HomeMy WebLinkAboutSTAFF REPORT Planning Commission Mountain Haven Subdivison 2003-05-15
PROJECT OVERVIEW
PLANNING COMMISSION MEETING DATE: May 20, 2003
TITLE: Preliminary Plat Mountain Haven Subdivision and Condominiums, Tracts 7 and 8 of Beaver Point First Addition to the Town of Estes Park, a Portion of the SE ¼ of the SE ¼ of Section
25, T5N, R73W of the 6th P.M., Estes Park, Colorado.
REQUEST: This is a minor subdivision (boundary line adjustment) application to adjust the property line between two parcels zoned “A” Accommodations/Highway Corridor. This is also
an application to condominiumize proposed Lot 1.
LOCATION: The site is located at 690 Moraine Avenue (US 36), in the Town of Estes Park.
APPLICANT/PROPERTY OWNER:
Michael J. and Caren P. Butler/Butler Park, LLC
ENGINEER: Amy Plummer, Van Horn Engineering, Inc. (970-586-9388)
STAFF CONTACT: Alison Chilcott
APPLICABLE LAND USE CODE: Estes Valley Development Code
PROJECT DESCRIPTION/BACKGROUND
This is a minor subdivision plat (boundary line adjustment) and preliminary condominium map application. To simplify the review process the two maps have been combined into one for
preliminary plat purposes.
Minor Subdivision Plat (Boundary Line Adjustment)
This is a minor subdivision (boundary line adjustment) application to adjust the property line between two parcels zoned “A” Accommodations/Highway Corridor. Eight buildings, six one-story
cabins and one two-story house with a detached garage, will be located on proposed Lot 1. One one-story house and a detached garage will be located on the proposed Lot 2. Both lots
are zoned “A” Accommodations and will remain “A” Accommodations. Proposed Lot 1 is 74,027 square feet and proposed Lot 2 is 35,505 square feet. This plat also dedicates a ten foot
wide public trail easement along the Big Thompson River on Lots 1 and 2 and ten feet of right-of-way along the proposed Lot 1 northern lot line.
Preliminary Condominium Map to Condominiumize Proposed Lot 1
This is also an application to condominiumize proposed Lot 1. Butler Park, LLC is the declarant and the name of the common interest community to be created is Mountain Haven Condominiums.
Declaration Section 16 – Declaration of Protective Covenants, Conditions and Restrictions restricts each unit to single-family use with rental of units for terms of no less than three
months. The applicant has not reserved the right to build additional units or withdraw property from the Association. This map will reserve the right to expand Units 3, 4 and 7.
SITE DATA TABLES AND MAPS
Number of Parcels Two Parcel Number(s) Parcel 1/Proposed Lot 1 3526400009 Parcel 1/Proposed Lot 2 3526400024 Gross Land Area Parcel 1 2.06 acres 89,861 sq. ft. Proposed Lot 1 1.70
acres 74,027 sq. ft. Parcel 2 0.45 acres 19,671 sq. ft. Proposed Lot 2 0.82 acres 35,505 sq. ft. Total 2.51 acres 109, 532 sq. ft. Area in 100 Year Flood Plain Proposed Lot 1 0.15
acres 6,484 sq. ft. Proposed Lot 2 0.17 acres 7,430 sq. ft. Net Land Area For this Lot = Gross Land Area – 80% of Land in Flood Plain* Proposed Lot 1 1.58 acres 68,840 sq. ft. Proposed
Lot 2 0.68 acres 29,561 sq. ft. Total 2.26 acres 98,401 sq. ft. Existing Zoning “A” Accommodations/Highway Corridor Proposed Zoning “A” Accommodations/Highway Corridor Existing
Land Use Parcel 1 Accommodations (Resort Cabins/Lodge) Parcel 2 Single-Family Residential Proposed Land Use Proposed Lot 1 Single-Family Residential Proposed Lot 2 Single-Family
Residential *Note: The area reserved for future dedication of right-of-way has not been subtracted from Gross Land Area to arrive at Net Land Area because staff did not request the
exact square footage of the area to be dedicated be called out on the plat.
