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HomeMy WebLinkAboutSTAFF REPORT Black Canyon Inn 800 MacGregor Ave 2009-06-16 DATE: June 16, 2009 REQUEST: Approval to build twenty-six dwelling/accommodation units. The development plan also includes renovations to some existing buildings as well as other existing units. All told, there will be fifty-nine units, assuming approval and build-out. LOCATION: 800 MacGregor Avenue, within the Town of Estes Park. APPLICANT/OWNER: Sloan Investments, LLC STAFF CONTACT: Dave Shirk (dshirk@estes.org, 577-3729) SITE DATA TABLE: Engineer/Consultant: Cornerstone Engineering Parcel Number: 3524455001 Development Area: 14.4 acres (+/-) Number of Lots: One Existing Land Use: Accommodations Proposed Land Use: Same Existing Zoning: “A” Accommodations Adjacent Zoning- East: “E-1” Estate North: “E-1” Estate, “RM” Multi-Family, “RE” Rural Estate West: “E-1” Estate South: “RM” Multi-Family, “A” Accommodations Adjacent Land Uses- East: Single-family residential North: Agricultural, Institutional (St. Bartholomew) West: Single-family residential South: Multi-family, accommodations (The Overlook condos) Services- Water: Town Sewer: EPSD Fire Protection: Estes Park Volunteer Black Canyon Inn (DP 09-03) 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 RMNP RockyMountainNationalPark RMNP USFS USFS USFS Lake Estes MarysLake LilyLake Mac Gregor Ranch YMCAConferenceGrounds 36 EVDC Boundary EVDC Boundary Eagle Rock RMNPFall RiverEntrance RMNPBeaver MeadowsEntrance Prospect Mt. - (/34 (/36(/7 (/36 (/34 (/36 (/7 CheleyCamps USFS USFS Page #2 – Black Canyon Inn, Development Plan 09-03 PROJECT DESCRIPTION/BACKGROUND: This is a request for a development plan for the development of twenty-six units. These units would be in addition to twenty-seven existing units. The site also includes a restaurant, four employees units, pool, an outdoor pavilion, and an office. The site is accessed via a private internal street, which also provides access to a small condominium development a single-family dwelling. The applicant proposes development in the eastern and southwestern portions of the site. Staff does not support the proposed development of five units in the southwestern portion of the site, due to limits of disturbance standards outlined in Section 7.2.D of the Estes Valley Development Code. This proposal requires waivers to cul-de-sac length and number of vehicle trips per day; the Town Engineer has approved these waivers for reasons outlined later in the report. REVIEW CRITERIA: This development plan is subject to applicable sections of the Estes Valley Development Code (EVDC). Depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. Zoning Requirements. Land Use. The property is zoned for accommodations and residential use. Density calculations were based on the residential land use category, which is lower density than accommodations units. Page #3 – Black Canyon Inn, Development Plan 09-03 Density. There are twenty-seven (27) existing units, with twenty-six (26) additional units proposed, totaling fifty-nine (59) units. This requires 9.21 acres of net land area, where 12.21 are available. Density requirements vary between unit types. Detached units require 9,000 square feet of net land area each, duplexes require 6,750 square feet, and multi-family units require 5,400 square feet each. Density calculations were based on these requirements and not the 1,800 square feet required for an accommodations unit. In addition to the base density requirements outlined above, density has been modified to account for slope, as required by Section 7.1. For each percentage point by which average slope exceeds twelve percent, the base minimum land area shall be increased by three hundred square feet per unit. The site has an average slope of 16%. Therefore, an additional 1,200 square feet is required per unit. This has been accounted for. The project also includes four employee units. This complies with density limits for employee housing units. Typically, these units would require a deed restriction. However, in this instance the proposal has adequate land area to allow these units “by right,” therefore, Staff suggests the deed restriction is not necessary. Impervious Coverage. The “A” district has a maximum impervious coverage of 50%; the proposed 35% complies with this requirement. Impervious coverage will be verified with the required as-built plans. Pedestrian Amenities and Linkage Requirements. Table 4-8 requires provision for pedestrian linkages. The Estes Valley Recreation and Park District has requested a trail along MacGregor Avenue. This is described later in the report. Appendix D.V requires that all sidewalks in non-residential zone districts have a minimum width of eight-feet. The applicant proposes a five-foot wide sidewalk Number