access (i.e., over intervening private drives), access easements and driveway/drainage maintenance agreements, benefiting all lots with indirect access, shall be provided and recorded at the same time the plat is recorded. Refer to Section 7.12.H. B. Driveway Access—General Standards. 1. Safe Access Required. Safe, convenient and adequate access to individual buildings by driveways shall be provided. Driveway access to collector and arterial streets shall be discouraged. No driveway shall be so located as to create a hazard to pedestrians or motorists, invite or compel illegal or unsafe traffic movements or block or alter access to adjoining properties or uses. To the maximum extent feasible, new driveways shall align directly across from existing driveways. 2. Backing Prohibited. All multi-family and nonresidential off -street parking spaces shall be accessible without backing into or otherwise reentering a public right -of- way, unless it is physically impossible to provide for such access. See Chapter 10, Subdivision Standards, for flagpole lot requirements. MAY 21, 2019 EVPC CODE AMENDMENT, CHAPTER 7 ADEQUATE PUBLIC FACILITIES PAGE 8 OF 8 3. Access to Streets Required. Driveways to a nonresidential building site shall have access to an approved public or private street or private right -of-way. Gates across single-access private driveways shall be allowed, but no gate shall block a public right-of -way. Refer to Section 7.12.C.3.b. 4. Grade Requirements. [ …] 5. Limits on Number of Driveway Curb Cuts. [ …] 6. Shared Driveways. (Ord. 8-05 #1) Private residential driveways shared by two or more dwelling units shall be maintained with unobstructed vehicular access between the dwelling entrance(s) and the public street access. Refer to Section 7.12.C.3.c. a. Shared driveways are strongly encouraged. b. Shared driveways may be used on adjoining properties. c. Shared driveways require submittal of a maintenance agreement for recordation. d. Single-family. Driveways may be shared by up to four (4) single-family residential units. e. Multi-family Developments. A driveway may provide access for not more than one hundred twenty (120) vehicle trips per day. f. Nonresidential. Driveways may be shared by two (2) or more principal nonresidential uses. 7. Driveway Opening Requirements. (Ord. 8-05 #1) a. Nonresidential and Multi-family residential driveway openings shall not exceed thirty (30) feet in width at the street line. Refer to Section 7.11.K.2 for minimum driveway openings. (Ord. 8-05 #1) b. Single-family residential and duplex driveway openings shall not exceed a cumulative width of thirty (30) feet at the street. c. The primary entrance for driveway openings shall not have gated access or other security barriers installed. Refer to section 7.12.C. COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Brittany Hathaway, Planner II Date: June 18, 2019 RE: Preliminary Plat – Wildfire Homes Subdivision Planning Commission Objectives: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide recommendation to the Town Board of Trustees for approval/denial of the preliminary plat application. Location: Subject property is located north of US 34, south of Grey Hawk Court, west of Dry Gulch Road, along Wildfire Road. The subject area is 16.082 acres in size and is located within a portion of the northwest quarter of Section 20, Township 5 North, Range 72, West of the 6th P.M. Owner/Applicant: Owners: Westover Construction, Inc., RDA Associates LLC, Crossroads Ministry of Estes Park, Inc. Applicant Representative: Lonnie Sheldon, Van Horn Engineering Project Description: Present Situation: Currently, the subject 16.082 acres consists of 4 separate parcels. Existing improvements (Westover Construction) on parcel addressed 1753 Wildfire will remain and will be placed on Lot 17 to serve Crossroads Ministry. The existing structure addressed 1851 Wildfire Road and the Crossroads Ministry building addressed 851 Dry Gulch Road will be demolished to make room for proposed development. The remaining acreage is currently vacant. Proposal: This proposal entails a preliminary plat to subdivide 4 parcels into 2 blocks with 43 total lots. 14 lots will be for detached single-family homes, 26 lots will be for townhomes, 2 lots will be for condominium projects, and 1 lot will be dedicated for an office use benefiting Crossroads Ministry. Also included are 10 outlots dedicated for open space, utilities, access, and drainage. The 14 detached single-family lots will range in size from .210 acres for those zoned R- Residential to .432 acres for those lots zoned E-Estate. Reduction in minimum lot sizes Planning Commission – June 18, 2019 Wildfire Homes Subdivision Page 2 of 5 for single-family subdivisions is permitted within EVDC §4.3.D (Table 4-3) with the provision of at least 15% dedicated private open space. The proposal meets this requirement. Additionally, 26 individual townhome lots are proposed. The townhome lots are located in the center of the subdivision to allow for buffering by the single family lots on the perimeter. Lots for townhomes are shown on page 4 of the plat and titled “Divide Townhomes”. The application proposes townhome lots ranging in size from .056 acres to .07 acres (2,439.36 - 3,049.2 square feet). Pursuant to EVDC §10.5.H.7, individual townhome units may be constructed on a smaller lot, subject to approval by the Decision Making Body. As the minimum lot size for the RM zoning district is 5,400 square feet, the Town Board may approve smaller lot sizes as proposed. The proposed townhome lots and building envelopes adhere to all dimensional and density standards as required by Code. Lot 17 is proposed to utilize the existing Westover Construction office building to benefit Crossroads Ministry. The current improvements and proposed lot dimensions meet lot standards imposed by the O-Office zoning district. The 2 remaining lots, Lot 1 and Lot 16 are proposed to house multi-family condominium developments. Lot 1 is proposed to contain a 72-unit workforce condominium development and Lot 16 is proposed to contain a 16-unit workforce condominium development. These development plans have been provided for review and may be found on the Town website under “Current Applications”. Site Data Table: Engineer: Van Horn Engineering Parcel Numbers: 2520000016, 2520000015, 2520000007, 2520000910 Development Area: 16.082 acres Existing Land Use: Vacant land, residential and office. Proposed Land Use: Residential single family, residential multi-family and office. Zoning Designation: (Proposed) O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential Adjacent Zoning: North: R-1 Residential, CH-Commercial Heavy, RM Multi-Family Residential South: E-Estate East: CH – Commercial Heavy West: E-1- Estate Adjacent Land Uses: North: Single-family homes (The Neighborhood), Housing Authority South: Single-family homes (Lone Pine Acres) Planning Commission – June 18, 2019 Wildfire Homes Subdivision Page 3 of 5 condominiums (Vista Ridge), self- storage facility, contractor offices. East: Housing Authority condominiums (Vista Ridge), self-storage facility, contractor offices. West: Single-family homes (The Reserve) Review Criteria: Depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. 1. Buildings and Lots. Existing improvements will conform to applicable density and dimensional standards of newly created lots. Proposed lots and outlots conform to zoning standards and applicable subdivision standards set forth in the EVDC. The proposed townhome lot sizes must be approved by the Decision Making Body pursuant to EVDC §10.5. 2. Water. Water is available to serve the development and all Town and District requirements have been met. Participation in the Northern Colorado Water Conservancy District and the Municipal Subdistrict is required. The District has approved the applicant’s petition for inclusion on May 9, 2019. 3. Fire Protection. Emergency access routes have been provided with this preliminary plat to meet Fire District standards. The Estes Valley Fire District has no objections. 4. Electric. All new electric will be installed underground per EVDC §10.5 and appropriate utility easements are proposed. The Estes Park Power and Communications Division has no objections to this proposal. 5. Sanitary Sewer. Sanitary sewer is to be provided by the Upper Thompson Sanitation District. All district requirements have been met with this proposal. 6. Stormwater Drainage. Drainage facilities and related easements are proposed with this subdivision. Public Works has no objection. 7. Access. Adequate and safe access is provided with this proposal. Public works has no objection to the road infrastructure as presented. A waiver request has been granted by Public Works to allow up to 5 single-family units to access via a shared driveway. 8. Emergency Access. The proposal includes 2 emergency access easements dedicated to the public. Both easements connect to the proposed Lot 1 to provide Planning Commission – June 18, 2019 Wildfire Homes Subdivision Page 4 of 5 access to/from North Ridge Lane. The Fire District has approved the proposed emergency access easements as presented. 9. Sidewalk/Trail. An 8’ multi-modal trail is proposed with this subdivision to link with the existing trail along the west side of Dry Gulch Road. 10. Parking. Parking requirements set forth in EVDC §7.11 have been met with this application. 