ADJACENT ZONING AND LAND USE
Adjacent Zoning Adjacent Land Use North “RM” Multi-Family Residential Multi-Family Residential: Cedar Ridge South “A-1” Accommodations/Low Intensity Accommodations East “A” Accommodations/Highway
Corridor Accommodations: Telemark and
Uff Da Towing and Storage West “A” Accommodations/Highway Corridor Accommodations: Brynwood
SERVICES
Water Town of Estes Park Sewer Upper Thompson Sanitation District Fire Protection Estes Park Volunteer Fire Department Electric Town of Estes Park Telephone Qwest
REVIEW CRITERIA
All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of the
Estes Valley Development Code.
For minor subdivisions, the EVPC shall also find that approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict
with the purposes and objectives of this Code.
This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board.
REFFERAL COMMENTS
This request has been submitted to all applicable reviewing agency staff and neighbors for consideration and comment. The following staff and/or neighbors submitted comments.
Public Works See Bill Linnane’s memo to Alison Chilcott dated April 21, 2003.
Town Attorney See Greg White’s letter to Alison Chilcott dated April 25, 2003.
Estes Park Light and Power Department See Mike Mangelson’s note on the “All Affected Agencies” memo stating “Light and Power has no comments.”
Estes Park Volunteer Fire Department See Scott Dorman’s email to Alison Chilcott dated May 1, 2003.
Estes Park Sanitation District See Ronald Witt’s letter to Alison Chilcott dated April 21, 2003.
Colorado Department of Transportation See Gloria Hice-Ilder’s note dated April 24, 2003 on the “All Affected Agencies Memo.”
Colorado Department of Natural Resources, Division of Wildlife See Rick Spowart’s letter to Alison Chilcott dated April 19, 2003.
US Postal Service See Becky Glowacki’s letter to “The Developer” dated April 21, 2003.
STAFF FINDINGS – MINOR SUBDIVISION PLAT
Staff finds:
This is a minor subdivision (boundary line adjustment) application to adjust the property line between to parcels zoned “A” Accommodations/Highway Corridor. Eight buildings, six one-story
cabins and one two-story house with a detached garage, will be located on proposed Lot 1. One one-story house and a detached garage will be located on proposed Lot 2. Both lots are
zoned “A” Accommodations and will remain “A” Accommodations. Proposed Lot 1 is 74,027 square feet and proposed Lot 2 is 35,505 square feet.
The site is located at 690 Moraine Avenue (US 36), in the Town of Estes Park.
This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board.
Reviewing Agency Comments
This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing agency staff, referred to in Section
V of this staff report, are incorporated as staff findings.
The applicant has addressed Town Attorney, Greg White’s comment. To simplify the review process the two maps have been combined into one for preliminary plat purposes. They will be
recorded as two separate maps as recommended by Greg White. Utility easements and drainage easements have been dedicated and an easement has been dedicated on the plat for the Brynwood
building encroachment.
The Colorado Division of Wildlife letter included a comment that “communal garbage dumpsters should be bear resistant to prevent problems with bears and raccoons. Staff supports this
recommendation; however, requirements to upgrade garbage dumpsters are not triggered with minor subdivisions.
Neighbor Comments
This request has been submitted to neighbors for consideration and comment. No comments were received.
EVDC §3.9.E Subdivision – Standards for Review
In accordance with EVDC §3.9.E, staff finds that approval of this minor subdivision will not be materially detrimental to the public welfare, injurious to other property in the neighborhood,
or in conflict with the purposes and objectives of this Code. The Planning Commission should not approve this minor subdivision if it believes the subdivision will be materially detrimental
to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code.
EVDC §3.9.F.1 Effects of Approval of a Minor Subdivision
Per EVDC§3.9.F.1, within days of the Board’s approval of the minor subdivision, the developer shall submit the minor subdivision final plat for recording. If the minor subdivision plat
is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void.