Base area/unit Slope Adjustment Total area/unit Total area MF units 52 5,400 1,200 6,600 343,200 Duplex units 6 6,750 1,200 7,950 47,700 SF units 1 9,000 1,200 10,200 10,200 Total Units 59 401,100 Gross Land Area 628,006 less 80% floodplain 49,230 less access easement 46,897 Net Land Area 531,879 s.f.12.21 acres Required Land Area 401,100 s.f.9.21 acres Density Calculation Page #4 – Black Canyon Inn, Development Plan 09-03 along the interior street. Appendix D allows the Town Engineer to grant modifications to this standard, which the Town Engineer has approved (5-foot is the standard width required in residential zone districts). In addition to the street sidewalk, the applicant proposes six-foot wide sidewalks fronting interior parking lots, with 18.5-foot deep parking stalls. The proposed parking stall depth means that one foot of the sidewalk counts toward parking stall depth. This means the width of the sidewalk, in terms of code requirements, would be five feet wide, and not the six delineated on the plat. Because these are interior sidewalks that lead only from the parking lot to the guest units, Staff has granted this modification to sidewalk width (5-feet instead of 8-feet typically required). Setbacks. This proposal complies with the required setbacks, which have been delineated on the development plan. Setbacks vary per lot line. For example, there is a 25-foot setback from property lines adjacent to residentially zoned properties, but 15-foot from property lines adjacent to accommodations zoned properties. The site plan includes a “blanket” 25-foot setback. In addition to property line setbacks, there is a 50-foot setback from wetlands, which has also been delineated on the site plan. The parking area and a portion of the access drive serving Building G encroach into the required wetland setback. Building Height. Building heights vary from 28-36 feet, and will comply with maximum building height. Staff will verify individual building height with each building permit application, and a surveyor will field verify finish floor elevations (as well as building locations). Grading and Site Disturbance. Section 7.2 “Grading and Site Disturbance Standards” applies to this proposal. No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads or driveways, before issuance of a building permit. Limits of Disturbance. Section 7.2.D requires the Decision Making Body approve proposed Limits of Disturbance for all development plans. This section includes criteria for establishing Limits of Disturbance. It is Staff’s opinion the proposed LOD do not meet these criteria. Specifically, Building G in the southwestern portion of the site in relation to riparian habitat and adverse impact on wetland buffering (evidenced by the need for a variance to wetland setback, as described above and outlined below). Staff suggests the proposed areas of disturbance, less units 1-5, do minimize the overall site impact. This notion is based on: 1) The area with the most significant impact on the site is in the least visible area. 2) Protection of the stream frontage is an important consideration. Page #5 – Black Canyon Inn, Development Plan 09-03 3) Much of the site is rock outcroppings that are not possible to develop without significant site disturbance. 4) The proposed impervious coverage is 60% of the maximum allowed. 5) The proposed density is 75% of the maximum allowed. Staff suggests the site impact created is mostly to significant trees. Therefore, Staff recommends the Planning Commission use the formula for replacement of significant trees outlined in Section 7.3.D5, which requires two six-foot tall trees for each coniferous tree removed. This section typically would not apply for trees removed with approval of a development plan. However, due to the number of significant trees removed, Staff suggests this section be applied. Application of this formula would be allowed under the terms of Section 7.10 “Operational Performance Standards”, which allows the Planning Commission to require additional landscaping. Furthermore, Staff suggests those trees to remain should be subject to landscaping maintenance requirements set forth in Section 7.5.J. Finally, Staff suggests the “replacement trees” not be subject to a separate guarantee, but instead incorporated into the standard development plan agreement. This would ease the clerical burden on both the applicant and staff, as there would be one less agreement to monitor. If the applicant revised the development plan to eliminate Units 1-5, and replacement trees required, Staff suggests the overall plan would comply with Limits of Disturbance standards. Tree and Vegetation Protection. Tree protection fencing shall comply with standards set forth in Appendix D.VIII. Existing trees to remain shall be fenced for protection prior to