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Home My WebLink AboutPC PRESENTATION 440 Valley Rd, rezone E-1 to RM 2010-11-16 440 Valley Road RezoningRequest E-1 to RM I.PROJECT DESCRIPTION/BACKGROUND PLANNING COMMISSION MEETING DATE:November 16, 2010 TITLE: “440 Valley Road Corrective Rezoning” LOCATION: The property is locatedwithin Town limitsat junction of Valley Road and US 34 Business (West Elkhorn Avenue). APPLICANT:Denice DeLaney Borda PROPERTY OWNERS:Denice DeLaney Borda, Brian D. DeLaney, and Dana DeLaney Burke None CONSULTANT/ENGINEER: STAFF CONTACT: AlisonChilcottand Bob Joseph APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) PROJECT DESCRIPTION/BACKGROUND: This property was rezoned from CO-Outlying Commercial to E-1Estatein 2000 with the adoption of the Estes Valley Development Code. The applicant has submitted an application to rezone from E-1Estateto RM Multi- Family Residential.Staff views this as a corrective rezoningrequest. II.SITE DATA TABLES Number of ParcelsOne Parcel Number(s)35234-00-024 Gross Land Area1.06 acres per application form 0.80acres per Tax Assessor records Existing ZoningE-1Estate Proposed ZoningRM-Multi-Family Residential Existing Land UseMulti-Family Residential Proposed Land UseMulti-Family Residential SERVICES WaterTown of Estes Park SewerUpper ThompsonSanitation District Fire ProtectionEstes Valley Fire Protection District ElectricTown of Estes Park TelephoneQwest GasXcel Mapped Hazards/Physical FeaturesApplicable to this Site? Wildfire HazardNo Geologic Hazard No WetlandsNo Streams/RiversNo Critical Wildlife HabitatYes Ridgeline Protection AreaNo III.REVIEW CRITERIA EVDC Section 3.3.D Standards for Reviewstates that: All applications for text or Official Zoning Map amendments shall be reviewed by the EVPC and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. 1.The amendment is necessary to address changes in conditions in the areas affected; 2.The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of Page #2–440 Valley Road Rezoning Application the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; and 3.The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Staff and theEstes Valley Planning Commission arethe Review Bodiesand Town Board is the Decision-Making Body. IV.REFERRAL COMMENTS This request has been submitted to reviewing agency staff and adjacent property owners for consideration and comment. A legal notice was printed in the Estes Park Trail- Gazette. ReviewingAgency Comment The following reviewing agencies submitted written comments. Estes Park Public Works and Utilities DepartmentsSee Tracy Feagan’s memo dated November 2, 2010. Town AttorneySee Greg White’s email to Alison Chilcott dated October 21, 2010. Estes Valley Fire Protection District See Derek Rosenquist’s email to Alison Chilcott dated October 6, 2010. Xcel Energy See Len Hilderbrand’s email to Alison Chilcott dated October 6, 2010. Public Comment No public comment has been received. V.STAFF FINDINGS 1.Project Description/Background The Project Description/Background found in Section I of this staff report is included as a staff finding. 2.Reviewing Agency Comments This request has been submittedto reviewing agencies for consideration and comment. All comments submitted by reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. 3.Adjacent Property Owners No written comments have been submitted nor has staff received verbal comments in support or opposition to this application. Page #3–440 Valley Road Rezoning Application 4.Compliance with Standards for Review. Staff finds that this application complies with the Code Amendment(rezoning) Standards for Review found in EVDC Section 3.3.D. 5.Land Use There has been a single-family and a multi-family residence on the property since 1987. Staff’sunderstanding is that the applicant’s parents (Willis C. and Norma C. DeLaney) purchased the property in 1986 and converted what was a retail (antique) store to a multi-family residence in 1987. Page #4–440 Valley Road Rezoning Application 6.Prior Commercial Zoning For atleast 25 years (1974 through 1999) this property had some form of commercial zoning (CO or C-2). The CO zoningdistrict in place prior to 2000 permitted both residential and retail uses. 1998 Zoning Map 7.E-1Zoning (2000 –to Present) Ifstaff were aware of the multi-family use in 2000, most likelywe wouldhave proposed rezoning to RM –Multi-Family Residentialinstead of E-1Estate.One of the “guiding principals” was to placeexisting uses in the appropriate zoning districts, e.g., multi-family use in a multi-family zoning district. To determine existing uses on Estes Valleyproperties, staff used Larimer County Tax Assessor records.Per Greg Daniels in the Larimer County Tax Assessor Office (11.04.2010), the Tax Assessor listed this property ascontaining asingle-family residence and outbuildinguntil the Office became aware of the multi-family residential use in 2008.Our zoning records from 2000 also show the property as single-family. Since the use of the property was listed as single-family,staff proposed rezoning to a single-familyzoning district. This was approved by the elected bodies. It is unlikely the property would have been re-zoned CO –Outlying Commercial zoning in 2000sinceresidential use is not permitted in this zoning district (other than employee housing). Page #5–440 Valley Road Rezoning Application In September, the property owners submitted a building permit application tofinish the interior of one unit,converting itto a fully-functional unit with a bathroom and kitchen. Staff noted that (1) the multi-family use was a non-conforming use in the E-1 Estate zoningdistrict; (2) reviewed Town building permit and utility records,which showed that permit #4075 was issued in 1987 to convert the outbuilding/antique shop to multi-family residential use; and (3) recommended rezoning. Some of our records for this property are missing; however, we had sufficient information to determine that the permit was issued and most inspections were completed. 8.Change in Conditions Area No change in conditions in the area would have necessitated a rezoning to E-1 in 2000. The use of the property is compatible with the surrounding area. The below map shows the mix of commercial and residential zoning and uses along thissection of Highway 34 (West Elkhorn Avenue) Page #6–440 Valley Road Rezoning Application 9.Ability to Provide Adequate Services and Facilities This property is adjacent to paved roads and is servicedby public water, sewer, and electric utilities. The lot extends into the Valley Road(probably to the centerline of the road). If the property redevelops,right-of-way dedication is likely to be required. 10.Development Plan Staff finds that a development plan is not requiredat this time. No development is proposed. VI.STAFF RECOMMENDATION–REZONING Based on the foregoing, Staff recommends APPROVALof the application. VII.SUGGESTED MOTIONS APPROVAL I move to recommend approval of the application to the Town Board of Trustees with staffs’ findings and conditions. CONTINUANCE I move to CONTINUEthe application to the next regularly scheduled Planning Commission meeting because… (state reason for continuance -findings).Note: Inmost cases, the applicant must agree to this,otherwise a continuance is deemed approval. DENIAL I move to recommend DENIALof application to the Town Board of Trustees because… (statereason for denial -findings). Page #7–440 Valley Road Rezoning Application