EVDC §10.4.A Lots – Lot Dimensions and Configuration
The proposed minor subdivision complies with this section of Code with the exception that the proposed Lot 1 square footage is less than the required minimum lot area of 40,000 square
feet. Per EVDC §6.8 since the lot is less than 40,000 square feet by-right accommodations use shall not be developed on this lot. While the lot does not meet the minimum lot size requirements,
the applicant is proposing increasing the lot size moving the lot closer to conformity.
Also the depth of the property is required to be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.
Parking complies with all dimensional standards with the exception that the three spaces angled at approximately 63 degrees do not comply with the minimum aisle width of 24 feet. Staff
recommends that the Planning Commission grant a minor modification of 17 percent to allow a twenty foot wide access easement/aisle width rather than the required twenty-four feet. The
southern access aisle width meets the Code requirement with the dedication of the private access easement on proposed Lot 2. The plat calls out a minimum width of 24.9 feet for the
southern parking spaces.
EVDC §10.4.B Lots – Access
The proposed development complies with this section of the Code. The applicant is dedicating right-of-way which will be used to expand Highway 36 thereby improving the level of service.
Paved access is available to Highway 36. With the dedication of the twenty foot wide access easement both lots will have recorded legal access to a public street. This residential
development does not trigger the need for a Traffic Impact Analysis.
An access and maintenance agreement should be reviewed and approved by staff prior to recording and a recorded copy should be submitted to staff. This agreement should include a provision
that the fence and dumpster can be removed from the private access easement at the request of the Lot 1 owner.
EVDC §10.4.C&D Lots – Flag or Flagpole Lots and Double and Reverse Frontage Lots
These sections of the Code are not applicable to this subdivision.
EVDC §10.4.E Lots – Side Lot Lines
The proposed minor subdivision complies with this section of the Code
EVDC §10.4.E Lots – Lot Divisions
The proposed minor subdivision complies with this section of the Code.
EVDC §10.5.A Subdivision Design Standards - General
The proposed minor subdivision complies with this section of the code.
EVDC §10.5.B Subdivision Design Standards – Compliance with Zoning Requirements
The proposed minor subdivision complies with this section of the Code with the exception of minimum lot size requirements and setback requirements. The existing and proposed uses are
permitted in this zoning district. Below is a table showing the required and proposed density and dimensional standards.
Density and Dimensional Standards
“A” Zoning District Minimum Land Area Per Accommodation or Residential Unit (sq. ft. per Unit) Min. Lot Size Min. Building/Structure Setback Max. Building Height
(ft.) Max. FAR Max. Lot Coverage (%) Area (sq. ft.) Width
(ft.) Front
(ft.) Side
(ft.) Rear
(ft.) Required Residential Units 9,000 40,000 100 Arterial = 25
All other Streets = 15 15 10 30 N/A 50 Proposed Lot 1 10,574* 74,027 59 >25 9 min. garage
5 min. garbage dumpster
>10 Under 30 N/A Under 50% Proposed Lot 2 29,561 35,505 N/A N/A 5.9 min. N/A Under 30 N/A Under 50% Note: *Area dedicated for right-of-way should be subtracted from gross land area
to arrive at net land area and net land area per unit. This has not been subtracted because staff did not ask for the square footage of this area to be called out on the plat.
The house on proposed Lot 2 is nonconforming as to the fifty foot river setback. Approval of this plat does not make existing nonconformities conforming.
Staff does not recommend platting limits of disturbance with this plat. Since proposed Lot 2 does not meet the minimum lot size requirements for by-right accommodation use, the single-family
house is a less intensive development that will protect the river corridor.
EVDC §10.C Streets and Roads
Public Works has reviewed this plan for compliance with Appendix D – Road Design and Construction Standards the plat either complies with all applicable standards or the Public Works
Director has waived some standards.
