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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2015-11-17Prepared: November 12, 2015 * Revised: STUDY SESSION AGENDA ESTES VALLEY PLANNING COMMISSION Tuesday, November 17, 2015 12:30 p.m. Estes Park Town Hall, Room 202 12:30 Lunch Chair Hull 12:40 Review of Minutes Chair Hull 12:45 Boundary Line Adjustment & Amended Plats Planner Gonzales 12:55 Vacation Home Rentals- Commissioner Comment Period Chair Hull 1:20 Adjourn to meeting Chair Hull Informal discussion among Commissioners concerning agenda items or other Town matters may occur before this meeting at approximately 12:15 p.m. The public is welcome to attend study sessions; however, public comment will not be accepted. Times are approximate. Prepared: November 12, 2015 * Revised: AGENDA ESTES VALLEY PLANNING COMMISSION November 17, 2015 1:30 p.m. Board Room, Town Hall 1. OPEN MEETING Planning Commissioner Introductions 2. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 3. CONSENT AGENDA A. Approval of minutes, September 15, 2015, Planning Commission Meeting 4. HUGHES-WEBER BOUNDARY LINE ADJUSTMENT, METES AND BOUNDS PARCEL, 2041 & 2045 Devils Gulch Road Owner: Deborah Hughes & Leo Weber Applicant: Amy Plummer, Van Horn Engineering Request: Adjust the boundary line to create a building site within the property setbacks Staff: Audem Gonzales 5. AMENDED PLAT OF LOT 2, CENTENNIAL HILLS SUBDIVISION, 2969 Little Valley Road Owner: Eric Throne Applicant: Lonnie Sheldon, Van Horn Engineering Request: Adjust the existing building envelope to allow construction of an attached garage. Staff: Audem Gonzales 6. AMENDED PLAT OF A PORTION OF LOT 26, LITTLE PROSPECT MOUNTAIN SUBDIVISION, 531 Highland Lane Owner: Robert Shipman Applicant: Lonnie Sheldon, Van Horn Engineering Request: Combine two legal lots into one lot of record Staff: Audem Gonzales 7. RIVERVIEW PINES DEVELOPMENT PLAN 2015-07 & PRELIMINARY TOWNHOME SUBDIVISION PLAT — 1150 W. Elkhorn Avenue; Applicant request to continue to December 15, 2015 8. REPORTS A. Estes Valley Board of Adjustment 1. Estes Park Transit Facility & Parking Structure B. Estes Valley Planning Commission 1. Update on Downtown Neighborhood Plan process C. Estes Park Town Board D. Larimer County Board of County Commissioners D. Flood Recovery/Mitigation E. Other 9. ADJOURN The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 September 15, 2015 Board Room, Estes Park Town Hall Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Russ Schneider, Michael Moon, Steve Murphree, Sharry White Attending: Chair Hull, Commissioners Klink, Hills, Schneider, and Moon Also Attending: Director Alison Chilcott, Planner Phil Kleisler, Town Board Liaison John Phipps, Larimer County Liaison Michael Whitley, and Recording Secretary Karen Thompson Absent: Commissioners Murphree & White Chair Hull called the meeting to order at 1:30 p.m. There were approximately 35 people in attendance. Each Commissioner was introduced. Chair Hull explained the process for accepting public comment at today's meeting. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT 2. CONSENT AGENDA A. Approval of minutes, August 18, 2015 Planning Commission meeting. It was moved and seconded (Hills/Klink) to table the consent agenda as presented and the motion passed unanimously with two absent. 3. VACATION HOME RENTALS — REVIEW & DISCUSSION OF LAND USE OPTIONS Planner Kleisler reviewed the staff report. Staff would like to provide an update on the scope and timeline of the draft recommendations for vacation rentals. Staff and the Commission will engage in discussion on occupancy limits and the residential character of neighborhoods. Planner Kleisler stated there is a long history involving vacation rentals in the Estes Valley. The Estes Valley Development Code (EVDC) has provisions to allow short-term (30 days or less) rentals in all single-family residential zone districts. The objective of this project is to make sure there is a balance of property rights and neighborhood character. Planner Kleisler stated there have been several public meetings concerning this topic, beginning in April, 2015. The most recent was a public forum last Friday. The most detailed process is drafting, adopting and implementing the amendments to the EVDC. This portion (Phase I) of the process will include three or four public hearings on the topic, not including today's meeting. The goal is to adopt the code amendment before the end of 2015. Planner Kleisler stated the numbers of licensed vacation homes increased from 206 in 2010 to 285 in 2014, with the trend continuing upward. The Town and County made a conscious decision to permit short-term rentals, which is classified as a low intensity accommodation use in residential zone districts, along with some other non-residential uses (group homes). In 201.3 the RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 September 15, 2015 Board Room, Estes Park Town Hall Community Development Department hosted several community meetings to elicit feedback concerning code compliance in general. One of the hot topics was vacation homes. One of the outcomes of those meetings was the addition of a full-time code compliance officer. Planner Kleisler stated at the last public forum, the group was given the task to prioritize vacation home issues. The top three were Code Enforcement, Occupancy, and License Management. Occupancy is currently defined in the EVDC as a cap of eight individuals in a short-term rental at any one time. One possible change is to further limit vacation rentals to two individuals per bedroom plus two additional individuals. Some homes are too small to meet this standard, while other larger homes can easily accommodate more than eight guests. Comments were tallied by the facilitators and will be organized as soon as possible. One concern that will need to be addressed is whether there are areas in the Estes Valley that should be off limits to parties greater than eight. Specific items to consider include but are not limited to: narrow streets, homes on small lots, number of legal bedrooms, limited parking, traffic noise, garbage disposal, etc. Currently vacation homes are allowed in areas where these items exist. Planner Kleisler explained the potential for neighborhood impacts is minimal where large homes are built on large lots, so the idea behind the proposed code change is that larger homes on larger lots could accommodate higher occupancy limits. Some flexibility could occur in the review process; for example, a vacation home that is ten feet from a neighboring home could have issues different to a vacation home that is 50 feet away from the nearest neighbor. Another item the Commission needs to address is if and when the neighboring property owners should have a voice in the permitting process. The current process involves licensing through the Town Clerk's office, with a review by planning staff. There is currently no neighbor involvement in the licensing process. If homes with higher occupancies would be permitted, the process needs to be determined, including whether or not the neighbors should be notified. One option is to notify neighbors at the time of the renewal of a license, to elicit feedback as to how the vacation home has been operated. Suggestions were made that if there were issues during the year, the license could be held until issues are resolved. Other comments from the public meeting included, but were not limited to: no routing should be necessary if the home is in compliance with all zoning standards; neighbors should be notified depending on the distance from adjacent homes. Overall, the goal was to consider allowing greater flexibility for larger homes to host more guests. The recommended action was to allow rentals to host parties greater than eight guests through the Conditional Use Permit process. This would allow review of impacts to neighboring properties, and impacts to public services. Additionally, the Conditional Use Permit could include additional items requiring review. Planner Kleisler stated the Town Board was not interested in using a cap on lot size for number of occupants. Planner Kleisler explained residential character, or how a property is able to blend in with the surrounding environment. At the public forum, comments were requested about whether or not there should there be a limit on the number of licenses in a given area. Comments included but were not limited to: yes, by zoning district; no, as long as existing regulations were enforced; no, if there are violations on the property; it could be used as a mechanism to determine where they are appropriate. Planner Kleisler stated licensing fees are currently being reviewed. An increase in RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 September 15, 2015 Board Room, Estes Park Town Hall licensing fees could fund a part-time staff person to focus directly on short-term rental regulation enforcement. He noted that for the number of total short-term rentals in town, the vast majority operate without any issues. Planner Kleisler stated the goal as presented to the Town Board was to preserve residential neighborhood character, and the recommended action from both the Town Board and the County Commissioners was to limit the number of vacation home rentals per street segment or within a given radius of existing rentals. There was not a clear consensus about this particular item, so feedback from the Planning Commission would be greatly appreciated. This is one of the more complex issues of short-term rentals. Staff and Commission Discussion Chair Hull inquired about determining the average household size in specific zone districts. Director Chilcott stated staff could use census block information to make that determination. Commissioner Hills inquired about regulations for bed and breakfasts (B & Bs). Planner Kleisler stated B & Bs were not part of this process, and no public comment was requested nor received. If the Commission wished to discuss B & Bs, that would need to be addressed separately from short-term vacation home rentals. The only item addressed related to B & Bs is whether or not the property owner can stay on the property while renting out a single bedroom to short-term guests. It was discussed at a Town Board study session, but changes in the regulations were not proposed. If the Planning Commission chose to bring B & Bs into the mix, additional time would be required for staff to address it, and also allow the public to provide comments. Planner Kleisler stated if the Town Board and the County Commissioners decided to add the short-term rental of individual bedrooms in homes to the discussion, staff could add that to the package. Planner Kleisler stated staff would likely be multiple issues similar which staff would review to avoid unintended consequences with any new regulations. Other parts of the EVDC may need to be amended to make the new regulations flow smoothly, e.g. group homes, number of unrelated individuals in a household, etc. Public Comment Ed Peterson/town resident owns a large home on the golf course that can sleep 20 people. He and others established a local vacation home owner association to work through the issues of being able to house multi-generational guests. Vacation homes account for approximately 40% of the lodging in Estes Park. He stated they are endorsed by Visit Estes Park and the Estes Area Lodging Association, and generate approximately $30 million to the local economy. Mike Thomas/town resident stated Estes Park was built on tourism, and is what the local economy is based on. He asked the Planning Commission to consider the maximum number of individuals that can stay in a larger home, which can easily house multi-generational family reunions. Rainer Schelp/owner of Estes Park Central stated homes most sought after are those that can accommodate more than eight people. Large families like to meet in Estes Park. Many larger RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 September 15, 2015 Board Room, Estes Park Town Hall homes are on larger lots that do not create any problems. Code enforcement and qualified property managers are important to make sure the guests follow the rules. He stated 98% follow the rules. He stated he is a pro-active property manager that immediately follows up on complaints from neighbors. The economic impact of vacation homes for the Estes Valley is huge. There are probably more than 440 vacation rentals in the area, and they are a large part of the success of this community. Linda Moak/county resident wants the Planning Commissioners to be very careful and thoughtful about the occupancy limits. She owns a nine bedroom vacation rental, and 99% of the renters are multi-generational families. She refuses to come into compliance by saying she can only sleep eight people. Her rental is on a large lot and does not negatively impact the adjacent neighbors. She lives next door and is an on-site manager. Mick Scarpella/town resident has owned vacation rentals in Estes for 11 years. He owns a five bedroom home that has beds for 12 guests. He has worked hard to engage the neighbors. He agreed with the statement about the popularity of multi-generational families wanting to rent larger homes. He stated Estes Park should realize and appreciate the multi-generational market, and should have allowances for such gatherings. He also supports regulations of short-term rentals. Dean Norton/Larimer County property owner was supportive of larger occupancy limits. Estes Park has a lot of activities for people of all ages. He was concerned that when potential visitors research the area before they make reservations, they will go elsewhere when they find out the maximum occupancy for a short-term vacation rental is eight individuals. Greg Perrotto/town resident stated he owns a property that can accommodate up to 32 people. Many of his renters are here for family reunions. His concern is that if the Estes Valley is too strict on occupancy, Estes Park will lose the marketability of being a place for families. Rebecca Urquhart/town resident was opposed to occupancy limits and supportive of a Conditional Use Hearing, similar to what Grand Lake requires. She shares a driveway with a large vacation home. She stated family reunions come with a lot of noise. She stated the Economic Development Corporation has tracked people that have moved out of the valley. She has talked to others who are tired of living in a hotel zone. She stated this has become an issue all over the country. She recommended grandfathering in the vacation homes that are available now, provided they have a conditional use hearing, and make the determination about neighbor impacts at that time. She stated complaints in her neighborhood are not adequately addressed by the police. She recommends capping the number of licenses until enforcement can be effective. She thinks property owners rights are being violated by having to live next to vacation rentals. Linda Beach/county resident stated she is a year-round resident living near a short-term rental. She was opposed to vacation rentals, and hoped the county and town could solve the disparity of ordinances between the two jurisdictions, specifically the noise ordinance. Quiet time within the RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 September 15, 2015 Board Room, Estes Park Town Hall town limits is 8 p.m., while the county's is 10 p.m. She stated the Sheriff's office treats noise violations as low priority. Code enforcement is needed, as tourists have no respect for the neighbors. She stated the neighboring home was built as a vacation rental. The owner of that property lives out of state, has never lived in the house, has no plans to live there, and does not realize how serious the issues are. She stated enforcement of the regulations is very important. She agreed with Ms. Urquhart about noise, parties, speeding, trespassing, fire danger, and other issues. Kurt Johnson/town resident agreed with Ms. Urquhart and Ms. Beach. He was opposed to allowing large numbers of occupants in vacation rentals, saying they have completely changed the character of his neighborhood, and because of that they are planning to move. Seth Smith/Ponderosa Property Management that manages 60-80 properties. He stated the biggest piece that is missing is enforcement. He thought some of the other issues would take care of themselves if the rules were enforced. Millicent Cozzie/town resident agreed that the larger homes should be allowed to have more than eight people. She stated code enforcement is the issue. There is a small percentage of less than desirable guests that