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HomeMy WebLinkAboutSTAFF REPORT Rezone Fall River Village PUD 2004-01-20 I. PROJECT DESCRIPTION/BACKGROUND PLANNING COMMISSION MEETING DATE: January 20, 2004 LOCATION: The site is located at 511 West Elkhorn Avenue in the Town of Estes Park. APPLICANT/PROPERTY OWNERS: The Lane III Group, Inc./Robert A. Filbey Irrevocable Trust, Rhonda Lee Lane as Trustee ENGINEER: Cornerstone Engineering and Surveying, Inc. STAFF CONTACTS: Alison Chilcott and Bob Joseph APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) REZONING REQUEST This is a request to rezone all land within the boundaries of the Fall River Village Preliminary P.U.D plat to the “CO” Outlying Commercial zoning district with the Planned Mixed-Use PUD-M overlay district. The current zoning of the property is summarized below: 1. Lots 1, 6, and 7 Sunny Acres Addition are zoned “E-1” Estate; 2. Lots 16A and 16B Sunny Acres Addition are zoned “RM” Multi-Family Residential; and 3. Lot 17A Sunny Acres Addition is zoned “CO” Outlying Commercial. Per EVDC §9.3 PUD-M, “The PUD-M, Planned Mixed Use District, is created to provide for the development of planned mixed-use commercial and residential Fall River Village Rezoning Request and Planned Unit Development Request #04-01 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 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 developments. It is intended to promote developments with a balanced mix of commercial and residential uses that provide services and employment opportunities in close proximity to residents of the district. The PUD-M, Planned Mixed-Use District, may be permitted as an overlay only in the CO Outlying Commercial District…” Staff believes the proposed planned unit development is well designed and meets the purposes of the PUD-M district. PLANNED UNIT DEVELOPMENT #04-01 REQUEST (COMBINED SUBDIVISION PLAT AND DEVELOPMENT PLAN REVIEW) Preliminary Subdivision Plat The title of the preliminary subdivision plat is “Fall River Village Preliminary P.U.D., Lots 1, 6, 7, 16A, 16B, and 17A Sunny Acres Addition, Town of Estes Park, State of Colorado, Located in the NW ¼, of the NW ¼, Section 25, T5N, Range 73 West of the 6th P.M., County of Larimer, State of Colorado” This portion of the PUD application subdivides the property described above, a 7.051 acre property, into eight lots. Lots 1 through 7, on the upper portion of the property, are proposed for single-family development and range in size from 0.239 acres to 0.433 acres. Lot 8, on the lower portion of the property, is 3.525 acres and is proposed for sixty-four accommodations units. The applicant plans to condominiumize Lot 8 and sell the accommodations units as time-share condominiums. Development Plan The title of the development plan is “Development Plans for Fall River Village Communities” This portion of the PUD application provides the development plan for proposed Lots 1 through 8 shown on the preliminary subdivision plat described above. Staff believes the development is well designed, including the proposed building design, and is supportive of the plan. Staff questions the need for gated access points, but the gates do not prevent compliance with Town regulations or require waivers from Town standards. REDEVELOPMENT This application involves redevelopment. There are 33 mobile homes, seven of which are owned by Robert A. Filbey, and one single-family home on the property. These homes provide low-income housing for Estes Park residents. Redevelopment will involve removal of these mobile homes and the single-family home, requiring current residents to relocate. There are state statutes that govern the redevelopment process of mobile home parks and those legal requirements are being followed. Social service agencies and nonprofit organizations, including the Estes Park Housing Authority, have become involved with the relocation in an attempt to identify and assist with current residents’ relocation needs. Provision of attainable housing is an important Town goal and the Town has strongly supported attainable Page #3 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 housing in other locations, such as Vista Ridge, Talon’s Pointe, the Habitat and Mangelsen subdivisions. II. SITE DATA TABLES AND MAPS Number of Parcels Six Parcel Number(s) 3525210001 Gross Land Area Lots 1 -7 97,669 sq. ft. 2.243 acres Lot 8 153,538, sq. ft. 3.525 acres Outlot A 17,131 sq. ft. 0.393 acres Outlot B 38,737 sq. ft. 0.889 acres Total 307,075 sq. ft. 7.050 acres Existing Zoning Lots 1, 6, and 7 “E-1” Estate Lots 16A and 16B “RM” Multi-Family Residential Lot 17A “CO” Outlying Commercial Proposed Zoning “CO” Outlying Commercial overlaid with the PUD-M Planned Mixed- Use district Existing Land Use Single-Family Residence and 33 Mobile Homes (7 Owned by Robert Filbey) Proposed Land Use Proposed Lots 1 through 7 7 Single-Family Residences Proposed Lot 8 64 High Intensity Accommodations Units Outlot B Town Park for Non-Motorized Public Access ADJACENT ZONING AND LAND USE Adjacent Zoning Adjacent Land Use North “E-1” Estate Single-Family Residential South “CO” Outlying Commercial “A” Accommodations Highway Corridor “RE-1” Rural Estate Multi-Family Residential and Commercial (West Park Center Condominiums) High Intensity Accommodations (American Wilderness Lodge) Single-Family Residential with two detached accessory dwelling units East “E-1” Estate “CO” Outlying Commercial “A” Accommodations Highway Corridor Single-Family Residential and Duplex Park and Recreation Facilities (Performance Park) Multi-Family Residential and Commercial (West Park Center) American Wilderness Lodge West “E-1” Estate “RM” Multi-Family Residential “CO” Outlying Commercial Single-Family Residential The Willows Condominiums Undeveloped Note: Adjacent land uses are determined from the Larimer County Tax Assessor website visits. SERVICES Water Town of Estes Park Sewer Estes Park Sanitation District Fire Protection Estes Park Volunteer Fire Department Electric Town of Estes Park Telephone Qwest Page #4 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 Gas Excel Energy Page #5 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 III. REFFERAL COMMENTS – REZONING REQUEST AND PLANNED UNIT DEVELOPMENT REQUEST This request has been submitted to all applicable reviewing agency staff and neighbors for consideration and comment. The following staff and/or neighbors submitted written comments. Estes Park Building Department See Will Birchfield’s memo to Alison Chilcott dated January 8, 2004. Estes Park Community Development Department See Jeff Sigler’s email to Alison Chilcott dated December 18, 2003. Estes Park Public Works Department See Greg Sievers’s memo to Alison Chilcott dated January 12, 2004. Fire Chief See Scott Dorman’s email to Alison Chilcott dated January 8, 2004. Police Chief See Bonnie Wright’s email to Alison Chilcott dated January 5, 2004. Town Attorney See Greg White’s letter to Alison Chilcott dated December 30, 2003. Estes Park Urban Renewal Authority See Will Smith’s email to Alison Chilcott dated January 6, 2004 and his memo to Alison Chilcott and Bob Joseph dated January 14, 2004. Estes Park Sanitation District See James Duell’s letter to Alison Chilcott dated January 13, 2004. CO Department of Natural Resources Division of Wildlife See Scott Hoover’s letter to Alison Chilcott dated January 2, 2004. CO Department of Transportation See Gloria Hice-Idler’s comments dated January 7, 2004 on the December 18, 2003 All Affected Agencies memo. US Postal Service See Becky Glowacki’s letter to Alison Chilcott dated January 14, 2004. Detailed construction plans were routed to affected agencies. These plans are not included in the Planning Commission packets, but are available for review, along with architectural elevations, in the Community Development office. These detailed construction plans for subdivision plats are typically not submitted until the final subdivision plat is submitted and construction plans for development plan approvals are submitted with building permit applications. Since these plans were submitted early in the review process and since this is a large development for Estes Park more comments than usual were received from affected agencies. Page #6 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 IV. REVIEW CRITERIA - CODE AMENDMENTS (REZONINGS) 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. 