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HomeMy WebLinkAboutSTAFF REPORT Coyote Run Preliminary Plat 685 Peak View 2023-12-19 COMMUNITY DEVELOPMENT Memo To: Chair Matt Comstock Estes Park Planning Commission Through: Jason Damweber, Interim Community Development Director From: Paul Hornbeck, Senior Planner Date: December 19, 2023 Application: Coyote Run Preliminary Subdivision Plat Frank Theis, Owner/Applicant CMS Planning & Development, Inc. Recommendation: Staff recommends Planning Commission forward to Town Board a recommendation of approval of the Coyote Run Preliminary Subdivision Plat subject to the findings of fact and conditions contained herein. Land Use: Comprehensive Plan Designation: (Future Land Use): Suburban Estate Existing Zoning District: E-1 (Estate) Site Area: 7.62 Acres (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a proposed preliminary subdivision plat to create four (4) lots in E-1 (Estate) Residential Zoning District, review the application for compliance with the Estes Park Development Code (EPDC), and make a recommendation to Town Board. Background: The subject property is 7.62 acres in size, described asa portion of Lot 1 of Dannels Addition to the Town of Estes Park, filed in 1954. It is zoned E-1 (Estate), and contains one single family residence, constructed in 1965. The applicant purchased the property in late 2022. A previous iteration of this project proposed development of three (3) ½- acre lots and one (1) 5.82 acre lot that was contingent upon a request to rezone the property from E-1 to E. That rezoning request was denied by Town Board on September 26, 2023. Thus, the current application proposes utilizing the existing E-1 zoning and developing lots that meet the minimum one-acre lot size. Location andContext: The subject property is located west of the intersection of Peak View Drive and Devon Drive, approximately ¼ mile west of South Saint Vrain Avenue (State Highway 7). Vicinity Map 2 ZoningMap Table 1: Zoning and Land Use Summary C OMPREHENSIVE P LAN Z ONING U SES S UBJECT P ARCEL Suburban Estate E-1 (Estate) Residential N ORTH Suburban Estate Unincorporated Larimer County Residential S OUTH Suburban EstateE-1 (Estate)Residential E AST Suburban Estate E-1 (Estate) Residential W EST Neighborhood Village R (Residential)Residential Project Description: The applicant proposes a four-lot subdivision named Coyote Run Subdivision for single- family residential use. Lots one through three will all be slightly over the one-acre minimum lot size required by the E-1 zone district. Lot four will be approximately 4.4 acres and contains one existing single-family residence. Access to lots one through three will be from Peak View Drive, utilizing a shared driveway located within an access easement that will be privately maintained by the lot 3 owners. The existing single-family home on lot four will continue to utilize the driveway from Peak View Drive, east of the proposed new access point. Project Analysis Review Criteria: Per the EPDC, Chapter 3 Review Procedures and Standards, Section 3.9.C.1., General, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Section 3.2 requires the Planning Commission review the preliminary plat and make a recommendation to the Town Board, who is the finaldecision-making body. The final plat is reviewed by the Town Board only. All applications for subdivisions shall be reviewed by the EPPC and Town Board for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. In accordance with § 3.9.E. “Standards for Review” of the EPDC, 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. 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. A. Lots. The proposed Coyote Run Subdivision is a subdivision of Lot 1, Dannels Addition. The four-lot subdivision includes three lots, eachapproximately one acre in size, and one lot of approximately 4.4-acres in size. All lots meet applicable minimum zoning standards for the E-1 (Estate) Zoning District. B. Subdivision Design Standards. No subdivision application shall be approved unless it complies with all of the following standards and criteria: 1. Relationship to Comprehensive Plan. The subject property is designated as Suburban Estate in the Estes Forward Comprehensive Plan's Future Land Use Map. This category "is intended for low to medium density single family residential development.” The Built Form of this category “typically consists of medium-sized single-family homes on lots that are at least a quarter-acre in size… new homes should be appropriately scaled for compatibility with existing neighborhood character.” The proposed subdivision is consistent with the surrounding area and with the recommendations of the Estes Forward Comprehensive Plan. 2. Geologic and Wildfire Hazard Areas. There are no abnormal Geologic or Wildfire Hazard areas identified within this subdivision area. 4 3.Off-Site Utilities and Services. a. Water.The Town of Estes Park will provide water service to the four proposed lots. Town Utilities/Water has stated they