Dedication of right-of-way is required due to the projected widening of US 36 by the Colorado Department of Transportation. Staff agrees with the dedication of ten feet of right-of-way
along the front property line, rather than the seventy-five feet from the highway centerline requested by CDOT in Gloria Hice-Idler’s April 24, 2003 note.
Gloria Hice-Ilder also stated in her April 24, 2003 note that “projected right-of-way needed is seventy-five feet south of the highway centerline. Effort should be made to re-construct
the access so that it is perpendicular to the travel lanes for a minimum distance of forty feet.”
Staff does not typically recommend realignment of driveways with minor subdivision plats or condominium maps.
EVDC §10.D Sidewalk, Pedestrian Connections and Trails
Trails
The plat complies with this section of the Code by dedicating a ten foot public trail easement along the Big Thompson River. As property is subdivided along this river the Town has
requested public trail easements which will eventually connect to provide a continuous trail along the Big Thompson River in accordance with the Estes Valley Long Range Hike and Bike
Trails Plan found in the Estes Valley Comprehensive Plan.
Amy Plummer, Van Horn Engineering and Surveying, wrote a letter to Bob Joseph on April 30, 2003 requesting clarification about this trail easement. A copy of this letter is enclosed
in the Planning Commission packets for review. The Public Works Director and Community Development Director have discussed the questions raised in this letter and further discussion
will take place with the Town Attorney prior to the Planning Commission meeting.
Potential Trail Uses Allowed in the Estes Valley Development Code
The letter requested clarification of allowable trail uses. Per EVDC §13.3.239 the definition of “Trail and “Trail Head” is “a tract of land designated and used by the public for walking,
biking, horseback riding or other recreational activities, and a facility for the parking of motor vehicles that provides safe access to the trail.” EVDC §7.4.E.3 also states that
“Land dedicated for public trails shall be used for passive open areas purposes, including but not limited to walking, biking, picnicking, fishing, preservation of natural areas, environmental
education and wildlife habitat protection.”
Staff will discuss what uses are suitable for the Big Thompson River trail.
Provisions of Ownership and Maintenance
The letter also asked for clarification of maintenance responsibilities. Per EVDC §7.4.G Provisions of Ownership and EVDC §7.4.H Maintenance since this trail will be dedicated to a
public entity the implication is that the Town is responsible for maintenance of the trail.
However, per the Estes Park Municipal Code §12.20.050 property owners are responsible for sidewalk repair on or adjacent to their property. The Municipal Code does not define sidewalks.
EVDC §13.3.214 defines a “Sidewalk” as “a paved surface area usually paralleling and separate from the roadway, used as a pedestrian way.”
EVDC §10.5.E. Utility Standards
The Town has not required upgrades in water mains, fire hydrants, electric and street lighting systems, sanitary sewer systems, underground utilities, water systems, or fire safety for
boundary line adjustments since no new lots are created.
Public Works commented on water service upgrades to both lots. These upgrades will not be required since a boundary line adjustment is proposed. However the condominium conversion
of proposed Lot 1 will trigger adequate public facility requirements to upgrade water service on this lot.
The Town does require dedication of utility easements and drainage easements and placement of utility service lines crossing one lot to serve another into easements.
Per EVDC §10.5.E.5, utility easements shall be dedicated as required by each respective utility. Utility easements shall generally be twenty feet in width, centered on lot lines.
This plat dedicates ten foot utility easement along all property lines, except the southern property line. The easements do narrow to nine feet for the garage on proposed Lot 1 and
to 5.9 feet for the garage on proposed Lot 2. Utility providers have not required a utility easement along the southern property line and have not expressed concern with jogging the
easement around the existing buildings.
EVDC §10.5.F Private Open Areas and Trail
Trail dedication is addressed above and private open area dedication is not required for “A” zoned lots.
EVDC §10.5.G Vegetation Protection
The plat complies with this section of the Code. The plat shows significant trees on the southern side of the lots to demonstrate that trail location will not require removal of significant
trees.