11. Comprehensive Plan. This project conforms to goals and policies within the Comprehensive Plan. Specifically as follows: • 5.1 – Encourage a variety of housing types and pricing. • 5.2 – Encourage housing for permanent residents of all sectors of the community that is integrated and dispersed throughout existing neighborhoods. • 5.5 – Provide for mixed-use developments which integrate commercial, housing, employment, and service needs. • 5.7 – Identify affordable housing opportunities on an ongoing basis. • 5.9 – Support the creation of public and private funding sources for affordable housing. • 5.10 – Establish a linkage between new development and the provision of affordable housing. • 8.4 The Town and County will encourage redevelopment and infill as a primary tool to create a compact community and to prevent sprawl. Public Notice: Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the application is posted on the Town’s “Current Applications” webpage. The applicant has also posted a “Development Proposal under Review” sign on the property. Public Interest: Medium: As of June 6, 2019, one written public comment has been received expressing no objection to this application. Despite only receiving one written comment, the overall project is of high interest for the Town of Estes Park. All written comments are posted to www.estes.org/currentapplications. Staff Findings: Based on the foregoing, staff finds: 1. The Wildfire Homes Preliminary Subdivision Plat complies with applicable standards set forth in the EVDC. Planning Commission – June 18, 2019 Wildfire Homes Subdivision Page 5 of 5 2. The Wildfire Homes Preliminary Subdivision Plat complies with the applicable goals and policies set forth in the Comprehensive Plan. 3. The Planning Commission is the Recommending Body for the Preliminary Subdivision Plat. 4. Adequate public facilities are available to serve the proposed projects. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Recommendation: Staff recommends APPROVAL of the proposed Preliminary Subdivision Plat. Sample Motion: 1. I move to recommend that the Town Board of Trustees approve the “Wildfire Homes Preliminary Subdivision Plat” as presented according to findings of fact, including findings recommended by Staff. 2. I move to continue the “Wildfire Homes Preliminary Subdivision Plat” to a date certain, in order to...[state reasons for continuance]. 3. I move to recommend that the Town Board of Trustees deny the “Wildfire Homes Preliminary Subdivision Plat” finding that...[state reasons for denial]. Attachments: 1. Vicinity Map 2. Statement of Intent 3. Preliminary Subdivision Plat 4. 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The four Properties that make up the Wildfire Annexation are surrounding by property within the Town limits and the right-of-way for Dry Gulch Road, but are not an enclave under State statute. 2. The Townhome Subdivision for the Divide Townhomes at Wildfire is now a part of the Wildfire Homes Subdivision. The Divide Townhomes are proposed to be constructed on 26 lots that are smaller than the minimum lot size pursuant to EVDC § 10.5.H.7.c. 3. The Wildfire Homes Subdivision is accompanied by an application for vacation of approximately the west 705 feet of the existing Wildfire Road right-of-way; the right-of- way vacation is proposed to occur prior to the dedication of right-of-way for a different alignment of Wildfire Road on the Wildfire Homes Subdivision plat. 4. The Development Plan for The Meadow Condominiums at Wildfire includes 72 multi-family units of workforce housing; the 72 units include the 42 units allowed as the Maximum Base Net Density in Table 4-2 of the EVDC plus 30 bonus units (or 71% of the Maximum Permitted Density Bonus for workforce housing pursuant to EVDC § 11.4.D). Because 100% of the 72 multi-family units will be restricted to workforce housing, the 9 buildings will be 38 feet tall pursuant to the maximum building height allowed for workforce housing in the RM Zone District in Table 4-2 of the EVDC. 5. The Development Plan for The Divide Condominiums at Wildfire includes 16 multi-family units of workforce housing; the 16 units equal two times (or 200%) the Maximum Base Net Density in Table 4-2 of the EVDC as allowed pursuant to the Maximum Permitted Density Bonus provisions of EVDC § 11.4.D. Because 100% of the 16 multi-family units will be restricted to workforce housing, the 2 buildings will be 38 feet tall pursuant to the maximum building height allowed for workforce housing in the RM Zone District in Table 4-2 of the EVDC. 6. The Development Plans for The Meadow Condominiums and The Divide Condominiums are both accompanied with applications for preliminary subdivision plats pursuant to EVDC § 10.5.H. 2 7. A restrictive covenant for the purpose of assuring the long-term availability of the workforce housing units in The Meadows Condominiums and The Divide Condominiums As required by EVDC § 10.4.E.4., will be reviewed by the Town Board with the preliminary subdivision plats for The Meadows Condominiums and The Divide Condominiums. 8. Parcel C is included within the boundaries of the Northern Colorado Water Conservancy District (“NCWCD”) and the Municipal Subdistrict. The owners of Parcels A, B and D consent to the inclusion of their Properties into the NCWCD and, as applicable, into the Municipal Subdistrict, and such owners have executed and submitted petitions for such inclusions. The NCWCD approved the petitions on May 9, 2019. 9. A preannexation agreement has been submitted and is under review by the Town Attorney. The Wildfire Preannexation Agreement will be on the Town Board’s agenda the same night as the public hearing on the Wildfire Homes Annexation. 10. The previously requested waiver 1) has been revised in response to comments from Public Works dated April 27, 2019, to increase the turn lane redirect taper length from 160 feet to 266 feet in length. WILDFIRE STATEMENT OF INTENT For Submittal on 4-18-19 BACKGROUND Westover Construction, Inc. (“Westover”), Wildfire Development, LLC (“Wildfire”), RDA Associates, LLC (“RDA”) and Crossroads Ministry of Estes Park, Inc. (“Crossroads”), (referred to collectively herein as the “Petitioners”) are the owners of the Properties described on the four exhibits attached hereto: Exhibit A (“Parcel A” or the “Westover Property”); Exhibit B (“Parcel B” or the “Wildfire Property”); Exhibit C (“Parcel C” or the “RDA Property”); and Exhibit D (“Parcel D” or the “Crossroads Property”). The Properties are located in the northwest quarter of Section 20, Township 5 North, Range 72 West of the 6th P.M., lying west of Dry Gulch Road, about ½ mile north of US 34 in the North End Planning Area of the Estes Valley. Although once on the very edge of the Town, the Properties are surrounded by residential uses of various types and densities within the Town limits. South of the Properties is an Estate (“E”) zoned neighborhood (1/2 acre minimum) called Lone Pine Acres which was annexed to Estes Park and developed in the 1960’s. To the southwest is the Ranch Meadows Condominiums in the RM Multi-Family Residential zone district (“RM”) of the Town, and to the west is the Reserve in the E-1 Estate (“E-1”) zone. North of the Properties is Vista Ridge, an approximately 6-acre Estes Park Housing Authority project of 59 affordable and market rate condominiums, and The Neighborhood, an approximately 10-acre subdivision that includes small single-family lots and the Salud Family Health Center on Dry Gulch Road. Just north of The Neighborhood are the Talons Pointe Apartments and the Falcon Ridge Apartments and Townhomes, both of which are also Estes Park Housing Authority affordable housing projects with a combined 89 units, and the Good Samaritan Society – Estes Park Village, a senior community with 46 paired homes, a 34-unit apartment complex and a 24-bed assisted living center. DEVELOPMENT APPLICATIONS Petitioners desire to annex the Properties to the Town, and then rezone and subdivide it for the development of a variety of single family homes, townhomes and condominiums to provide additional housing options in the Estes Valley in a manner that is compatible with the surrounding neighborhood. Specifically, the applications submitted are as follows: 1. Wildfire Homes Annexation of all four of the Properties, a total of 16.802 acres. 2 2. Wildfire Homes Rezone from the current zonings of: O Office (“O”), E Estate (“E”), RE Rural Estate (“RE”) and CH Heavy Commercial (“CH”), to a combination of: O Office (“O”), E Estate (“E”), R Single Family Residential (“R”), and RM Multi-Family Residential (“RM”). 3. Wildfire Homes Subdivision is proposed to include 14 single family lots (six ½- acre lots in the E zone, eight ¼-acre lots in the R zone), a townhome project (The Divide Townhomes at Wildfire which is noted as Block 2 of this subdivision), two lots for workforce housing condominium projects (The Meadow Condominiums at Wildfire and the Divide Condominiums at Wildfire), 6 outlots for drainage and other purposes, and one lot in the O zone for the relocation of Crossroads Ministry of Estes Park, Inc. The existing commercial construction operation now located on Parcel B will be relocated to a location outside of the Properties. 4. Development Plan for The Meadow Condominiums at Wildfire (9 buildings, 8 units/building) on Lot 1 of the Wildfire Homes Subdivision meeting the current EVDC definition of Workforce Housing Units. 5. Development Plan for The Divide Condominiums at Wildfire (2 buildings, 8 units/building) on Lot 16 of the Wildfire Homes Subdivision meeting the current EVDC definition of Workforce Housing Units.. 6. Townhome Subdivision for The Divide Townhomes at Wildfire a subdivision of Block 2 of the Wildfire Homes Subdivision into 26 townhome lots meeting the current EVDC definition of Workforce Housing Units Petitioners believe that the housing they intend to provide is compatible with the surrounding residential neighborhoods and needed to help provide additional housing options for the residents of the Estes Valley. PROJECT DESCRIPTION: The units shall be eligible for the Maximum Permitted Density Bonus (Sec. 11.4.D) if at least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map). The Wildfire project is a 128-Unit development of approximately 16 acres. The Wildfire Homes Subdivision will create six Outlots (A,B,C,D,E and F) to provide transitions between internal density and zoning changes. The total acreage of these Outlots is approximately 1.06 acres. Annexation of the Properties is also proposed. Currently, the limits of the Town of Estes Park surround the Properties and the perimeter of the Wildfire Homes Annexation as proposed is 4611 feet long. Right-of-Ways are proposed as necessary on both Wildfire Road and Dry Gulch Road for dedication of access to the proposed development. At 3 this time, there is no additional right of way width proposed on Wildfire Road, nor Dry Gulch Road (although it appears that the recently constructed sidewalk along the west side of Dry Gulch Road may be within the subject property limits). Additional right of way may be pursued on Dry Gulch Road with the design of the north bound left turn lane that has been determined to not be required (by LCUASS Standards), but is proposed to be constructed for