can provide water with service lines using existing mains in this area and has "no objection" to the preliminary plat application. b. Fire Protection. The Estes Valley Fire Protection District has reviewed this proposal and commented that fire hydrants are required (one is proposed at the southwest corner of lot four). c.Electric.Power and Communications has no objections to the proposed subdivision request. d. Sanitary Sewer. The Upper Thompson Sanitation District (UTSD) provides sewer services to the area and will make comments upon receiving and reviewing a full set of construction drawings pertaining to the sanitary sewer. e. Stormwater Drainage. The Applicant submitted a Preliminary Drainage Report (Attachment 4) and Grading, Drainage, and an Erosion Control Plans (Attachment 5). Public Works finds the submittal requirements substantially met subject to minor corrections which will be made with the Final Plat submittal. 4. Plans for Remainder Parcel(s). There are no remainder parcels with this subdivision. Lot four is large enough to potentially be further subdivided in the future but the applicant has not indicated any plans to that effect. 5. Orientation of Land Uses. The proposed four lot subdivision will be for single-family residential use and is consistent with surrounding uses and density. 6. Improvements. The code requires all public improvements to either be installed or financially guaranteed. An Improvement Agreement and the associated improvements will be secured by letter of credit or cash deposit as part of the Final Plat. 7. Reserved Strips Prohibited. Not applicable. C. Compliance With Zoning Requirements. 1. Compliance with Zoning Development Standards. The proposed layout of lots, driveways, utilities, drainage facilities and other services are designed consistent with the code requirement that seeks to minimize the land 5 disturbance, maximize the amount of open space in the development, and preserve existing trees/vegetation. 2.Limits of Disturbance.Section 10.5.B.2 of the EPDC requires that limits of disturbance (LOD) be established with the subdivision of land. The proposed limits of disturbance for each lot coincides with the required building setback (25 feet from all property lines). D. Streets.No new public streets are proposed with the subdivision. Traffic generated by the subdivision does not warrant turn lanes on Peak View Drive. As a collector street Peak View Drive is required to have a minimum six foot wide bike lane per Development Code Appendix D Section II.B1.c. Public Works has indicated they will waive this requirement if a ten foot wide trail is built in ). accordance with the Estes Valley Master Trails Plan (see Plan maps here Access to lots one through three will be from Peak View Drive, utilizing a shared driveway located within an access easement that will be privately maintained by the lot owners. A maintenance agreement will be required with the final subdivision plat application and will be recorded to ensure perpetual maintenance. The single-family home on lot four will continue to use the driveway that already serves the residence. E. Sidewalks, Pedestrian Connections and Trails. There is currently no trail or sidewalk along the 1.7 mile length of Peak View Drive between Highway 7 and Marys Lake Road but a future trail is identified in the Estes Valley Master Trails Plan, which states: To increase neighborhood connectivity, the Peak View Drive corridor was identified to link Country Club Drive and the proposed Fish Creek Trail to Kruger Rock Trail. A short segment should also be constructed on the west side of St. Vrain Avenue. This would create needed east to west access in the southern portion of the Estes Valley. To slow traffic on Highway 7, a gateway treatment is recommended in advance of the trail crossing across on Highway 7. Trails shown in the Master Trails Plan are constructed both as capital projects undertaken by the Town and as a requirement of private development such as the proposed subdivision. Sections 4.3.D.3, 7.4 and 10.5.D cover sidewalk, pedestrian connections, and trail requirements, including the following excerpts: 6 § 4.3 -Residential Zoning Districts D. Additional Zoning District Standards. 3. Pedestrian Amenities and Linkage Requirements. a.Provision shall be made for pedestrian amenities and linkages in the residential zoning districts, including but not limited to sidewalks, pathways and bikeways. b.To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the Estes Valley Planning Commission determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas or other significant natural areas. c.Sidewalks shall be provided as set forth in §10.5.D, "Sidewalks, Pedestrian Connections and Trails. § 7.4 -PUBLIC TRAILS AND PRIVATE OPEN AREAS A. Applicability. 1.Trails. All new subdivisions shall provide for public trails pursuant to this Section and Chapter 4, "Zoning Districts." C. Locational Criteria. 