have the potential to ruin what is being done responsibly. She stated most complaints seem to revolve around noise, and after researching the Estes Park Municipal Code, did not understand why citations are not being issued. She encouraged residents with noise issues to call the police, who should be enforcing the noise ordinance. Glenn Malpiede/town resident stated the biggest issue is enforcement. He stated the police should be issuing citations. A call list should be created so the property owners can be notified when there is a problem. He stated Air B&Bs should be licensed like everyone else, and that type of rental should be included in the proposed regulations. Barbara May/town resident stated the Planning Commissioners need to think seriously about the amount of money that should be spent on hiring the enforcers. Larger houses with more people require a larger enforcement budget. She thought the police department was understaffed and was unable to provide adequate enforcement because of that issue. She encouraged the enforcement of noise and parking violations. There are a lot of things on both sides that need to be addressed, and she hoped the Commissioners could find a way to make it balance. Fred Mares/town resident was neutral on vacation rentals. He stated the explosive growth of short-term rentals and the lack of enforcement over the years has impacted the community. It is difficult to know what comments to direct to which groups, as all issues are related and need to be intertwined in order to be effective. Cross-talk needs to happen with all groups involved. In recent history, the Town Board has discussed many issues; changing the character of Estes Park to a year-round economy, the aging population, the decline of the school population, etc. Family values are trying to get reestablished in town. The Planning Commission needs to be able to find balance between residents and visitors, and the balance seems to be shifting. He urged the RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 September 15, 2015 Board Room, Estes Park Town Hall Commission to consider the larger picture: vacation rental owners versus people with issues about vacation rentals. The rules in place now may not be clear to property owners. While the Commissioners are being asked to allow more flexibility, there should be ways to maintain the small amount of control that we now have. A Conditional Use Permit may be helpful, but there could be other ways to address the issues. Nick Thomas/vacation home owner stated one of the biggest issues is people not being able to stand in each other's shoes. Some of the examples provided today are extreme. In general, one size does not fit all. Estes Park is a vacation place for families. He does not appreciate trying to limit the occupancy. It is not a negative to celebrate things. There needs to be regulation and Estes Park needs to be able to back the rules. Different communities enforce things in different ways. He sees the biggest issue is to make sure that when people have a problem, it can be taken care of by the police and other enforcers. He questioned whether the statistics about number of vacation homes to the number of complaints was accurate, thinking that many complaints may be coming from one or two individuals about one or two vacation homes. He encouraged the Commissioners to be flexible and realize one rule will not fit every situation. Public comment closed. Staff and Commission Discussion Sergeant Rick Life/Estes Park Police Department stated the local noise ordinance is based on decibels and the location where the reading is taken from. It is not as simple as it seems. Staff and Commissioner comments included but were not limited to: noise really varies; Estes Park and Larimer County have challenges with response times; Sheriff's office does not have a deputy regularly assigned to the Estes Valley; the code regarding eight unrelated individuals has been in place for many years, and is derived from the state statute which defines small group homes as eight people or fewer; you cannot prohibit small group homes from residential neighborhoods; from a planning perspective, residential neighborhoods are for residential use, so if we allow vacation homes for more people than eight people, then we also need to look at increasing the number of people that can live in a residence or small group home; it is hard to determine regulations when you have to assume that enforcement would work; enforcement is one of the biggest issues; property owners that are out of state are maybe not as in tune to issues; staff will flush out the land use issues more fully than others and present it as a package with how the process would work and how enforcement would occur; the enforcement of covenants is a civil matter; if occupancy was maintained at eight people, a conditional use permit could allow a larger number; the Planning Commission could place regulations on the process for renewals; conditional use permits currently expire after one year of non-use. Planner Kleisler stated the next step will be a joint meeting with the Town Board and County Commission to present final recommendations. Following that meeting, a draft ordinance will be written and presented to the Planning Commission. At that meeting, the Planning Commission may request changes be made, that something else be flushed out differently, etc. At that point, RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 September 15, 2015 Board Room, Estes Park Town Hall the Planning Commission would either ask for additional information, request changes be made to the ordinance, or make a recommendation to the decision-making boards. It is also contingent on Town Board feedback. REPORTS Planner Kleisler reported the Estes Park Transit Facility and Parking Structure project was heard by the Estes Valley Board of Adjustment on September 1, 2015. The variances for height and setbacks were approved. Planner Kleisler reported on the Downtown Plan, stating a grant was received from the Department of Local Affairs (DOLA) for $190,000 to hire a consultant to create a downtown plan that would be the vision for the next ten years. That process is currently underway. The community has provided input on the submitted proposals, and interviews were held with the two finalists. The committee is nearing completion, and will be providing a recommendation to the Town Board in the near future. Commissioner White is a member of the committee. Chair Hull stated she will be filling in for Commissioner White while she is out of town. Director Chilcott reported there is no update on the Estes Valley Comprehensive Plan Modernization. It is a very time-intensive project and other projects in the department have had higher priority. Director Chilcott will be providing a report to the Town Board on October 27, 2015 on goals for long- and short-term flood mitigation, with the main goal reducing flood risk to protect property owners from future flood damage, both economically and physically. Director Chilcott reported a consultant reviewed our current fee schedules for development review and building permit fees, and several recommendations have been presented to staff. Options to consider are (1) retain the current fee schedule but potentially increase the fees; (2) move to a cost reimbursement model, where the more you use the service the more you pay; and (3) a combined model for development review fees, where a simple review is a flat fee, and a complex project would be based on the amount of staff time incurred. The reason for reviewing the fee schedules is because our current fees are not covering the cost of services, due to the increase in demand. The other option would be to scale back on the level of services. The Town Board heard the presentation, and staff will be doing some public outreach to stakeholders to obtain feedback. There being no further business, Chair Hull adjourned the meeting at 3:14 p.m. Betty Hull, Chair Karen Thompson, Recording Secretary Hughes/Weber Boundary Line Adjustment Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: November 17, 2015, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is an application for a boundary line adjustment between two existing parcels; this plat will result in two legal lots. STAFF OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide a recommendation to the Planning Commission LOCATION: 2041 and 2045 Devil's Gulch Road, within the unincorporated Estes Valley. OWNER/APPLICANT: Deborah L. Hughes & Leo J. Weber / Leo J. Weber CONSULTANT/ENGINEER: Primary Contact: Amy Plummer, Van Horn Engineering STAFF CONTACT: Audem Gonzales, Planner I REPORT SUMMARY: This report describes a request to adjust a boundary line between two Elarcels in the unincorporated Estes Valley. This adjustment would allow a new single-family home to be built in the same area as an existing single- family home proposed to be removed. Current setback requirements do not allow for the new home to be built at this location. A boundary line adjustment between the two parcels is needed to accomplish this project. Staff reviewed this boundary line adjustment application for compliance with the Estes Valley Development Code and Estes Valley Comprehensive Plan and finds the application will comply with applicable regulations. Therefore, staff recommends approval of the application. SITE DATER TABLE: Engineer: Van Horn Engineering & Surveying (Amy Plummer) Parcel Number(s): 25170-00-003, 25180- 00-001 Total Area: 61.18 acres Number of Lots: Two Existing Land Use: Two single-family dwelling units Proposed Land Use: Two single-family dwelling units. Existing Zoning: "RE-1" Rural Estate Adjacent Zoning: East: "RE-1" Rural Estate North: "RE-1" Rural Estate West: "RE-1" Rural Estate South: "RE-1" Rural Estate Adjacent Land Uses: East: Single family dwellings and undeveloped land North: Single family dwellings and undeveloped land West: Undeveloped South: Single family dwellings Services: Water: Private wells and cisterns serve both properties Sewer: Private septic systems on both parcels Fire Protection: Estes Valley Fire Protection District PROJECT DESCRIPTION & REVIEW PROCESS: This is a request to adjust a boundary line in order to build a single-family home at a location that currently does not allow a building to be built. This application package includes: Subdivision Review (§3.9): The purpose of the subdivision review process is to ensure compliance with the subdivision standards and provisions of this Code, while encouraging quality development in the Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan. Boundary Line Adjustments for properties not within a platted subdivision are considered a Minor Subdivision for review purposes. Decision Making Body: Board of County Commissioners REVIEWING AGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns have been expressed by reviewing agencies. Memos are included as part of this staff report. • Larimer County Engineering Department email dated October 9, 2015 • Larimer County Engineering Department memo dated October 13, 2015 • Larimer County Environmental Health memo dated October 12, 2015 • Estes Park Utilities Department memo dated October 22, 2015 Estes Valley Planning Commission, November 17, 2015 Page 2 of 5 .51 1 HugheslWeber Boundary Line Adjustment PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. As of November 4, 2015, no formal written comments have been received for this application package. Written comments will be posted to vvww.estes orq/currentapplications if received after November 4th and summarized in the staff presentation. STAFF REVIEW: Present Situation: There are two existing single-family homes, one on each parcel. The larger parcel is 49.47 acres in size and the smaller parcel is 11.71 acres in size. Together the total area is 61.18 acres. The smaller parcel generally slopes from the northwest down to the southeast and south, with about 300 feet change in elevation. Drainage on the parcel follows the slope towards the southeast and south. The larger parcel generally slopes from the northwest down to the southeast and south, with about 250 feet change in elevation. Drainage on the parcel follows the slope towards the southeast and south. Both parcels contain steeps slopes on the western boundaries, especially the smaller parcel. There is an existing shared paved driveway that accesses both parcels from Devil's Gulch Road. Proposal: Adjust the boundary lines between the two parcels. The existing single-family home on the smaller parcel is proposed to be removed and replaced with a much more energy efficient home. The new home will take advantage of the existing driveway and utilities established on the smaller parcel. Current boundary line setbacks prohibit the new home to be built at this location. The RE-1 zone district has a 50-foot setback on all sides of the parcel. A boundary line adjustment is needed to allow the new home to be built at the same location as the existing home. The shared paved driveway is existing and will not be increased with this proposal. Water and on-site waste water treatment systems are also existing and will not be moved with this proposal. Staff recommends approval of this request to adjust the boundary line between parcels 25170-00-003 and 25180-00-001. Subdivision: §3.9.E: Ali subdivisions must demonstrate compliance with the standards and criteria set forth in Chapter 10 "Subdivision Standards," and all other applicable provisions of this Code. \ Estes Valley Planning Commission, November 17, 2015 Page 3 of 5 Hughes/Weber Boundary Line Adjustment Section 10.5.B.1 Compliance with Zoning Requirements requires subdivisions comply with Zoning Development Standards outlined in Chapter 4. Residential Zoning Districts: Section 4.3.C.4 Table 4-2 Base Densities and Dimensional Standards Residential Zoning Districts requires certain minimum lot standards for any lot within a specific district. Specific standards for the RE-1 district include: Minimum lot area of 10 acres. Minimum front, side and rear property line building/structure setbacks to be 50 feet. 1. Grading and Site Disturbance: This plat will delineate limits of disturbance that will protect steep slopes, wetlands and significant trees. 2. Access Easement: A private access easement for lot 2 via lot 1 has been shown on the final plat. Planning Staff will record this document, and keep a copy of it in the file. The recorded access easement should be submitted with initial building permit application. Finally, the separate access easement should include provisions for maintenance of any common driveway. 3. Conservation Easement: In 1998. A conservation easement was granted for both properties prohibiting any division or subdivision of title to the property, whether by physical or legal process. Also, the conservation easement prohibits the two parcels to be separately owned. 4. Comprehensive Plan: The site is located within the North End planning area, which generally anticipates low-density residential and open space uses. There are no identified issues that affect this property. Staff has evaluated the proposed development for compliance with Community-Wide Policies set forth in Chapter Six of the comprehensive plan. Because the request is only to adjust a boundary line between two parcels, staff focused on Future Land Use guidelines that aim to protect drainage ways and natural features. Staff has found no adverse effects that would be created by this request in regards to Future Land Use guidelines. STAFF FINDINGS: Based on the foregoing, staff finds: 1. This boundary line adjustment application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission. The Planning Commission is the Recommending Body, the Board of County Commissioners are the Decision-Making Body. Page 4 of 5 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing staff, referred to in this staff report, are incorporated as staff findings. Estes Valley Planning Commission, November 17, 2015 Hughes/Weber Boundary Line Adjustment 3. Adjusting the boundary lines between the two parcels would not create non- conforming lots nor would it go against the policies and guidelines of the Estes Valley Comprehensive Plan. 4. This proposal complies with all applicable regulations set forth in the Estes Valley Development Code. 5. Limits of site disturbance are to be delineated that protect steep slopes, wetlands and significant trees. 