any site work; the property owner should be aware of this requirement and account for it in construction planning, as failure to fence trees could result in a delay in issuance of permit. See above for description of replacement trees. The applicant should be aware that any trees shown to remain on the plan that are removed during construction will be required to be replaced in accordance with Section 7.3. For example, if the sewer main location changes during the final construction plan phase and would result in removal of trees shown to remain, those will need to be replaced and guaranteed through a separate agreement and form of collateral. Landscaping and Buffers. Existing trees to remain exceed the amount of landscaping required for impervious coverage and street frontage. Parking lot perimeter plantings are not required, as the parking lots are either not large enough to require or are interior to the site, with the exception of the eastern most parking lot; this lot will be screened by district buffer. Wetlands and Stream Corridor Protection. This proposal does not comply with the minimum wetlands setback requirement of fifty (50) feet, and cannot be Page #6 – Black Canyon Inn, Development Plan 09-03 approved by the Planning Commission. Approval of the parking area in the wetland setback areas requires a variance be granted from the Estes Valley Board of Adjustment. Staff suggests the variance should be obtained from the BOA prior to approval of the proposed development plan. Staff also suggests the development plan could be approved with a condition to remove proposed Units 1-5 along with appurtenant site features such as utilities and drives. The applicant has submitted a wetlands investigation as part of this review. This investigation was prepared by Clifford Ham with MEM Consulting, LLC. Mr. Ham is on the list of “Consultants for Wetland Determination and Delineations” with the US Army Corps of Engineers, Omaha District, Denver Regulatory Office. The purpose of this study was to determine if any portion of the site fall under the Wetland Jurisdictional Status as defined by the United States Army Corps of Engineers. Wetlands were found along the east bank of the Black Canyon Creek, as shown on this map. Wildlife Habitat Protection. Wildlife Impact Assessment (see attachment). The applicant has submitted a wildlife impact assessment as part of this review. This investigation was prepared by Christopher Roe, Certified Wildlife Biologist, with Roe Ecological Services, LLC. This purpose of this assessment was to determine the potential impacts of the proposed development on wildlife “making use of the property, and the area as a whole.” Specifically, the assessment looked at potential impacts to: 1) Elk and deer loafing and foraging activity. 2) Elk and deer movement across the property. 3) Elk and deer calving/fawning habitat 4) Other potential wildlife species impacts, including potential bear problems. The assessment offers three suggested recommendations for minimizing potential impacts: timing restrictions, fence considerations, and bear-proof trash enclosures. These have been included as suggested conditions of approval. Review Standards. In addition to this wildlife habitat assessment, Staff has reviewed this proposal for compliance with review standards set forth in Section Page #7 – Black Canyon Inn, Development Plan 09-03 7.8 Wildlife Habitat Protection. Review standards include buffers, non-native vegetation, exterior lighting, refuse disposal, and domestic animals. Buffers: Proposed development meets the required wetland setback, and will preserve the “pond” wetland area north of Black Canyon Drive (except for proposed Building G). Non-native vegetation: Only landscaping found on the preferred planting list, including grasses, will be planted. Exterior lighting: Exterior lighting will be subject to Section 7.9 “Exterior Lighting.” Light fixtures will be reviewed by Staff prior to issuance of first building permit to ensure compliance. Refuse disposal: One new trash enclosure will be provided. This should be bear- proofed (as noted on the plan). Architectural renderings have yet to be provided, but should be subject to review and approval of Staff prior to submittal of mylars. Domestic animals: Domestic animals will be subject to animal restrictions defined in the Estes Park Municipal Code, which requires animals be kept under control of caretakers. Exterior Lighting. The proposed development will be subject to lighting standards set forth in Section 7.9, which requires exterior lighting be shielded and downcast. A lighting “cut sheet” will need to be submitted for Staff review prior to issuance of first building permit. Off-Street Parking and Loading. Staff has calculated parking requirements only for the proposed units. This is based