safety. Utility Easements are also dedicated for the current utility needs as well as future needs associated with the buildout of this plan. At buildout, the housing units in this development will be sold individually and used as single family housing. HOA(s) are being formed and Covenants also formed for the proposed use and care of the common spaces and improvements. The right of way for Wildfire Road and the internal looping road will be dedicated to the Town for maintenance. ACCESS: Currently the southern 9 acre lot (Parcel C) is vacant and has no internal roads. Parcel C is adjacent to the Wildfire Road right of way for access as well as adjacent to the internal road in Lone Pine Subdivision (North Ridge Lane). No daily access to North Ridge Lane is proposed and only emergency access is proposed there. Emergency access is also proposed at the southeast corner of the internal loop road. All lots that are proposed have frontage on a public street or front on a private access easement (Lots 2, 3, 4 and 5). Outlot B on the west side of the loop road is also for access that would (in the future) possibly connect to properties to the west in the Reserve Subdivision. This area adjacent to the west side of the Wildfire Homes Development is in a Conservation Easement that does not allow roads; therefore, no physical road is proposed. The ground there is relatively flat and can be accessed in an absolute emergency. The Traffic Impact Study (attached with this submittal) has shown that there is not a requirement for the left turn lane at Dry Gulch Road and Wildfire Road. This development has planned for that and it is indicated as proposed for construction with this submittal. A preliminary design for that improvement is also included herein. It is a somewhat complicated improvement given the alignment of the current road, the large storm sewer catch basin in the southwest quadrant, and the steep (retaining wall) slope to the east with the floodplain of Dry Gulch Creek nearby. Additional right of way is not felt absolutely necessary, but would be helpful to decrease the cost of that possible improvement. A Traffic Memo has been submitted and the formal Traffic Impact Study is also now included. Fire truck access is adequate for the appropriate wheel base truck length and is shown specifically on the attached development sheets. The steepest new internal main road profile grade is less than an 11% slope which meets the EVDC. As mentioned above, emergency access loops are also proposed to mitigate the possible long cul-de-sac concern. Pedestrian access is provided with a looping sidewalk paralleling both sides of the internal looping road as well as a detached sidewalk generally following the south side of Wildfire Road leading to the large sidewalk on the west side of Dry Gulch Road. Bicycle traffic is expected to share the road system in this subdivision as no individual bicycle lanes are proposed. 4 OPEN SPACE: This project includes six Outlots and other areas of open space as shown on the attached designs. There are no outstanding or noticeable specific features on this site (like wetlands, or rock outcrops, or significant trees). UTILITIES: This property is currently adjacent to all the main utilities. The main lines will be tied into and extended for use by the proposed condominiums, Townhomes and single family lots. ELECTRIC: Contact has been made with the Town of Estes Park Light & Power Department as well as an Electric Engineer. The current plan is to come off of the existing three phase power along the west line with drops to transformers to serve the western portions of this subdivision. All proposed electric lines will be buried. The same plan is true for the southern line which is a secondary line. Transformers are shown on the electric utility plan to serve the units along the southern side of the development with all buried lines. There has been some preliminary discussion about burying the lines along the south side of the subdivision (with help from the southern adjoining lot owners in Lone Pine Subdivision). The poles and service lines along the south line are on or near the Lone Pine lots. Should a new buried power line be completed, agreements with southern lot owners would be needed to re-connect their service lines. A 20’ Utility and Drainage Easement is proposed along this south line within the W ildfire Homes Subdivision for this utility improvement if an agreement comes together. If an agreement cannot be made, then the plan as outlined above will move forward. WATER: A water main exists to the north of this development within the Neighborhood Subdivision and the new main lines through this development will connect to that water main (proposed here between Lots 15 and 16). This subdivision will include a looping water main running west to east to connect to the existing main in Wildfire Road east of the circle road. This connection will help to balance pressures in this area of Town. SEWER: Upper Thompson Sanitation District controls the sewer lines in this area of Estes Park and gravity flow main lines are proposed in easily accessible locations to serve the future units and connect to the existing sewer main line in Wildfire Road east of the circle road. PARKING: The EVDC parking quantities are proposed or exceeded with this development. Internal parking is provided on the ground floor of the 8-plexes (8 in each building), and additional outside parking is also proposed. Code required parking for the proposed multi-family and townhome units collectively is 239 spaces, while 251 spaces are being provided. The Crossroads land use currently has 22 spaces and operates acceptably. The proposed Crossroads site is planned to have 25 spaces. 5 STORMWATER: Given that this property is close to a river (Dry Gulch Creek), and there are established roadside ditches along Wildfire Road, the main drainage changes are higher on the lot in the area where stormwater features are not currently present. A Preliminary Drainage Report meeting the requirements of the Larimer County Stormwater Management Manual is included with this submittal. Also, two relatively large detention ponds (with outlet structures) are proposed to the north and south of the proposed looping road. These detention ponds provide open space for the development and also hold back the difference between historic runoff and the increased runoff from the increased hard surfacing associated with this proposal. The ponds are provided with relatively shallow side slopes in at least one direction for animal and public safety. The net result downstream is that no increase in flow (Cubic Feet per Second) is proposed to Dry Gulch Creek. Of course, disturbed areas will be seeded and mulched to promote grass growth and to minimize erosion and look aesthetically pleasing. SCHEDULE: One general phase is proposed for buildout. A consecutive approach is planned for construction. The current plan is to work from higher density (Townhomes) to the Condominium units, and then single family lots. The units are planned to be built simultaneously or consecutively without any delay following the over-lot grading, and installation of roads and utility main lines. CODE WAIVERS: All of the appropriate Utility District, EVDC and other standards for development (requirements) are met with this submittal except for the following three (3) items: 1) Redirect Taper length for north portion of the turn lane at Dry Gulch Road and Wildfire Road. As mentioned above, this turn lane is not required by the cited standard, but is proposed by the developers for safety of the future residence. The taper and striping lengths for this proposed improvement equal or exceed the similar left turn lane recently constructed just 500’ north of the proposed left turn lane. 2) Appendix D.lll.B.6 where shared single family driveways may be shared by up to four units. Lots 2-6 are proposed to share the driveway in the access easement proposed. Lot 6 could access from Divide Circle, however not as safe as accessing on the private driveway. 3) Multi-modal path detached and located on the south side of Wildfire Road. This concrete walk is proposed at 8’ wide. Federal Standards (AASHTO) suggests a 10’ width. Reasoning for this waiver is limited right of way (some of the sidewalk area is proposed in easements), site disturbance is limited with a smaller path (keeping the roadside ditches along Wildfire Road), the uncommon (non-existing) occurrence in Estes Park of a multi-modal path in a residential subdivision, and most importantly, this proposed 8’ path connects to the existing ‘downstream’ 6 path along the west side of Dry Gulch Road (recently constructed trail system connection to the Town). 7 Exhibit A to Statement of Intent Description of “Parcel A” or the “Westover Property” owned by Petitioner, Westover Construction, Inc. Current zoning: RE Rural Estate Zoning District Address: 1851 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-016 Legal Description: A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP WITH ALL BEARING RELATIVE TO THE WEST LINE OF SAID NW1/4, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 300.65 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 362.39 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.56 FEET ALONG THE WEST LINE OF SECTION 20 TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY DEDICATED TO PUBLIC USE AS DESCRIBED IN DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114. COUNTY OF LARIMER, STATE OF COLORADO 8 Exhibit B to Statement of Intent Description of “Parcel B” or the “Wildfire Property” owned by Petitioner, Wildfire Development, LLC Current zoning: CH Heavy Commercial Zoning District Address: 1753 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-015 Legal Description: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 20 AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP, WITH ALL BEARINGS RELATIVE TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET, THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 343.15 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 41 SECONDS EAST A DISTANCE OF 300.63 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 335.41 FEET; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.65 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION DEDICATED FOR PUBLIC USE