6. A private access easement between the two lots will be recorded with this plat as well as utility easements. RECOMMENDATION: Staff recommends APPROVAL of the proposed Boundary Line Adjustment. Subject to the following conditions: 1. The proposed private access easement shall be submitted with mylars for recording. The easement shall include a graphic description and include provisions for maintenance of any common driveway SAMPLE MOTIONS: I move to recommend APPROVAL (or denial) of the "Hughes/Weber Boundary Line Adjustment, as described in the staff report, with the findings and conditions recommended by staff. (This is a Planning Commission recommendation to the Board of County Commissioners). NOTICE: Within thirty (60) days of the Board's approval of the final subdivision plat, the developer shall submit the final plat for recording. If the final plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. Attachments: 1. Vicinity Map 2. Reviewing Agency Comments 3. Statement of Intent 4. Application 5. Plats Estes Valley Planning Commission, November 17, 2015 Page 5 of 5 Hughes/Weber Boundary Line Adjustment 2441 2444 2392 2039 2039 1980 Proiect Name: Project Description: Petitioner(s): Hughes/Weber Boundary Line Adjustment Adjust boundary between two parcels Leo J. Weber 1320 2280 2198 2190 RE-1 2160 I tP ESTES PARK COLORADO Town of Estes Park Community Development Exhibit A Map 1 in = 458 ft 0 240 480 Feet Printed: 11/5/2015 Created By: Audem Gonzales 1-1 Subject Parcels Parcels-Larimer 1 Town Boundary 1339 1265 1285 1269 1301 R E- 1400 1717 1330 2180 2050 2000 Vicinity Map Site Town of Estes Park Mail - Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Met... Page 1 of 2 Audem Gonzales <agonzales@estes.org> Ejt Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Metes & Bounds parcel 2041 & 2045 Devils Gulch Rd - Boundary Line Adjustment Karen Thompson <kthompson@estes.org> Mon, Oct 12, 2015 at 1:25 PM To: Audem Gonzales <agonzales@estes.org> Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org Forwarded message ---------- From: Traci Shambo <shambotl@co.larimer.co.us> Date: Mon, Oct 12, 2015 at 1:22 PM Subject: Re: REFERRAL FOR COMMENT: FINAL REVIEW - Metes & Bounds parcel 2041 & 2045 Devils Gulch Rd - Boundary Line Adjustment To: Karen Thompson <kthompson@estes.org> Karen - Larimer County Engineering does not have any concerns with the application as proposed. On Fri, Oct 9, 2015 at 3:13 PM, Karen Thompson <kthompson@estes org> wrote: Attached please find the guidelines for commenting on the FINAL REVIEW for the project listed above. Comments are due on or before Friday, October 23, 2015 Documents are attached for your convenience. Please let me know if you have any questions. Thank you. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org Traci Shambo, P.E. Larimer County Engineering Department 200 West Oak St, Suite 3000 P.O. Box 1190 Fort Collins, CO 80522 Phone: (970) 498-5701 https://mail.google.corn/mailnui=2&ik=c0a7e0f533&vievv=pt&search—inbox&msg=1505... 11/3/2015 LARIMER COUNTY COMMITTED TO EXCELLENCE ENGINEERING DEPARTMENT Post Office Box 1190 Fort Collins, Colorado 80522-1190 (970) 498-5700 FAX (970) 498-7986 MEMORANDUM TO: Karen Thompson, The Town of Estest FROM: Clint Jones, Larimer County Engineering Department C5— DATE: October 13, 2015 SUBJECT: Hughes-Weber BLA Project Description/Background: This is a Boundary Line Adjustment in the Estes Valley Planning Area to adjust the common lot line between (2) parcels. The lots are located at 2045 Devils Gulch Road. Review Criteria: Larimer County Engineering Department has reviewed the materials submitted per the applicable criteria found in the Larimer County Land Use Code (LCLUC), Larimer County Rural Area Road Standards (LCRARS), Larimer County Stormwater Design Standards (LCSDS) and pertinent Intergovernmental Agreements. Comments: 1. It does not appear that any existing access points will be impacted due to this proposed request. 2. We expect that any new construction will be completed in such a way that the existing drainage patterns in the area will not be altered. If drainage patterns are going to be changed, a drainage plan should to be submitted for review and approval. 3. The utility authorities should be given a chance to comment on this proposal since notification and approval from the proper utility authorities is required for any utility easements that are being modified in association with the proposal. Recommendation: As long at the comments listed above are noted, our department has no objections to the approval of this application. Please feel free to contact me at (970) 498-5727 or e-mail me at cdjones@larimer.org if you have any questions. Thank you. cc: Amyvhe@airbits.com file C:\Users\audem gonzaleslAppData1Local\Mierosoft\Windows\Temporary Internet Files\Content.IE511)FSP891(211-lughes Weber BLA.doc LARIMER COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT 1525 Blue Spruce Drive Fort Collins, Colorado 80524.2004 General Health (970) 498-6700 Environmental Health (970) 498-6775 Fax (970) 498-6772 COMMITTED TO EXCELLENCE To: Karen Thompson, Town of Estes Park From: Doug Ryan, Environmental Health Planner R(,)Plit Date: October 12, 2015 Subject: Hughes-Webber BLA The Hughes-Webber BLA is a proposal to adjust the common boundary between two adjacent parcels. Both lots are developed with a single family residence. The site plan provided by Van Home Engineering indicates that the existing septic system locations will not be disturbed by the adjustment, and that those systems will remain on the lots they serve. Based on that information, our office has no objections so long as the other utility providers have adequate access for their needs. As is the case with all rural area lots, permits to install new or replacement on-site sewer systems must be obtained from our Department prior to construction. Thank you for the opportunity to comment on this proposal. I can be reached at (970) 498-6777 if there are questions about any of these topics. 4 fP TOWN OF ESTES PARK Inter-Office Memorandum To: Community Development From: Steve Rusch Date: 10/22/2015 Re: REFERRAL FOR COMMENT: FINAL REVIEW - Metes & Bounds parcel 2041 & 2045 Devils Gulch Rd - Boundary Line Adjustment The Utilities Department has the following Final/Public Review comments for the above application: Light and Power has reviewed the revised final boundary line adjustment and has determined that the prior request has been addressed. The Utilities Department therefore approves the final plat. STATEMENT OF INTENT September 23, 2015 Boundary Line Adjustment of Parcels #25170-00-003 (2041 Devils Gulch Road) and #25180-00-001 (2045 Devils Gulch Road) Located in the NW 'Ai of Section 17 and the NE 'A of Section 18, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado Deborah Hughes and Leo Weber own the two properties listed above which are more particularly described on an included page. The existing areas are 49.47 acres and 11.71 acres, respectively, for a total of 61.18 acres. The existing zoning is RE-1 Rural Estate, 10 acre minimum. A single family residence is located on each of the two parcels as well as various out buildings as shown on the preliminary plat. The purpose of this plat is to adjust the boundary line between the two properties such that a desired alternative building site falls within setback limitations on the smaller parcel. The plan is to replace the existing 3-bedroom house on the smaller parcel with a much more energy efficient 2- bedroom home nearby, thus taking advantage of the existing utilities and driveway. Both resultant parcels will remain in compliance with the existing required 10 acres in the RE- 1 zoning. This proposal does not create any new lots or an increase in the number of dwelling units at completion of the project. The existing utilities and access are as follows: • A private water system consisting of adjudicated wells and cisterns serves both properties • On-site waste water treatment systems provide sewage treatment • A Town of Estes Park transmission line crosses both properties roughly from north to south, and communication and T.O.E.P electric service lines are buried to each of the homes. • A shared private paved drive from Devils Gulch Road forks to provide access to both residences. No other homes have access along this drive. Mapped Estes Valley hazard areas affecting these properties (shown on the preliminary plat): • A small strip of land along the west edge of the properties falls within the mapped steep slope geologic hazard zone. No building is proposed within this area. • An area of the most southerly portion of the property is mapped as wetlands. No building is proposed within this area. The proposed property configuration follows the intent of the code, the true "front" dimension of the smaller property is over 1000'. Because building permit site plan review is very comprehensive in the Estes Valley, no building envelopes are r , tnrf.,4 COMMUNITY DEVELOPMENT Current plans propose a new (replacement) home well out of both steep slope and wetland areas as shown on the preliminary plat. In November 1998, Elizabeth Hughes granted a conservation easement which encumbers both properties to the Estes Valley Land Trust, recorded at reception #98101501- one of the first granted in the Estes Valley. Section 3(b) of the conservation easement states: "Any division or subdivision of title to the property, whether by physical or legal process, is prohibited. Notwithstanding that the Property consists of, or may be held to consist of, two legally separate or separable tracts or parcels of land, Grantor hereby covenants and agrees, for herself, her heirs, personal representatives, successors and assigns that: (i) the two said tracts comprising the Property shall hereafter constitute and be treated for all purposes as a single parcel of land, and (ii) the two said tracts comprising the Property shall not hereafter be separately: (A) conveyed by deed, (B) devised, (C) transferred pursuant to the laws of intestate succession, (D) mortgaged or transferred in any manner as security or (E) otherwise transferred or alienated voluntarily or by operation of law." Because the two properties must be owned by the same entity in perpetuity, we are creating no utility or access easements from one lot to the other, and we are proposing no maintenance agreements. Due to the relatively slight change this project proposes, i.e. no additional lots, no additional dwelling units, no extended utility mains and very little change to existing utilities, no re-aligned drive, etc., therefore no increase in the intensity of use, we are asking that the following Estes Valley Development Code submittal requirements be waived: • Geologic Hazard Mitigation Plan (no development is proposed within the designated steep areas) • Wildlife Conservation Plan (no development is planned within the riparian areas) • Establishment of limits of disturbance and vegetation protection • Creating sidewalks, pedestrian connections and trails • Transportation impact analysis BCPTN # 98101501 11/19/98 12:55:00 # PAGES - 14 FEE - M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $71.00 $.00 DEED OF CONSERVATION EASEMENT This DEED OF CONSERVATION EASEMENT is made this /6 72! day of 4/44M.WIR,ER , 1998 by ELIZABETH K. HUGHES (hereinafter referred to as "Grantor") to ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation having an address at P.O. Box 663, Estes Park, Colorado 80517 (hereinafter referred to as "Grantee"). RECITALS: A. Grantor is the owner in fee simple of the two tracts or parcels of real property located in Larimer County, Colorado described in Exhibit A attached hereto and made a part hereof (the "Property"). B. The Property possesses significant open space, scenic, wildlife and plant habitat and other aesthetic and ecological values (the "Conservation Values") of great importance to Grantor, the people of Larimer County and the people of the State of Colorado. C. Grantor has made available to Grantee, prior to the execution of this Conservation Easement, information sufficient to document the condition of the Conservation Values of the Property, including the current features and status of the Property, photographs and a description of current uses of the Property (the "Baseline Documentation"). The parties agree that the Baseline Documentation provides an accurate representation of the Property as of the date hereof and is intended to serve as an objective information baseline for purposes of monitoring and enforcing compliance with the terms of this instrument. It is not intended, however, to preclude the use of other evidence of the present condition of the Property. D. Grantor intends, as owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity. E. Grantee is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); has been classified as a publicly supported charity under Sections 509(a)(1) and 170(b)(1)(a)(vi) of the Code; is an eligible recipient of conservation easements under Colorado Revised Statutes Secs. 38-30.5-104(2), et seq.; and has as its primary purpose the preservation and conservation of natural areas for scenic, open space, aesthetic and ecological purposes. F. Grantee agrees by accepting this grant to honor the intentions of the Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property. The parties agree, however, that certain current uses of the Property are consistent with the conservation purposes of this Conservation Easement, and that limited development of the Property as described herein may occur without impairing the Conservation Values. NOW, THEREFORE, in consideration of the premises and of the mutual covenants, terms and conditions herein contained, Grantor hereby voluntarily grants and conveys to Grantee, and Grantee hereby voluntarily accepts, a perpetual conservation easement in gross (an immediately vested interest in real property defined by Colorado Revised Statutes Secs. 38-30.5-101, et sec.) over the Property, of the nature and character and to the extent hereinafter set forth (the "Conservation Easement"). 1. JURPOSE. The purpose of this Conservation Easement is to preserve and protect in perpetuity the Conservation Values of the Property. Grantor intends that this Conservation Easement will confine the use of the Property to activities consistent with such purpose, as hereinafter provided. 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Conservation Easement the following rights are conveyed to Grantee by this Deed: (a) To preserve and protect the Conservation Values of the Property; (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Conservation Easement; provided that Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property (In the absence of evidence of the Grantor's violation of this Agreement or of a threat to the Conservation Values of the Property, such inspections shall take place no more frequently than twice annually.); and (c) To enjoin any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. PROHIBITED USES. Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of Page 2 the foregoing, the following activities and uses are expressly prohibited: (a) Construction of Buildings and Other Structures. The construction or reconstruction of any buildings, camping accommodations, mobile homes, or other structures or improvements, except those existing on the date hereof, is prohibited, except in accordance with paragraph 5 below. (b) Subdivision. Any division or subdivision of ( title to the Property, whether by physical or legal process, is prohibited. Notwithstanding that the Property consists of, or may be held to consist of, two legally separate or separable tracts or parcels of land, Grantor hereby covenants and agrees, for herself, her heirs, personal representatives, successors and assigns that: (i) the two said tracts comprising the Property shall hereafter constitute and be treated for all purposes as a single parcel of land, and (ii) the two said tracts comprising the Property shall not hereafter be separately: (A) conveyed by deed, (B) devised, (C) transferred pursuant to the laws of intestate succession, (D) mortgaged or transferred in any manner as security or (E) otherwise transferred or alienated voluntarily or by operation of law. (c) Timber Harvesting. Trees may be cut only to control insects and disease, to control invasive non-native species, to clear for fire control, and to prevent serious risk of personal injury and property damage. The foregoing shall not prevent the harvesting of dead, dying and down trees for firewood and other uses on the Property. Commercial timber harvesting on the Property shall be prohibited. (d) Excavating and Mining. Filling, excavating, dredging, grading, mining, quarrying, drilling or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance is prohibited. (e) Dumping, Changes in Natural Topography. The dumping or uncontained accumulation of any kind of trash, garbage, refuse, industrial waste, toxic and hazardous material, other organic or inorganic waste, or other unsightly or offensive materials on the Property is prohibited. Changing the topography of the land through the placement on the Property of soil or other substance or material, such as landfill or dredging spoils is also prohibited. The provisions of this subparagraph 3(e) and those of subparagraph 3(d) shall not operate to prevent the construction of permitted structures and driveways. Page 3 (f) Commercial or Industrial Activity. No commercial or industrial uses shall be allowed on the Property, including without limitation the placing of any billboards, signs or other advertising materials on the Property. This section shall not prohibit the purchase and sale of the Property (or signs therefor) or the use of a part of a residence as a home office or art/craft studio (provided such uses are incidental to the primary residential use). (g) Motorized Vehicles. No dunebuggies, motorcycles, all-terrain vehicles, snowmobiles or any other types of motorized vehicles may be operated or ridden off- road on the Property, except as may be necessary for the conduct of such forest husbandry activities as may be permitted by this Conservation Easement, except as may be necessary to construct, maintain, restore, or replace the improvements permitted by this Conservation Easement, and except such motorized vehicles as necessary for Grantor and her guests and invitees to have access to the Property for the purposes permitted under this Conservation Easement. (h) Alteration of Springs. Natural Lakes, Ponds. Marshes, and Watercourses. The manipulation or alteration of any springs, natural watercourses, lake shores, ponds, marshes or other natural water bodies on the Property is prohibited. (i) Fences. Grantor may repair or replace existing fences and new fences may be built for separation of uses and to discourage trespassing. (j) Hunting and Trapping. Hunting and trapping on the Property are prohibited. Nothing in subparagraphs (a) through (j) above shall apply to or prohibit any activities undertaken in connection with the exercise of the rights and uses reserved and permitted in paragraphs 4 and 5 hereof. 4. RESERVED RIGHTS AND PERMITTED USES. Grantor reserves to herself and to her heirs, personal representa- tives, successors and assigns, all rights accruing from her ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose hereof. Without limiting the generality of the foregoing, the Grantor expressly reserves the right to exclude any member of the public from trespassing on the Property; the right to permit Grantor and her invitees or guests to hike, camp, horseback ride and cross-country ski on the Property; the right to keep and graze horses on the Property for the personal use and Page 4 enjoyment of Grantor, provided, that Grantor will avoid overgrazing of the Property; the right to plant trees on the Property; and the right to convey the Property to anyone Grantor may choose subject to the restrictions imposed by this Conservation Easement. 5. ALLOWED STRUCTURES. (a) Grantor may inhabit, maintain, repair, reconstruct, improve and enlarge the two (2) existing single-family residences located on the Property. (b) Grantor may maintain, repair, reconstruct, improve and enlarge the existing barn, stable, detached garage, "mule house", swimming pool and pool house and enclosed cisterns located on the Property. (c) Grantor may construct and maintain a gazebo at the location of the existing "picnic grounds" on the Property. (d) (i) In addition to the existing residences and the ancillary structures and improvements referred to in subparagraphs 5(a), 5(b) and 5(c), Grantor may place or construct on the Property one (1) additional dwelling unit ("Dwelling Unit"). (ii) The Dwelling Unit shall consist of a single- family residence and accessory structures or improvements such as a garage, guesthouse, stable, barn, satellite dish and private recreational facilities (such as a swimming pool and a tennis court). (iii) All structures and improvements comprising the Dwelling Unit must be located within a reasonably compact area no larger than three (3) acres. The location of the Dwelling Unit on the Property shall be at the discretion of Grantor, or her successors, provided that no portion of the Dwelling Unit shall be located within three hundred feet (300 feet) of the westerly right of way line of Devils Gulch Road. (iv) In connection with the Dwelling Unit, Grantor may (1) construct, maintain and repair a driveway for access to and from the Dwelling Unit; (2) construct and maintain such utility lines as may be desired for the Dwelling Unit, provided that all utility lines shall be buried to the extent practicable in the reasonable judgment of Grantor; and (3) construct and maintain a domestic water well and septic system to serve the Dwelling Unit, and/or otherwise develop a domestic 6 Page 5 water source and wastewater treatment system for the Dwelling Unit. (e) Grantor may construct, maintain, repair, renovate, replace and, in the event of destruction, reconstruct any wells, water lines, cisterns, septic systems, and other similar structures and improvements which are now existing or reasonably accessory or incidental to the residential structures and accessory structures permitted herein. 6. NOTICE OF COMMENCEMENT OF CONSTRUCTION. Before commencing any construction under paragraph 5 above, Grantor will notify Grantee in writing not less than 45 days prior to the date Grantor intends to commence construction. The purpose of this notice is to afford Grantee an opportunity to ensure that the construction of any permitted residence, improvement or addition is carried out in a manner consistent with the purpose of this Conservation Easement. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed construction in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. It is not the intent of this provision that Grantee shall have architectural control or design review approval rights with regard to any such proposed construction. Grantee shall have 10 days from receipt of the notice to review the proposed construction activity and to notify Grantor of any objections thereto; provided that the 10-day period shall not begin until such time as Grantee has received adequate information from Grantor to evaluate the proposed construction activity. In the event that Grantee requires additional information to evaluate the proposed activity, Grantee shall request the information from Grantor as soon as practicable and in any case not later than 10 days after the receipt of the notice of the proposed activity. A decision by Grantee to disapprove a proposed activity shall be set forth in detail and must be based upon Grantee's reasonable determination that the proposed construction activity is materially inconsistent with the purpose of this Conservation Easement. If in Grantee's reasonable judgment it is possible that the proposed construction activity can be modified to be consistent with this Conservation Easement, Grantee's decision notice shall inform Grantor of such modifications. Once modification is made to the reasonable satisfaction of Grantee or Grantee otherwise concurs with the matters set forth in Grantor's notice, the proposed construction activity may thereafter be conducted in accordance with such determinations. Should Grantee fail to give its response to Grantor's notice within 10 days of its receipt of notice or within 10 days of the time that Grantee has received adequate information to evaluate the proposed activity, Page 6 whichever is later, the proposed construction activity shall be automatically deemed consistent with the terms of this Conservation Easement, Grantee having no further right to object to the construction activity identified by such notice. 7. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, this shall apply to: (a) Taxes. Grantor, or her successors, shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor, or her successors, will reimburse Grantee for the same. (b) Upkeep and Maintenance. Grantor, or her successors, shall continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. 8. HOLD HARMLESS. Grantor shall hold harmless, indemnify and defend Grantee and its members, officers, directors, employees, agents, contractors and permitted assignees (collectively, the "Indemnified Parties") from and against any and all claims or damages, including reasonable attorneys' fees, directly resulting from any negligent acts or operations on the Property by Grantor or her guests or invitees, or from the presence of hazardous or toxic substances (meaning any substance that is regulated as such under any federal, state or local law) on, under or about the Property. Grantee shall hold harmless, indemnify and defend Grantor and her guests and invitees from and against any and all claims and/or damages, including reasonable attorney's fees, directly resulting from any negligent acts or operations on the Property by the Indemnified Parties. 9. ENFORCEMENT. Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Deed. Grantee may enter the Property as provided in subparagraph 2(b) for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of such written notice, Grantor shall either (a) restore the Property to its condition prior to the violation or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. Page 7 If the condition described in clause (b) above occurs, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. Grantor shall discontinue any activity on or use of the Property which could be reasonably expected to increase or expand the alleged violation after receipt of such alleged violation notice and until such matter is resolved as provided herein. In the event mediation fails to resolve such dispute within sixty (60) days following Grantor's receipt of the alleged violation notice, or by such other date as the parties may mutually agree, Grantee may, at its discretion, take appropriate legal action. If the court exercising jurisdiction with respect to the alleged violation determines that Grantor has violated the terms of this Deed, then Grantor shall reimburse Grantee for its reasonable costs and attorneys' fees to successfully enforce and compel Grantor's compliance with the terms of this Deed. In addition, any costs to restore the Property's Conservation Values necessitated by such violation by Grantor shall be borne by Grantor. If, however, Grantee does not prevail in its attempted enforcement of this Easement in connection with the alleged violation by Grantee, then Grantee shall reimburse Grantor for its reasonable costs and attorneys' fees to successfully defend against such attempted enforcement. In the event of a perceived threat of immediate and irreparable substantial harm to or impairment of the Property's Conservation Values, Grantor may request a court of competent jurisdiction to issue a temporary restraining order, preliminary injunction or permanent injunction to cure such alleged violation. Any relief granted pursuant to this provision and issued via an ex parte order may not be permanent in nature, but shall be a temporary restraining order only. ,-. A PiwerY 10. COSTS OF ENFORCEMENT. Any costs incurred by, Gr-antioa in seeking to enforce the terms of this Conservation Easement against Grantor, including, without limitation, cV. costs of suit and attorneys' f es and any costs of restora- tion necessitated by G violation of the terms of L' , --1 .t: 111 this Conservation Easement, shall be borne byOrantel -4_ a court with jurisdiction determines that Grantee cted c:' in bad faith in seeking to enforce this vation --- /..i Easement or was not entitled t• part of the requested _1:16 enforcement, in whic Grantor's costs of suit, n ---,4 Z including -.* limitation, attorneys' fees, shall be el. b. .- . Grantee. Z 'Rs b --Z 11. GRANTEE'S DISCRETION. Enforcement of the terms of this Conservation Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any Page 8 breach of any term of this Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No failure of Grantee to discover a violation or delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 12. ACTS BEYOND GRANTOR'S CONTROL. Anything contained herein to the contrary notwithstanding, Grantee may not bring any action against Grantor for, or otherwise pursue or enforce against Grantor any of the rights or remedies set forth in this Deed for, and Grantor shall have no responsibility or liability under this Conservation Easement for or with respect to any impacts on the Property's Conservation Values which may result from (i) causes beyond Grantor's control, including, without limitation, unintentional fires, storms, floods, natural earth movement or other Acts of God, or the actions of trespassers, or (ii) Grantor's reasonable actions in response to an emergency. Either party may, however, in its own name as holder of title to the Property or the conservation easement interest created by this Deed, bring appropriate actions against third parties for their actions which result in any material damage to or impairment of the Property's Conservation Values; provided, however, that any such action shall be at the instigating party's sole expense and without cost or liability to the other party, and the instigating party shall indemnify and hold the other party harmless in connection therewith. 13. TRANSFER OF EASEMENT. With the prior written approval of Grantor, which shall not be unreasonably withheld, Grantee shall have the right to transfer the Conservation Easement created by this Deed and assign its rights and obligations hereunder to any public agency or private nonprofit organization that, at the time of transfer, is a "qualified organization" under Sec. 170(h) of the U.S. Internal Revenue Code, and under Colorado Revised Statutes Secs. 38-30.5-101, et sec. and only if the assignee agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Conservation Easement. If Grantee ever shall cease to exist or no longer qualifies under federal or state law, a court with jurisdic- tion shall transfer the Grantee's rights and obligations under this Conservation Easement to another qualified organization having similar purposes that agrees to assume the responsibility. 14. TRANSFER OF THE PROPERTY. Any time the Property is to be the subject of a permitted transfer by Grantor to Page 9 any third party, Grantor shall notify Grantee in writing, and the document of conveyance shall expressly refer to this Conservation Easement. The failure of Grantor to comply with this notice requirement will not invalidate the conveyance (provided the conveyance complies with the provisions hereof), but the third party grantee shall nevertheless be bound by the provisions hereof relating to the rights and obligations of the Grantor herein. 15. TERMINATION OF EASEMENT. If a court with jurisdiction determines that conditions on or surrounding the Property change so much that it becomes impossible to maintain any significant amount of the Conservation Values intended to be preserved by this Conservation Easement, the court, upon application of either Grantor or Grantee, may terminate the easement created by this Deed. 16. ACCESS. Nothing herein contained shall be construed as affording the public or any third party access to any portion of the Property. Grantor reserves the right, as owner of the Property, to grant access to the Property to third parties consistent with the terms of this Deed, Grantee's rights hereunder, and the protection and maintenance of the Property's Conservation Values. 17. AMENDMENT. In the event of unexpected circumstances that render an appropriate amendment to or modification of the terms of this Conservation Easement necessary or desirable to preserve or enhance its purposes, Grantor and Grantee may amend this Conservation Easement by means of a written instrument signed by each of them, provided that no such amendment shall be made that shall (a) adversely affect the status of the easement as a "qualified conservation" easement and its contribution by Grantor as a "qualified conservation" contribution within the meaning of Section 170(h) of the Code; (b) adversely affect the status of Grantee as an organization eligible to hold conservation easements under all applicable laws, including Colorado Revised Statutes, Secs. 38-30.5-101, et seq. and Section 170(h) of the Code; (c) be inconsistent with the purposes of this Conservation Easement; or (d) affect the perpetual duration of this Conservation Easement. 