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Home My WebLink AboutSTAFF REPORT Rezone 927 Moraine Ave 2016-12-20 927 Moraine Ave., Zoning Map Amendment 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 P LANNING C OMMISSION MEETING DATE & LOCATION: December 20, 2016, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This request is to rezone a portion of the future lot Lot 2A, Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights from CO (Commercial Outlying) to A (Accommodations). Staff recommends approval of this Zoning Map Amendment STAFF OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC); and 2. Provide basis for Planning Commission recommendation to the Town Board of Trustees. PLANNING COMMISION OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC); 2. findings and analysis; and 3. Provide a recommendation to the Estes Park Town Board of Trustees of approval or denial of the rezoning application. LOCATION: 927 Moraine Ave., within the Town of Estes Park OWNER/APPLICANT: Flatirons Hospitality, LLC (Sean Keating) / same as owner CONSULTANT/ENGINEER: Van Horn Engineering & Surveying STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION & BACKGROUND: The subject property is currently made up of five legal lots and is zoned A Accommodations. It is approximately 1.45-acres in size. The property is part of an Amended Plat application that proposes moving the common property boundary between the five western lots and 1 eastern lot eastward, in order to remove a common boundary line from running through an existing building. The result will be two legal lots, Lot 2A and Lot 1A. The area proposed to be transferred from the eastern lot to proposed Lot 2A is approximately 0.193-acres in size and is zoned CO (Commercial Outlying). Without an approved rezoning, proposed lot 2A will be a split zoned lot with both the A and CO zone district designations. See Figure 1. The Amended Plat application is a Staff Level approval and has not yet been approved as of the date of writing this staff report. The anticipated approval date falls between Planning Commission and Town Board hearing dates for the rezoning application. Figure 1: Location map showing proposed Lot 2A, Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights with split zoning (A Accommodations and CO Commercial Outlying). SITE DATEA TABLE: Surveyor: Van Horn Engineering & Surveying Parcel Numbers: 3535206002 Development Area: Approx. 1.643 acres Existing Land Use: Motel/Hotel Proposed Land Use: Motel/Hotel Accommodations Accommodations Zoning Designation: A-Accommodations Adjacent Zoning: East: CO Commercial Outlying North: E-1 Estate West: A Accommodations South: Federal Land (no zoning) Adjacent Land Uses: East: Sundeck Restaurant North: Single-family residential homes West: Multiple accommodations buildings South: Rocky Mountain National Park Services: Water: Existing TOEP service (no Sewer: Existing Upper Thompson changed proposed) Sanitation District (no change proposed) Estes Valley Planning Commission, December 20, 2016 Page 2 of 4 927 Moraine Ave., Zoning Map Amendment STAFF REVIEW: 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. In VPC, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Finding: The Amended Plat application proposes adjusting the common boundary line between current Lot 1 and 2, Beaver Point Heights and combining current Lots 2, 3, 4, 11 and 12 into proposed Lot 2A. The result will leave newly created Lot 2A with split zoning (A Accommodations and CO Commercial Outlying). Approval of the rezoning request will bring the property into compliance with the EVDC and designate only one zone district for the new legal lot. 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Staff Finding: The requirement for the Development Plan has been waived by Community Development Department staff since no new development is proposed in conjunction with this rezoning request. The configuration of the existing Alpine Trail Ridge Inn development has been evaluated by Staff and will conform to the proposed zoning designation of A Accommodations in regards to setbacks and use. 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 Finding: The property is fully developed and already served by the entities The Estes Valley Fire Protection District has reviewed the submitted materials and has no comments or concerns regarding those plans. The District has provided their standard condition of approval that all construction and processes shall be in accordance with the provisions of the International Fire Code (2015), the International Building Code (2015) and the Town of Estes Park Codes and Standards. REVIEWING AGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing agency staff. PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. Estes Valley Planning Commission, December 20, 2016 Page 3 of 4 927 Moraine Ave., Zoning Map Amendment As of December 14, 2016, no formal written comments have been received for this application package. Written comments will be posted to www.estes.org/currentapplications if received after December 14th and summarized in the staff presentation. STAFF FINDINGS: Based on the foregoing, staff finds: 1. The rezoning request for an Official Zoning Map amendment complies with RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL of the proposed Rezoning request to Town Board with the following conditions: 1. The Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights shall be recorded within sixty (60) days of Staff Level approval date. SAMPLE MOTIONS: Below are the Planning Commission options related to the rezoning request: 1. I find the application substantially meets the criteria above, and move to recommend APPROVAL of the rezoning request to the Town Board of Trustees with no conditions. 2. I find the application substantially meets the criteria above, and move to recommend APPROVAL of the rezoning request to the Town Board of Trustees with the following conditions of approval: a. The Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights shall be recorded within sixty (60) days of Staff Level approval date 3. I find the Applicant has not provided sufficient information to review the application per the criteria above and move to recommend CONTINUANCE of the rezoning request to the next regularly scheduled meeting. 4. I find the application does not substantially meet the criteria above and move to recommend DENIAL of the rezoning request. Attachments: 1. Statement of Intent and Application 2. Proposed Preliminary and Final Plat of Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights Estes Valley Planning Commission, December 20, 2016 Page 4 of 4 927 Moraine Ave., Zoning Map Amendment