1. The amendment is necessary to address changes in conditions in the areas affected; 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; and 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. This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board. V. STAFF FINDINGS - REZONING 1. This is a request to rezone all land within the boundaries of the Fall River Village Preliminary P.U.D plat to the “CO” Outlying Commercial zoning district with the Planned Mixed-Use PUD-M overlay district. The current zoning of the property is summarized below: a. Lots 1, 6, and 7 Sunny Acres Addition are zoned “E-1” Estate; b. Lots 16A and 16B Sunny Acres Addition are zoned “RM” Multi-Family Residential; and c. Lot 17A Sunny Acres Addition is zoned “CO” Outlying Commercial. 2. The site is located at 511 West Elkhorn Avenue in the Town of Estes Park. 3. This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board. 4. The amendment is necessary to address changes in conditions in the area. The investments on the part of the Estes Park Urban Renewal Authority for construction of Performance Park and the Town for construction of the riverwalk extension are intended to stimulate this type of development. Page #7 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 5. A planned unit development application submittal was required with this rezoning application. Staff believes the planned unit development, which the proposed amendment to this Code, i.e. rezoning, 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. More information about the basis for this determination is provided below. The Comprehensive Plan established community wide policies which support the proposed rezoning and planned unit development, including: a. Encourage existing and future community commercial uses to locate within a compact, well defined downtown business district. (1.3 Page 6-1) b. Encourage outdoor public spaces, including spaces for outdoor gathering, dining, nature and people watching. (1.6 Page 6-2) c. Urban land use should occur within the Town limits of Estes Park 1.7 (Page 6-2) d. Encourage infill of older core areas in order to reduce infrastructure costs and to stabilize residential neighborhoods. (3.1 Page 6-4) The Comprehensive Plan also divided the Estes Valley into seven planning areas, the North End, Fall River, Downtown, Beaver Point, Fish Creek/Little Prospect, Spur 66, and Mary’s Lake/Carriage Hills and established guidelines for each planning area that were consistent with the community wide policies. This property falls within the downtown planning area and the proposed rezoning and planned unit development is consistent with the guidelines for this district. The Special Considerations section for the downtown planning area includes nine key issues, one of which is “Many redevelopment opportunities exist within downtown, including the mobile home park and south Moraine Avenue.” (Page 6-55) The Development Guidelines section for the planning area list twenty-one guidelines, one of which is “All development/redevelopment adjacent to Fall River or the Big Thompson River shall provide access and orientation to the rivers.” (DT 20 Page 6-57) Finally and most importantly the Downtown – Future Land Use section states that “The downtown is intended to develop as the dominant commercial core, consisting of a variety of character districts…. The Downtown Planning Area is intended to develop as an exciting, mixed-use, urban core with open space along the rivers, and structures such as the Stanley Hotel providing an intimate, pedestrian scale.” (Page 6-58) Page #8 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 6. Town and other relevant service providers have the ability to provide adequate services and facilities that might be required if the application were approved. 7. The applicant should be aware that EVDC §3.3.E Effect of Approval and Lapse states “When a development plan is required by this Section, if an Applicant fails to apply for a building permit and commence construction or operation with regard to the rezoning approval consistent with such development plan within one (1) year from the effective date of the amendment, such development plan shall automatically lapse and become null and void. At its discretion, the Board may institute rezoning proceedings pursuant to the procedures and standards set forth in this Section to rezone the affected land areas.” 8. Minimum Parcel Size. The minimum parcel size allowable for lots to qualify for the “PUD-M” overlay district is three acres. This parcel is 7.051 acres and exceeds the minimum requirement. VI. STAFF RECOMMENDATION - REZONING Based on the foregoing, Staff recommends APPROVAL of the rezoning application CONDITIONAL TO: 1. Town Board approval and recordation of the proposed Planned Unit Development #04-01. VII. SUGGESTED MOTION - REZONING I move to recommend approval of this rezoning to the Town Board of Trustees with the findings and conditions recommended by staff. VIII. REVIEW CRITERIA - PRELIMINARY PLANNED UNIT DEVELOPMENTS All applications for Planned Unit Developments shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, “Planned Unit Developments,” and with all other applicable provisions of this Code. An application for approval of a Preliminary PUD Plan, together with submitted plans and reports, shall be reviewed for conformance with the following standards: 1. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; 2. Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; 3. The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Page #9 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 4. Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and 5. As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. The subdivision and development plan review criteria also apply to planned unit developments. These criteria are described in EVDC §3.9.D and EVDC §3.8.D, respectively. IX. STAFF FINDINGS – PLANNED UNIT DEVELOPMENT #04-01 1. The site is located at 511 West Elkhorn Avenue in the Town of Estes Park. 2. This application does not fall within the parameters of staff level review, and will be reviewed by the Estes Valley Planning Commission and Estes Park Town Board. 3. Reviewing Agency Comments This request has been submitted to all applicable reviewing agency staff for consideration and comment. All comments submitted by reviewing agency staff, referred to in Section III of this staff report, are incorporated as staff findings. 4. Neighbor Comments This request has been submitted to neighbors for consideration and comment. No written comments were received. 5. The remainder of the staff findings are described in two sections, one concerning the preliminary plat and one concerning the development plan. X. STAFF FINDINGS – PUD #04-01 PRELIMINARY SUBDIVISION PLAT Staff finds: 1. This portion of the PUD application subdivides a 7.051 acre property, into eight lots. Lots 1 through 7, on the upper portion of the property, are proposed for single-family development and range in size from 0.239 acres to 0.433 acres. Lot 8, on the lower portion of the property, is 3.525 acres and is proposed for sixty- Page #10 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 four accommodations units. The applicant plans to condominiumize Lot 8 and sell the accommodations units as time-share condominiums. 