18. JURISDICTION. Any mediation or arbitration concerning this Conservation Easement shall take place in Larimer County, Colorado. If a court action, it will take place in the United States District Court for the District of Colorado, provided federal jurisdiction is present. Grantor and Grantee consent to personal jurisdiction in Larimer County, Colorado. 19. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of Colorado, resolving any Page 10 ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 20. PERPETUAL DURATION. The Conservation Easement created by this Deed shall be a servitude running with the land in perpetuity. This Deed shall be recorded in the real property records of Larimer County, Colorado promptly following its execution and delivery. Every provision of this Deed that applies to Grantor or Grantee shall also apply to and shall inure to the benefit of their respective agents, heirs, personal representatives, executors, administrators, assigns and all other successors as their interests may appear. 21. NOTICES. Any notices required by this Deed shall be in writing and shall be personally delivered to or sent by certified mail, return receipt requested, to Grantor and Grantee respectively at the following addresses, or at a subsequent changed address if a party has been notified in writing by the other party of such a change of address: GRANTOR: Elizabeth K. Hughes 2041 Devils Gulch Road Estes Park, CO 80517 GRANTEE: Estes Valley Land Trust P.O. Box 663 Estes Park, CO 80517 22. GRANTOR'S TITLE WARRANTY. Grantor warrants that she has good and sufficient title to the Property as herein described, free and clear of all liens and encumbrances, subject to restrictions, easements and covenants of record, and hereby promises to defend title to the Property against all claims that may be made against the same by any person claiming by, through, or under Grantor. 23. ACCEPTANCE. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Conservation Easement. 24. GENERAL PROVISIONS. (a) Entire Agreement. This Deed sets forth the entire agreement and understanding of the parties with respect to the Conservation Easement and supersedes all prior agreements, arrangements and understanding relating to the Conservation Easement, all of which are merged herein. (b) Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this \\ Page 11 Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (c) Captions. The captions in this Deed have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (d) Counterparts. The parties may execute this Deed in two counterparts that shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it; both counterparts, when taken together, shall constitute this Deed. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 25. AUTHORIZATION. Grantee is authorized to accept and enter into this Conservation Easement by virtue of a resolution adopted by its Board of Directors on the 14th day of November, 1998. TO HAVE AND TO HOLD this Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of Conservation Easement, to be effective as of the day and year first above written, notwithstanding the actual date of execution. GRANTOR: lc &FL ELIZ T K. HU HES GRANTEE: ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation td •;.';. giw c ecz !al,°;ary' "•14550.-A ; E- President Page 12 Witness my hand and official seal. Notary Public STATE OF O_OLottINDO ) ss: COUNTY OF Likil-+Tv0aCk ) The foregoing instrument was acknowledged before me this Ri-VN day of INJoyer,Ace,s.7 , 1998 by Elizabeth K. Hughes. My commission expires: loco STATE OF COLORADO ) ss: COUNTY OF LARIMER )41 The foregoing instrument was acknowledged before me --qz:!this /eV day of 4,49145W872._ , 1998 by JWV40 V. ZWITir EN7Preirdent, and by ,(6,4,46v,,/),emikv, asA Secretary, or Estes Valley Land Trust, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: J 21)1 2-C)0 Page 13 EXHIBIT A TO DEED OF CONSERVATION EASEMENT FROM ELIZABETH K. HUGHES TO ESTES VALLEY LAND TRUST The following described real property situate in the County of Larimer, State of Colorado, to wit: Beginning at the Northwest corner of Section 17, Township 5 North, Range 72 West of the 6th P.M. 0 thence North 89 33'East 1037.5 feet, 0 thence South 11 09'West 368.6 feet, 0 thence South 01 24'West 719.5 feet, 0 thence South 10 26'West 391.8 feet, 0 thence South 28 56'West 901.5 feet, 0 thence South 42 53'West 789.1 feet, 0 thence North 01 00'East 187.8 feet to the West quarter corner of said Section 17, 0 thence North 39 06'West 753.16 feet, 0 thence North 01 58'East 742.5 feet, 0 thence South 89 09'East 495.00 feet, 0 thence North 01 58'East 1317.4 feet to beginning. Said premises being located in the West Half of the West Half of said Section 17, Township 5 North, Range 72 West of the 6th P.M. and in the East Half of the Southeast Quarter of the Northeast Quarter of Section 18, Township 5 North, Range 72 West of the 6th P.M., containing in all 60.50 acres more or less. Together with all appurtenances thereunto belonging and more particularly any right or rights which Grantor has or may have to that certain spring and the use thereof, known and described as the "Tulley Spring", which said spring is located at a point whence the East Quarter Corner of Section 18, Township 5 North, Range 72 West of the 6th P.M., bears South 13035'W. 1717.86 feet, and which said spring is more particularly described in map and statement of claim filed on December 5, 1934, in the offices of the Clerk and Recorder of Larimer County, Colorado, being filed No. 1117, together with all of Grantor's right, title interest, claim and demand in and to Grantor's claim of priority right to the use of waters of said spring as evidenced and claimed by Grantor in and to statement of claim and map hereinabove referred to. 2041 Devils Gulch Road, Estes Park, Colorado. Owner Centennial Hills Amen 'Iat APO - Throne.xls Owner II Address City ST Zip Mary Sloan & Vivian McCullough 3124 S Columbine St Denver CO 80210 Michael & Linda Streck 816 55th St West Des Moines IA 50266 Scott Stewart 700 Lake Shore Rd Grafton WI 53024 Donale & Susan Lowe 3175 Little Valley Rd Estes Park CO 80517 Little Valley Rd, LLC Po Box 163 Crested Butte CO 81224 Eric & Inga Throne 2969 Little Valley Rd Estes Park CO 80517 Jeffrey & Susan Hancock 179 Centennial Dr Estes Park CO 80517 Br .9 min & Christina Kraft PO Box 4430 Estes Park CO 80517 Ja. & Patricia Pickering 104 Blue Valley Dr Estes Park CO 80517 George & Carol Sykes 77 Centennial Dr Estes Park CO 80517 Bruce & Shirley Barrow 92 Centennial Dr Estes Park CO 80517 James & Nina McGibney 6875 Estes Dr Arvada CO 80004 Vesy Revocable Trust 13343 Paintbrush Dr Sun City West AZ 85375 Robert & Marcia Christopher 2947 Little Valley Rd Estes Park CO 80517 David & Cynthia Standerfer 28 Centennial Dr Estes Park CO 80517 Kirk & Nina Miller PO Box 2274 Estes Park CO 80517 Centennial Hills Amended Plat APO - Throne.xls Lot 2, Centennial Hills Subdivision Amended Plat Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: November 17, 2015, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is an Amended Plat application for Lot 2, Centennial Hills Subdivision to amend the current platted building envelope. Also, there is a request for a Minor Modification to encroach into a setback. STAFF OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide a recommendation to the Planning Commission LOCATION: 2969 Little Valley Road, within the unincorporated Estes Valley. OWNER/APPLICANT: Eric Throne CONSULTANT/ENGINEER: Primary Contact: Lonnie Sheldon, Van Horn Engineering STAFF CONTACT: Audem Gonzales, Planner I REPORT SUMMARY: This report describes a request to amend a plat which will expand the platted building envelope and encroach into the required 50-foot setback for the RE Rural Estate zone district. The applicant applied for a variance to build a garage in the required setback in late 2014. It was discovered that there was a platted building envelope that did not allow for this variance to be approved. The plat would be required to be amended to accomplish the new construction at this location. Staff reviewed this amended plat application and minor modification request for compliance with the Estes Valley Development Code and Estes Valley Comprehensive Plan and finds the application will comply with applicable regulations. Therefore, staff recommends approval of the application. SITE DATEA TABLE: Surveyor: Van Horn Engineering (Lonnie Sheldon) Parcel Number: 24063-21-002 Development Area: Approx. 2.89 acres Existing Land Use: Single-family home Proposed Land Use: Single-family home with attached 2 vehicle garage Zoning Designation: RE Rural Estate (single-family residential district, 2.5-acre minimum lot size) Adjacent Zoning: East: RE Rural Estate North: RE Rural Estate West: RE Rural Estate South: RE Rural Estate Adjacent Land Uses: East: Single-family residential North: Single-family residential West: Single-family residential South: Single-family residential Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District PROJECT DESCRIPTION & REVIEW PROCESS: This is a request to amend a plat in order to build a garage at a location that currently does not allow a building to be built. This application package includes: Subdivision Review (§3.9): The purpose of the subdivision review process is to ensure compliance with the subdivision standards and provisions of this Code, while encouraging quality development in the Estes Valley reflective of the goals, policies and objectives found in the Comprehensive Plan. Amended Plat applications are considered a Minor Subdivision for review purposes. Decision Making Body: Board of County Commissioners Minor Modification (§3.7): The EVPC may grant a Minor Modification up to a maximum of 25% from certain zone district standards, provided that the Commission finds that such a modification advances the goals and purposes of the EVDC, and either results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site. Decision Making Body: Estes Valley Planning Commission REVIEWING AGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns have been expressed by reviewing agencies. Memos are included as part of this staff report. R Estes Valley Planning Commission, November 17 2015 Page 2 of 6 3 Lot 2, Centennial Hills Subdivision — Amended Plat Larimer County Engineering Department email dated October 13, 2015 PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. As of November 4, 2015, no formal written comments have been received for this application package. Written comments will be posted to www.estes.orq/currentapplications if received after November 4th and summarized in the staff presentation. STAFF REVIEW: Present Situation: Lot 2 is developed with a single-family home built in 1983. The site generally slopes from the west down to the northeast, with about 50 feet change in elevation. Drainage on the lot follows the slope into the East Fork of Fish Creek. There is an existing gravel driveway and turnaround that serve Lot 2 and the existing single-family home. This driveway allows access to the home from Little Valley Road. Proposal: Amend the platted building envelope for Lot 2. Lot 2: The envelope change to Lot 2 would reduce the current setback on the south property line for approximately 20 linear feet from 50' to 42'2". Zone district setbacks allow for encroachment by eaves, overhangs, decks and patios. The request would provide additional building area to the southeast of the existing home that would allow for the proposed garage addition. The proposal would not eliminate any existing trees. The applicant wishes to retain a 24" ponderosa located near the south property line as well as a 10" spruce located to the south of the garage proposal. These trees are shown on the submitted preliminary plat. The gravel driveway and parking area are existing and will not be increased with this proposal. The garage addition will be built over a large portion of the parking area. The envelope change to Lot 2 would retain the same platted setback from the north, east, and west property lines. The change would widen the building envelope by a maximum of 7'10" on the south; with the actual building encroaching 3'8" into the 50-foot setback. Staff recommends approval of this request to change the building envelope for Lot 2, Centennial Hills Subdivision. Estes Valley Planning Commission, November 17 2015 Page 3 of 6 Lot 2, Centennial Hills Subdivision — Amended Plat Subdivision: §3.9.E: All subdivisions must demonstrate compliance with the standards and criteria set forth in Chapter 10 "Subdivision Standards," and all other applicable provisions of this Code. Section 10.5.B.1 Compliance with Zoning Requirements requires subdivisions comply with Zoning Development Standards outlined in Chapter 4. Residential Zoning Districts: Section 4.3.C.4 Table 4-2 Base Densities and Dimensional Standards Residential Zoning Districts requires certain minimum lot standards for any lot within a specific district. Specific standards for the RE district include: Minimum lot area of 2.5 acres. 1.% Minimum front, side and rear property line building/structure setbacks to be 50 feet. Grading and Site Disturbance Standards: The proposed plan is in compliance with general grading standards such as limits on raising/lowering natural grade. The plan attempts to minimize site disturbance by proposing a building over an existing paved driveway/parking area and avoiding steep slopes north of the existing home. The plan also is designed to preserve existing trees located near the proposed building. Comprehensive Plan: The site is located within the Mary's Lake/Carriage Hills planning area, which anticipates a wide-range of land uses, including core commercial areas and rural development. There are no identified issues that affect this property. Staff has evaluated the proposed development for compliance with Community-Wide Policies set forth in Chapter Six of the comprehensive plan. Because the request is only to amend the building envelope, staff focused on Scenic and Environmental Quality policies. Staff has found no adverse effects that would be created by this request in regards to Scenic and Environmental Quality. Minor Modification. The applicant has requested the following Minor Modification: Standard EVDC Section Decision-Makin • Bod Encroachment into 50-foot setback 4.3.4, Table 4-2 Planning Commission EVDC Section 4.3.4, Table 4-2 requires the following: Minimum Building/Structure Property Line Setbacks: Front=50ft Side=50ft Rear=50ft The intent of these RE zone district standards was established to permit relatively love density single-family residential development where this is the established and predominant land use pattern. Larger setbacks encourage rural residential development and are used as an open space conservation technique. Estes Valley Planning Commission, November 17 2015 N. Lot 2, Centennial Hills Subdivision — Amended Plat Page 4 of 6 The proposed site plan is required to provide setbacks of 50 feet around the entire property. A decrease of up to 25% per the Minor Modification allowance noted above, would decrease the setback to 37'6". The applicant is only asking for a Minor Modification that would decrease the setback to 422". Staff has identified a policy of the Comprehensive Plan for the Commission to consider with this decision: Community Wide Policies 2.2 Located and design buildings to fit the land. Avoid excessive cuts and fills by stepping buildings down sloping sites. The Commission needs to make one of the following findings, should you wish to approve the request: 1. The modification advances the goals and purposes of the Estes Valley Development Code; 2. The modification results in less visual impact; 3. The modification results in more effective environmental and open space preservation; or the modification relieves practical difficulties in developing a site. STAFF FINDINGS: Based on the foregoing, staff finds: 1. This amended plat application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission. The Planning Commission is the Recommending Body, the Board of County Commissioners are the Decision-Making Body. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing staff, referred to in this staff report, are incorporated as staff findings. 3. Amending the building envelope for Lot 2 would not compromise the intent of the original subdivision approval. 