IN THE DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114, ALSO KNOWN AS TRACT 2, HILLERY PARRACK EXEMPTION, COUNTY OF LARIMER, STATE OF COLORADO 9 Exhibit C to Statement of Intent Description of “Parcel C” or “RDA Property” owned by Petitioner, RDA Associates, LLC Current zoning: E Rural Estate Zoning District Address: vacant property Parcel Number: 25200-00-007 Legal Description: A PORTION OF THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 2 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 20, MONUMENTED BY A BRASS CAPPED PIPE WITH ALL BEARINGS RELATIVE TO THE SOUTH LINE OF SAID NW1/4 OF SECTION 20 CONSIDERED AS BEARING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST 1506.46 FEET TO A BRASS CAPPED PIPE; THENCE NORTH 18 DEGREES 25 MINUTES 33 SECONDS EAST 236.97 FEET TO THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE SOUTH 77 DEGREES 53 MINUTES 15 SECONDS WEST 163.92 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE ALONG A TANGENT CURVE TO THE RIGHT 225.13 FEET, SAID CURVE HAS A DELTA ANGLE OF 29 DEGREES 59 MINUTES 26 SECONDS A RADIUS OF 430.10 FEET, AND A CHORD BEARING NORTH 87 DEGREES 52 MINUTES 33 SECONDS WEST 222.57 FEET; THENCE NORTH 72 DEGREES 52 MINUTES 50 SECONDS WEST 250.00 FEET; THENCE ALONG A CURVE TO THE LEFT 288.62 FEET SAID CURVE HAS A DELTA ANGLE OF 16 DEGREES 59 MINUTES 13 SECONDS A RADIUS OF 973.48 FEET AND A CHORD BEARING NORTH 81 DEGREES 22 MINUTES 27 SECONDS WEST 287.56 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 03 SECONDS WEST 666.81 FEET TO THE WEST LINE OF THE NW1/4 OF SAID SECTION 20; THENCE LEAVING THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE SOUTH 01 DEGREES 35 MINUTES 08 SECONDS WEST 326.57 FEET ALONG THE WEST LINE OF THE NW1/4 OF SAID SECTION 20 TO THE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO 10 Exhibit D to Statement of Intent Description of “Parcel D” or “Crossroads Property” owned by Petitioner, Crossroads Ministry of Estes Park, Inc. Current zoning: O Office Zoning District Address: 851 Dry Gulch Road, Estes Park, CO 80517 Parcel Number: 25200-00-910 Legal Description: A PARCEL OF LAND IN THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT FROM WHENCE THE WEST QUARTER CORNER OF SECTION 20 BEARS NORTH 89 DEGREES 46 MINUTES WEST 1506.3 FEET, THENCE NORTH 18 DEGREES 26 MINUTES EAST 395.8 FEET, THENCE SOUTH 89 DEGREES 59 MINUTES EAST 161 FEET, THENCE SOUTH 1 DEGREE 46 MINUTES WEST 377 FEET, THENCE NORTH 89 DEGREES 46 MINUTES WEST 274.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED SEPTEMBER 29, 1983 IN BOOK 2239 AT PAGE 1089 AND SHOWN IN DEED RECORDED APRIL 22, 1986 AS RECEPTION NO. 86020283. COUNTY OF LARIMER, STATE OF COLORADO. &+&+50((((((55(5(50&+5(5((2(((((( RecordOwner(s)MailingAddressPhoneEmailContactInformationApplicantMailingAddressPhoneEmailConsultantlEngineerMailingAddressPhoneEmailMINERALRIGHTCERTIFICATIONArticle65.5ofTitle24oftheColoradoRevisedStatutesrequiresapplicantsforDevelopmentPlans!SpecialReviews,Rezoning,PreliminaryandFinalSubdivisionPlats,MinorSubdivisionPlatsifcreatinganewlot,andPreliminaryandFinalCondominiumMapstoprovidenoticeoftheapplicationandinitialpublichearingtoallmineralestateownerswherethesurfaceestateandthemineralestatehavebeensevered.Noticemustbegiven30dayspriortothefirsthearingonanapplicationfordevelopmentandmeetthestatutoryrequirements.IherebycertifythattheprovisionsofSection24-65.5-103CRShavebeqnmetNames:RecordOwnerPLEASEPRINT:ApplicantP____________________________________Signatures:_______________Date_3J’//’RecordOwnerDate.3,///‘tApplicant/—OWNER&APPLICANTCERTIFICATIONAsOwner,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandIamtherecordowneroftheproperty.frAsApplicant,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandinfilingtheapplicationIamactingwiththeknowledgeandconsentoftherecordowner(s)oftheproperty.IgrantpermissionforTownofEstesParkemployees,reviewingagencystaff,PlanningCommissioners,membersoftheTownBoardofTrustees,orLarimerCountyCommissionerswithproperidentificationaccesstomyppertyduringthereviewofthisapplication.IacknowledgeIhavereceivedtheEstesValleyDevelopmentReviewApplicationScheduleandamawarethatfailuretomeetthedeadlinesshownonsaidschedulemayresultinmyapplicationbeyingdelayedoranyapprovalofmyapplicationbecomingnullandvoid.Names:ApplicantPLEASEPRINT:1/LA—.tCI4L/4rRecordOwnerPLEASignatures:____________________________RecordOwner_____________Date1’________Date_______Applicant______________________________________________________Revised20110109KT COMMUNITY DEVELOPMENT Staff Report To: Estes Valley Planning Commission From: Brittany Hathaway – Planner II Date: June 18, 2019 RE: Rezoning of Wildfire Homes Addition Planning Commission Objectives: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide a recommendation to the Town Board of Trustees on a request to rezone property currently zoned CH-Commercial Heavy, O-Office, E-Estate and RE-Rural Estate to O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential Location: Subject property is located north of US 34, south of Grey Hawk Court, west of Dry Gulch Road, along Wildfire Road. The subject area is 16.082 acres in size and is located within a portion of the northwest quarter of Section 20, Township 5 North, Range 72, West of the 6th P.M. Owner/Applicant: Owners: Westover Construction, Inc., RDA Associates LLC, Crossroads Ministry of Estes Park, Inc. Applicant Representative: Lonnie Sheldon, Van Horn Engineering Project Description: Present Situation: The subject area consists of 4 parcels containing 16.082 acres which are proposed to be subdivided into 2 blocks with 43 total lots. 14 lots will be for detached single-family homes, 26 lots will be for townhomes, 2 lots will be for condominium projects, and 1 lot will be dedicated for an office use benefiting Crossroads Ministry. The proposed rezoning would allow for these uses. Currently, the subject area consists of vacant land, residential and office uses. Proposal: The proposal entails rezoning from CH-Commercial Heavy, O-Office, E- Estate and RE-Rural Estate to O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential. Please refer to Exhibit A included in Attachment #2. Planning Commission - June 18, 2019 Wildfire Homes Addition – Rezone Page 2 of 5 The applicant has requested that the proposed rezoning be contingent upon the approval of the Wildfire Homes development package including the Final Plat of Wildfire Homes Subdivision and Development Plans and Condominium Maps for The Meadows Condominiums and The Divide Condominiums. Surrounding Area: As depicted in Attachment #1-“Vicinity Map”, the immediate surrounding area consists of two Estes Park Housing Authority projects to the north, including Vista Ridge Condominiums and The Neighborhood Subdivision. To the east is Dry Gulch Road and to the west is vacant land under a conservation easement within The Reserve Subdivision. To the south are single family homes on parcels zoned E-Estate, part of the Lone Pine Subdivision. Site Data Table: Engineer: Lonnie Sheldon, Van Horn Engineering Parcel Number: 2520000016, 2520000015, 2520000007, 2520000910 Development Area: 16.082 acres Existing Land Use: Vacant land, residential, and office. Proposed Land Use: Residential single family, residential multi- family and office. Zoning Designation: CH-Commercial Heavy, O-Office, E- Estate, RE-Rural Estate Proposed Zoning Designation: O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential Adjacent Zoning: North: R-1 Residential, CH- Commercial Heavy, RM Multi- Family Residential South: E-Estate East: CH – Commercial Heavy West: E-1- Estate Adjacent Land Uses: North: Single-family homes (The Neighborhood), Housing Authority condominiums (Vista Ridge), self- storage facility, contractor offices. South: Single-family homes (Lone Pine Acres) East: Housing Authority condominiums (Vista Ridge), self- storage facility, contractor offices, ROW West: Single-family homes (The Reserve) Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District Planning Commission - June 18, 2019 Wildfire Homes Addition – Rezone Page 3 of 5 Review Criteria: All applications for Official Zoning Map Amendments shall be reviewed by the Estes Valley Planning Commission and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the Estes Valley Development Code. In accordance with Section 3.3.D. “Standards for Review”, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria as follows: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Finding: The surrounding area consists of several land uses, including multi- family condos, multi-family apartments, commercial, and estate development. What is referred to as the “North End Planning Area”, dating back 20 years to the time of adoption of the Estes Valley Development Code and subsequent zoning, has historically been a mixed use of commercial and residential uses. Despite the 2000 assigned zoning, several lots within Town limits have been rezoned and developed with higher densities to meet residential and service demands. Examples nearby and/or adjacent would be Good Samaritan (2001), Vista Ridge (2002), and The Neighborhood (2005). Included in this request, one large tract (2.35 acres) proposed to be rezoned RM is currently zoned CH. This CH property immediately abuts residential development and currently allows for heavy commercial uses that would have a significant impact on the surrounding neighborhoods that have been developed in the past 15 years. Current uses of the subject area includes vehicle maintenance and welding. The proposed RM zoning along these parcels will provide for compatible uses and eliminate future land use conflicts that the existing zoning allows. Perhaps the most significant zoning change proposed is for a portion of the existing E and O zoned area adjacent to Lone Pine Acres. The proposed RM zoning is reflective of Vista Ridge directly across the street. However, Lot 7 and a portion of Lot 6 in Lone Pine Acres will be immediately adjacent to the proposed RM zoning. The proceeding development plan will provide for extended setbacks and buffering to ensure impacts are sufficiently mitigated. 