2. EVDC §3.9.F.2 Effects of Approval of a Preliminary Subdivision Plan The applicant should be aware of the effects of a preliminary subdivision plat approval in EVDC §3.9.F.2 3. EVDC §7.2 Grading and Site Disturbance Standards This section of the Code applies to the proposed subdivision and to future development within the subdivision. The applicant should be aware that per EVDC §7.2.B.1, “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, prior to final approval of a grading and excavation report/plan submitted in support of the project development plan or the issuance of a building permit.” EVDC §7.5.D addresses the establishment of limits of disturbance. This plat does a good job of protecting the areas the Code provides guidelines for protecting, e.g. river corridors, floodplains, significant trees, rock outcroppings, and steep slopes. Lots 1 -7 The proposed building envelopes on Lots 1 through 7 establish limits of disturbance for each lot which protect most significant trees and small rock outcroppings. Development plan sheet 3 of 7 shows the location of significant trees and small rock outcroppings on the lots in relation to the proposed building envelopes. Some tree removal will be necessary to construct single-family homes, particularly on Lot 6 and flexibility is needed in modifying the building envelopes during review of site specific plans, e.g. building permits, while continuing to protect the natural features on each lot. Note #5 on the plat addresses this need for flexibility by stating “Individual site plans and building envelopes will be submitted to Fall River Village Homeowners Association and Town of Estes Park planning staff for approval and for impact analysis on the existing terrain.” Lot 8 Staff does not recommend platting a building envelope or limits of disturbance for Lot 8. Limits of disturbance for Lot 8 can be addressed with development plan review. Outlot B Placing Fall River and the riverfront in Outlot B and dedicating it to the Town for non-motorized access will protect the river corridor and wildlife habitat that benefits from this river corridor. Page #11 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 4. EVDC §7.3 Tree and Vegetation Protection This plat does a good job of designing around and saving existing significant vegetation by designating building envelopes on Lot 1 through 7 that protect the most significant trees. Tree and vegetation protection for Lot 8 is reviewed in the development plan section of this staff report. The applicant should be aware that if significant trees are removed, now or in the future, replacement may be required in accordance with EVDC §7.3 Tree and Vegetation Protection. 5. EVDC §7.5 Landscaping and Buffers This section is applicable to the proposed subdivision. Landscaped buffers are required along some zoning district boundaries, included buffers between the “CO” Outlying Commercial zoning district and any abutting residential zoning district. Lots 1-7 Staff recommends waiving the district landscaping buffer standard for Lots 1 through 7. While these lots will be zoned “CO” and will abut residentially zoned lots, the use of the “CO” zoned lots will be single-family residential. There is no need to screen this single-family residential use from abutting single-family residential and duplex uses. Lot 8 Staff recommends reviewing landscaping and buffers for Lot 8 with the development plan review for Lot 8. 6. EVDC §10.4.A Lots – Lot Dimensions and Configuration Staff thinks the lot areas/sizes, widths, depths, shapes and orientation are appropriate for the location of the subdivision, and for the development and use contemplated. The plat demonstrates building sites for Lots 1 through 7 and access for all lots. Building sites for Lot 8 are reviewed with the development plan review. This plat provides for platted building envelopes rather than applying the “CO” Outlying Commercial zoning district setbacks. EVDC §PUD-M Planned Mixed- Use District allows for modification of setbacks and staff supports approval of these platted building envelopes as a means to modify the setbacks. 7. EVDC §10.4.B Lots – Access Traffic Impact Analysis This section of the Code requires compliance with EVDC §7.12.H Transportation. EVDC §7.12.H.1.a states that “all development shall be required to demonstrate that there will be no significant adverse impact on existing transportation levels or service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extend feasible.” Page #12 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 The applicant submitted a traffic impact analysis (TIA) prepared by Short Elliot Hendrickson, Inc. (SEH) which looked at the impact this subdivision and development would have on existing roads including the impact at the following four intersections: a. West Elkhorn Avenue and Sunny Acres Drive (the bridge access to proposed Lot 8); b. West Elkhorn Avenue and Far View Drive; c. Sunny Acres Court and Far View Drive; and d. Wonderview Avenue and Sunny Acres Court. The TIA estimates that the proposed single-family development on Lots 1 through 7 will generate 67 average daily trips and the proposed 64 unit condominium development on Lot 8 will generate 375 average daily trips. Eighty-five percent of the trips generated on Lot 8 are projected to access Lot 8 from the east on West Elkhorn Avenue and fifteen percent are projected to access from the west. The TIA looks at the impact of the addition of these trips to the existing traffic at the four intersections mentioned above taking into consideration the drop in trips caused by removal of mobile homes and single- family home on the property. The TIA concludes that “Based on this information and the assumptions contained in this analysis, the project traffic can be efficiently accommodated on the existing road network. Site-specific mitigation measures are not recommended” The Elkhorn Avenue and Moraine Avenue intersection is approximately ¼ mile from this development and there will be an impact to this intersection that was not reviewed with the TIA because staff did not request review. Additional traffic will be added to this intersection which is already busy during summer months. However, the impact of 319 (375 x .85) trips added at this intersection is not a significant increase in trips. CDOT did not request any mitigation measures during their review and staff agrees with the conclusions in the TIA. Will Smith’s January 14, 2003 letter also addresses review of the TIA and supports its conclusions. Access to Sunny Acres Lots 2 Through 5 Access to Lots 2 through 5 Sunny Acres Addition is greatly improved with this proposal. This plat proposes vacating the current access easement to Lots 2, 4, and 5 Sunny Acres Addition (1997 Reception Number 97003184), dedicating a new access for Lots 2 through 5, improving access by building the access to Page #13 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 public street standards, with the exception of a cul-de-sac. Lot 3 was not included in the 1997 access easement, but is included in the proposed access easement. If the access easement recorded with Reception Number 97003184 is to be vacated with this plat all those owners benefiting from this easement should sign the plat or the easement should be vacated through a separate document recorded at the same time as the plat. 8. EVDC §10.4.C Lots – Flag or Flagpole Lots Flagpole lots are not permitted in the “CO” zoning district. Staff recommends that this Code standard be waived to allow proposed Lot 3 as a flagpole lot. If Lots 1 through 7 were zoned “R” or “E,” which are the most comparable residential zoning districts, the flagpole lot would meet the requirements of this Code section, including the minimum required street frontage of thirty feet. Staff recommends that the requirement for flagpole lot driveways to be designed to allow vehicles to drive out forward be waived. This will allow for more flexibility in driveway design and protection of natural features, since the private street will have a low traffic volume. 