4. The requested Minor Modification concerning the 50 foot setback results in relief from a practical environmental difficulty in developing the site. RECOMMENDATION: Staff recommends APPROVAL of the proposed Amended Plat. Subject to the following conditions: 1. Minor Modification approval for the building setback Estes Valley Planning Commission, November 17 2015 Page 5 of 6 Lot 2, Centennial Hills Subdivision Amended Plat SAMPLE MOTIONS: I move to recommend APPROVAL (or denial) of the "Centennial Hills Subdivision Amended Plat, Lot 2, as described in the staff report, with the findings and conditions recommended by staff. (This is a Planning Commission recommendation to the Board of County Commissioners). NOTICE: Within sixty (60) days of the Board's approval of the plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. Attachments: 1. Vicinity Map 2. Reviewing Agency Comments 3. Statement of Intent 4. Application 5. Plats 2 Estes Valley Planning Commission, November 17 2015 Page 6 of 6 Lot 2, Centennial Hills Subdivision — Amended Plat 4 [I) ESTES PARK COLORADO Town of Estes Park Community Development Vicinity Map 77 179 2947 RE 3011 2970 Ci cr 3175 3229 3220 cc 0 a_ Site - v Oe Vicinity Map Printed: 11/3/2015 Created By: Audem Gonzales 1 in = 125 ft MININI1=1 0 60 120 Feet I= Subject Property Parcels-Larimer Proiect Name: Lot 2, Centennial Hills Subdivision Amended Plat Proiect Description: Amend building envelope Petitioner(s): Eric Throne A Town Boundary Town of Estes Park Mail - Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Lot ... Page 1 of 2 Audem Gonzales <agonzales@estes.org> Fwd: REFERRAL FOR COMMENT: FINAL REVIEW - Lot 2, Centennial Hills Subdivision, 2969 Little Valley Road - Building Envelope Adjustment Karen Thompson <kthompson@estes.org> Mon, Oct 12, 2015 at 1:17 PM To: Audem Gonzales <agonzales@estes.org> Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org ------- Forwarded message ----- From: Traci Shambo <shambotl@co.larimer.co us> Date: Mon, Oct 12, 2015 at 12:57 PM Subject: Re: REFERRAL FOR COMMENT: FINAL REVIEW - Lot 2, Centennial Hills Subdivision, 2969 Little Valley Road - Building Envelope Adjustment To: Karen Thompson <kthompson@estes.org> Cc: etthrone@yahoo corn, chrisvhe@airbits.com Karen - Larimer County Engineering has no concerns with the proposed request. On Fri, Oct 9, 2015 at 3:04 PM, Karen Thompson <kthompson@estes.org> wrote: Attached please find the guidelines for commenting on the FINAL REVIEW for the project listed above. Also attached are the documents for your review. Final comments concerning this project are due on or before Friday, October 23, 2015. Please be sure to include the owner, Eric Throne (etthrone@yahoo.com) and the applicant, Chris Beatty (chrisvhe@airbits.com) on your comments. Let me know if you have any questions. Thank you. Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org Traci Shambo, P.E. Larimer County Engineering Department httns://mail. ioodle.com/mai 1/?ui=2 &i k=c0a7e0f5 3 3 &view=pt&crreferral &q s=true& searc 11 /4/20 1 5 LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING , +0; ;:,‘' 11a r v 11. ,01•WV • • • VAN HORN ENGINEERING AND SURVEYING sh1 • y.„ .7/ *-7 October 06, 2015 Subject Property: Lot 2, Centennial Hills Subdivision, County of Larimer, State of Colorado (Parcel # 24063-21-002) • Lot size: 2.89 acres Statement of Intent: The owner is proposing to build an attached, 2 vehicle garage on the eastern side of the existing house. The intent of this application is to adjust the building envelope established in the Final Plat of the Centennial Hills Subdivision (Recorded: Book 1961 Page 935) so that an attached garage can be built. The proposed location for the garage addition is not to encroach upon the 50 foot wide drainage and utility easement that runs generally with the creek nor will it encroach upon the typical 10 foot wide utility easement along the subject property's boundary. The proposed adjustment to the setback/building envelope is less than 25% of the current 50' setback and building envelope. Therefore, we request a Minor Modification to building setbacks As stated on the Amended Plat, the subject lot is not within a Geological Hazard Area and therefore, no mitigation plan for this project was created. The proposed area of the garage is 524 ft2 , a proposed 62 ft2 of the current building envelope (7.8' into the current 50' building envelope setback), with the majority of the footprint to be located over the current parking area and driveway (gravel). This building location ensures minimal impact to wildlife habitat and minimal grading. Site staking has not been completed. An outline of the proposed building envelope adjustment and points can be staked. Please call 24 hours in advanced to have the proposed adjustments to the southeasterly property line staked. Lonnie A. Sheldon Reg. P.E. and P.L.S. #26974 1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: vhe@airbits.com ESTES VALLEY DEVELOPMENT REVIEW APPLIC. . ION Submittal Date: 111111.....011110 r''''"-•-•""" Type of Application r Development Plan 3 Special Review 3 Rezoning Petition • Preliminary Subdivision Plat I— Final Subdivision Plat Minor Subdivision Plat if Amended Plat r Boundary Line Adjustment 3 ROW or Easement Vacation 3 Street Name Change 3 Time Extension 3 Other: Please specify Condominium Map 3 Preliminary Map 3 Final 3 Sup Jk :: 2 "' 41.1.1111111111111 General Information Project Name Project Description Project Address Legal Description Parcel ID # Site Information Throne, Eric & In •a Buildin• Envelope Aclustment Amended Plat/Building Envelope Adjustment for garage 2969 Little Valle Rd. Estes Park CO, 80517 Lot 2 Centennial Hills 24063-21-002 Existing Land Use Residential Proposed Land Use Residential Existing Water Service Town E Well r None r Other (specify) Proposed Water Service r Town r Well Wir None r Other (specify) Existing Sanitary Sewer Service r EPSD Tie UTSD I— Proposed Sanitary Sewer Service P EPSD 1.-- UTSD P Is a sewer lift station required? r Yes r No Existing Gas Service r Xcel r Other 11 None Existing Zoning RE Proposed Zoning RE Site Access (if not on public street) Area of Disturbance in Acres 0.03 Lot Size 3.08 Septic r Non Septic Are there wetlands on the site? r Yes No Site staking must be completed at the time application is submitted. Complete? r Yes 1/No Primary Contact Information Name of Primary Contact Person Chris Beatt Complete Mailing Address chrisvhe • airbits.com Primary Contact Person is • Owner I— Applicant Consultant/Engineer Attachments 3 Application fee rfil Statement of intent 3 copies (folded) of plat or plan riff 11" X 17" reduced copy of plat or plan Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park -6 P.O. Box 1200 170 MacGregor Avenue -6 Estes Pork, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment Revised 2013.08.27 KT Eric Throne Record Owner PLEASE PRINT; Eric Throne Applicant PLEASE PRINT .' ontact n ormatio Record Owner(s) Mailing Address Phone Cell Phone Fax Email Eric Throne 2969 Little Valley Rd Estes Park, CO 80517 970-586-3203 512-659-3788 N/A etthrone@yahoo.com Applicant Mailing Address Phone Cell Phone Fax Email Eric Throne 2969 Little Valley Rd Estes Park, CO 80517 970-586-3203 512-461-1049 N/A etthrone@yahoo.com Consultant/Engineer Mailing Address Phone Cell Phone Fax Email Chris Beatt 1043 Fish Creek Rd. Estes Park CO 8 1 970 586-9388 720 254-4346 referred method of contact n/a chrisvhe airbits.com APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/ComDev/Schedules&Fees/PlannineApolicationFeeSchedule.odf All requests for refunds must be made in writing. All fees are due at the time of submittal. Signatures: Record Owner Applicant 7/21/2015 Date Date 7/21/2015 MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Revised 2013.08.27 KT PPLICANT CERTIFICATION ► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://www.estes.oro/ComDev/DevCode Is I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. ► I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT: Eric Throne Applicant PLEASE PRINT: Eric Throne Signatures: Record Owner Applicant 6,12„ tif Date 7/21/2015 Date 7/21/2015 Revised 2013.08.27 KT Centennial Hills Amended Plat APO - Throne.xls Owner Owner II Address City ST Zip Mary Sloan & Vivian McCullough 3124 S Columbine St Denver CO 80210 Michael & Linda Streck 816 55th St West Des Moines IA 50266 Scott Stewart 700 Lake Shore Rd Grafton WI 53024 Donale & Susan Lowe 3175 Little Valley Rd Estes Park CO 80517 Little Valley Rd, LLC Po Box 163 Crested Butte CO 81224 Eric & Inga Throne 2969 Little Valley Rd Estes Park CO 80517 Jeffrey & Susan Hancock 179 Centennial Dr Estes Park CO 80517 Br 'lmin & Christina Kraft PO Box 4430 Estes Park CO 80517 Jo. ±s & Patricia Pickering 104 Blue Valley Dr Estes Park CO 80517 George & Carol Sykes 77 Centennial Dr Estes Park CO 80517 Bruce & Shirley Barrow 92 Centennial Dr Estes Park CO 80517 James & Nina McGibney 6875 Estes Dr Arvada CO 80004 Vesy Revocable Trust 13343 Paintbrush Dr Sun City West AZ 85375 Robert & Marcia Christopher 2947 Little Valley Rd Estes Park CO 80517 David & Cynthia Standerfer 28 Centennial Dr Estes Park CO 80517 Kirk & Nina Miller PO Box 2274 Estes Park CO 80517 Centennial Hills Amer, Plat APO - Throne.xls /( I - RANGE 72 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO so• RANT-Of-my FOR LIME PALLEY MAO (LOCATOR GN TIE PLAT OF CENTENINL HILLS SuBOWSION ba LOT _I CENTENNIAL HILLS SUB. 50' Smoma AN4 Trutt EASEMENT (CENINNIAL HALS SUINARSKIN REEEprar /5123941 ifLOY—NTRA7A.M2- eOuNDARy NALAn 077,17) (pER coNNyv r°1110Kr.,41t----- • • • 0,*9 (6-01231'042-) (0-205.00) (0.345.33") (01.56.56..30N0 (1-305.92) / / / / / / / / / / / / / / / HY num Essmato (INNEAL) la:Lk CENTENNIAL HILLS SUB. 2.89 ACRES (2.897 Ac NET) Exescw ROOK wALL TO BE KM TO POCCIAMOOATEHysufcaRa GARAGE LOCATION10.24' WATER LNE (NOTE E0A01 LOCATOR LINATORN) I AT 3 CENTENNIAL HILLS SUB. OUND /4 RENO PM] ILLEGIBLE PI 'TIC CAP ku; STING DRIVEWAY AN0 AROUND AREA DETAIL MAP 1--tv 10. VE11.0, EASERADO (FMCAL) (m1345'29) (R.265.02') (0-6.363) (EH-He49'04.1) (1.63.48) ;.,-. S 5 NO 04 NEN. nANTC c4+ 4.99 LocANN Of EAST FORK OF USN CREEK. FROM NttONIETRY DAMNS P01( 16) 10' MUD.. EASEMENT (TYoCAL) fumy. ENVELOPE COMMA HILLS Suedv6.0N RECEPTION 0312390 ELEGIRIC/SEVER/PHONE LOCATED RI THE SAME NOAH SCALE •- 30' 10 60 3 00 PO SURVEYOR'S NOTES .- I. ROOKY NOLINTAN ESCROW & NILE INC. TITLE COMMITMENT NUMBER 003364-15. DATED JUNE 30, 2015 WAS USED FOR THE LEGAL DESCRIPTION FOR PARCEL NUMBER 24063-21-002. 2. SCHEDULE B ExCEPTION NUMBER 8, COLuirtmENT LOOSER RA13392-15 MENTIONS A UTILITY EASEMENT, RECORDED IN BOOK 2074 PAGE 95. SAD EASEMENT DOES NOT FALL WITHIN THE SUBJECT PROPERTY ROD IS THEREFORE NOT SHOWN/PLOTTED ON THIS AMENDED PLAT. 3. ALL LOTS ARE ALLOWED TO CONSTRUCT A DETACHED OR ATTACHED PRIVATE GARAGE FOR NOT MORE THAN THREE VEHICLES (REFER TO RECEPTION 1 81039740, LAND USE AND BUILDINGS SECTION (A) FOR MORE CETATLS) 4. THE PURPOSE OF THIS AMENDED NAT IS 70 MODIFY THE BUILDING ENVELOPE ALONG THE SOUTHEASTERLY LOT UNE (LOT 2 OF CENTENNIAL HILLS SUBDIVISION) IN ORDER TO ADD AN ATTACHED GARAGE TO THE HOUSE. 5. THIS LOT IS ZONED RE (RURAL ESTATE). THE PRESCRIBED SETBACKS FOR THIS ZONING ARE 50 FEET ALONG ALL LOT LACS, (DUELING ENVELOPE FROM PLAT GOVERNS). 6. THE EAST FORK OF FISH CREEK WAS NOT A PART OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THEREFORE NO FLOODPLNN IS SHOWN ON THIS AMENDED PLAT. THERE ARE ALSO NO WETLANDS WITH THE CONSTRUCTION AREA OF THE SUBJECT PROPERTY. 7. THERE ARE NO GEOLOGICAL HAZARD AREAS ON THE SUBJECT PROPERTY AS PER THE ESTES VALLEY DEVELOPMENT GEOLOGICAL HAZARDS MAP. D. THE OWEILING LOCATED ON THE SUBJECT PROPERTY IS ON SEWER AND WATER (NOT A SEPTIC SYSTEM AND WELL). THIS PROPERTY IS NOT HOOKED UP TO CAS 9 BECAUSE THE PROPOSED GARAGE LOCATION IS ABOVE THE HISTORIC ORNEWAY THE CONSTRUCTION OF THE GARAGE WILL HAVE NO SIGNIFICANT ADVERSE IMPACTS ON WILDUFE 10. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANT DEFECT IN THIS SURVEY WITHIN THREE YEARS OF THE DATE YOU FIRST DISCOVER SUCH DETECT IN NO EVENT MAY ANY ACTION :BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE CERTIFICATION DATE SHOWN HEREON. ARDEND ID CLEANOUTS UGHT POLE LOVING MAJOR CONTOURS EXISTING MINOR CONTOURS —6600— PROPOSED MA/OR CONTOUR PROPOSED MINOR CONTOUR WATER LINE (NOTE: ELECTRIC AND PHONE IN THE SAME TRENCH) WATER UNE SPRUCE TREE •,20F' PONDEROSA TREE 0.)(X. O FOUND mONUMENTATION 00.00 MEASURED DIMENSIONS (0am) PLATTED DIMENSIONS VICINITY MAP APPROXIMATELY 1`-200' 8 PRELIMI\ ARY AME\DED PLAT 0 ye ye OF LOT 2 OF THE CENTENNIAL HILLS SUBDIVISION, LOCATED IN THE SOUTHWEST 1 /4 OF SECTION 6, TOWNSHIP 4 NORTH, DEDICATION KNOW ALL LIEN BY THESE PRESENTS THAT ERIC THRONE AND INCA THRONE. BEING 1HE OWNERS OF THAT PART OF THE SOUTHWEST QUARTER OF SECTION 8. TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6TH PAL, TANNER COUNTY. STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO INT: LOT 2, OF THE CENTENNIAL HILLS SUBDIVISION; CONTAINING 2.89 ACRES MORE OR LESS: NAVE BY THESE PRESENTS CAUSED THE SAME 10 BE SURVEYED MD THE BUILDING ENVELOPE MODIFIED AS SHOWN AND DO HEREBY RESERVE PERPETUAL EASEMENTS FOR CRMNAGE AND IFITUTIES AS ME LAO OUT AND DESIGNATED ON THIS NAT, WITNESS OUR HANDS AND SEALS THIS DAY OF 2015. ERIC THRONE (OWNER) PIGA THRONE (OWNER) STATE OF COLORADO) )55 COUNTY Of LARIMER) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2015 BY ERIC THRONE ANO INCA THRONE WITNESS MY HAND AND OPTICAL. SEAL PROJ. NO. 2013 -II •-25 SHEET 1 OF 1 CHECKED BY: LAS SCALE VARIES DATE: 10/06/2015 DRAWN BY: CUB PRELIMINARY AMENDED PLAT NOTARY PUBLIC MY COINNSSTON EXPIRES bARIMER COUNTY COMMISSIONERS' APPROVAL APPROVED SY THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS THIS DAY OF 2015. ALL DEDICATIONS ARE HEREBY ACCEPTED ON BEHALF Of THE PUBLIC THIS APPROVAL 00E5 NOT CONSTITUTE ACCEPTANCE OF RESPONSIBILITY BY THE COUNTY FOR CONSTRUCTION. REPAIR OR MAINTENANCE OF ANY STREETS. HIGHWAYS. ALLEYS, BRIDGES, RIGHTS-OF-WAY OR OTHER IMPROVEMENTS DESIGNATED ON THIS AMENDED PLAT- CHAIRMAN ATTEST: CLERK OF THE BOARD (STATE OF COLORADO) APPROVAL OF SURVEY PLAT: THIS FINN PLAT HAS BEEN REVIEWED AND IS HEREBY APPROVED AS TO FORM AS COMPLYING WITH ALL CURRENT SURVEY REOUIREMENTS OF LARIMER COUNTY MO OF STATE LAW PERTANING TO PLATTING AND MONUMENTATION THIS APPROVAL CONSTITUTES NEITHER A WARRANTY BY LOWER COUNTY CONCERNING SUCH COMPLLANCE. NOR A RELEASE OR INDEMNITY OF THE SUBOMOER AND NIS SURVEYOR CONCERNING ANY NONCOMPLIANCE OF THIS PLAT WITH CURRENT SURVEY REQUIREMENTS DATE. COLORADO P.L.S. NO LARIMER COUNTY ENGINEERING DEPT. (NAME) THE SUBJECT LOT IS SUBJECT 70 THE SAME RESTRICTIONS, COVENANTS. AND REGULATIONS AS SET FOURTH IN THE PLAT OF RECORD OF OENTENNAL HILLS SUBDIvISION. SURVEYOR'S CERTIFICATE. I, LONNIE A SHELDON. A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY CERTIFY DAT THIS AMENDED PLAT OF LOT 2 OF THE CENTENNIAL HILLS SUBDIVISION. LOCATED N THE SW 1/4 Cl SECTION 6, TON, R721y Of THE 61H P.M., COUNTY OF LARNER, STATE OF COLORADO, TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE EN ME OR UNDER MY DIRECT SUPERMSTON LONNIE A. SHELDON REG LAND SURVEYOR .28474 DEARING STATEMENT: BASIS OF BEARINGS FOR THIS AMENDED PLAT IS THE NORTH LINE Of LOT 2 OF THE CENTENNIAL HILLS SUBDNISION. LOCATED IN THE SW 1/{ OF SECTION 6, TOWNSHIP 4 NOFNH. RANGE 72 WEST. Of THE 6TH P.M. AS BEARING N 57-18.46. E. LIOHUIRENTED AS SHOWN HEREON. NOTICEQEAMIDVAL. APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY ROUT PuRSEINIT TO ARTICLE 68 OF TITLE 24. 0.6.0 AS AMENTIED (sIGNADJRE) s 5 I suRveroR's NOTES. 1. ROCKY mOUNTAN ESCROW & TITLE, INC., TILE 000060N ENT Nu KKR 043384 -15, DATED JUNE 30, 0015 WAS USED FOR THE LEGAL DESCRIPTION FOR PARCEL NUMBER 24563-21-002, 2. SCHEDULE B ExCEPOON NUMBER 8, COANNTAAENT NUMBER 31133134 - IS MENTIONS A LAITLITy EASEMENT, RECORDED IN BOOK 2074 PAGE 95, SAID EASEMENT DOES NOT FALL WINN THE SUBJECT PROPERTY AND IS THEREFORE NOT SHOWN/PLOTTED ON THIS AMENDED PLAT. 3. ALL LOTS ARE ALLOWED TO CONSTRUCT A DETACHED DR ATTACHED PRIVATE GARAGE FOR NOT MORE THAN THREE VEHICLES (REFER TO RECEPTION 168039749, LAND USE AND BUILDINGS SECTION (A) FOR MORE DETAAS) 4. THE PURPOSE OF THIS AMENDED PLAT IS TO MODIFY THE MILDING ENVELOPE ALONG IRS SOUTHEASTERLY LOT UNE (1.0T 2 OF CENTENNIAL HIES suoomsoN) IN ORDER TO ADD AN ATTACHED GARAGE TO THE HOUSE 5. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN NIS SURVEY 100191 THREE YEARS OF THE DATE YOU FIRST 01500VER SUET DEFECT IN NO EVENT MAY ANY ACTION BASED UPON AM DEFECT IN THIS SURVEY BE COMMENCED MORE TINY TEN YEARS FRO... THE CONDICATION DATE SHOWN HEREON IFSEND O FOUND ILIONUMENTATON 00.00 MEASURED DIMENSIONS (0000) PLAITED DIMENSIONS VICINITY MAP APPROXIMATELY 1'.200' (641041'27) (BATES oS) (A.63.63') (C.446.49'04.44) (. 463 48) N 404ji 44' (.9.96.31'05-) (4.205.40) (A.34513) (CH. 46.54.3010 -305.02) 60'69 AP' os°' unure EASEMENT (TyPICAL) 1811 CENTENNIAL HILLS SUB. SC.M.E. 1 . 