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HomeMy WebLinkAboutVARIANCE River Setback 800 MacGregor Ave 2016-03-03 Black Canyon Inn Overflow Employee Parking, Variance Request Parking Lot Stream Corridor Setback Requirement 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 E STES V ALLEY B OARD OF A DJUSTMENT MEETING DATE: May 3, 2016 REQUESTS :Variance from the Estes Valley Development Code (EVDC) Section 7.6.E.1.b which requires parking lots to be set back at least 50-feet horizontally from river corridors to accommodate the installation of an "overflow" parking lot within the 50-foot stream corridor setback. LOCATION: 800 MacGregor Avenue OWNER/APPLICANT: Sloan Investments, LLC CONSULTANT/ENGINEER: Primary Contact: Jes Reetz, Cornerstone Engineering and Surveying STAFF CONTACT: Carrie McCool, Planner : PROJECT DESCRIPTION AND BACKGROUND The Black Canyon Inn Development Plan was approved in 2009 for a mix of multi-family, duplex and single family accommodation units. The lower portion of this project has been built and is currently in operation and includes a mix of accommodation units, a restaurant, employee units, pool, an outdoor pavilion, and an office. On March 15, 2016, the Estes Valley Planning Commission (EVPC) approved an amendment to the 2009 Development Plan to convert the upper portion of the site to a townhome subdivision and decrease the density from 19 to 17 units as well as to construct an overflow employee lot on the lower portion of the site. The EVPC is the Decision-Making Body for the Development Plan. At the same public hearing, the EVPC recommended approval (with conditions) of a Minor Subdivision Plat to separate the upper four (4) acres of vacant land from the developed condominium area and a Preliminary Townhomes Subdivision Plat to accommodate seventeen (17) townhome units with associated parking and entry walk-ways. The Town Board of Trustees is the Decision–Making Body for the Minor Subdivision and Preliminary Townhomes Subdivision Plat The Town Board of Trustees unanimously approved the Minor Subdivision and Preliminary Townhomes Subdivision Plat at the April 26, 2016 public hearing with conditions as recommended by Town Staff. The applicant is requesting a variance as a part of this project scope to provide additional parking for employee overflow parking as existing uses have generated that need. Due to the unique topography of the site, the only remaining location on site that could accommodate overflow parking is the lower portion of the site within a river setback. SITE DATA TABLE: The project site is accessed directly from MacGregor Avenue, approximately 2,000 feet north of the Wonderview Avenue intersection. The site borders similar accommodation uses along the south (Overlook Condominiums), and single and multi-family uses to the east. The property is zoned Accommodations (A). Parcel Number: 35233-15-056 Lot Area: 4 acres Existing Land Use:Proposed Land Uses: Same existing uses; 16 overflow parking Residential; and High Intensity Accommodations: spaces for use as needed during events at Resort/Lodge CabinsBlack Canyon Inn Services: Water: Town of Estes Park Sewer: Estes Park Sanitation District Lot Coverage: Maximum Allowed: 50% Proposed: 34% Hazards/Physical Features Mapped in the project vicinity? Wildfire Hazard No Geologic Hazard No Wetlands No Streams/Rivers Yes Ridgeline Protection No Wildlife Habitat Yes – Report on file : In accordance with Section 3.6 C. “Standards for Review” of the EVDC, REVIEW CRITERIA all applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Board of Adjustment is the Decision-Making Body for this application. Please refer to the “Statement of Intent” document received on February 3, 2016 for the Applicant’s comments regarding the review standards. 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code’s standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. Staff Finding: The existing slope and natural features (e.g., rock outcroppings) present challenges when designing the site layout. Similar to the original development plan, the applicant made efforts to avoid trees and rock outcroppings to the most extent feasible. Due to the topography, the site requires numerous retaining walls. All other parts of the site would have required substantial grading and tree removal to provide overflow employee parking. As such, Staff finds that the subject lot has exceptional topographic conditions that would require a variance. Further, the project in its entirety, advances several adopted Estes Valley Board of Adjustment, May 3, 2016 Page 2 of 5 Black Canyon Inn Variance Request Community-Wide goals and policies related to land use, community design, scenic and environmental quality and economics. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance. Staff Finding: No other portion of site is available to accommodate the employee overflow parking lot. Existing approved uses on this site are generating this occasional parking need and will reduce the instances of guests and employees parking in unapproved locations that may negatively impact emergency access. The location of the parking lot is at the base of a large rock cliff and there is no space to setback this parking lot further from the Black Canyon Creek. Other locations would require setback variances and potentially affect neighborhood character and negatively impact the environment through the need for grading, removal of trees and rock outcroppings. b. Whether the variance is substantial. Staff Finding: The variance request includes a parking lot that will only be utilized during the summer season as needed for accommodating employees working events such as weddings. The proposed parking surface would be constructed of compacted base course rather than asphalt to minimize flood debris during a potential flood event. This will minimize potential surface runoff and minimize sediment transfer into the stream. The distance of the parking area to the bank of Black Canyon Creek at its closest point would be