9. EVDC §10.4.D Double and Reverse Frontage Lots This section of the Code is not applicable to this plat. 10. EVDC §10.4.E Lots – Side Lot Lines The proposed plat complies with this section of the Code. 11. EVDC §10.4.E Lots – Lot Divisions The proposed plat complies with this section of the Code. 12. EVDC §10.5.A Subdivision Design Standards - General The proposed plat complies with this section of the Code. This section includes review of hazard areas. There are no mapped wildfire or geologic hazards on site, except a small portion of proposed Outlot A which is in a mapped wildfire hazard area. Since the outlot will be paved this is not a concern to staff. Installation or guarantee of improvements is addressed later in this report. This section of the Code also includes review of off-site utilities and services which are discussed elsewhere in this report. 13. EVDC §10.5.B Subdivision Design Standards – Compliance with Zoning Requirements This section of the Code addresses compliance with zoning development standards and establishment of limits of disturbance during the subdivision process. The proposed plat complies with this section of the Code, with exceptions to the zoning development standards discussed below. Limits of disturbance was discussed earlier in this report. Page #14 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 The “CO” Outlying Commercial zoning district standards apply to this subdivision unless specifically waived with approval of the plat. Note #7 on the plat addresses this by stating “Hold (CO) zoning standards and requirements unless specifically waived.” The CO zoning district standards waived with this plat include: a. The minimum lot size in the “CO” zoning district of 15,000 square feet. Lots 1 through 6 are smaller than 15,000 square feet; b. The floor area ratio (FAR) for Lots 1 through 7 is 0.25. No FAR is proposed for these lots proposed for single-family residential use since none of the single-family residential zoning districts have an FAR. A note should be added to the plat stating that the FAR standards to not apply to Lots 1 through 7; c. The 65 percent maximum impervious coverage. When reviewing modifications to building envelopes staff will review them to ensure modifications do not increase the impervious coverage beyond that proposed with the original building envelope; d. Flagpole lots are not allowed in the “CO” zoning district but are allowed in the “E” and “R” zoning districts; e. The plat approves two private driveways portions of which are within three feet of a property line without written permission of neighbors, but with written notice to neighbors. Page #15 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 Nonconforming Status of Existing Structures - Development Agreement Approval of this plat does not affect the nonconforming status of existing structures, e.g. the mobile homes are nonconfoming as to use, nonconforming as to setbacks with some mobile homes located over proposed lot lines and outside building envelopes, and nonconforming as to density on the proposed Lots 1 through 7. Staff recommends that a development agreement be submitted with or prior to submittal of the final PUD application. Staff recommends this agreement be reviewed and approved by staff and the Town Board, address the timing of removal of all existing structures on the lots, and be recorded. Density Lots 1 through 7 comply with the density requirements for residential development in a planned unit development. The density for the proposed accommodations units on Lot 8 is reviewed with the development plan. Per EVDC §9.3.C.1 “Residential Uses in a Mixed-Use PUD, the maximum number of residential units allowed shall be determined by applying the maximum permitted net density allowed in the “RM” Multi-Family Residential Zoning District (see §4.3.C.5 above).” The “RM” zoning district allows one unit per 5,400 square feet of net land area prior to site specific adjustments. This proposal includes one unit per 13,957.86 square feet of net land area with no site specific adjustments required. Lots 1 through 7 contain at total of 2.243 acres (99,705.08 square feet). 14. EVDC §10.C Streets and Roads This section of the Code requires compliance with the “Road Design and Construction Standards” in Appendix D. Public Works has reviewed the plans for compliance with the road design standards and submitted comments which staff recommends be conditions of approval. Final approval of the construction drawings is required prior to Town Board approval of the final plat. This plat proposes one private street, Sunny Acres Court, and two private driveways, Sunny Lane and Filbey Court. Sunny Acres Court and Filbey Court are proposed to be built to public street standards with the exception of a cul-de- sac at the end of Sunny Acres Court. Sunny Lane is proposed to be built to private driveway standards. Staff is reviewing the need for a cul-de-sac at the end of Sunny Acres Court and will have a recommendation prior to the Planning Commission hearing. 15. EVDC §10.D Sidewalk, Pedestrian Connections and Trails This subdivision does a good job of providing pedestrian linkages by dedicating Outlot B to the Town for use as a Town Park and by dedicating public pedestrian access on the internal private driveways and streets. A sidewalk/trail currently exists on Outlot B with a public pedestrian easement. Page #16 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 The Code requires sidewalks along all public and private streets in all zoning districts unless unusual topographic or environmental conditions make installation infeasible or would result in significant adverse impact on sensitive natural resources. This requires a sidewalk along Sunny Acres Court. Staff recommends waiver of this requirement. The applicant is proposing a sidewalk for public pedestrian use on Lot 8 adjacent to Filbey Court. This sidewalk is shown on the development plan. 16. EVDC §10.5.E. Utility Standards Water Mains and Fire Hydrants Final construction plans are required with submittal of the final subdivision plat which will be reviewed to ensure current water design and construction standards are met. Comments from the Public Works Department address water system design and staff recommends that these comments be conditions of approval. Electric and Street Lighting System Review and approval of the final construction plans will ensure that the electric service, distribution system, and street lighting system meet Town standards. Comments from the Public Works Department address electrical and street lighting system and staff recommends that these comments be conditions of approval. Sanitary Sewer System This subdivision will be served by public sewer. The Estes Park Sanitation District has no concerns about the proposed sewer design. Review and approval of the final construction plans will ensure compliance with the sanitary sewer adequate public facilities requirements. There is an existing sewer line easement on Lot 8, recorded with Book 1859, Page 849. This easement is under buildings proposed with the development plan. This portion of the easement will be vacated when the sewer line is abandoned/removed and a new easement will be dedicated for the new sewer line. The sewer easement recorded at Book 1859 Page 849 shall be vacated by separate document and a new easement dedicated prior to issuance of a building permit for buildings to be located on top of the easement with review and approval by the Estes Park Sanitation District. Underground Utilities All existing overhead utilities will be removed and new utilities will be buried underground. Final construction plans will be reviewed to comply with the standards in this section. Page #17 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 Easements Generally, ten foot utility easements