30 SO 90 la 6 TRUST AMENDED OLDIE 44 RFRAA Ye. ALLEGALL PLASTIC CAP 1607iSDP.ti 334 0 Il S AND BOUNDS PROPERTY OWNED BY I7ESY REY 7 rg .2 2 Op 7 LOT__I CENTENNIAL HILLS SUB. : 9.111.0140 004).0.E CENTD4RIAL NAAS SuBONSKIN 6(001100 1312394) CENTENNIAL RILLS SUB. 2.89 ACRES (2.897 AC NET) 7\ \ .7 7 \ \.' -, \ \ 'N. 0 l'''' N \ \ N \ . _\ --- -___ (S 63,30"076 93 00) N N \ _ . N - - -- - ___ ---- —N, N N N __. N 4 N. N '''‘'94. V NA, :'...'41 s N 10' UTILITY EASCMIENT oRICK) N 4 10 p„ , 0, O 10' MUTT TASE0EHT (TYPICAL) N N N DR4N47 440 Muir FASEITEMI (0000000A 1161.5 4.18745104 RECCPTON 1312394) N FOUND 84 REMIT PLASTIC CAP 6499 60' 1400-011-way TOP LITRE VALLEY ROAD DEDICAlt0 ON TAE PLO OF 00411D084L NIELS SUBOTASIOTE 1. N N FoRmial BUILDING ENVELOFT BOUTAURY LINE S14.48'573 12_11' 07111.0100 7 10.24' 4E2' .7 ND JI4 60014 WITH PuSTK CAP 8196 ID' MILAN F4 0 (Tyr1cAL) AMENDED PLAT OF LOT 2 OF THE CENTENNIAL HILLS SUBDIVISION, LOCATED IN THE SOUTHWEST 1 /4 OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO npOICATION. K NOW ALL MEN BY THESE PRESENTS THAT ERIC THRONE AND INGA THRONE. BEING THE OWNERS OF THAT PART OF THE SOUTHWEST QUARTER OF SECTON 6. TOWNSHIP 4 NORTH, RANGE 72 WEST OF THE 6TH PAC, EARNER COUNTY. STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WIT: LOT 2, OF THE CENTENNIAL HILLS SADA/SON, CONN /ANC 2.89 ACRES MORE OR LESS; NAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND THE BUILDING ENVELOPE MODIFIED AS SHOWN AND DO HEREBY RESERVE PERPETUAL EASEMENTS FOR DRA/NAGE AND WILD IES AS ME WD OUT AND DESIGNATED ON THIS PLAT. WITNESS OUR HANGS ANO SEALS THIS OAT OF 2015. ERIC THRONE (OWNER) INCA THRONE (OWNER) STATE OF COLORADO) )55 COUNTY OF LABRAER) THE FOREGOING INSTRUMENT WAS ACKNOWLEOGEO BEFORE ME 1145 DAY OF 2015 BY ERIC THRONE A140 ING4 THRONE. WITNESS MY HAND AND OFFICIAL SEAL. SEW. NO. 2023-01-25 DATE: 00/08/2005 SHEET 1 1 CHECKED ETC LAS SCALE VARIES DRAWN BY: CUB AMENDED PLA NOTARY PUBLIC MY COMMISSION EXPIRES JARIVER MINTY COMAUSS1ONERS • APPROVAL APPROVED BY THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS THIS ACCEPTED EBY ' ONOF BEHALF OF THE 40113151e 114 ALL f7P"CPROVAI! DOES NOT CONSTITUTE ACCEPTANCE OF RESPONSIBILITY BY THE cowry FOR CONSIRuCTION, REPNR OR IMINTENANCE OF ANY STREETS. HIGHWAYS. ALLEYS, BRIDGES, RIGHTS-OF-WAY OR OTHER IMPROVEMENTS DESIGNATED ON THIS AMENDED PLAT. CHAIRMAN ATTEST: CLERK OF THE BOARD (STATE OF COLORADO) APPROVAL OF SURVEY PLAT.' THIS FINAL PUT HAS BEEN REVIEWED AND IS HEREBY APPRO./ED AS TO FORM AS COMPLYING WITH ALL CURRENT SURVEY REQUIREMENTS OF LARIMER COUNTY AND OF STATE LAW PERTAINING TO PLATTING AND MONUmENTATON. THIS APPROVAL CONSTITUTES NETHER A WARRANTY BY LARIMER COUNTY CONCERNING SUCH COMPUANCE. NOR A RELEASE OR INDEMNITY OF THE SUBDIVIDER AND NIS SURVEYOR CONCERNING ANT NONCOMPUANCE OF THIS PLAT WITH CURRENT SURVEY REOUIRCIMEMS CATE' COLORADO PLS. LARIMER COUNTY ENGINEERING DEPT (NAME) THE SUBJECT LOT IS SUBJECT TO THE SALE RESTRICTIONS, COVENANTS. AND REGULATIONS AS SET FOURTH IN THE PLAT OF RECORD OF CENTENNAL HILLS SUEMNISION. $URVEYORIS CERTIFICATE: I. LONNIE A SHELDON. A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT TN15 AMENDED PLAT OF LOT 2 OF THE CENTENNIAL HILLS SUBDIASION. LOCATED IN THE Sw1/4 Of SECTION 6, 14N, 072W OF THE 6TH P.M., COUNTY OF LARAAER. STATE OF COLORADO. TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER (00 DIRECT SUPERVISION. LONNIE AL SHELDON REG LAND SUITADOR /26974 BEARING STATEMENT' BASIS OF BEARINGS FOR THIS AMENDED PLAT IS THE NORTH UNE OF LOT 2 OF THE CDNENN AL HILLS SLIONISION, LOCATED IN THE SW I/4 OF SECTION 6, TOWNSHIP 4 NORTH. RANGE 72 NEST, OF THE 6TH PAL AS BEARING N 57.10'46' E MONUMENTED AS 513040 HEREON. NOTICE OF APPROVAL APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 65 OF TIRE 24, C.R.5 AS AMENDED. (SIGNATURE) 1 Lot 26, Little Prospect Mountain Addition Amended Plat Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: November 17, 2015, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This is an Amended Plat application for Lot 26, Little Prospect Mountain Addition to amend a portion of Lot 26 to combine two separate parcels and remove the internal parcel line between them. STAFF OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide a recommendation to the Planning Commission LOCATION: 531 Highland Lane, within the Town of Estes Park. OWNER/APPLICANT: Robert Shipman CONSULTANT/ENGINEER: Primary Contact: Lonnie Sheldon, Van Horn Engineering STAFF CONTACT: Audem Gonzales, Planner I REPORT SUMMARY: This report describes a request to amend a plat which will combine two separate parcels and remove the internal parcel line between them, with the end result being a new legal lot. The applicant applied for a building permit for a new detached garage. It was found that the proposed structure would not meet setback requirements from a property line. The property line is a common property line between two separate parcels, both owned by the applicant. It was the desire of the applicant to contract Van Horn Engineering to research the division of Lot 26 and Lot 28 of the Little Prospect Mountain Addition Subdivision. It was concluded that the two parcels were in fact two separate parcels with a common boundary line between them. The plat is required to be amended to accomplish the construction of the detached garage at this location. The existing single-family home currently straddles the property line. Staff reviewed this amended plat application for compliance with the Estes Valley Development Code and Estes Valley Comprehensive Plan and finds the application will comply with applicable regulations. Therefore, staff recommends approval of the application. As of November 4, 2015, no formal written comments have been received for this application package. Written comments will be posted to www.estes.orq/currentapplications if received after November 4Th and summarized in the staff presentation. STAFF REVIEW: Present Situation: The subject property, a portion of Lot 26, Little Prospect Mountain Addition, is developed with a single-family home. The home is built over a property line, with each parcel belonging to the same owner. The site generally slopes from the south down to the northeast, with about 50 feet change in elevation. Drainage on the lot follows the slope towards the northeast. There is an existing gravel driveway that accesses the home via an access easement on the property to the south. This driveway is accessed from Highland Lane to the south. Proposal: Amend the plat to remove a common property line between the two jointly owned parcels. The common property line between the two parcels has a setback of 10-feet. The proposed detached garage would be built within that 10-foot setback. With an amendment to the plat the common property line would be removed, creating one legal lot. The garage and home would be in conformance in regards to setback requirements. The proposed area for the garage is situated at a location that would limit disturbance to the greatest extent. 8 trees would be preserved with this proposed garage location. An existing gravel driveway loop would serve the garage. Staff recommends approval of this request to amend the plat and remove the common property boundary for a portion of Lot 26, Little Prospect Mountain Addition. Subdivision: §3.9.E: All subdivisions must demonstrate compliance with the standards and criteria set forth in Chapter 10 "Subdivision Standards," and all other applicable provisions of this Code. Section 10.5.B.1 Compliance with Zoning Requirements requires subdivisions comply with Zoning Development Standards outlined in Chapter 4. Residential Zoning Districts: Section 4.3.C.4 Table 4-2 Base Densities and Dimensional Standards Residential Zoning Districts requires certain minimum lot standards for any lot within a specific district. Specific standards for the RE district include: Minimum lot area of .5 acres. Minimum front setback 15 feet, side 10 feet, rear 15 feet. 40 , Estes Valley Planning Commission, November 17 2015 Page 3 of 5 Portion of Lot 26, Little Prospect Mountain Addition — Amended Plat SAMPLE MOTIONS: I move to recommend APPROVAL (or denial) of the "Portion of Lot 26, Little Prospect Mountain Addition Amended Piat, as described in the staff report, with the findings and conditions recommended by staff. (This is a Planning Commission recommendation to the Board of Trustees). NOTICE: Within sixty (60) days of the Board's approval of the plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. Attachments: 1. Vicinity Map 2. Reviewing Agency Comments 3. Statement of Intent 4. Application 5. Plats Estes Valley Planning Commission, November 17 2015 Page 5 of 5 Portion of Lot 26, Little Prospect Mountain Addition — Amended Plat 148 144 138 128 146 122 150 157 155 156 152 160 571 HIGHLAND LN 601 275 162 I— U) O Vicinity Map BOYD LN GHLAND LN HIGH ST •<.).. LL 4 [1) ESTES PARK COLORADO Town of Estes Park rqmmunity Development Vicinity Map Project Name: Portion of Lot 26, Little Prospect Mountain Amended Plat Project Description: Consolidate ' parcels Petitioner(s): Robert Ship. 1 in = 83 ft 11•==1 0 40 80 Feet Printed: 11/4/2015 Created By: Audem Gonzales 1--1 Subject Property L.2 Town Boundary Ils-Larimer Town of Estes Park Mail - RE: 531 Highland Lane Page 1 of 1 Audem Gonzales <agonzales@estes.org> F ST; 5 ._ V. RE: 531 Highland Lane James Duell <jduell@estesparksanitation.org> Fri, Oct 2, 2015 at 3:04 PM To: "Gonzales, Audem" <agonzales@estes.org> Cc: "Thomas, Chris" <cthomas@estesparksanitation.org> Hello Audem — the District has no comment on the request for lot line removal on the Shipman property at 531 Highland Lane. Jim Duell EPSD Signature --1- 7,..ftec 11 RY n=-1-ilioal 1 12.7 n c=tri leRr cearr.h 1 0/71/2015 Town of Estes Park Mail - Re: REFERRAL FOR COMMENT: COMPLETENESS - Am... Page I of 1 Audem Gonzales <agonzales@estes.org> Re: REFERRAL FOR COMMENT: COMPLETENESS - Amended Plat, Portions of Lot 26, Little Prospect Mountain Subdivision - 531 Highland Ln Kevin Ash <kash@estes,org> Thu, Oct 22, 2015 at 9:40 AM To: Audem Gonzales <agonzales@estes.org> Cc: Karen Thompson <kthompson@estes.org>, Jen Imber <jinnber@estes,org> Audem - Public Works has reviewed the submitted application for the Amended Plat - Lot 26A - Little Prospect Mountain Addition and does not have any conditions. We support this project advancing to Planning Commission. Kevin Ash, PE Engineering Manager Public Works Department Town of Estes Park 970.577.3586 office 970.227.0437 cell kash@estes.org On Fri, Oct 9, 2015 at 3:10 PM, Karen Thompson <kthompson@estes.org> wrote: Attached please find the guidelines for commenting on the FINAL REVIEW for the project listed above. Comments are due on or before Friday, October 23, 2015. All necessary documents are attached for your convenience. Please let me know if you have any questions. • Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org https://mai I .googie.com/mail/?ui=2&ik=c0a7e0f533&view=pt&q=referral&qs=true&searc... 11/4/2015 t t • - " `It it Abe"' 4Iff;** r••%,&; tV /r- LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING Statement of Intent Prepared 9/23/15 for the AMENDED PLAT on the Shipman Property 531 Highland Lane, Estes Park, CO COAIMUNITY DEVELOPMENT .,-_-_-_-- Dss,zif:c,:::110,,;9if _2n ij The subject property consists of two parcels that together make the shape of a flag: East Parcel = Flag shaped 0.53 acre parcel that mostly contains the current home (531 Highland Lane). West Parcel = Flag Pole shaped 0.41 acre parcel that is where the garage is under construction. The owners are proposing to combine these two lots in order to construct a detached garage on the western parcel of land. The intent of this application is to combine these two parcels into one 0.94 acre Parcel. This action will not involve any request for re-zoning. Residential use is existing and proposed. Once combined, these two parcels will contain 0.94 acres and will include a home and a garage that will not encroach across a lot line and will also meet all applicable setbacks according to the Estes Valley Development Code. An easement will be dedicated by this plat to cover the existing sewer service line (from address 551) and sewer main that cross portions of this property generally west to east (as shown on the attached drawings). Site Access (if not on public street) Are there wetlands on the site? Site stakin • mud be corn = eted at fire tim /416 441 C (/4.4,4- E LOGS T? Os-1 1 49 ev, s ism. PC Yes /7: Nc r- Yes )No kbal Dat ESTES VALLEY DEVELOPMENT REVIEW APPLICATION Devdoorrient Plan 3 Special Review 3 Rezoning Petition Preliminary Subdivision Rzi T Final Subdivision Plat 3 minor Subdivision Plat Am ended Plat 7 Boundary Line Afflusbnent Condominium Map 3 ROW cv Eaten ent Vacalion Prerrninary Map • Street Name Change 3 Time ExtensAon Other: Please specify Project Name -44rAb1513P44-7; T177,2, ec--. 7 7p /I 7 - / Z g yg,0 y xa Project Description 14/p Project Address 5'3/ tif&H t_Peot. L.Arbkg: t tz-S . P6Ri: 1 OD 0 651 7 Legal Description S2--eLE .1-114N 0-E-,D 'PAT- (ivtZTES 75‘.1u;JP.5) Parcel ID # — Z. 5 0 5-6'1 Existing Land Use Lot Size t 44 If5DSF =-.0.14-..k. Area of Dice in Acres 7_106 00/74E, • r-e5fr7FACTAI--- Proposed Land Use VE5 Liv-1-41-- Existing Water Service 3Te:Iwn 47 Well r None F.. Other (specify) Proposed Water Service F. Town r Well F. None • Other (specify) Existing Sanitary Sewer Service UTSD Proposed Sanitary Sewer Service EPSD r UTSD Is a sewer Mt station required? r yes r No Existing Gas Service )(Fel r. Other r None Existing Zoning 4C. Proposed Zoning Sq14/VE Septic Septic Name of Primary Contact Person .4 0,01.# 1E S I-I - Al ).1 ifh-) -Yea A.1 Egg/ kier Complete Mailing Address A 0 11_5 T.- Ec__ le b. E5ra Ffre .t. tc/7 Prim Corded Person is Owner ConsultantlEn 'neer Application fee M. Statement of intent g . 3 copies (folded) of plat or plan • 11" X 17' reduced copy of plat cr plan Please review the Estes Valley Development Cock tippenciinz B for adsfitional submittal requirements, *tie may include ISO calculations, drainage report, traffic impact ors, geologic hazard mitigation repots ilctfire hazard mitigation report, wetlands report, endior other additional information. "fawn of Estes Park P.O. Box 1200 170 MacGregor /Venue Estes Park CO 80517 Gornmunity Development Department Phone: (970) 511-3721 fak (970) 586-0249 swew.estes.org/CommunityDevelopment Copies of plats/plans in TIFF or PDF format emaile planning@estes.org ••••dr-1 Applicant PLEASE PRINT Signatures: Record Owner Apollo t Date Record Owner(s) RbIS L 51-.A.PmW Torii). A., SHIPNINAN) Mailing Address _LOR FAzietvhdy KeL6, tank_tpcif% 5-7:7 4 Phone a3-370-5t75 Cell Phone pt40 Fax Email Applicant Mailing Address Phone Cell Phone Fax Email Consultant/Engineer )6(0/ e/6-//16--74/10c /9-6 SW -k't4/7A•if Mailing Address k 7 Phone Y lO 6 fa:60 ,40 Cell Phone 37-7/ Fax /0/4 Email /40 v APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at; wyl rn eges. 0-91C om Dev(§chedul es& F annindAd pi i cad onFeeSch edul e All requests for refunds must be_made in writing. Ail fees are due at the time of submittal. ...MM11.1.1•MIPMNIM101.••••• MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the sun estate and the mineral estate have been severed, This notice must be given 30 days prior to the first hearing on an applicai for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65,5-103 CRS have been met. Names: Record Owner prOtSvegzr 5:1-1TFMNIN 5o)p)A45 APPLACANT CERTIFICATION Le I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowlee and that In filing the application I am acting with the knowledge and consent of the owners of the property, I> in submitting the appficatioh materials and signing this application agreement, I aqknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC), te I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: LtilaiLeetee eetee.orgipomDeviDevre'ode te I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application Is complete under the applicable requirements of the EVDC, P. I understand that this proposal may be delayed in processing by a month or more If the information provided is Incomplete, Inaccurate, or submitted after the deadline date. .. to I understand that a resubmittal fee 01 be charged if my application is incomplete. tie The Community Development Department will notify the applicant In writirig of the date on which the application Is determined to be complete. > I grant permission for Town of Estes Park Employees and Planning Commissioners with proper Identification acce, my property during the review of this application, lee I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Record Owner PLEASE PRINT: .