HomeMy WebLinkAboutSTAFF REPORT EPPC 1069 Morgan St Preliminary Plat 2023-06-20
COMMUNITY DEVELOPMENT
Memo
To: Chair Matt Comstock
Estes Park Planning Commission
Through: Jessica Garner, AICP, Community Development Director
From: Jeffrey Woeber, Senior Planner
Date: June 20, 2023
Application:Kraemer/Taylor Townhome Subdivision Preliminary Plat
Richard and Mary Kraemer (Owner/Applicant, Unit A)
Terry and Peggy Taylor (Owner/Applicant, Unit B)
Craig Stirn, Law Office of Craig Stirn (Representative)
Recommendation: Staff recommends the Planning Commission forward a
recommendation of approval to the Town Board of Trustees, subject to the
findings described in the staff report.
Land Use:
Comprehensive Plan Designation: (Future Land Use): Neighborhood Village
Existing Zoning District: R-2 (Two-Family Residential)
Site Area: 0.54 Acre
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Applicant requests the Planning Commission review the proposed Preliminary
Subdivision Platto create two “Townhome” lots in an R-2 (Two-Family Residential)
Zoning District.
Location:
The property is legally described as the Morgan Street Condominium Map, within Lot 32
of the Fort Morgan Colony Subdivision. It is located approximately 300 feet west of the
northwest corner of the intersection of Morgan Street and South Saint Vrain Avenue.
Background:
The subject property contains a duplex, which according to Larimer County Assessor’s
records was constructed in 1985. At that time, a Condominium Map was processed and
recorded, creating two condominium units. This was well before the Estes Valley
Development Code and associated rezoning in 2000.
TheCondominium Map created the two units,with General Common Elements (GCE)
and Limited Common Elements (LCE) on a 0.54-acrelot. Rather than using the
property according to the Condominium Map, the owners have agreed to use the
property as two separate lots divided generally in the middle, with fences separating the
yards. This informal agreement has been in place for several years.
Project Description:
The Townhome Subdivision will reconfigure the condominiums into two lots, consistent
with the use of the duplex property. Although the current owners have long agreedwith
the arrangement and layout that is in place, havinga plat recorded forconsistency with
the property lines is necessary,if one or the other condominium unit were to change
ownership. The existing duplex and improvements have been in place since the mid-
1980s and no new development is proposed.
The Townhome Subdivision provisions of the EPDC, within Section 10.5.H., have been
applied to similar situations in dividing an existing duplex into two Townhome lots.
Location and Context:
Project Location, Zoning
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Vicinity Map
Table 1: Zoning and Land Use Summary
Comprehensive PlanZoneUses
SubjectR-2(Two-Family
NeighborhoodVillageResidential
SiteResidential)
NorthSuburban EstateE (Estate)Residential
SouthSuburban EstateE (Estate)Residential
EastNeighborhoodVillageR(Residential)Residential
WestSuburban EstateE (Estate)Residential
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Properties surrounding the subject property are developed with single-family
residences, with onecondominium duplex similar to the applicant’s located to the
southeast.
Project Analysis
Review Criteria
The EPDC Section 3.9.E. requires “All subdivision applications shall demonstrate
compliance with the standards and criteria set forth in Chapter 10, “Subdivision
Standards,” and all other applicable provisions of this Code.” Upon recommendation by
the Planning Commission, the Preliminary Plat will go to the Board of Town Board of
Trustees for action, along with the Final Townhome Subdivision Plat. The Final Plat is
not reviewed by the Planning Commission.
Depending upon the project’s complexity, this section may be a brief summary of the
standards of review or may involve a more detailed analysis of the criteria based on
issuesrelevant to any particular project. Staff emphasizes this Townhome Subdivision
contains an existing duplex and no further development is proposed on either lot.
1. Lots. The existing duplex was approved on the Morgan Street Condominium Map,
recorded in the records of the Larimer County Clerk and Recorder at Reception
No. 86008901, on 02/21/1986. This Condominium Map created the two units with
area designated asGeneral Common Element (GCE) and Limited Common
Element (LCE), access easements for an adjacent property,and utility easements.
The currentTownhome Subdivision proposal is to create two lots. Lot 32A is
16,246 square feet and 32B is 17,451 square feet in size. The existing easements
are also included on the plat.
The Townhome Subdivision provisions in the EPDC, under Section 10.5.H.,
require the Townhome project to comply with the underlying zoning district. A
duplex requires a minimum lot area of 27,000 square feet. The total area of the
combined property is 33,697 square feet, although the duplex was constructed well
before adoption of the Estes Valley Development Code in 2000. Section 10.5 H.
allows each individual townhome unit to be on a smaller lot, subject to approval of
the Decision-Making Body. Staff is recommending the EPPC forward a
recommendation of approval to the Town Board of Trustees with the smaller lot
size for each townhome unit..
2. Comprehensive Plan. The subject property is designated as Neighborhood
Village in the Estes Forward Comprehensive Plan's Future Land Use Map. This
category "contains medium to higher density single family residential organized in
a more compact development pattern…” The subdivision and existing duplex units
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areconsistent with the surrounding area and with the recommendations of the
Estes Forward Comprehensive Plan.
3. Water, Electric. The Town of Estes Park currently provides water and electric
service to the two proposed lots, with easements in place on the subdivision plat
that are acceptable and approved by the Town Utilities Department.
4. Sanitary Sewer. Sewer service is provided by the Estes Park Sanitation District
(EPSD). Revisions to easements were made to the preliminary plat as requested
by the District. A shared expense document for a common sewer line was
reviewed and approved, and with that the subdivision proposal is “acceptable to
the District.”