are requested along all property lines. This plat proposes utility easements with a minimum width of ten feet along all property lines except Lot 8’s southern lot line, Lots 1 through 4’s eastern lot lines, and Lot 4’s northern lot line. In all these locations the lots are adjacent public utility easements that are at least twenty feet wide. Utility providers have not expressed concern about the proposed easements. The ten foot utility easement recorded with Book 2069 Page 640 has an arrow to an area much wider than ten feet. The location of this easement should be clarified. There is a dashed line on the west side of Lot 8 next to the words “Filbey Court.” The purpose of this line should be identified or it should be removed. Stormwater Drainage Stormwater drainage plans were submitted for review by Public Works and drainage easement are provided for stormwater drainage. An additional drainage easement should be added to Lot 8 to accept drainage from Lot 4. Review of final construction plans will ensure compliance with the stormwater drainage requirements. Water Systems This subdivision will be served by Town water. The Public Works Department has reviewed plans and comments were provided in Greg Sievers’ January 12, 2004 memo. Review and approval of the final construction plans will ensure compliance with the water adequate public facilities requirements. Fire Safety Standards The Fire Chief, Scott Dorman, expressed some concerns about the proposed subdivision and development plan in his January 8, 2004 email to Alison Chilcott; however, he has not completed his review and additional comments will be provided prior to the Planning Commission hearing. His initial concerns are addressed below. The street naming has been clarified with the plans submitted for Planning Commission review. Building addressing for Lot 8 will be off Filbey Court and will be assigned with building permit submittals. The Fire Chief is concerned that vehicles could parallel park in the area next to Building 2 and the pool which would restrict emergency access. Fire lane striping should be provided in this area. Cornerstone Engineering will discuss the weight capacity of the bridge with the Fire Chief so he can determine if upgrades are needed. This capacity should be Page #18 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 shown on the development plan and should be posted on the bridge. Initial review shows that upgrades will not be required. The Fire Chief is reviewing the minimum turning radius the Fire Department’s vehicles require to determine if modifications are needed to the parking lot design to improve emergency access. This information will be provided prior to the Planning Commission hearing. ISO calculations were routed to the Fire Chief and he expressed no concerns with the submitted calculations. 17. EVDC §10.5.F Private Open Areas and Trail This section of the Code requires compliance with EVDC §7.4 Public Trails and Private Open Areas. Staff recommendations concerning sidewalks and trails were discussed earlier in this report under the section “Sidewalks, Pedestrian Connections and Trails.” This section also addresses open areas. This plat provides public open area along the river corridor. Private open areas are also provided on Lot 8 and will be reviewed with the development plan. No private open areas are proposed for Lots 1 through 7. Developing this property with the “PUD-M” overlay zoning requires more open area dedication than if Lots 1 through 7 were zoned “E” Estate or “R” Residential and Lot 8 was zoned “A” Accommodations Highway/Corridor. The “PUD-M” zoning district requires thirty percent dedicated open space and per EVDC §9.3.D.4.b, the Decision-Making Body can require additional private open areas or public trail dedications based on a review of four factors. The “E” Estate and “R” Residential zoning districts require dedication of fifteen percent open space and there is no open space requirement for the “A” Accommodations zoning district. 18. EVDC §10.5.G Vegetation Protection The proposed plat complies with EVDC §10.5.G.1 Compliance with Zoning Development Standards. Compliance with EVDC §10.5.G.2 Restoration of Disturbed Road Side Areas is also required. This will be noted on the grading permit. This Code requirement also requires provision of a written guarantee that the property owner will replace any required restoration landscaping that is damaged or dies during the first two growing seasons. Replacement will be consistent with the approved landscaping plan and will occur no later than the next growing season. This should be provided with the improvement agreement. Page #19 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 19. EVDC §10.5.H Condominiums, Townhouses and Other Forms of Airspace Ownership This section of the Code does not apply to this plat. 20. EVDC §10.5.I Monuments The applicant should comply EVDC §10.5.I Monuments. 21. EVDC §10.5.J As-Built Drawings This section of the Code is applicable to this plat. The applicant should be aware that “upon completion of construction and prior to release of performance guarantees, the subdivider shall submit as-built drawings to the Town Engineer or County Engineer, as applicable, to consist of a Mylar reproducible set of all construction drawings indicating as-built conditions.” Refer to Appendix B for additional requirements for as-built drawings. 22. EVDC §10.5.K Public Improvements This section of the Code is applicable to this plat. The applicant should be aware that this Code section requires that no subdivision plat be signed by the Town or recorded at the office of the Larimer County Clerk, and no building permit issued for the development until a subdivision improvement agreement between the Town and developer has been executed. 23. Sign Easement A sign easement is proposed on Outlot B for the Lot 8 accommodations sign. All sign code regulations will apply to any sign in the easement with the exception that approval of the easement allows an off-premise sign, which would otherwise be prohibited. If Outlot B were private open area rather than dedicated to the Town as public open area a sign in the proposed location would not be considered off-site. The plat should clarify who benefits from the sign easement, i.e. Lot 8. A note should be added to the plat or a separate document should be recorded with Town review and approval addressing items such as assigning landscaping and irrigation maintenance responsibilities to the developer or the Town. Staff’s opinion is that the easement should allow one off-site sign to advertise the business on Lot 8 only and should not be used to advertise other off-site businesses and that this use should be clarified. 24. Dedication Statement The dedication statement should be reworded to clarify which easements will be dedicated to the public and which easements are private. Page #20 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 XI. STAFF RECOMMENDATION – PUD #04-01 PRELIMINARY SUBDVISION PLAT 1. Town Board approval of the development plan portion of PUD application #04- 01. 2. Approval of this plan shall include approval of waivers/minor modifications discussed in the staff findings section of the staff report. 3. Compliance with Will Birchfied’s January 8, 2004 memo to Alison Chilcott. 4. Compliance with Greg Sievers’ January 12, 2004 memo to Alison Chilcott. 5. Compliance with Greg White’s December 30, 2003 letter to Alison Chilcott. 6. If the access easement recorded with Reception Number 97003184 is to be vacated with this plat all those owners benefiting from this easement shall sign the plat or the easement shall be vacated through a separate document recorded at the same time as the plat. 7. A note shall be added to the plat stating that the FAR standards to not apply to Lots 1 through 7. 