---0,80 ettr4 Applicant PLEASE PRINT: Signatures: Record Owner Applicant r-. dpirn-t ftlPikl Date Little Prospect Mtn Amended Plat - Shipman.xls Owner Owner II Address City ST Zip BARTLETT PATRICIA L & ROBERT 126 STANLEY CIRCLE DR ESTES PARK CO 80517 COMPTON RICHARD/DEBORAH PO BOX 4018 ESTES PARK CO 80517 DIVERSIFIED HOLDINGS LLC PO BOX 355 HYGIENE CO 80533 ERNST ROBERT/DIANE TRUST 147 STANLEY CIRCLE DR UNIT A ESTES PARK CO 80517 FOX KEVIN R/BARBARA R NAMUTH RONALD/PAIGE 1976 A ST LINCOLN NE 68502 GERON JOHN NORTH/MARY MICHAEL GERON JAMES M JR/ROSS MARY GERON 4411 UNIVERSITY BLVD DALLAS TX 75205 GIBBS JOHN W/DORIS E 1836 GLEN GARRY DR LAKEWOOD CO 80215 GINTHER FREDERICK L/RITA B 3106 W EISENHOWER BLVD LOVELAND CO 80537 HOFF BARRY J 2057 FOX MEADOW LN JOHNSTOWN CO 80534 HALL CHRISTINE/CHARLES B 161 STANLEY CIRCLE DR ESTES PARK CO 80517 H EUGENE W/DOLORES M 3 GLENKIRK LN SAINT LOUIS MO 63122 HILYARD VERN B & CATHERINE 108 BRANDING IRON COVE GEORGETOWN TX 78628 HUGHEY IRA A/MARY F LICKLIDER LINDA 905 COMPOUND ENID OK 73703 HUITT SHARON & CIANCONE KARYN 7423 GUINEVERE DR SUGAR LAND TX 77479 IGEL MARK B/KELLY 168 STANLEY CIR ESTES PARK CO 80517 JEREB RICHARD F II PO BOX 3473 ESTES PARK CO 80517 KING DAVID/SUSAN 134 STANLEY CIRCLE DR ESTES PARK CO 80517 KINGSWOOD MICHAEL R/CYNTHIA A 152 STANLEY CIRCLE DR ESTES PARK CO 80517 LEHMAN JAMES L & HENRIETTA 415 RIDGECREST CIR DENTON TX 76205 LEYMASTER KREG A/JANE A 5045 W COTTONWOOD COVE HASTINGS NE 68901 LININGER DINA G/SHERWIN M 174 STANLEY CIRCLE DR ESTES PARK CO 80517 LONGWELL VIRGINIA M/DANIEL A 650 HIGHLAND LN ESTES PARK CO 80517 MCKINNEY JOAN ELIZABETH REVOCABLE TRUST 155 STANLEY CIRCLE DR ESTES PARK CO 80517 IvIOINAT DAVID H & HARRIET 148 STANLEY CIR DR ESTES PARK CO 80517 MONGE KAREN P 1397 GLACIER VIEW LN ESTES PARK CO 80517 RENO CHARLES S 21021 SHACKLEFORD HUNTINGTON BEACH CA 92646 RILFV QUEST LLC 15446 STEVENS PLZ OMAHA NE 68137 R. IC 175 REDROCK RD SEDONA AZ 86351 SAEMISCH RHONDA M & TODD 30 MANZANITA LITTLETON CO 80127 SHIPMAN ROBERT L/JUDITH A 531 HIGHLAND LN ESTES PARK CO 80517 SILAR DONALD F/DEBORAH D 5220 GRIFFITH DR FORT COLLINS CO 80525 STARK GARY R/LYNNE M 164 STANLEY CIRCLE DR ESTES PARK CO 80517 SWANLUND MARK T & KARIN 295 PECK LN ESTES PARK CO 80517 SWEARINGEN JAMES P TRUSTEE CHRISTOPHER WILLIAM/ANN 3781 W 101ST AVE WESTMINSTER CO 80031 TESAR VICKI PO BOX 421 ESTES PARK CO 80517 THOMAS NANCY P TRUST 160 STANLEY CIR ESTES PARK CO 80517 TOWN OF ESTES PARK PO BOX 1200 ESTES PARK CO 80517 VESTERMARK KEITHA R 149 STANLEY CIRCLE DR ESTES PARK CO 80517 WICKS JOSEPH L JR PO BOX 3619 ESTES PARK CO 80517 WIESNER MARK L/JEAN K A 122 STANLEY CIRCLE DR ESTES PARK CO 80517 WILLIAMS LLOYD T/AUGUSTA N PO BOX 12 VALE OR 97918 WITTE MARY KAY PEARSON KENNETH K/DOUGLAS W 1471 29TH LN PUEBLO CO 81006 WITTSTRUCK COLA Little F5lICIPLAM Miff .1 Plat - 5 hipmanhieRTELL NE 68404 1 FOINil 1^ RON FOND 1' RON PPE PORTION OF Eat 211 LITTLE PROSPECT ACORES 571 Mafia) LN 1316 PAW. CO ESSI 7 DE CONTOURS 5.140wi1 ARE AT 1 FOOT EITERVALS NO ME RASED ON AN 014-5111 CONTROL pow (NAIL SET FU3SH MOTH THE GROUND) 00604 HAS AN ELEVATION OF 7640 FEET AS SHOWN ON THIS STTE PLAN, APPROMMTE 041-SITE ELEVATION FROM COI 000011 EARTH. ALL ELEVATIONS SHOWN HEREON. ON NE SITE PLAN, ARE RELATIVE TO NIS ELENCINARK. 3. THESE LUIS ARE ZONED E (ESTATE). THE PRIMCRIBED BUXOM SETBACKS FOR THIS ZONING ME 15' ALONG THE FRONT (ROAD) PROPERTY ME, 1(1' ALONG TIE SEE PROPERTY ONES, NC 15' AL11410 THE RENT PROPERTY UNE 4. TRUE ARE ITIO GEOLOGICAL OR WILDFIRE HAZARD AREAS ON THE SUBJECT PROPERTY AS PER THE FETES VALLEY DEVELOPMENT HAZARD MAPS 5 THE POSTED AGGRESS FOR THIS PROPERTY in 531 II NLATI3 LINE ESTES PARK, coLoRADO 190617. G. IN LOOKING OVER THE SPECIAL WARRANTY DEED (RECEPTION N.NBER 20130018014), OUR CLOW DEED (RECEPTION NUMBER 20050004224) AND 8001( 865 PAGES 223-224 THERE ARE A FEW DISCREPANCIES IN THE LEGAL DESCRIPTION. WI1HI4 BOTH THE SPECIAL WARRANTY DEED AND QUIT 0.41I1 DEED THERE ME 2 ISSUES IN THE DESCRIPTION FOR ITE SECOND PORTION Or IND THE 1ST DISTANCE AND BEARING DLL SHOULD READ NORTH 811 DEMOB 34 MINUTES MST (INSTEAD OF SOUTH 86 DEGREES 34 MUM EAST) 465.0 FEET AND THE THIRD CALL SHOULD READ NORTH 06 DEGREES 01 IIINUTES WEST (INSTDD OF NORTH 81 DECREES WEST) 137S FEET. IN SAID BOOK 885 PAGE 224 114E 5TH CALL SHOULD READ SOUTH 14 DECREES 48 MINUTE 15 SECONDS EAST 126.5 FEET (1161EAD OF Sown 14 DEGREES 46 110611615 WEST 128.5 FEET). ALL OF THESE DISCREPANCIES WILL BE CORRECTED NTH THE FUTURE MENDED P1.05 7. MANED FLOOR ELEVATION OF THE 041RAS0 0 117 BE 2' ABM THE FINISHED FLOOR OF THE ousreea NOUSE. MONO 0-11 65' LPL lEADED SPIE 121211121.2112-42211152216.12 WEL 1' - 3W PRELIMINARY AMENDED PLAT, LOT 26-A, A PORTION OF LOT 26, OF THE LITTLE PROSPECT MOUNTAIN ADDITION TO THE TOWN OF ESTES PARK A PORTION OF LAND, IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., LARIMER COUNTY, STATE OF COLORADO DEDICATION- 'UMW:WM.8 NOM. 1. 111E PLO OF LOME PROSPECT MOUNTNN (MOM .PALLARY nee) AND THE LANIER COUNTY LEGAL DESCRIMEN WERE THE ONLY SOURCES USED FOR BOL90IR1 AND EASDENT RESEARCH FOR THE SUELECT PROPERTY. ODA ALL 1101 BY THESE PRESENTS THAT ROBERT L SHIPMAN NM JUDITH • SHONAN, BENC THE OWNERS Of THAT PPM SECTION 2S. TOWNSHIP 5 NORTH. 'WAX 73 WEST OF THE 67H P.O., LAMER COUNTY, STATE OF COLORADO, BEING MORE PAFMDLILARLy ()BOMBED AS FOLLOWS. TO WW. 8 LaTLliODIAT AGGRESS Leo SIMLE* 0 6 17P. (75 60617 10.0 MITT CASELDTT DEDICATED MTN TG MENDED PLAT MINCE) 15.0. OULENNO SEMEN ON MHO NC RAGA LOT INC LORA. osiess-4 LOT 211 LEI= PROSPECT ICE& MORCTS,1110 swiLcy oRcaf ER ESTES PARA. Co 90617 ois,"g Dg r-io" RpRop 19901STION Ctrl Or DITEN Ofe meow COWITPX EWE OvER WED MEE MOM FOR coeciwn MD e COMET MOM PROPORT Lad PORTION OF LOT 28 LITTLE PROSPECT MTN. ADDRESS: 1110 SMILEY MI= OR 0173 Pow, co II0617 PeoPosro 02 FOOT DEL Rom NAL ADM PROPERTY LINE 1:50' LCNO PORTION OF LQ1_211 JJTTLE PROSPECT 116:122L AMOS& 561 HOHNE LA, (3112 PAM CO 00617 NOT I niAl Of TROT AWE= PLAT HY SENOR LAE usaiEHT !IMITATED NM 'Ns 141E9C(D HAT fmnale AREA =TNT Ham AccRO• 561 NONLME EST/31 PART, CO 00117 SCALE I 30' so eo 90 1:0511M 1 ' 66011 OF MY OVER NO AL6065 AS DECREED PI BOOK 665 HOC 223-224 DEM DORMER SEARnIED FOR AmD MST FOUND 606221EN! 466.19* (SOP SPE HMO' SEE NOTE • 015 COMM POOR (HAL) MAIMOW SEWER CLEMOW NEMEC COMAE OWNED CONIONs (pROPOsm) -C- CCMIILINICA71306 LAW W wATER LIE --C- OAS UK -5- SEVER LIE 396.69; meT541 . GrEATE 54911• FITAL 14 ROME 11111 MAME cm. (MAE SOUTEAST IISTORE WT LORE PROSPECT wDLArloa. AEctiwa AND Pan TOO ON TIE PLAT -2.- coo', Storni MAN= ▪ LILTED TREES r- 24' PI 014. CT TREES TO BE ROCAPED 11:210 111014 PPE PINE SOUTHWEST • SET NTH PLASTIC COP 026274 UR 26, UTILE PROSPECT COMER 1022•11/411 ADMEN • FOUND YETNUMGETATICE 00.00 MEASURED LIMDISIONS 16.• RADON SETRICK ON FRONT NO BACK WT UNIM MO OLD an' DIA. mom spia (00.00) TEEM DITERSICES 160' MUTT COMEI(1 DEDICATED WITH 116 INDEED PUT (FTINDAL) FOL22D RON PPE (TROY OUR CLAN DEED, RECEPTION NUMBER 2008-0004224) A PORI0N OF LOT 26. LITRE PROSPECT mOLNTAN ADDITTON TO DE TOWN OF 61E5 PARS. COLORADO, DESCRIBED AS FOLLOWS: BEGewiNGS AT THE SOUTHWEST COMER OF 5.4.0 LOT 30 TIME NORTH 17 DECREES 54 INK= WEST ALONG THE WEST WE OF SAO 101 NT A DISTANCE CF 247.9 FEET; TAIDICE NORTH 73 DEGREES 14 MINUTES EAST A DISTANCE 75.0 FEET; THENCE SOLON 14 DECREES 46 TIMM EAST A DISTANCE Or 2785 FEET M ME SOUTH LM of SAO LOT 26; THENCE SOWN 62 DEGREES 47 1MIIES WEST ALONG INE SOUTH LOT UNE A DISTANCE OF S6.0 FEET TO THE PLACE OF BEGINNING. COUNTY OF LMINICR, STATE OF COLORADO. ALSO BEDTNING AT THE SOuREAST CORNER OF LOT 28. BENG PONT /100 OF LITTLE PROSPECT mOuNTAN ACORN TO THE TOWN OF ESTES PARK, LAMER COUNTY. COLORADO (A PLAT OF RECORD); TIERCE SOUTH 611 DEGREES 34 IIMUTES EAST 165.0 FEET; THENCE 14017114 MI DECREES OT II/MM WEST 143.5 FEET BEING THE TRUE PENT OF BEM 111010 ; THENCE NORTH 151 DEGREES WEST 137.5 FEET TFOICE SOUTH 73 DEGREES 14 MNIDES WEST 181.9 FEET: THENCE SOUTH 14 DEGREES 44 1496JTE5 DST 124.5 FEET: RIME NORTH 75 DEGREES 14 MINUTES EAST, 167.3 FEET, MORE OR LESS TO THE TRUE PONT Of ELEONNING, TOGETHER WITH A RENT OF NAY AS DESCRIBED IN WARRANTY DEED FROM VICTORY HOUSNIC CORPORATION AS RECORDED 44 ROOK NZ AT PAGE 223 AND 224, COMITY OF LANIER, STATE OF COLORADO: CONTAINING 0.94 ACRES MORE OR LESS; NAVE EH TRIM PRESENTS CAUSED DC SAW TO BE AIRWYED AND 70 BE KNOWN AS LOT 26-4 Of LITTLE PROSPECT NOONAN ALICI7EN AND DO HERON RESERVE PERPETUN. EASEMENTS FOR NAPLES AS ARE MAD OUT NO DESIGNATED ON THIS PLAT, ROMS OUR HANDS AND SEALS THIS DAY OF 2015. AVON A SHIPLAMI (OWNER) THE FOREDOND DSTRuirDrf WAS ACNNOTREECED BEFORE ME Tios DAY OF 20 Br ROBERT L SHPLAMI DEATH A. SelPILAN. WITNESS WY RAND HAD OFFICIAL SEAL. NOTARY PUBLIC MY COMINSSION COMB PIARO OF TRUSTERS CERTIFICATE APPROVED AND ACCEPTED Br THE BCARD Or TRUSTEES OF THE TOWN OF ESTES NAIL COLORADO BY A IMMOLUDON ON THIS MY OF 20_ JACKIE w111WS.061, TOWN CLERK WILLUMI PINKHAAL MAYOR TOWN ENGINEER'S CERTIFICATE APPROVED BY THE TORN DIGNEERIN OF ESTES PAWL COLORADO T16 _ MY Of (PRATED NAME), Tom DOWER THE SUBJECT LOT IS SUBJECT TO THE SAE RESTRICTIONS, cOvENANTS, AND REGULATORS AS SET FOURTH 24 HE PLAT OF REIORD OF LITTLE PROSPECT 1631.NIAIN ADDITION. SURVEYOR'S CERTIFICATE. L LONE A STELEON A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO. DO HERON CERTWY THAT THIS MENDED PUT OF LOT 25-A OF UTILE PROSPER MOUNINN AMMON LOCATED IN WCTION 25, 1541, 4)733) OF THE 0TH P.M.. COUNTY OF LOWER, STATE OF COLORADO, TRULY AND CORRECTLY REPRESENTS TIE RESULTS OF A SURVEY MADE BY 110 OR UNDER IN DIRECT SUPERVISOR LONNIE A SHELDON REG. LAND SURVEYOR 426974 floallicE21aniaba BASIS OF ecemes IS THE LIVE BETWEEN. THE WESTERLY, PROPERTY LIONWEETS ASSUMED TO BEAR N17-54W AND BONG MO4A1IEN1E0 ON Boni DEls BY A I' NON PPE AS SHOWN HEREON. JyrOTICE OF APPROVAL APPROVAL OF NO PUN CREATES A VESTED PROPERTY RIGHT PURSJ.LANT TO ARTICLE 68 Or 7771E 24. CRS AS 44.06126. Q Qi z co 0,2 E. on o C.) oa p 00 E-1 E-1 DRAM INL CUB CHECKED Vo LAS TARES 10/00/2015 1 OF 1 POW NO. 2014-12-06 ROBERT L SHIPMAN (OWNER) STATE OF COLORADO) AS COMP OF LAMER) PRELIMINARY AMENDED PLAT SCALE DATE SHEET je. r. LoT- \ MEM 1. M011 PIE I• 1.01_27A LITTLE PROSPECT ICCIL A ows: 1 SO 51"411.21 MOLE DR MS PAWS CO 1051/ NW =I In 1111 • SET 44 ROW Km purr CAP 02I074 MR0 MOMULAENTAPCP 0600 MEASURED CNENsmois ((p.m) DEEDED C6121510115 SCALE 1 30' 30 60 FOAM 171x1 me Hon; 50Th 08880 LOT 26, LITTLE HICTSPECT NAMARA emoN 00 ILXISTRIN WONT Of my met AID PERMS IS . CESCRIOED PI PACE 1),CfIN 1 1 1 1 1 MN) 0/D OS' Dm HEADED SPICE 100 MST EMMERT CONDOM WWI TIIS MEMO PLAT (TYPCAU 4 _....,./ ..-- \ .........- ,....„--..,,...-- LOT 26-A ,..‘1.,..--1,--- "'r ,-- LITTLE PROSPECT MTN. ADD. (t 0.94 ACRES) \ 1 1\ \ 11 \ r---".-4"STC11111:TIED*C "LAVA Dr I madOELL PLAT \ I \ I \ 11 --- *--- _,... • 1 \ 10 SEWER LW WORDS • \ \\• 1 10.0 TRILBY 0.955018 DED2A113) 611/1 1K5 AMETINEO 44.7 ) PORTION OF LOT 28 LITTLE PROSPECT MTN, MXMESS 140 SWEET ClICLE OR ISM PAWL CO 80517 LEE= IP sown we LAMENT DEDICATED Mm nes MEWED PLO 4 oll1eAZ•1 -1— -- -- -- %-- -- ‘ 1 --* -.-- -- ..., -- 1 ..-- ..-- .-- ,-***..' ...- --- -- _--- , .....- -- 1 ....- ..........,- , .... - - - . t - , .... MCKIE WILLIANSON, TOWN CLERK *LUNY PINKTVAI, MYNA TOWN ENCINEEIFS CERTIFICATE APPROVED BY THE TOWN DIGNEERNG OF IMES PARK, COLORADO 616 _ DAY OF 20 (METED NATAE), TOWN ENGINEER THE SUBJECT LOT 6 SUBJECT TO THE SNAE RESTRIODOWS, COVET/ANTS, AND REGO/ATMS AS SET FOURTH Iv THE PLAT OF RECORD Of LITTLE PROSPECT MOUNTAIN ADMEN. TURVEVOR'S CERTIFICATE L LENNIE A SHELDON, A DULY RIMSTERED LAND SURMIOR N ME STATE OF COLcRADO, DO HEREBY CERTFT THAT 7146 AMETOED PLAT Of LOT 28-A OF LITTLE PROSPECT MOUNT,NN ACOTTCN, LOCATED IN SECTOR 25, 1514 473w OF THE 6TH P.M., COUNTY OF TAMPER, STATE Of COLORADO, TRULY AND CORRECTLY 80(805 475 TIC RESULTS OF A WINES MADE BY ME OR U14:622 MY OREM SUPERVISOR. DEDICATION. KNOW ALL MEN By THESE PRO:TENTS TINT ROBERT L SIMIAN NO ACTIN 14 SHIN/AA, BENG THE OWNERS OF THAT PART SECTION 25, TOWNSHIP 5 NORTH RANGE 73 WEST OF THE OH P.M. LAMER COUNTY, STATE OF COLORADO, BOND MORE RAFMCULARLY DEMME° AS FOLLOWS, TO WIT: (FROM OM CLAW DEO), RECEPTION HAMER 2005-00542:24) A PORTION Of LOT 26. LITRE PROSPECT IMMO.* ADMION TO THE TOWN Of ESTES PARK. COLORADO, DESCRIBED AS FOLLOWS: BEGIMPOS AT THE SOUTHWEST CORNER Of SAE LOT 261 THENCE NORTH 17 DEGREES 54 LANUTTM WEST ALONG 66 WEST UNE OF SAID LOT 26 A CASTANCE OF 267.9 FEET; TIERCE NORTH 73 DEGREES 14 IMAM EAST A DISTANCE 75.0 FEET; THENCE SOUTH 14 DEGREES 48 IIINLMM EAST A DISTANCE Of 2766 FEET TO THE SOUTH LRIE LN SAD UM 261 THDOCE SOUTH 62 DEGREES 47 MINUITM. WEST ALONG THE SCOTIA LOT UNE A DISTANCE OF 56.0 FEET TO THE PLACE OF BEGINNING. COUNTY OF LAMER. STATE OF COLORADO, ALSO RECIPINNG AT THE SCUIPIEA51 CORNER OF LOT 26, BONG POINT 8100 OF UTILE PROSPECT MOUNTAIN AMMON TO THE TOWN OF ESTES PARK, LARIMER COMM COLORADO (A MAT OF RECORD); THERM SOLIDI 68 DEGREES 34 miLITIM EAST 165.0 FEET; THENCE NORTH Ce DEGREES 01 MATTES WEST 143.5 MET BENG TIE TRIJE PONT Or BEGINNING; THENCE NORTH 61 DEGREES WEST 137.5 FEET THENCE SOUTH 73 DEGREES 14 MINUTES WEST 181.8 FEET: 716ENCE SOUTH 14 DEGREES 46 MINTJTES EAST 12E5 FEET; THENCE NORTH 75 DEGREES 14 MATTES EAST, 187.3 FEET, MORE OR LESS TO THE TRUE PONT Of TIEGINICNG. TOGETHER NM A RCM OF WAY AS DESCRIBED IN WARRANTY DEED FROM VCTORY HOUSING CORPORATION AS RELOADED IN BOOK 665 AT PAGE 223 AND 224, COUNTY OF WINER, STATE OF COLORADO CONTANNG 0.94 ACRES MORE OR LESS; HAVE BY THESE PRESENTS (Nen THE SANE TO NE SUMMED AM 10 BE *OWN AS LOT 26-A OF LITTLE PROSPECT wOuNTAIN AMMON AND DO HEREBY RESERVE PERPETUAL EASEMENTS FOR LIMIT ES AS ARE LAO OUT NO DIESONATED ON TIES PLAT. WHIMS CAN HAMS AND SEALS TIM CAT OF 2015. ROBERT L. SiillON (OWNER) STATE OF =MAW) COPP( Of VASTER) MATH A SWAM (MIER) THE FOREGOING IMMLITIENT WAS ACKNOWLEDGED BEFORE ME THS DAY OF 20 BY ROBERT L SH PAW AND J1104114 A. STIIPION. WITNESS in NAND NO OFFICIAL SEAL NOTARY PUBLIC YY COGAISSJOH DX PWLM AnEPrE_OP_TMEN'TIERS CERTIFICATE APPROvED NO ACCEPTED BY THE BOARD Or TRUSTEES OF THE TOWN DT ESTES PARK., COLORADO BY A RIMOLLMON ON TH6 DAY OF 20-- DRAWN lEn CUB LOOK A SHELDON REG, LAND 9264E106 /26974 REARING STATEMENT BASIS or Dumas s 1180 Lae BETWEEN, THE WESTERLY, PROPERTY ITIONUMENTS ASSUMED TO BEAR 4417-5451 AND BEING 510AOMENTED ON BOTH O05 BY A IRON PIPE AS SHOWN HEREON, Forms OP APPROVAL. APPROVAL Of THIS PLAN CRUETS A AMMO PROPERTY RIGHT possums TO ARTFol 68 OF 1771E 24, C.R.S AS NAMED, SCALE VARIES DATE 10/06/2016 CHEERED BY: LOS SHEET 1 Of 1 sTs' se* Rue 1" Waii RCN .. PORTION OF CAT ZA JrrT1R PROSPECT 1(113. MOMS 570 104410111 1N MIS PM( CO 60517 6 81 8 El7RVEYOR'S' NOTES. T. THE PIA' OF LITRE PROSPECT MOUNTAIN (WED AATILIIRY 1938), THE LAMER MINTY LEGAL DMCRIPTC44 WINE THE ONLY SOURCES USED FOR BOUNDIWIT NO LAMENT RESEARCH FOR TM SUBJECT PROPERTY 2. TIC POSTED ADDRESS FOR 1146 PROPERTY 6, 531 111018AND LANE ES1TM PARK mow* 60817. 3. IN LOOKING OVER THE SPECIAL WARRANTY DEED (RECEPTION MAIDETI 2013031801 4), COT CLAN DEED (RECEPTION NUMBER 20050004224) AND BOOK 865 PAGES 223-224 ITIERE ARE A FEW DISCREPANCTIM N THE LEGAL DESCRIPTION. 1116914 BOTH THE SPECIAL WARRANTY DEED AND OUR CUM DEED THERE ARE 2 ISSUES. IN THE DESCRIPTION FOR THE SECOND 1104810/4 Or LAND THE 1ST DISTANCE NC BEARING CALL SHOULD READ NORTH BB DEGREES 34 IMAMS WEST (INSTEAD OF SOUTH BB DEGREES 34 MINUTES EAST) 165.0 FEET AND ITM TIRO CALL SHOULD READ NORM 08 DEOREIES 01 MINUTES WEST (NSTEAD OF NORTH 81 DEGREES WEST) 1173 FEET, 94 SAID BOP( 665 PAGE 224 THE 57N CALL SHOULD MAD SOUTH 14 DEGREES 46 LINUTE 15 SECONDS EAST 128.5 FEET (INSTEAD OF SOUTH 14 DEGREES 46 INATIES WEST 126.5 FEET), ALL OF THESE DISCREPANCIES WLL BE CORRECTED WITH THE FUTURE MINDED PLAT. 7616.2744.6 186.17 (4881341 1659) 816 NMI 1 1 0 1 L 00 IV4 MAR WIN PLASM OW NOTE SOUDIFAST 14511:412 LCO 24 UTILE PROSPECT MOUND& AMMON AND P:447 f 1 CO ON TTE RAT ,sr• ;16 0, AMENDED PLAT, LOT 26—A, A PORTION OF LOT 26, OF THE LITTLE PROSPECT MOUNTAIN ADDITION TO THE TOWN OF ESTES PARK A PORTION OF LAND, IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., LARIMER COUNTY, STATE OF COLORADO FOLIC 1' KM PPE LOT 2 LOMAT 11.1339111.814 ACCRUES 150 11 STARLET CIRCLE ON Urn PAWS co Dos 17 IOU NUTT WORMS CONDOM WIN 11/6 ALIDECD PLAT (TrPICAL) POMO 1' 10.2 tfINITT EASOADIT I01X'-015 WIRT WES ARUM PLAT (TYPICAL) FOLDS OLD or Da NENIED SANE 116 PORTION OF L02 2B LIME PROSPECT MTN /DORM 661 mum) LTT 63716 PAWL CO 60617 NOT A Nue OP flUS affleOLD mAr DEED COWER SENTITNED TOR AND NOT !MAC .00A4EE 0.2.4is Y T tal 2014-12-06 AMENDED PLAT z CO 16-4 Cr) 9 E O H 4-1 C) Oa H Cl] CD R as GQ H H