approximately 20 feet at the entry to the parking area on the north side of the site. Given the sporadic use and the type of parking surface, the variance requested is not substantial. c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance. Staff Finding: Due to the seasonal and sporadic use of this overflow parking lot, adjoining properties will not be negatively affected by this development. Creation of this parking lot may reduce the incidence of event-related parking occurring on neighboring properties. Setback from the road, surrounding topography, and vegetation in the area will minimize view of the parking area from neighboring properties and from MacGregor Avenue. Overflow employee parking uses are typical within the Accommodations zoning district. This action will support resort use, tourism, and accommodations uses encouraged by the Estes Valley Comprehensive Plan by addressing occasional parking generated by these economic activities on this site. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The requested variances would not adversely affect public service delivery. e. Whether the Applicant purchased the property with knowledge of the requirement. Staff Finding: The uses previously approved and permitted in the area by the Town such as the Black Canyon Inn and the Twin Owls Steakhouse, are permitted uses within the Accommodations zoning district. These uses have generated occasional overflow parking needs above and beyond what can be accommodated given the constraints of Estes Valley Board of Adjustment, May 3, 2016 Page 3 of 5 Black Canyon Inn Variance Request the site’s topography. At an average of 120 vehicle trips per day to the Black Canyon Inn and surrounding uses, the applicant is attempting to accommodate a parking need that was not foreseen by Town staff nor the property owner. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: Staff finds that the applicant’s proposal cannot be accommodated through any other method except a variance. The applicant is proposing the solution with the least impact to the site and with minimal permanent impact to the site by use of less permanent parking surfaces to reduce debris during a flood event. No other locations are available to meet this use without substantial site disturbance and removal of vegetation to meet the Code requirement. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff Finding: Staff finds that the applicant’s request for a variance is due to the existing approved use of the subject property and the unique topographical challenges created by the rock outcroppings and cliffs on the property. As such, Staff finds that the circumstances are unique to the applicant’s proposal, and are not of so general or recurrent of a nature as to make it reasonable for the regulation to be changed to accommodate similar circumstances. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: The variance requests will not result in a reduction in the size of lots contained in an existing or proposed subdivision. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The applicant has demonstrated that the proposed parking area cannot be located elsewhere without extensive site disturbance nor further from the stream due to the location at the bottom of a large rock formation. The variance request represents the least deviation from the river setback that will afford relief. 6. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. Staff Finding:The variances requested will not permit a use prohibited or not expressly permitted in the Accommodations zone district. 7. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Estes Valley Board of Adjustment, May 3, 2016 Page 4 of 5 Black Canyon Inn Variance Request Staff Finding: Staff does not have any recommended conditions of approval for the Board’s consideration; however, the Board is welcome to provide conditions of approval to address any concerns that arise during the public hearing. REFERRAL AND PUBLIC COMMENTS:This variance request was routed to reviewing agency staff and adjacent property owners for consideration and comment concurrently with the Amended Development Plan, Minor Subdivision and Preliminary Townhomes Subdivision Plat applications. The public hearing for the variance request was publicly noticed in accordance with the applicable public notification requirements of the Estes Valley Development Code. One formal written comment has been submitted to the Community Development Department in regards to the application package, with particular focus on the Amended Development Plan, Minor Subdivision and Preliminary Townhome Plat applications. Any written comments will continue to be posted to www.estes.org/currentapplications. STAFF FINDINGS: Staff finds that the application for the proposed variance request would comply with the applicable review criteria set forth in Section 3.6.C “Standards for Review” of the Estes Valley Development Code and advance goals, policies, and objectives adopted in the Estes Valley Comprehensive Plan. POTENTIAL MOTIONS: Below are the Board of Adjustment options related to the variance request: 1. I find that the application substantially meets the criteria above, and move to recommend APPROVAL of the variance request application with no conditions. 2. I find that the application substantially meets the criteria above, and move to recommend APPROVAL of the variance request application with conditions as determined by the Board of Adjustments. 3. I find that the application does not substantially meet the criteria above, and move to recommendDENIAL of the variance request application. 4. I find that the Applicant has not provided sufficient information to review the application per the criteria above and recommend CONTINUING THE HEARING to provide adequate time to review additional materials. ENCLOSURES: 1. Statement of Intent and Application 2. Development Review Plan (Grading Plan dated January 2016) Estes Valley Board of Adjustment, May 3, 2016 Page 5 of 5 Black Canyon Inn Variance Request