on Section 7.11.A2, which states “off-street parking spaces will be required only to serve the enlarged or expanded area, not the entire building or use, provided that in all cases the number of off-street parking spaces provided for the entire use must equal at least seventy-five percent of the minimum requirements.” The applicant requests a reduction in the parking requirement. The proposed “residential” use (based on density) requires 2.25 spaces per unit. The applicant has submitted a parking analysis based on the historic usage. The applicant’s parking study indicates there are currently 1.85 parking spaces available per unit. The property owner has indicated there has never been a shortage of parking, and therefore requests a parking requirement of 1.5 spaces per unit. For comparison, the Institute of Traffic Engineer’s Traffic Generation Manual has an average parking rate of .89 for a motel with restaurant/lounge. The proposed parking plan complies with the above request. Page #8 – Black Canyon Inn, Development Plan 09-03 Building Required Proposed Difference H 9 9 0 J 6 5 -1 K/L 12 8 -4 M/N 14 9 -5 O 5 5 0 P 5 4 -1 Q 9 5 -4 Total 60 45 -15 The development code requires 1 bike rack for every 20 parking spaces. This requires 3 bike spaces, which should be shown on the site plan. Adequate Public Facilities. No building permit shall be issued unless such public facilities and services are in place or the commitments described in Section 7.12.C have been made. This section requires that facilities are available to serve the proposed development when building permits are issued. Transportation. The submitted Traffic Impact Analysis finds no additional off-site improvements are required. The Town of Estes Park Public Works Department has reviewed this TIA. The property owner requested waivers to the sections E1 (length of dead end street) and E2 (vehicle trips per day) of Appendix D.II. The code limits cul-de-sac length to 1,000 feet where approximately 1,900 feet are proposed. The code also limits the number of vehicle trips per day to 120 trips, where 821 are projected (per the submitted TIA). Staff suggests the proposed secondary access would benefit The Overlook condominiums, Ridgeview condominiums, and private in-holdings in the Black Canyon area. Based on this, Staff supports granting the variances to cul-de-sac length and number of units on a dead-end street. A condition of approval should be recordation of this emergency access prior to submittal of the development plan mylars. Furthermore, a reciprocal easement through the Black Canyon property should be recorded prior to submittal of development plan mylars. The Town Engineer has granted these requests, as allowed per Appendix D.I.D. The waivers provide mutual emergency access between the Overlook and Black Canyon Inn, helps minimize the number of access points on MacGregor, and minimizes disturbance of the wetlands area located along the east side of MacGregor Avenue. Electric. All electric service is to be placed underground. Final construction plans will be subject to approval of the Light and Power Department. Page #9 – Black Canyon Inn, Development Plan 09-03 Sanitary Sewer. New development will require extension of an 8” main. Service will be provided by the Estes Park Sanitation District. The District has noted an additional manhole will be required, the proposed main line is labeled as a 6” and needs correction, and the sewer main location north of Units 25 and 26 will need slight adjustment. Additionally, the District has requested an easement for the service line serving Ridgeview Condominiums. These have been included as suggested conditions of approval. Staff recommends the requested easement be recorded prior to issuance of any building permits. Water. This development will require a water main extension, which will require approval of construction plans. The submitted Statement of Intent suggests service lines be determined with building permit applications to determine size. However, the Water Department has noted these will need to be determined with construction plans. Drainage/Water Quality Management. The drainage report has been submitted to Public Works for review and approval. This drainage report calls for use of porous landscape water quality pond areas for stormwater quality; these facilities are considered a form of “best management practices” (BMP) found in the Urban Drainage and Flood Control District’s criteria (this is the adopted stormwater manual). All required drainage facilities shall be installed and accepted in accordance with Section 7.12.F, which allows 25% of building permits to be issued prior installation of the drainage facilities. The phasing plan shall address this requirement. Fire Protection. The submitted ISO calculations indicate adequate fire