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with the existing growth and development patterns in the Estes Valley. Staff Finding: The development is consistent with the Comprehensive Plan, specifically the following policies: Chapter 6 – Community Wide Policies • 5.1 Encourage a variety of housing types and price ranges. Planning Commission - June 18, 2019 Wildfire Homes Addition – Rezone Page 4 of 5 • 5.2 – Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. • 5.3 – Establish a balanced program of incentives, and public and private actions, to provide affordable housing. • 5.7 – Identify affordable housing opportunities on an ongoing basis. • 5.9 – Support the creation of public and private funding sources for affordable housing. • 5.10 – Establish a linkage between new development and the provision of affordable housing. • 8.4 – The Town and County will encourage redevelopment and infill as a primary tool to create a compact community and to prevent sprawl. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Staff Finding: Staff finds that service providers have the ability to provide adequate services and facilities to this location. The applicant will be required to meet agency requirements at time of subdivision and development. Reviewing Agency Comments: This application has been submitted to reviewing agency staff for consideration and comment. All comments have been addressed. Public Notice: Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the application is posted on the Town’s “Current Applications” webpage. The applicant has also posted a “Development Proposal under Review” sign on the property. Level of Public Interest: Medium: As of June 3, 2019, one written public comment has been received expressing no objection to this application. Despite only receiving one written comment, the overall project is of high interest for the Town of Estes Park. All written comments are posted to www.estes.org/currentapplications. Staff Findings: Based on the foregoing, staff finds: 1. The rezone request complies with applicable standards set forth in the EVDC. 2. The rezone request complies with the applicable goals and policies set forth in the Comprehensive Plan. 3. The Planning Commission is the Recommending Body for the rezone request. Planning Commission - June 18, 2019 Wildfire Homes Addition – Rezone Page 5 of 5 4. Adequate public facilities are available to serve the proposed projects. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Recommendation: Staff recommends APPROVAL of the request to rezone the Wildfire Homes Addition to O-Office, E-Estate, R-Single Family Residential, and RM-Multi-Family Residential as shown on Exhibit A. Sample Motion: • I move to recommend that the Town Board of Trustees approve the rezone request as presented according to findings of fact, including findings recommended by Staff and the following condition: 1. Approval of this rezone is contingent upon approval of the Wildfire Homes development package including the Final Plat of Wildfire Homes Subdivision and Development Plans and Condominium Maps for The Meadows Condominiums and The Divide Condominiums. • I move to continue the rezone request to a date certain, in order to ... [state reasons for continuance]. • I move to recommend that the Town Board of Trustees deny the rezone request, finding that ….[state reasons for denial]. Attachments: 1. Vicinity Map 2. Exhibit A – Rezone Exhibit 3. Statement of Intent 4. Rezone Justification 5. Application 1631 1659 1739 1759 1821 1741 1740 1661 1720 1740 1730 851 1825 730 1761 1821 1820176017201660 631 651 721 731 741 1771 1765 176117411721 1660 1740 1776 1810 1820 1830 1840 1860 17201660 1719 611 17531851 1741 1747 1732 177916331655 1520 1508 1504 1500 610 1725 1760 561 1901 2000 863 1715 1629 1680 1681 1717 1817 1903 1913 1760 1770 1780 1790 1800 1755 1775 1795 1815 1835 1855 1875 18951735171516951675165516351615 1620 1640 1660 1680 1700 1720 1740 1820 1840 1860 1880 1900 1775 1773 1950 RAVEN AVE HIGH PINE DR RAVEN CIR RAVEN CT NORTH RIDGE LNGRAY HAWK CTWILDFIRE RD DRYGULCHRDPTARMIGAN LN GRAY HAWK CT LONEPINEDRRED TAIL HAWK DRRED TAIL HAWK DR RAVEN CIRRAVEN CI R C R A B A P P LE LNCRABAPPLELNSOA RI NG CIR SOARING CIR P T A R M I G A N TRL PTARMIGAN TRL OLYMPIANLNOLYMPIAN LN Š‹•†”ƒˆ–†‘…—‡–™ƒ•’”‡’ƒ”‡†ˆ‘”‹–‡”ƒŽ—•‡„›–Š‡ ‘™‘ˆ•–‡•ƒ”ǡǤŠ‡‘™ƒ‡•‘…Žƒ‹ƒ•–‘ –Š‡ƒ……—”ƒ…›‘”…‘’Ž‡–‡‡••‘ˆ–Š‡†ƒ–ƒ…‘–ƒ‹‡†Š‡”‡‘Ǥ —‡ –‘ •‡…—”‹–› …‘…‡”•ǡ Š‡ ‘™ ”‡“—‡•–• –Šƒ– ›‘— †‘‘–’‘•– –Š‹• †‘…—‡–‘–Š‡ ‹–‡”‡– ‘”‘–Š‡”™‹•‡ ƒ‡ ‹– ƒ˜ƒ‹Žƒ„Ž‡ –‘ ’‡”•‘• —‘™ –‘ ›‘—Ǥ ͲͳʹͷʹͷͲ ‡‡– ͳ‹αʹ͵ͳˆ–±Town of Estes Park ‘—‹–›‡˜‡Ž‘’‡– Wildfire Homes ”‹–‡†ǣͷȀʹͻȀʹͲͳͻ ”‡ƒ–‡†›ǣ”‹––ƒ› ƒ–Šƒ™ƒ› Subject Properties LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7BLOCK 7LONE PINE ACRES 1ST ADDITIONBLOCK 2THE NEIGHBORHOOD SUB.LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15AWILDFIRE RD.LOT 1WILDFIRE SUBDIVISIONLOT 2WILDFIRESUBDIVISIONVISTA RIDGECONDOSLOT 19BLOCK 5OUTLOT F(R)LOT 3(R)LOT 4(R)LOT 5(R)LOT 6(R)LOT 7(E)LOT 8(E)LOT 9(E)LOT 10(E)OUTLOT A(E)LOT 11(E)LOT 12(E)LOT 13(R)LOT 14(R)LOT 15(R)LOT 16(R)LOT 17(RM)LOT 18(0)LOT 1(RM)LOT 02(RM)OUTLOT B(R)OUTLOT D(RM)OUTLOT EOUTLOT C(R)RM (MULTI-FAMILY)R (RESIDENTIAL)E (ESTATE)0 (OFFICE)PROPOSED ZONINGLEGENDRECHCHCHRMEOEEEE-1E-1E-1R-1RE-1RE-1RMCHRER-1E-1EOEER-2RM(;+,%,7$ SUPPLEMENT TO WILDFIRE STATEMENT OF INTENT May 21, 2019 Applicants submit this Supplement to the Wildfire Statement of Intent for the purpose of clarifying information and explaining revisions to the pending development applications made as a result of the Staff and agency review: 1. The four Properties that make up the Wildfire Annexation are surrounding by property within the Town limits and the right-of-way for Dry Gulch Road, but are not an enclave under State statute. 2. The Townhome Subdivision for the Divide Townhomes at Wildfire is now a part of the Wildfire Homes Subdivision. The Divide Townhomes are proposed to be constructed on 26 lots that are smaller than the minimum lot size pursuant to EVDC § 10.5.H.7.c. 3. The Wildfire Homes Subdivision is accompanied by an application for vacation of approximately the west 705 feet of the existing Wildfire Road right-of-way; the right-of- way vacation is proposed to occur prior to the dedication of right-of-way for a different alignment of Wildfire Road on the Wildfire Homes Subdivision plat. 4. The Development Plan for The Meadow Condominiums at Wildfire includes 72 multi-family units of workforce housing; the 72 units include the 42 units allowed as the Maximum Base Net Density in Table 4-2 of the EVDC plus 30 bonus units (or 71% of the Maximum Permitted Density Bonus for workforce housing pursuant to EVDC § 11.4.D). Because 100% of the 72 multi-family units will be restricted to workforce housing, the 9 buildings will be 38 feet tall pursuant to the maximum building height allowed for workforce housing in the RM Zone District in Table 4-2 of the EVDC. 5. The Development Plan for The Divide Condominiums at Wildfire includes 16 multi-family units of workforce housing; the 16 units equal two times (or 200%) the Maximum Base Net Density in Table 4-2 of the EVDC as allowed pursuant to the Maximum Permitted Density Bonus provisions of EVDC § 11.4.D. Because 100% of the 16 multi-family units will be restricted to workforce housing, the 2 buildings will be 38 feet tall pursuant to the maximum building height allowed for workforce housing in the RM Zone District in Table 4-2 of the EVDC. 6. The Development Plans for The Meadow Condominiums and The Divide Condominiums are both accompanied with applications for preliminary subdivision plats pursuant to EVDC § 10.5.H. 2 7. A restrictive covenant for the purpose of assuring the long-term availability of the workforce housing units in The Meadows Condominiums and The Divide Condominiums As required by EVDC § 10.4.E.4., will be reviewed by the Town Board with the preliminary subdivision plats for The Meadows Condominiums and The Divide Condominiums. 8. Parcel C is included within the boundaries of the Northern Colorado Water Conservancy District (“NCWCD”) and the Municipal Subdistrict. The owners of Parcels A, B and D consent to the inclusion of their Properties into the NCWCD and, as applicable, into the Municipal Subdistrict, and such owners have executed and submitted petitions for such inclusions. The NCWCD approved the petitions on May 9, 2019. 9. A preannexation agreement has been submitted and is under review by the Town Attorney. The Wildfire Preannexation Agreement will be on the Town Board’s agenda the same night as the public hearing on the Wildfire Homes Annexation. 10. The previously requested waiver 1) has been revised in response to comments from Public Works dated April 27, 2019, to increase the turn lane redirect taper length from 160 feet to 266 feet in length. WILDFIRE STATEMENT OF INTENT For Submittal on 4-18-19 BACKGROUND Westover Construction, Inc. (“Westover”), Wildfire Development, LLC (“Wildfire”), RDA Associates, LLC (“RDA”) and Crossroads Ministry of Estes Park, Inc. (“Crossroads”), (referred to collectively herein as the “Petitioners”) are the owners of the Properties described on the four exhibits attached hereto: Exhibit A (“Parcel A” or the “Westover Property”); Exhibit B (“Parcel B” or the “Wildfire Property”); Exhibit C (“Parcel C” or the “RDA Property”); and Exhibit D (“Parcel D” or the “Crossroads Property”). The Properties are located in the northwest quarter of Section 20, Township 5 North, Range 72 West of the 6th P.M., lying west of Dry Gulch Road, about ½ mile north of US 34 in the North End Planning Area of the Estes Valley. Although once on the very edge of the Town, the Properties are surrounded by residential uses of various types and densities within the Town limits. South of the Properties is an Estate (“E”) zoned neighborhood (1/2 acre minimum) called Lone Pine Acres which was annexed to Estes Park and developed in the 1960’s. To the southwest is the Ranch Meadows Condominiums in the RM Multi-Family Residential zone district (“RM”) of the Town, and to the west is the Reserve in the E-1 Estate (“E-1”) zone. North of the Properties is Vista Ridge, an approximately 6-acre Estes Park Housing Authority project of 59 affordable and market rate condominiums, and The Neighborhood, an approximately 10-acre subdivision that includes small single-family lots and the Salud Family Health Center on Dry Gulch Road. Just north of The Neighborhood are the Talons Pointe Apartments and the Falcon Ridge Apartments and Townhomes, both of which are also Estes Park Housing Authority affordable housing projects with a combined 89 units, and the Good Samaritan Society – Estes Park Village, a senior community with 46 paired homes, a 34-unit apartment complex and a 24-bed assisted living center. DEVELOPMENT APPLICATIONS Petitioners desire to annex the Properties to the Town, and then rezone and subdivide it for the development of a variety of single family homes, townhomes and condominiums to provide additional housing options in the Estes Valley in a manner that is compatible with the surrounding neighborhood. Specifically, the applications submitted are as follows: 1. Wildfire Homes Annexation of all four of the Properties, a total of 16.802 acres. 