3. Dedications for trails shall be at locations deemed appropriate by the Decision-Making Body and shall, to the maximum extent feasible, be in accord with the trails/bike path element contained in the Estes Valley Comprehensive Plan or any other subsequently adopted comprehensive hike/bike or open areas plan. F. Design Criteria. 2.Trails. Dedicated public trails shall meet the following design standards: a. Dedication of land shall be a minimum width of twenty-five (25) feet; and b. The trail shall conform to design criteria set forth in any bike/trail plan or park and recreation plan adopted by the Town of Estes Park or Larimer County, if applicable. 7 § 10.5 -SUBDIVISION DESIGN STANDARDS D. Sidewalks, Pedestrian Connections and Trails. 1.General. a.To the maximum extent feasible, all subdivisions shall provide pedestrian linkages, including trails, to parks, schools, adjacent developments and existing and proposed hike and bike trails as depicted in the Estes Valley Long Range Hike and Bike Trails Plan (found in the Estes Valley Comprehensive Plan). b.Hard-surfaced pedestrian walkways (minimum five \[5\] feet in width) or easements (minimum ten \[10\] feet in width) may be required to provide access to parks or open areas, schools or other similar areas where, in the Decision-Making Body's opinion, significant pedestrian usage is anticipated or adequate pedestrian circulation is needed. In accordance with the above code sections, staff has determined that a ten-foot- wide concrete trail, placed within a 25-foot-wide easement, is required along the length of Peak View Drive. The applicant has agreed to dedicate the 25-foot-wide easement but has requested the requirement to construct the trail be waived in the statement of intent (Attachment 2). The Code does not specifically address criteria for waiving the trail requirement but Section 7.4.C.3 above indicates dedications for trails shall be at locations deemed appropriate by the Decision- Making Body, Town Board in this case. F. Open Space Area. The EPDC Section 4.3.D. requires residential subdivisions containing five or more lots to set aside a percentage of the gross land area for open areas. The subdivision application proposes four lots and therefore is not subject to this requirement. Review Agency Comments: The preliminary plat application was referred out to all applicable review agencies for comment. Agency comments were received by Staff, which have been addressed with the revised plat submittal (Attachment 3). Public Comments: A neighborhood and community meeting regarding the preliminary and final plat was held in the Estes Park Library, 335 East Elkhorn Avenue on November 13, 2023. There were approximately twelve residents in attendance. A summary of the meeting provided by the applicant is enclosed (Attachment 6). No formal public comments were received at the time of this staff report. 8 Staff Findings: Based on the foregoing, staff finds: 1. The Planning Commission is the Recommending Body for the Preliminary Plat. 2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the Preliminary Plat. Town Board approval of a Final Plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 5. The Preliminary Plat application complies with applicable standards set forth in the EPDC, with the exception of the requirement for a 10-foot-wide concrete trail along Peak View Drive, which the applicant has requested be waived. Advantages: This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Standards”, with the exception of the trail requirement outlined above. Approval of the Coyote Run Subdivision PreliminaryPlat would allow the applicant to move forward with a final subdivision plat application and towards development of a four-lot residential subdivision. This would result in an increase in housing stock for the Estes Valley. Disadvantages: None known. Action Recommended: Staff recommends Planning Commission forward to the Town Board a recommendation of approval of the Coyote Run Preliminary Subdivision Plat according to the findings of fact and subject to the following conditions of approval below: a. The applicant shall provide a ten-foot-wide concrete trail for the length of the Peak View Drive frontage on lots one and four. b. Any outstanding staff and referral agency comments shall be addressed on the final subdivision plat. Finance/Resource Impact: Little or none. 9 Level of Public Interest Moderate. Sample Motion: 1. I move to forward a recommendation of approval to the Town Board of Trustees of the Coyote Run Preliminary Subdivision Plat, according to findings of fact recommended by Staff and with the following conditions of approval: a. The applicant shall provide a ten-foot-wide concrete trail shall for the length of the Peak View Drive frontage on lots one and four. b. Any outstanding staff and referral agency comments shall be addressed on the final subdivision plat 2. I move to continue the Coyote Run Preliminary Subdivision 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 Coyote Run Preliminary Subdivision Plat application, finding that ... \[state findings for