EVDC §10.5.H Condominiums, Townhouses and Other Forms of Airspace Ownership
This section of the Code does not apply to minor subdivisions.
EVDC §10.5.I Monuments
The applicant shall comply with this section of the Code.
EVDC §10.5.J As-Built Drawings
Since no improvements are required with this minor subdivision plat as-built drawings are not needed.
EVDC §10.5.J Public Improvements
This section of the Code is not applicable since no improvements are required.
STAFF RECOMMENDATION – MINOR SUBDIVISION PLAT
Based on the foregoing, Staff recommends APPROVAL of the Mountain Haven Minor Subdivision (Boundary Line Adjustment) CONDITIONAL TO:
Approval of the minor subdivision plat includes a 17 percent minor modification to allow a twenty foot wide access easement/aisle width rather than the required twenty-four feet.
An access and maintenance agreement shall be reviewed and approved by staff prior to recording and a recorded copy shall be submitted to staff. This agreement shall include a provision
that the fence and dumpster can removed from the private access easement at the request of the Lot 1 owner.
The applicant shall comply with EVDC §10.5.I concerning monumentation.
This is an Estes Valley Planning Commission recommendation to the Estes Park Town Board.
STAFF FINDINGS – PRELIMINARY CONDOMINIUM MAP
This is also an application to condominiumize proposed Lot 1. Butler Park, LLC is the declarant and the name of the common interest community to be created is Mountain Haven Condominiums.
Declaration Section 16 – Declaration of Protective Covenants, Conditions and Restrictions restricts the use of each unit to single-family use with rental of units for terms of no less
than three months. The applicant has not reserved the right to build additional units or withdraw property from the Association. This map will reserve the right to expand Units 3,
4 and 7.
The site is located at 690 Moraine Avenue (US 36), in the Town of Estes Park.
This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board.
Reviewing Agency Comments
This request has been submitted to all applicable reviewing agency staff for consideration and comment. All letters and memos submitted by reviewing agency staff, referred to in Section
V of this staff report, are incorporated as staff findings.
The Colorado Division of Wildlife letter included a comment that “communal garbage dumpsters should be bear resistant to prevent problems with bears and raccoons. Staff supports this
recommendation; however, requirements to upgrade garbage dumpsters are not triggered with condominium maps.
Neighbor Comments
This request has been submitted to neighbors for consideration and comment. No comments were received.
EVDC §3.9.F.2 Effects of Approval of a Preliminary Subdivision Plat
Within twelve months from the date of the final approval of a preliminary subdivision plat, the developer shall submit an application for final subdivision plat for either all or at
least one phase of the proposed subdivision.
An approved final subdivision plat for any phase of the preliminary subdivision plan shall extend the life of the preliminary subdivision plan for an additional twelve-month period
from the date the final subdivision plat is approved. If the original twelve-month period or any successive twelve-month period expires before a final subdivision plat is approved,
then the preliminary plan approval automatically lapses and becomes null and void.
During the period in which an approved preliminary subdivision plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied
to affect adversely the right of the Applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary subdivision plat approval. However,
the Applicant shall comply with those local laws and regulations adopted subsequent to the approval of such preliminary subdivision if the Estes Valley Planning Commission determines,
on the basis of written findings, that compliance is reasonably necessary to protect the public health, safety or welfare.
EVDC §10.4.A Lots – Lot Dimensions and Configuration
The section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.4.B Lots – Access
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.4.C&D Lots – Flag or Flagpole Lots and Double and Reverse Frontage Lots
These sections of the Code are not applicable to the subdivision of proposed Lot 1 into individual condominium units, general common elements and limited common elements.
EVDC §10.4.E Lots – Side Lot Lines
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.4.E Lots – Lot Divisions
The section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.5.A Subdivision Design Standards - General
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.5.B Subdivision Design Standards – Compliance with Zoning Requirements
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.C Streets and Roads
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.D Sidewalk, Pedestrian Connections and Trails
Sidewalks
Construction of an eight foot wide sidewalk on the northern side of proposed Lot 1 in a location approved by staff and in accordance with EVDC requirements.