2 2. Wildfire Homes Rezone from the current zonings of: O Office (“O”), E Estate (“E”), RE Rural Estate (“RE”) and CH Heavy Commercial (“CH”), to a combination of: O Office (“O”), E Estate (“E”), R Single Family Residential (“R”), and RM Multi-Family Residential (“RM”). 3. Wildfire Homes Subdivision is proposed to include 14 single family lots (six ½- acre lots in the E zone, eight ¼-acre lots in the R zone), a townhome project (The Divide Townhomes at Wildfire which is noted as Block 2 of this subdivision), two lots for workforce housing condominium projects (The Meadow Condominiums at Wildfire and the Divide Condominiums at Wildfire), 6 outlots for drainage and other purposes, and one lot in the O zone for the relocation of Crossroads Ministry of Estes Park, Inc. The existing commercial construction operation now located on Parcel B will be relocated to a location outside of the Properties. 4. Development Plan for The Meadow Condominiums at Wildfire (9 buildings, 8 units/building) on Lot 1 of the Wildfire Homes Subdivision meeting the current EVDC definition of Workforce Housing Units. 5. Development Plan for The Divide Condominiums at Wildfire (2 buildings, 8 units/building) on Lot 16 of the Wildfire Homes Subdivision meeting the current EVDC definition of Workforce Housing Units.. 6. Townhome Subdivision for The Divide Townhomes at Wildfire a subdivision of Block 2 of the Wildfire Homes Subdivision into 26 townhome lots meeting the current EVDC definition of Workforce Housing Units Petitioners believe that the housing they intend to provide is compatible with the surrounding residential neighborhoods and needed to help provide additional housing options for the residents of the Estes Valley. PROJECT DESCRIPTION: The units shall be eligible for the Maximum Permitted Density Bonus (Sec. 11.4.D) if at least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map). The Wildfire project is a 128-Unit development of approximately 16 acres. The Wildfire Homes Subdivision will create six Outlots (A,B,C,D,E and F) to provide transitions between internal density and zoning changes. The total acreage of these Outlots is approximately 1.06 acres. Annexation of the Properties is also proposed. Currently, the limits of the Town of Estes Park surround the Properties and the perimeter of the Wildfire Homes Annexation as proposed is 4611 feet long. Right-of-Ways are proposed as necessary on both Wildfire Road and Dry Gulch Road for dedication of access to the proposed development. At 3 this time, there is no additional right of way width proposed on Wildfire Road, nor Dry Gulch Road (although it appears that the recently constructed sidewalk along the west side of Dry Gulch Road may be within the subject property limits). Additional right of way may be pursued on Dry Gulch Road with the design of the north bound left turn lane that has been determined to not be required (by LCUASS Standards), but is proposed to be constructed for safety. Utility Easements are also dedicated for the current utility needs as well as future needs associated with the buildout of this plan. At buildout, the housing units in this development will be sold individually and used as single family housing. HOA(s) are being formed and Covenants also formed for the proposed use and care of the common spaces and improvements. The right of way for Wildfire Road and the internal looping road will be dedicated to the Town for maintenance. ACCESS: Currently the southern 9 acre lot (Parcel C) is vacant and has no internal roads. Parcel C is adjacent to the Wildfire Road right of way for access as well as adjacent to the internal road in Lone Pine Subdivision (North Ridge Lane). No daily access to North Ridge Lane is proposed and only emergency access is proposed there. Emergency access is also proposed at the southeast corner of the internal loop road. All lots that are proposed have frontage on a public street or front on a private access easement (Lots 2, 3, 4 and 5). Outlot B on the west side of the loop road is also for access that would (in the future) possibly connect to properties to the west in the Reserve Subdivision. This area adjacent to the west side of the Wildfire Homes Development is in a Conservation Easement that does not allow roads; therefore, no physical road is proposed. The ground there is relatively flat and can be accessed in an absolute emergency. The Traffic Impact Study (attached with this submittal) has shown that there is not a requirement for the left turn lane at Dry Gulch Road and Wildfire Road. This development has planned for that and it is indicated as proposed for construction with this submittal. A preliminary design for that improvement is also included herein. It is a somewhat complicated improvement given the alignment of the current road, the large storm sewer catch basin in the southwest quadrant, and the steep (retaining wall) slope to the east with the floodplain of Dry Gulch Creek nearby. Additional right of way is not felt absolutely necessary, but would be helpful to decrease the cost of that possible improvement. A Traffic Memo has been submitted and the formal Traffic Impact Study is also now included. Fire truck access is adequate for the appropriate wheel base truck length and is shown specifically on the attached development sheets. The steepest new internal main road profile grade is less than an 11% slope which meets the EVDC. As mentioned above, emergency access loops are also proposed to mitigate the possible long cul-de-sac concern. Pedestrian access is provided with a looping sidewalk paralleling both sides of the internal looping road as well as a detached sidewalk generally following the south side of Wildfire Road leading to the large sidewalk on the west side of Dry Gulch Road. Bicycle traffic is expected to share the road system in this subdivision as no individual bicycle lanes are proposed. 4 OPEN SPACE: This project includes six Outlots and other areas of open space as shown on the attached designs. There are no outstanding or noticeable specific features on this site (like wetlands, or rock outcrops, or significant trees). UTILITIES: This property is currently adjacent to all the main utilities. The main lines will be tied into and extended for use by the proposed condominiums, Townhomes and single family lots. ELECTRIC: Contact has been made with the Town of Estes Park Light & Power Department as well as an Electric Engineer. The current plan is to come off of the existing three phase power along the west line with drops to transformers to serve the western portions of this subdivision. All proposed electric lines will be buried. The same plan is true for the southern line which is a secondary line. Transformers are shown on the electric utility plan to serve the units along the southern side of the development with all buried lines. There has been some preliminary discussion about burying the lines along the south side of the subdivision (with help from the southern adjoining lot owners in Lone Pine Subdivision). The poles and service lines along the south line are on or near the Lone Pine lots. Should a new buried power line be completed, agreements with southern lot owners would be needed to re-connect their service lines. A 20’ Utility and Drainage Easement is proposed along this south line within the W ildfire Homes Subdivision for this utility improvement if an agreement comes together. If an agreement cannot be made, then the plan as outlined above will move forward. WATER: A water main exists to the north of this development within the Neighborhood Subdivision and the new main lines through this development will connect to that water main (proposed here between Lots 15 and 16). This subdivision will include a looping water main running west to east to connect to the existing main in Wildfire Road east of the circle road. This connection will help to balance pressures in this area of Town. SEWER: Upper Thompson Sanitation District controls the sewer lines in this area of Estes Park and gravity flow main lines are proposed in easily accessible locations to serve the future units and connect to the existing sewer main line in Wildfire Road east of the circle road. PARKING: The EVDC parking quantities are proposed or exceeded with this development. Internal parking is provided on the ground floor of the 8-plexes (8 in each building), and additional outside parking is also proposed. Code required parking for the proposed multi-family and townhome units collectively is 239 spaces, while 251 spaces are being provided. The Crossroads land use currently has 22 spaces and operates acceptably. The proposed Crossroads site is planned to have 25 spaces. 