denial\]. Attachments: 1. Application 2. Statement of Intent 3. Preliminary Subdivision Plat 4. Preliminary Drainage Report 5. Grading, Drainage, and Erosion Control Plans 6. Neighborhood Meeting Summary 10 STATEMENT OF INTENT Preliminary Plat of Coyote Ridge Subdivision in Estes Park, Colorado CMS Planning & Development, Inc. - Applicant Revised on 11/27/23 The subject property is 7.62acres located at685 Peak View Drive, onthe northside of Peak View Drive andapproximately 1/3mile westof South Saint Vrain(Highway 7) in Estes Park, Colorado.It is zoned E-1, whichallows 1-acre minimum single-family residential lots.The Applicant is proposing a Preliminary Plat to subdivideitinto three1-acre+lotsand one 4½acre lot. Access All three of the new single-family lots access onto a private, shared driveway in a 45-foot-wide access easement on Lots 1 and 2. This private driveway provides access onto Peak View Drive across from Longs Drive. The existing residence on the 4 ½ acre lot will keep the existing access drive off of Peak View Drive. Utilities Underground electric and water mains will be extended to the new subdivision from locations near the intersection of Devon Drive and Darcy to the subject property. Two new fire hydrants will be installed on the property, and a fire truck turn around will be provided on the shared driveway. A sewer main will extended from the west along the north side of Peak View Drive to the subject property. Phasing Schedule The construction of infrastructure for the subdivision will begin immediately upon Final Plat filing. The first house will begin construction as soon as a permit can be obtained. Waiver of Trail Requirement The applicant is requesting a waiver of the requirement for a 10-foot-wide multi-use trail for this subdivision. In the zoning district descriptions in Chapter 4 of the Development Code, there appears to be a distinct difference between the E (1/2 acre lots) and E-1 (1 acre lots). The clear difference is that E requires "providing for additional parks, open space and trail/bikeway connections", whereas E-1 makes no mention of such amenities.The implication in the zoning district descriptions is that the trail requirement doesn't apply in the E-1 zoning. We are not aware of any E-1 subdivisions which have been required to install the 10'-wide concrete trail, and there are no sidewalks or trails along the entire length of Peak View Drive. Standards For Review This Preliminary Plat meets all the requirements outlined in the Estes Park Development Code Chapters 3 and 10. __________________________________________________________________________________________________________________ CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200 Minutes for the Coyote Run Preliminary and Final Plat Neighborhood Meeting. On 11/13/23, 6 PM at the Estes Park Public Library. The meeting started right at 6 PM. There were general, but no formal introductions. A group of 12 or so from the public came up to the front table to review the materials provided and that were laid out. Questions/comments included: Concern about the culvert pipe under Peak View Road at the west end of the property. Increase in Storm water flow is the concern for the neighbor to the south. Question about the location of the concrete washout structure, which was answered by locating it on the erosion control plan. Question about the distinction of a driveway versus a road. Easement versus a right of waywas discussed. How many homes can be on the driveway before it is considered a road? 4. Question about the height of the units. 30 foot height limit with adjustable measurement for such according to the code. Question about the HOA. Will there be one? Yes, seemsso. Seems like there should be an H.O.A. to share the maintenance of the driveway. KristineP. would like a specific answer to this. Question, if we are submitting the preliminary and final Plats together. Both are prepared for that. Question about the wildlife path across the property. Not shown on drawings. Question about if the internal driveway would be paved. Yes. Question about if three or four more lots will be available in the 4.5 acre parcel. Future question. It was pointed out that the lots to the north are listed smaller than they actually exist because they extend across Devon Drive Question about trees on-near the spite strip. Will they be removed? Can be for utilities, but not planned to be removed unless necessary. There were a couple of corrections on ownership and spelling for the neighboring lot information. The powerline on the communication sheet does not clearly show the proposed powerline The owners to the south named Dan and Tami request a special meeting about the stormwater culvert pipe outlet. That outlet water does not damage their house, but makes their backyard wet. There were nine people on the zoom link and 12 that attended the meeting and signed up on the attendance roster. The meeting ended at 7 o’clock. Minutes-notes from Lonnie Sheldon – Van Horn Engineering and Surveying.