EVDC §10.5.E. Utility Standards
The Town Board has advised staff to strictly adhere to the adequate public facility standards for all subdivisions.
Water Mains and Fire Hydrants
Approval of this plat should be conditioned on compliance with the requirements outlined in Bill Linnane’s memo to Alison Chilcott dated April 21, 2003 concerning the proposed Lot 1
water lines and taps.
Electric and Street Lighting System
The Light and Power Department has expressed no concerns with the electric and street lighting system.
Sanitary Sewer Systems
The Upper Thompson Sanitation District has expressed no concerns with the sewer system.
Underground Utilities
This section of the Code does not apply to existing facilities.
Easements
This dedication of utility easements was addressed in the minor subdivision staff findings.
Stormwater Drainage
This plat shows the direction of drainage. This will not change with approval of the condominium map. Private drainage easements have been dedicated where drainage crosses proposed
Lot 1 onto proposed Lot 2.
Water Systems.
Water systems was addressed above under “Water Mains and Fire Hydrants.”
Fire Safety Standards
The Fire Chief has reviewed this plat and expressed no concerns about fire safety/protection.
EVDC §10.5.F Private Open Areas and Trail
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.5.G Vegetation Protection
The plat complies with this section of the Code. The proposed expansion areas will not require the removal of significant trees.
Restoration of disturbed roadside areas shall be completed in accordance with EVDC §10.5.G.2 after construction of the sidewalk.
EVDC §10.5.H Condominiums, Townhouses and Other Forms of Airspace Ownership
This section establishes review procedures for condominiums.
EVDC §10.5.I Monuments
This section of the Code was addressed in the minor subdivision staff findings.
EVDC §10.5.J As-Built Drawings
The applicant shall submit as-built drawings prior in accordance with EVDC §10.5.J As-Built Drawings
EVDC §10.5.J Public Improvements
The applicant shall comply with EVDC §10.5.J Public Improvements.
Parking should be striped in accordance with EVDC §7.11.0 Parking and Loading Area Design Standards.
The areas reserved for future expansion require additional Town review and approval prior to construction.
Declaration Section 2 – Common Elements states “The common driveway and the common parking areas, as shown on the Map, shall be general common element.” The sentence should be revised
to clarify that the Unit 7 parking spaces are limited common elements and all other parking spaces are general common elements.
STAFF RECOMMENDATION – PRELIMINARY CONDOMINIUM MAP
Based on the foregoing, Staff recommends APPROVAL of the Mountain Haven Preliminary Condominium Map CONDITIONAL TO:
Approval of this condominium map is conditioned on approval of the Mountain Haven Minor Subdivision Plat.
Construction of an eight foot wide sidewalk on the northern side of proposed Lot 1 in a location approved by staff and in accordance EVDC requirements.
Approval of this plat shall be conditioned on compliance with the requirements outlined in Bill Linnane’s memo to Alison Chilcott dated April 21, 2003 concerning the proposed Lot 1 water
lines and taps.
The applicant shall submit as-built drawings prior in accordance with EVDC §10.5.J As-Built Drawings.
The applicant shall comply with EVDC §10.5.J Public Improvements.
Parking shall be striped in accordance with EVDC §7.11.0 Parking and Loading Area Design Standards.
Declaration Section 2 – Common Elements shall be revised to clarify that the Unit 7 parking spaces are limited common elements and all other parking spaces are general common elements.
This is an Estes Valley Planning Commission recommendation to the Estes Park Town Board.
Page #6 – Mountain Haven Minor Subdivision (Boundary Line Adjustment) Plat and Preliminary Condominium Map
Mountain Haven Minor Subdivision and
Preliminary Condominium Map
Estes Park Community Development Department
Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
Approximate Location of Highway Centerline
75 Feet from Highway Centerline