8. The sewer easement recorded at Book 1859 Page 849 shall be vacated by separate document and a new easement dedicated prior to issuance of a building permit for buildings to be located on top of the easement and with review and approval by the Estes Park Sanitation District. 9. The ten foot utility easement recorded with Book 2069 Page 640 has an arrow to an area much wider than ten feet. The location of this easement shall be clarified. There is a dashed line on the west side of Lot 8 next to the words “Filbey Court.” The purpose of this line shall be identified or it shall be removed. 10. A drainage easement shall be added to Lot 8 to accept drainage from Lot 4. 11. Fire lane striping shall be provided in the area next to Building 2 and the pool. 12. This capacity of the bridge shall be shown on the development plan and shall be posted on the bridge. 13. A written guarantee that the property owner will replace any required restoration landscaping that is damaged or dies during the first two growing seasons shall be provided with the improvement agreement. Replacement will be consistent with the approved landscaping plan and will occur no later than the next growing season. 14. The applicant shall comply EVDC §10.5.I Monuments. Page #21 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 15. The plat shall clarify who benefits from the sign easement, i.e. Lot 8. A note shall be added to the plat or a separate document shall be recorded with Town review and approval addressing items such as assigning landscaping and irrigation maintenance responsibilities to the developer or the Town. Staff’s opinion is that the easement shall allow one off-site sign to advertise the business on Lot 8 only and shall not be used to advertise other off-site businesses and that this use shall be clarified. 16. The dedication statement shall be reworded to clarify which easements will be dedicated to the public and which easements are private. XII. SUGGESTED MOTION – PUD PRELIMINARY SUBDIVISION PLAT I move to recommend approval of this preliminary subdivision plat portion of PUD application #04-01 to the Town Board of Trustees with the findings and conditions recommended by staff. XIII. STAFF FINDINGS – PUD DEVELOPMENT PLAN Staff finds: 1. This portion of the PUD application is the development plan for proposed Lots 1 through 8 shown on the preliminary subdivision plat described above. Staff believes the development is well designed, including the proposed building design, and is supportive of the plan. Staff questions the need for gated access points, but the gates do not prevent compliance with Town regulations or require waivers from Town standards. 2. EVDC §4.4 Nonresidential Zoning Districts The proposed development complies with all standards set forth in EVDC §4.4 Nonresidential Zoning Districts, with exceptions described below. The proposed principal uses, i.e. single-family residential use on Lots 1 through 7 and high intensity accommodations on Lot 8, are permitted principal uses in the zoning district with the PUD overlay. A note should be added to the development plan stating that all “CO” zoning district standards apply to this development plan unless specifically waived with this development plan. The nonresidential zoning district standards for Lots 1 through 7 were reviewed in the preliminary plat section of this staff report. This section reviews standards applicable to Lot 8. Page #22 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 Summary of Allowed and Proposed Density for Lot 8 Net Land Area = Gross Land Area Acres 3.525 acres Square Feet 153,538 sq. ft. Max. # Allowed Units ( 1 Unit of 800 square feet or less per 1,800 square feet of net land area) 85 Proposed # Units 64 Proposed Units Per Acre 18.2 Proposed Lot 8 Statistics Compared to “CO” Zoning District Standards Minimum Lot Size (Net Land Area) 15,000 sq. ft. Proposed Net Land Area 153,538 sq. ft. Maximum Allowable Floor Area Ratio 0.25 Proposed Floor Area Ratio Without Considering the Driveway a Private Street. (Gross Floor Area/Lot 8 + Outlot C Gross Land Area) 0.234 45,083 sq. ft./192,275 sq. ft. Maximum Allowable Lot Coverage 65.0% Proposed Lot Coverage (Lot 8 Gross Land Area/Lot 8 Impervious Coverage) 48.7% 74,750/153,538 Required Maximum Building Height 30 feet Proposed Building Height 32 feet Minimum Allowable Building/Structure Setbacks Front NA Side – Abutting Residentially Zoned Lots 25 feet Side – Abutting “CO” Zoned Lots 15 feet Rear NA The proposed 48.7% lot coverage meets the requirements of the “CO” zoning district and also meets the 50% lot coverage requirements in the “A” zoning district for accommodation development. The “PUD-M” district allows for modifications to internal setbacks. Modifications to setbacks for Lots 1 through 7 were described in the preliminary plat section of this staff report. This section addresses setbacks for Lot 8. The development plan shows proposed building setbacks which do not meet the setbacks required in the “CO” zoning district. Staff supports the proposed setbacks. Recordation of the development plan showing the building locations will establish setbacks for the proposed buildings. Any proposed addition of buildings or structures in the future will require modification of the approved plans and Town Board approval. Some of the statistics on development plan sheet 1 should be clarified. The Floor Area Ratio and Density Calculations section refers to Outlot C. This should be changed to Outlot B. The impervious coverage for Lot 8 should be Page #23 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 added to the development plan, including the total square footage of impervious coverage and the percentage of impervious coverage. The net density calculation should refer to guest units less than or equal to 800 square feet rather than guest units less than 800 square feet. The net density calculation for Lot 8 does not need to subtract out private streets since no private streets are proposed. As noted in the statement of intent, a waiver is requested to the building heights restrictions and staff supports approval of this waiver to allow the buildings to be thirty-two feet tall rather than thirty feet. This will provide better flood protection and drainage. 3. EVDC §5.2 Accessory Uses and Structures During construction the applicant should comply with EVDC §5.3.D.3 Contractor’s Office/Temporary Construction Uses. This will be noted on the building permit and does not need to be a condition of development plan approval. 4. EVDC §7.1 Slope Protection Standards EVDC §7.1.A, C and D are not applicable to this development. EVDC §7.1.B is applicable. EVDC §7.1.B Development Restrictions on Steep Slopes This plan proposes two spa areas cut into the rock at the rear of Lot 8 with utility cuts nearby. These areas will be screened from public view by the proposed buildings. The plan minimizes rock cuts by locating utilities near the proposed spa areas, though cuts could be further minimized by locating utilities in the driveways. Detailed grading plans for the two spa areas, stamped by an engineer, should be submitted with the final PUD submittal for staff review and approval and should address slopes instability. EVDC §7.1.B.2.b(4) states “The Applicant shall demonstrate that the slope's ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard both on-site and on adjacent properties.” Per EVDC §7.1.B.4 “Grading, Clearing and Excavation – Slopes in Excess of Thirty Percent. Clearing, excavation and grading on slopes greater than thirty percent (30%) would not be allowed, unless expressly approved through a development plan.” As proposed this plan will allow grading of slopes in excess of 30% in the two spa areas. Page #24 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 5. EVDC §7.2 Grading and Site Disturbance This section of the Code is applicable to this development and the applicant submitted a detailed grading plan with the application. Original plans included a driveway/street connection