flow will be available after installation of two proposed fire hydrants (in conjunction with four existing). Per Section 7.12.G, all required fire protection requirements shall be installed prior to issuance of a building permit. The phasing plan shall address this requirement. Staff suggests a condition of approval be the installation and acceptance of the secondary point of access prior to issuance of any building for additional units. REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all applicable reviewing agency staff for consideration and comment. Town Attorney White had comments regarding signature blocks and the secondary emergency access easement. These have been included as suggested conditions of approval. Page #10 – Black Canyon Inn, Development Plan 09-03 Public Works. As of Tuesday June 2, Community Development had not received comments from the Engineering Division of Public Works. Other comments from Light and Power/Water have been included as suggested conditions of approval. Estes Valley Recreation and Park District has requested “a public trail along the front end [of] the property along MacGregor Avenue.” Staff supports this request, which is supported by Table 4-8 “Pedestrian Amenities and Linkage Requirements Nonresidential Zoning Districts”, which requires, in part, “to the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned . . . trail systems.” EVRPD has noted a preliminary plan for the Devils Gulch/Dry Gulch Trail loop in this area, and on this side of Devils Gulch Road/MacGregor Avenue. Section 7.4 “Public Trails and Private Open Areas” requires dedicated public trails have at least a 25-foot wide land area (in this instance a trail easement) and that trails comply with design criteria set forth in any bike/trail plan adopted by the Town of Estes Park (this area is identified on Map 5.11 “Hike and Bike Trails Plan” in the Estes Valley Comprehensive Plan). Building Department. The Building Department has listed five comments that must be addressed prior to approval. Staff has included compliance with the Building Department memo as a suggested condition. These issues relate to accessibility, and will be verified prior to presentation of mylars for signature by the Chair. Staff suggests any changes that may be required to the site design, such as accessible parking spaces and routes, can be approved by Staff through the minor modification process. Any necessary changes that exceed the limits set forth in Section 3.7 will require the applicant to present changes to the Planning Commission. Neighborhood Comments. Staff has received one email comment from a resident of the Overlook Condominiums, as well as a two letters from the Overlook Condominium Board, who has expressed opposition to this proposed emergency access. This is in contrast to a supplemental condominium application that delineates an emergency access easement across the Overlook property. Any approval of the Black Canyon development plan should include a condition of approval that the access easement be secured. Staff has also received letter from the “Smedley” family, owners of property on the west side of MacGregor Avenue, expressing opposition to the proposed units in the southwest portion of the lot (those fronting MacGregor). STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, Staff finds: Page #11 – Black Canyon Inn, Development Plan 09-03 1. The applicant should carefully review the Staff report, which contains several references to Code requirements. Failure to satisfy these requirements could lead to a delay in issuance of building permits or certificates of occupancy. 2. If all recommended conditions of approval are required, the development plan will comply with all applicable standards set forth in this Code. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 4. The Planning Commission is the Decision-Making body for the development plan. Therefore, Staff recommends APPROVAL of the proposed “Black Canyon Inn” Development Plan 09-03 CONDITIONAL TO: 1. Compliance with approved development plan and architectural plans. Approval of this development plan shall supersede all previous development plan approvals. 