5 STORMWATER: Given that this property is close to a river (Dry Gulch Creek), and there are established roadside ditches along Wildfire Road, the main drainage changes are higher on the lot in the area where stormwater features are not currently present. A Preliminary Drainage Report meeting the requirements of the Larimer County Stormwater Management Manual is included with this submittal. Also, two relatively large detention ponds (with outlet structures) are proposed to the north and south of the proposed looping road. These detention ponds provide open space for the development and also hold back the difference between historic runoff and the increased runoff from the increased hard surfacing associated with this proposal. The ponds are provided with relatively shallow side slopes in at least one direction for animal and public safety. The net result downstream is that no increase in flow (Cubic Feet per Second) is proposed to Dry Gulch Creek. Of course, disturbed areas will be seeded and mulched to promote grass growth and to minimize erosion and look aesthetically pleasing. SCHEDULE: One general phase is proposed for buildout. A consecutive approach is planned for construction. The current plan is to work from higher density (Townhomes) to the Condominium units, and then single family lots. The units are planned to be built simultaneously or consecutively without any delay following the over-lot grading, and installation of roads and utility main lines. CODE WAIVERS: All of the appropriate Utility District, EVDC and other standards for development (requirements) are met with this submittal except for the following three (3) items: 1) Redirect Taper length for north portion of the turn lane at Dry Gulch Road and Wildfire Road. As mentioned above, this turn lane is not required by the cited standard, but is proposed by the developers for safety of the future residence. The taper and striping lengths for this proposed improvement equal or exceed the similar left turn lane recently constructed just 500’ north of the proposed left turn lane. 2) Appendix D.lll.B.6 where shared single family driveways may be shared by up to four units. Lots 2-6 are proposed to share the driveway in the access easement proposed. Lot 6 could access from Divide Circle, however not as safe as accessing on the private driveway. 3) Multi-modal path detached and located on the south side of Wildfire Road. This concrete walk is proposed at 8’ wide. Federal Standards (AASHTO) suggests a 10’ width. Reasoning for this waiver is limited right of way (some of the sidewalk area is proposed in easements), site disturbance is limited with a smaller path (keeping the roadside ditches along Wildfire Road), the uncommon (non-existing) occurrence in Estes Park of a multi-modal path in a residential subdivision, and most importantly, this proposed 8’ path connects to the existing ‘downstream’ 6 path along the west side of Dry Gulch Road (recently constructed trail system connection to the Town). 7 Exhibit A to Statement of Intent Description of “Parcel A” or the “Westover Property” owned by Petitioner, Westover Construction, Inc. Current zoning: RE Rural Estate Zoning District Address: 1851 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-016 Legal Description: A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP WITH ALL BEARING RELATIVE TO THE WEST LINE OF SAID NW1/4, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 300.65 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 362.39 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.56 FEET ALONG THE WEST LINE OF SECTION 20 TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY DEDICATED TO PUBLIC USE AS DESCRIBED IN DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114. COUNTY OF LARIMER, STATE OF COLORADO 8 Exhibit B to Statement of Intent Description of “Parcel B” or the “Wildfire Property” owned by Petitioner, Wildfire Development, LLC Current zoning: CH Heavy Commercial Zoning District Address: 1753 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-015 Legal Description: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 20 AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP, WITH ALL BEARINGS RELATIVE TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET, THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 343.15 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 41 SECONDS EAST A DISTANCE OF 300.63 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 335.41 FEET; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.65 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION DEDICATED FOR PUBLIC USE IN THE DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114, ALSO KNOWN AS TRACT 2, HILLERY PARRACK EXEMPTION, COUNTY OF LARIMER, STATE OF COLORADO 9 Exhibit C to Statement of Intent Description of “Parcel C” or “RDA Property” owned by Petitioner, RDA Associates, LLC Current zoning: E Rural Estate Zoning District Address: vacant property Parcel Number: 25200-00-007 Legal Description: A PORTION OF THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 2 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 20, MONUMENTED BY A BRASS CAPPED PIPE WITH ALL BEARINGS RELATIVE TO THE SOUTH LINE OF SAID NW1/4 OF SECTION 20 CONSIDERED AS BEARING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST 1506.46 FEET TO A BRASS CAPPED PIPE; THENCE NORTH 18 DEGREES 25 MINUTES 33 SECONDS EAST 236.97 FEET TO THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE SOUTH 77 DEGREES 53 MINUTES 15 SECONDS WEST 163.92 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE ALONG A TANGENT CURVE TO THE RIGHT 225.13 FEET, SAID CURVE HAS A DELTA ANGLE OF 29 DEGREES 59 MINUTES 26 SECONDS A RADIUS OF 430.10 FEET, AND A CHORD BEARING NORTH 87 DEGREES 52 MINUTES 33 SECONDS WEST 222.57 FEET; THENCE NORTH 72 DEGREES 52 MINUTES 50 SECONDS WEST 250.00 FEET; THENCE ALONG A CURVE TO THE LEFT 288.62 FEET SAID CURVE HAS A DELTA ANGLE OF 16 DEGREES 59 MINUTES 13 SECONDS A RADIUS OF 973.48 FEET AND A CHORD BEARING NORTH 81 DEGREES 22 MINUTES 27 SECONDS WEST 287.56 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 03 SECONDS WEST 666.81 FEET TO THE WEST LINE OF THE NW1/4 OF SAID SECTION 20; THENCE LEAVING THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE SOUTH 01 DEGREES 35 MINUTES 08 SECONDS WEST 326.57 FEET ALONG THE WEST LINE OF THE NW1/4 OF SAID SECTION 20 TO THE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO 10 Exhibit D to Statement of Intent Description of “Parcel D” or “Crossroads Property” owned by Petitioner, Crossroads Ministry of Estes Park, Inc. Current zoning: O Office Zoning District Address: 851 Dry Gulch Road, Estes Park, CO 80517 Parcel Number: 25200-00-910 Legal Description: A PARCEL OF LAND IN THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT FROM WHENCE THE WEST QUARTER CORNER OF SECTION 20 BEARS NORTH 89 DEGREES 46 MINUTES WEST 1506.3 FEET, THENCE NORTH 18 DEGREES 26 MINUTES EAST 395.8 FEET, THENCE SOUTH 89 DEGREES 59 MINUTES EAST 161 FEET, THENCE SOUTH 1 DEGREE 46 MINUTES WEST 377 FEET, THENCE NORTH 89 DEGREES 46 MINUTES WEST 274.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED SEPTEMBER 29, 1983 IN BOOK 2239 AT PAGE 1089 AND SHOWN IN DEED RECORDED APRIL 22, 1986 AS RECEPTION NO. 86020283. COUNTY OF LARIMER, STATE OF COLORADO. WILDFIRE HOMES REZONE Westover Construction, Inc. (“Westover”), Wildfire Development, LLC (“Wildfire”), RDA Associates, LLC (“RDA”) and Crossroads Ministry of Estes Park, Inc. (“Crossroads”), (referred to collectively herein as the “Petitioners”) are the owners of the Properties described on the four exhibits attached hereto: Exhibit A (“Parcel A” or the “Westover Property”); Exhibit B (“Parcel B” or the “Wildfire Property”); Exhibit C (“Parcel C” or the “RDA Property”); and Exhibit D (Parcel D” or the “Crossroads Property”). Petitioners have submitted a development application pursuant to §3.3.A.3 of the Estes Valley Development Code (“EVDC”), requesting changes to the zoning of the Properties and amendments to the Official Zoning Map to reflect such rezonings. The current zoning of each of the Properties in set forth on Exhibits A through D, and the current and proposed zoning of the Properties is depicted on the Rezoning Map submitted herewith. The zoning requested for the Properties is a combination of O Office (“O”), E Estate (“E”), R Single Family Residential (“R”), and RM Multi-Family Residential (“RM”). COMPLIANCE WITH REZONE CRITERIA In support of this rezoning application, Petitioners assert that the Wildfire Homes Rezone complies with the standards and criteria set forth in EVDC §3.3.D.1 through 3, as set forth below. 1. Changed conditions in the area will be addressed by the rezoning; The Properties are located west of Dry Gulch Road in the North End Planning Area of the Estes Valley Comprehensive Plan (the “Comp Plan”). At the time of the adoption of the Comp Plan and the Official Zoning Map in November 1999 (20 years ago), the Properties were located outside of the Estes Park town limits and zoned a combination of O Office, E Estate, RE Rural Estate and CO Commercial Outlying. Existing land use in the North End Planning Area was described in the 1999 Comp Plan as primarily large-lot, single-family residential, 1 acre to over 40 acres, with a majority of the land in the County being undeveloped, but with pockets of small lots with cabins. A review of the 1999 Official Zoning Map indicates that north and east of the Properties, in the County, were undeveloped properties or large lot (10 acre minimum) residential properties zoned Rural Estate (“RE-1”). Adjacent to the 2 Properties on the south was an Estate (“E”) zoned neighborhood (1/2 acre minimum) called Lone Pine Acres which had been annexed to Estes Park and subdivided in the 1960’s. To the west of the Properties was undeveloped land in the Estate (“E-1”) zone (1 acre minimum), and to the southwest was the very recently approved (August 1999) Ranch Meadows Condominiums in the RM zone. Future land use in the North End Planning Area, as described in the 1999 Comp Plan, was expected to “generally consist of low-density residential classifications and parks, recreation and open space,” however, a look at approved developments in the North End Planning Area since 1999 reveals a significant amount of change that has resulted in a very different density and character: A. Good Samaritan In 2001, the Town approved the approximately 65-acre Good Samaritan First and Second Additions to the Town and Good Samaritan Subdivision; the annexation and subdivision are located north of the Properties. On the north and west edges of the Good Samaritan Subdivision, there are eight 2-acre single family lots in the E-1 zone next to existing, large-lot County development, however, the remainder of the Good Samaritan property was zoned RM and developed as a church and three separate housing projects: (i) In 2003, the Estes Park Housing Authority (“EPHA”) developed the 44-unit Talons Pointe Apartments on approximately 3.75 acres. Density of the Talons Pointe Apartments is approximately 11.7 dwelling units per acre. (ii) In 2016, the EPHA developed the 45-unit Falcon Ridge Apartments and Townhomes on approximately 5.5 acres. Density of the Falcon Ridge Apartments and Townhomes is approximately 8 dwelling units per acre. (iii) The Good Samaritan Society – Estes Park Village consists of 46 twin homes, a 34-unit senior apartment complex and a 24-bed assisted living center on approximately 18 acres. B. Vista Ridge The Dry Gulch Road & Wildfire Ridge Annexation, abutting Parcel C and Parcel D, was approved in 1998. Later in 2002, the Town approved the approximately 6.2- acre Vista Ridge Subdivision in the Wildfire Ridge Annexation. Over the next five years (2003 to 2007), the EPHA developed, in eight separate phases, a mixed income home ownership condominium community consisting of 59 units. Density of the Vista Ridge Condominiums is approximately 9.5 units per gross acre, and approximately 11.3 units per net acre. 3 C. Bosan Addition and The Neighborhood Annexation of 9.9-acre Bosan Addition in 2005, immediately north of and adjacent to Parcel A and Parcel B, completed the annexation of all properties that surround the Properties. The Boson Addition was subdivided as The Neighborhood later in 2005; The Neighborhood subdivision includes small residential lots (.167 to .256 acres) and two larger tracts near Dry Gulch Road which were replatted and developed as the Salud Family Health Center in 2017. In conclusion, the North End Planning Area has undergone significant change over the last 20 years. The Properties, once on the very edge of the Town, are surrounded by residential uses of various types and densities within the Town limits. 