Reviewing Agency Comments:
The preliminary plat application was referred out for agency comments. Agency
comments were received by staff, which have been addressed with the revised plat
submittal (attached). There are no outstanding issues.
Public Comments:
A neighborhood and community meeting regarding the project was scheduled and
noticed per EPDC requirements, with no attendees.
In accordance with the notice requirements in the EPDC, notice of the Planning
Commission meeting was published in the Estes Park Trail-Gazette, on June 2, 2023.
Notification was mailed to all required adjacent property owners on May 30, 2023.
Staff has received no inquiries or opposition at this writing.
Any comments submitted will be posted to: www.estes.org/currentapplications.
Staff Findings:
1. The Planning Commission is the Recommending Body for the Townhome
SubdivisionPreliminary Plat.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the
Townhome Subdivision Preliminary Plat. Town Board approval of a Townhome
Subdivision Final Plat is alsonecessary to subdivide the property.
3. The minimum lot area for each of the two proposed Townhome lots does not
meet the minimum lot area for the R-2 Zone District, but is allowable under
Section 10.5.H. of the EPDC. The proposed lots will not cause any adverse
impact to the surrounding area.
4. Adequate public/private facilities are currently available and in place to serve the
subject property.
5. This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
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6.The Townhome Subdivision Preliminary Platapplication complies with applicable
standards set forth in the EPDC.
Recommendation:
Staff recommendsapproval of the Kraemer/Taylor Townhome Subdivision Preliminary
Plat.
Sample Motions:
1. I move to forward a recommendation of approval to the Town Board of Trustees
of the Kraemer/Taylor Townhome Subdivision Preliminary Plat, according to
findings of fact recommended by Staff.
2. I move to continue the Kraemer/Taylor Townhome Subdivision Preliminary Plat
application to the next regularly scheduled meeting, finding that … \[state reasons
for continuing\].
3. I move to forward a recommendation of denial to the Town Board of Trustees of
the Kraemer/Taylor Townhome Subdivision Preliminary Plat application, finding
that … \[state findings for denial\].
Attachments:
1. Application
2. Statement of Intent
3. Preliminary Plat
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ESTES
APPLICATION
Submittal Date:3/24/2023
Type of Application
Condominium Map
Boundary Line Adjustment
Development Plan
Preliminary Map
ROW or Easement Vacation
Special Review
Final Map
Street Name ChangeTime
Preliminary Subdivision Plat
Supplemental Map
Final Subdivision Plat
Minor Subdivision Plat
Townhome Plat Preliminary
Amended Plat
Other: Please specify
General Information
Kraemer / Taylor Morgan Street Townhome Subdivision
Project Name
Condo Association termination to divide into two separate lots
Project Description
1069 Morgan Street, Units A & B, Estes Park CO 80517
Project Address
Lot 32 Fort Morgan Colony Subdivision, Estes Park
Legal Description
Parcel ID #
Site Information
Lot SizeArea of Disturbance in Acres
Condominium w/ Association for green space, yard
Existing Land Use
Townhouse (2 units) with each to have separate lot
Proposed Land Use
5
Existing Water Service TownWellNone Other (specify)
5
Proposed Water Service TownWellNone Other (specify)
5
Existing Sanitary Sewer ServiceEPSDUTSDSepticNone
5
Proposed Sanitary Sewer ServiceEPSDUTSDSeptic
Is a sewer lift station required?YesNo
5
Existing Gas ServiceXcelOtherNone
Existing ZoningProposed Zoning
Public Street
Site Access (if not on public street)
5
Are there wetlands on the site?YesNo
5
Site staking must be completed at the time application is submitted. Complete?Yes No
Primary Contact Information
Craig Stirn - Attorney
Name of Primary Contact Person
343 W Drake Road, Suite 105, Fort Collins CO 80526
Complete Mailing Address
5
Primary Contact Person isOwnerApplicantConsultant/Engineer
Attachments
5
Application fee 5
Digital Copies of plats/plans in TIFF or PDF format emailed to
5
Statement of intentplanning@estes.org
5 copies (folded) of plat or plan
5
11" X 17" reduced copy of plat or plan
Please review the Estes 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 P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Revised 20
Contact Information
Terry L & Peggy A. Taylor Richard E. & Mary Louise Kraemer
Record Owner(s)
1358 SW Wayne Ave, Topeka KS 66604 2553 Creekwood Drive, FC CO 80525
Mailing Address
Phone
970-308-5030
Cell Phone
Fax
Email
Terry L & Peggy A. Taylor Richard E. & Mary Louise Kraemer
Applicant
1358 SW Wayne Ave, Topeka KS 66604 2553 Creekwood Drive, FC CO 80525
Mailing Address
970-308-5030
Phone
Cell Phone
Fax
Email
Consultant/Engineer
Mailing Address
Phone
Cell Phone
Fax
Email
APPLICATION FEES
For development within the Estes Town limitsSee the fee schedule included in
yourapplication packet or view the fee schedule online
ll requests for refunds must be made in writing.All fees are due at the time of submittal.
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:
Record Owner PLEASE PRINT:
Applicant PLEASE PRINT:
Signatures:
Record Owner Date
Applicant Date
Revised 20
APPLICANT 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 materialsand 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
Development Code (EDC).
I acknowledge that I have obtained or have access to the EDC,and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing ofand decision on the application.
The Estes Development Code is available online at:
http://www.estes.orDevCode
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 EDC.
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 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:
Applicant PLEASE PRINT:
Signatures:
Record Owner Date
Applicant Date
Revised 20