between the single-family lots and the accommodations lot. The current proposal no longer includes this connection. This has lowered the finished floor elevation of Building 4 1.5 feet and minimized fill on Lot 8. The Fire Chief and Police Department have not expressed concern about having only one access to the Lot 8 and the proposed roads/driveways in the subdivision meet required standards, with any minor modifications discussed elsewhere in this report, so staff is supportive of the proposal. If retaining walls are proposed in the spa areas they will be required to comply with EVDC §7.2.B.6. Also EVDC §7.2.B.2 prohibits changes to natural grade of more than ten feet. This requirement will apply to the proposed spa areas. EVDC §7.2.B Grading Standards EVDC §7.2.B.8 Detention/Stormwater Facilities Best management practices should be used to filter water prior to release into Fall River and details of filtration devises should be provided. The majority of Lot 8’s stormwater enters Fall River through an inlet in the landscaped island near Buildings 3-5 and at two inlets near the bridge. Further review will be completed by staff prior to the Planning Commission hearing to determine if drainage on Far View Drive will flow down Sunny Acres Court, through Lot 4 and onto Lot 8. If this occurs the proposed grass swale on Lot 8 may not be sufficient to handle all the drainage. EVDC §7.2.C Restoration of Disturbed Areas Compliance with EVDC §7.2.C is required and the development plan contains a note addressing the revegetation requirements in this section. A note should be added to the development plan stating that rock cuts for the spa areas and utilities should comply with EVDC §7.2.C.6. Cut Rock Treatment which requires that “Disturbed areas resulting in rock cuts shall be treated with a rock-staining agent to the extent necessary to match the predominant colors of the surrounding soils or rocks.” Topsoil is also required to be stock piled to the maximum extent feasible. EVDC §7.2.D Limitations of Site Disturbance Limits of disturbance for Lot 1 through 7 was discussed in the preliminary plat section of this report. The staff agrees with the Lot 8 proposed limits of disturbance during construction. 6. EVDC §7.3 Tree and Vegetation Protection Tree and vegetation protection for Lots 1 through 8 was reviewed in the preliminary plat section of this staff report. This development plan does a good job of designing around and saving existing significant trees on Lot 8. Trees that Page #25 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 will be removed are designated on the plan. Staff does not recommend requiring replacement trees to compensate for the removal of these trees. Extra care should be taken to ensure survival of the spruce tree in front of the existing single family house and between proposed buildings 1 and 2. A note should be added to the construction and landscaping plans that requires an arborist to oversee installation of utilities near the spruce tree between buildings 1 and 2. 7. EVDC §7.4 Public Trails and Private Open Areas Public trails and public open areas were reviewed in the preliminary plat section of this report. A proposed public sidewalk with steps between the single-family portion of the subdivision and Lot 8 is shown on the development plan. This was not mentioned in the preliminary plat section of the report. This section reviews the private open area proposed on Lot 8. This plan provides for 39.4 percent open area and the proposed open area meets the design criteria in the EVDC. 12.6 percent of the open area is public open area in Outlot B and 26.8 percent is private open area on Lot 8. Private open area should be shown on the development plan. Also this open area should be permanently reserved as open area, and ongoing maintenance ensured. Staff recommends accomplishing this by designating permanent open area on the first condominium map, ensuring maintenance in the declaration and conditioning preliminary condominium map approval on this. 8. EVDC §7.5 Landscaping and Buffers Landscaping for Lots 1 through 7 was reviewed in the preliminary plat section of this report. This section reviews Lot 8 landscaping. The landscaping plan complies with EVDC §7.5 Landscaping and Buffers with any exceptions described below. This plan does a good job of plant arrangement to create visual appeal, provided effective screening, define site circulation and enhance the use of the site. EVDC §7.5.C Approval of Landscaping and Buffering Plan The applicant should be aware that in accordance with EVDC §7.5.C.3 “No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping and buffering plan: a. Such plan has been fully implemented on the site and inspected by staff; or b. Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by an improvement agreement (or included in an approved development agreement) in a form agreeable to the Town or County and secured by a letter of credit, cash escrow or other instrument acceptable to the Town or County, in an amount equal to one hundred fifteen percent (115%) of the cost of materials and labor for all elements of the landscape plan.” Page #26 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 EVDC §7.5.D General Landscaping Design Standards The applicant should also be aware of EVDC §7.5.D.2.b(2) which states “Design of the landscape shall take retained, existing trees into consideration with an adequate area provided around each tree that is free of impervious material to allow for infiltration of water and air. This pervious area shall be equal to one and one-half (1.5) times the drip line of the tree. The root zones of existing trees and shrubs to be preserved shall be protected from unnecessary disturbance due to cut or fill grade changes. The location of underground utility lines shall be carefully planned to avoid unnecessary disturbance of root zones that would threaten the survival of existing trees and shrubs to be preserved. (See also Appendix D for protection of trees/vegetation during construction activities.)” EVDC §7.5.F Buffering and Screening The number of trees and shrubs summarized on development plan sheet 1 meets the Code requirements and in some cases exceeds requirements. Staff recommends district buffers where the proposed accommodations use abuts a residential use, i.e. abutting The Willows to the west. The 300 foot district buffer requires 18 evergreens and 27 shrubs as noted on sheet 1. The landscaping plan sheet L1.1 shows nine evergreens and four ornamental trees for a total of thirteen trees and no shrubs. Landscaping plan should be revised to provide the required number of trees and shrubs. Also staff recommends increasing the number of birch trees and reducing the number of pear trees. The plan does a good job of screening the loading area from the residential development to the west by planting five evergreens between the property boundary and driveway. The trash enclosures are required to comply with EVDC §7.5.F.2.c and EVDC §7.5.H concerning screening and a sketch of the proposed screening should be submitted to staff for review and approval prior to approval of the first building permit. General Note #7 on sheet 1 of 7 addresses trash enclosures. EVDC §7.5.F Fences and Walls Fencing and walls for Lots 1 through 7 are shown on development plan sheet 3 of 7 and fences and walls for Lot 8 are shown on the landscaping plant L1.1 with fencing details provided L2.1. Six foot high perimeter fencing with six foot six inch foot high flagstone caps is proposed along external property boundaries with gaps every sixty feet for the single-family portion of the subdivision. Where solid fencing/walls are proposed abutting public roads the landscaping plan should be revised to comply with EVDC §7.5.F.2 Fences/Walls Abutting Public Roads which states in part “Where opaque of solid fencing will abut a public road, it shall be screened from the