2. The development plan shall be revised to account for the following: a. Proposed Units 1-5 (Building G) and appurtenances shall be removed from the plan. b. Submittal of a phasing plan outlining sequential utility installation (including fire hydrants and stormwater facilities) and development of units. c. Architectural renderings for the proposed bear-proof trash enclosure. d. Delineate number of significant trees to be removed, and include number of replacement trees. Section 7.3.D shall be used to determine replacement tree requirements. e. Include the note: Significant trees to remain shall be subject to maintenance requirements set forth in Section 7.5.J of the Estes Valley Development Code. f. Include the note: No construction activity shall be initiated between April 1 and July 15 of any year. 3. Compliance with the following memos/letters/emails: a. EPSD to Dave Shirk dated May 13, 2009. b. Greg Sievers to Dave Shirk dated May 8, 2009. c. Greg White to Dave Shirk date April 16, 2009. d. Public Works (Tracy Feagans) to Dave Shirk dated April 24, 2009. e. Estes Valley Recreation and Park District to Dave Shirk dated April 21, 2009. f. Will Birchfield to Dave Shirk dated April 27, 2009. g. Corps of Engineers to Dave Shirk dated April 14, 2009. h. Scott Zurn to Dave Shirk dated June 2, 2009. 4. Prior to issuance of a grading/building permit for new development: a. Development Agreement and form of guarantee shall be submitted. Page #12 – Black Canyon Inn, Development Plan 09-03 b. An emergency access easement through the Overlook condominiums shall be recorded with the Larimer County Clerk. This easement shall also provide for emergency access through the Black Canyon property to the Overlook condominiums, and shall be subject to review and approval of Town Staff prior to recordation. c. Final construction plans shall be approved by the Town of Estes Park Public Works Department, EPSD, and the EVRPD. d. The “sheep fence” as noted on page 5 of the wildlife impact assessment shall be removed. 5. Prior to issuance of a certificate of occupancy, a 25-foot wide public trail access easement shall be dedicated, and shall be subject to review and approval of Town Staff prior to recordation. The applicant should account for this in their development schedule, as dedication of the trail easement will require Town Board action. SUGGESTED MOTION: I move APPROVAL of Development Plan 09-03 “Black Canyon Inn” with the findings and conditions recommended by staff. Attachments: -Wetlands Report -Wildlife Impact Assessment June 17, 2009 Sloan Investments, LLC ATTN: Jim Sloan 800 MacGregor Avenue Estes Park, CO 80517 RE: Black Canyon Development Plan DP 09-03 To Whom It May Concern: The Estes Valley Planning Commission reviewed the Black Canyon Development Plan DP 09-03 on Tuesday, June 16, 2009, at the regular monthly meeting. At that time, the Planning Commission voted unanimously 7-0 to APPROVE CONDITIONAL TO: 1. Compliance with approved development plan and architectural plans. Approval of this development plan shall supersede all previous development plan approvals. 2. The development plan shall be revised to account for the following: a. Proposed Units 1-5 (Building G) and appurtenances shall be removed from the plan. b. Submittal of a phasing plan outlining sequential utility installation (including fire hydrants and stormwater facilities) and development of units. c. Architectural renderings for the proposed bear-proof trash enclosure. d. Delineate number of significant trees to be removed, and include number of replacement trees (one replacement tree for each significant tree removed). e. Include the note: Significant trees to remain shall be subject to maintenance requirements set forth in Section 7.5.J of the Estes Valley Development Code. f. Include the note: No construction activity shall be initiated between April 1 and July 15 of any year. 3. Compliance with the following memos/letters/emails: a. EPSD to Dave Shirk dated May 13, 2009. b. Greg Sievers to Dave Shirk dated May 8, 2009. c. Greg White to Dave Shirk date April 16, 2009. d. Public Works (Tracy Feagans) to Dave Shirk dated April 24, 2009. e. Estes Valley Recreation and Park District to Dave Shirk dated April 21, 2009. f. Will Birchfield to Dave Shirk dated April 27, 2009. g. Corps of Engineers to Dave Shirk dated April 14, 2009. h. Scott Zurn to Dave Shirk dated June 2, 2009. 4. Prior to issuance of a grading/building permit for new development: a. Development Agreement and form of guarantee shall be submitted. b. An emergency access easement through the Overlook condominiums shall be recorded with the Larimer County Clerk. This easement shall also provide for emergency access through the Black Canyon property to the Overlook condominiums, maintenance, and shall be subject to review and approval of Town Staff prior to recordation. c. Final construction plans shall be approved by the Town of Estes Park Public Works Department, EPSD, and the EVRPD. d. The “sheep fence” as noted on page 5 of the wildlife impact assessment shall be removed. Please review the project status sheet, available through our office or on-line. Revisions must be finalized and submitted no later than July 21, 2009. Should you have any questions or comments regarding this matter, please feel free to contact me (577-3729) or Bob Joseph (577-3725) at your convenience. Respectfully, _____________________ David W. Shirk, AICP Planner cc: Cornerstone Engineering