2. The rezoning will allow for uses that are compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. The requested rezoning to allow for a combination of single-family homes, townhomes and workforce housing condominiums is consistent with the pattern of development in the North End Planning Area of the Estes Valley, where the Town limits have expanded over the last 20 years to accommodate development of a variety of housing options for seniors, families and workforce housing. The rezoning is supported by the following Community Wide Policies of the 1999 Comprehensive Plan: 5.1 Encourage a variety of housing types and price ranges. 5.2 Encourage housing for . . . all sectors of the community . . . 5.3 Establish . . . incentives . . . to provide affordable housing. 5.6 Encourage housing infill . . . 5.7 Identify affordable housing opportunities . . . 8.4 . . . encourage . . . infill as a primary tool to create a compact community . . . More recently, a consistent theme in the 2015 Estes Valley Economic Development Strategy is the need to increase the supply of workforce housing in the Estes Valley: “Housing is expensive and there are few options available for purchase or rent, . . . presenting “a serious threat to the ability of businesses to attract and retain qualified employees.” “The loss of younger, working-age residents is a major concern . . . because they represent an important employee base that allows for the provision of high-quality services in the Estes Valley, including the medical center, police force, city services, park maintenance, and much more.” 4 The 2018 National Citizen Survey about the “livability” of Estes Park reports that, “Residents gave the lowest marks to the availability of affordable quality housing, housing options and cost of living . . .” when rating aspect of community quality. Echoing that same theme, the October 2018 draft list of Recommended Contents for the upcoming update to the Estes Valley Comprehensive Plan continues to include this community value: improve work force housing opportunities. Furthermore, the Town of Estes Park 2019 Strategic Plan has identified “housing available for all segments in our community” as one of the Town’s Key Outcome Areas. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. As detailed in the Statement of Intent, all relevant service providers have the ability to provide adequate services and facilities to the Properties. 5 Exhibit A to Wildfire Homes Rezone narrative Description of “Parcel A” or the “Westover Property” owned by Petitioner, Westover Construction, Inc. Current zoning: RE Rural Estate Zoning District Address: 1851 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-016 Legal Description: A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP WITH ALL BEARING RELATIVE TO THE WEST LINE OF SAID NW1/4, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 300.65 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 362.39 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 20; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.56 FEET ALONG THE WEST LINE OF SECTION 20 TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY DEDICATED TO PUBLIC USE AS DESCRIBED IN DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114. COUNTY OF LARIMER, STATE OF COLORADO 6 Exhibit B to Wildfire Homes Rezone narrative Description of “Parcel B” or the “Wildfire Property” owned by Petitioner, Wildfire Development, LLC Current zoning: CH Heavy Commercial Zoning District Address: 1753 Wildfire Road, Estes Park, CO 80517 Parcel Number: 25200-00-015 Legal Description: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 20, TOW NSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 20 AS PRESENTLY MONUMENTED BY A G.L.O. BRASS CAP, WITH ALL BEARINGS RELATIVE TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 20, CONSIDERED AS BEARING NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST; THENCE NORTH 01 DEGREES 40 MINUTES 11 SECONDS EAST A DISTANCE OF 326.64 FEET, THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 362.39 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST A DISTANCE OF 343.15 FEET; THENCE NORTH 00 DEGREES 11 MINUTES 41 SECONDS EAST A DISTANCE OF 300.63 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 19 SECONDS WEST A DISTANCE OF 335.41 FEET; THENCE SOUTH 01 DEGREES 40 MINUTES 11 SECONDS WEST A DISTANCE OF 300.65 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION DEDICATED FOR PUBLIC USE IN THE DEED OF DEDICATION RECORDED OCTOBER 16, 1978 IN BOOK 1899 AT PAGE 114, ALSO KNOWN AS TRACT 2, HILLERY PARRACK EXEMPTION, COUNTY OF LARIMER, STATE OF COLORADO 7 Exhibit C to Wildfire Homes Rezone narrative Description of “Parcel C” or “RDA Property” owned by Petitioner, RDA Associates, LLC Current zoning: E Rural Estate Zoning District Address: vacant property Parcel Number: 25200-00-007 Legal Description: A PORTION OF THE NW1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 2 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W1/4 CORNER OF SAID SECTION 20, MONUMENTED BY A BRASS CAPPED PIPE WITH ALL BEARINGS RELATIVE TO THE SOUTH LINE OF SAID NW1/4 OF SECTION 20 CONSIDERED AS BEARING SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 30 SECONDS EAST 1506.46 FEET TO A BRASS CAPPED PIPE; THENCE NORTH 18 DEGREES 25 MINUTES 33 SECONDS EAST 236.97 FEET TO THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE SOUTH 77 DEGREES 53 MINUTES 15 SECONDS WEST 163.92 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE; THENCE ALONG A TANGENT CURVE TO THE RIGHT 225.13 FEET, SAID CURVE HAS A DELTA ANGLE OF 29 DEGREES 59 MINUTES 26 SECONDS A RADIUS OF 430.10 FEET, AND A CHORD BEARING NORTH 87 DEGREES 52 MINUTES 33 SECONDS WEST 222.57 FEET; THENCE NORTH 72 DEGREES 52 MINUTES 50 SECONDS WEST 250.00 FEET; THENCE ALONG A CURVE TO THE LEFT 288.62 FEET SAID CURVE HAS A DELTA ANGLE OF 16 DEGREES 59 MINUTES 13 SECONDS A RADIUS OF 973.48 FEET AND A CHORD BEARING NORTH 81 DEGREES 22 MINUTES 27 SECONDS WEST 287.56 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 03 SECONDS WEST 666.81 FEET TO THE WEST LINE OF THE NW1/4 OF SAID SECTION 20; THENCE LEAVING THE SOUTH RIGHT OF WAY LINE OF WILDFIRE LANE SOUTH 01 DEGREES 35 MINUTES 08 SECONDS WEST 326.57 FEET ALONG THE WEST LINE OF THE NW1/4 OF SAID SECTION 20 TO THE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO 8 Exhibit D to Wildfire Homes Rezone narrative Description of “Parcel D” or “Crossroads Property” owned by Petitioner, Crossroads Ministry of Estes Park, Inc. Current zoning: O Office Zoning District Address: 851 Dry Gulch Road, Estes Park, CO 80517 Parcel Number: 25200-00-910 Legal Description: A PARCEL OF LAND IN THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT FROM WHENCE THE WEST QUARTER CORNER OF SECTION 20 BEARS NORTH 89 DEGREES 46 MINUTES WEST 1506.3 FEET, THENCE NORTH 18 DEGREES 26 MINUTES EAST 395.8 FEET, THENCE SOUTH 89 DEGREES 59 MINUTES EAST 161 FEET, THENCE SOUTH 1 DEGREE 46 MINUTES WEST 377 FEET, THENCE NORTH 89 DEGREES 46 MINUTES WEST 274.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED SEPTEMBER 29, 1983 IN BOOK 2239 AT PAGE 1089 AND SHOWN IN DEED RECORDED APRIL 22, 1986 AS RECEPTION NO. 86020283. COUNTY OF LARIMER, STATE OF COLORADO. RecordOwner(s)MailingAddressPhoneEmailContactInformationApplicantMailingAddressPhoneEmailConsultantlEngineerMailingAddressPhoneEmailMINERALRIGHTCERTIFICATIONArticle65.5ofTitle24oftheColoradoRevisedStatutesrequiresapplicantsforDevelopmentPlans!SpecialReviews,Rezoning,PreliminaryandFinalSubdivisionPlats,MinorSubdivisionPlatsifcreatinganewlot,andPreliminaryandFinalCondominiumMapstoprovidenoticeoftheapplicationandinitialpublichearingtoallmineralestateownerswherethesurfaceestateandthemineralestatehavebeensevered.Noticemustbegiven30dayspriortothefirsthearingonanapplicationfordevelopmentandmeetthestatutoryrequirements.IherebycertifythattheprovisionsofSection24-65.5-103CRShavebeqnmetNames:RecordOwnerPLEASEPRINT:ApplicantP____________________________________Signatures:_______________Date_3J’//’RecordOwnerDate.3,///‘tApplicant/—OWNER&APPLICANTCERTIFICATIONAsOwner,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandIamtherecordowneroftheproperty.frAsApplicant,IcertifytheinformationandexhibitsherewithsubmittedaretrueandcorrecttothebestofmyknowledgeandinfilingtheapplicationIamactingwiththeknowledgeandconsentoftherecordowner(s)oftheproperty.IgrantpermissionforTownofEstesParkemployees,reviewingagencystaff,PlanningCommissioners,membersoftheTownBoardofTrustees,orLarimerCountyCommissionerswithproperidentificationaccesstomyppertyduringthereviewofthisapplication.IacknowledgeIhavereceivedtheEstesValleyDevelopmentReviewApplicationScheduleandamawarethatfailuretomeetthedeadlinesshownonsaidschedulemayresultinmyapplicationbeyingdelayedoranyapprovalofmyapplicationbecomingnullandvoid.Names:ApplicantPLEASEPRINT:1/LA—.tCI4L/4rRecordOwnerPLEASignatures:____________________________RecordOwner_____________Date1’________Date_______Applicant______________________________________________________Revised20110109KT