road. Breaks in the screening shall be created and changes in fence setbacks, heights or materials shall also be utilized to provide visual diversity” Options include varying the height of the wall, Page #27 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 obtaining permission to plant trees and shrubs in the right-of-way, providing more variety in the wall design. Since the wall will be lower than the Far View right-of-way it will be less visually imposing than if it were on the same grade as the right-of-way. A note should be added to the plan stating that there will be breaks in the fences and walls every forty feet rather than every sixty feet as proposed or the landscaping plan should be revised to comply with EVDC §7.5.F.3 which establishes planting requirements in conjunction with fences and walls. A detail for the security fencing shown on L1.1 should be added to the plans for staff review and approval. Construction details are provided in the construction drawings for concrete walls. These walls should be shown on the development plan if proposed and should be reviewed and approved by staff. EVDC §7.5.J Maintenance Requirements The applicant should also be aware of the maintenance requirements for landscaping. 9. EVDC §7.6 Wetlands and Stream Corridor Protection There are no mapped wetlands on site. The applicant submitted a wetlands study which identified some small areas along the Fall River banks that exhibited wetlands characteristics. This is typical along river banks in the area and the wetlands setbacks were not intended to apply to this situation. The stream corridor protection standards do apply and the thirty foot river setback from the annual high-water mark applies since this lot was developed prior to the adoption of the Code. The development plan identifies the high water mark to the building rather than the decks/patios; however, the decks/patios do comply with the thirty foot setback requirement. EVDC §7.6.G Preservation of Vegetation requires preservation of existing vegetation in the river corridor. This plan will include removal of existing small cottonwood trees within the river corridor between the pedestrian path and the proposed buildings. Staff recommends waiver of this requirement. Page #28 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 10. EVDC §7.7 Geologic and Wildfire Hazards This section of the Code was discussed in the preliminary subdivision plat section of the staff report. 11. EVDC §7.8 Wildlife Habitat Protection The site is in mapped elk wildlife habitat area and the development plan was sent to the Colorado Division of Wildlife for review. Staff will not require submittal of a wildlife conservation plan prior to approval of this development plan. Protecting Fall River in an open area outlot is beneficial to wildlife. Review Standards Buffer: Staff will not require setback buffers from wildlife habitat. Non-Native Vegetation: This section states that “There shall be no introduction of plant species that are not on the approved landscaping list in Appendix C should be approved.” This plan provides for both native plans and other plants on Appendix C. With past reviews and this review staff has not recommended narrowing the proposed landscaping to only native plants. Fencing: The plan should state that any fencing taller than forty inches requires six foot gaps every fifty feet for passage of wildlife. The proposed gaps every sixty feet are too far apart. Exterior Lighting: A note on the development plan addresses compliance with EVDC §7.9 Exterior Lighting. Refuse Disposal: General Note #7 states that trash enclosures will be bear proof. This note should be revised to require that the garbage containers for the Lots 1 through 7 shall also be required to be bear resistant as recommended by the Division of Wildlife in their January 2, 2004 letter. Domestic Animals: The Municipal Code regulates domestic animals and household pets to prevent the harassment, disturbance and killing of wildlife and to prevent destruction of important wildlife habitat. 12. EVDC §7.9 Exterior Lighting General Note #4 on sheet 1 of 7 addresses compliance with EVDC §7.9 Exterior Lighting, including the requirement that street lights, which includes parking lot lights, will not exceed 15 feet. Exterior lighting could be further minimized if this lighting is not proposed; however, staff assumes this is needed security lighting. 13. EVDC §7.10 Operational Performance Standards This development is required to comply with the noise standards found in Larimer County Ordinance 97-03 (adopted September 22, 1997, and as amended from time to time). Page #29 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 The development plan does a good job of addressing operational and physical compatibility with existing uses. The proposed redevelopment will significantly improve the look of this property. Staff does not think additional conditions should be placed on the approval to ensure compatibility with existing uses. 14. EVDC §7.11 Off-Street Parking and Loading EVDC §7.11.D Minimum Off-Street Parking Requirements The plan exceeds the minimum off-street parking requirements for Lot 8. This development proposes 64 guest rooms all less than 750 square feet. Units of 750 square feet or less require one parking space per unit. Also one parking space per three employees is required and this plan provides three spaces for four employees. The minimum requirement of two parking spaces per single-family lot will be met with the proposed layout of Lots 1 through 7. The building envelope locations allow driveways with a minimum length of approximately twenty feet. These driveways can be as used parking areas in addition to enclosed garage parking. EVDC §7.11.J Accessible Parking for Disabled Persons Five van-accessible parking spaces are provided which exceeds the minimum number and size parking spaces required by the Code. EVDC §7.11.M Bicycle Racks Premises requiring twenty or more vehicular parking spaces are required to provide bicycle racks. The proposed development on Lot 8 triggers this requirement and bicycle rack are provided as shown on sheet 3 of 7. The bicycle rack locations in front of Building 6 and 8 should be reconsidered since shrubs are proposed in these locations. EVDC §7.11.O Parking and Loading Design Standards A note should be added to the development plan stating that the development will comply with EVDC 7.11.O concerning markings, e.g. striping and directional arrows, with the exception of the two-way directional arrows. Staff recommends waiver of the requirement to provide two-way directional arrows on the paving at the property entrances. One-way directional arrows should be provided for the landscaped island near Buildings 3-5. The length and width requirements for parking stall dimensions are applicable to this development and the proposed spaces comply with this development. The proposed aisle width requirements for the landscaped island near Buildings 3-5 do not comply and should be revised if the Fire Department needs additional area for the fire trucks. 15. EVDC §7.12 Adequate Public Facilities Page #30 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 EVDC §7.12.D. Sewage Disposal Sewage disposal was discussed in the preliminary plat section of this staff report. EVDC §7.12.E. Water Water was discussed in the preliminary plat section of this staff report. EVDC §7.12.E. Drainage/Water Quality Management Drainage and water quality management was discussed in the preliminary plat section of this staff report. EVDC §7.12.F. Fire Protection Fire protection was discussed in the preliminary plat section of this staff report. With the exception that the gates proposed on sheet 3 of the development plan at the (1) Far View Lane/Sunny Acres Court, (2) Sunny Acres Court boundary with the residential lots to the west, and (3) at the current access to The Willows should be approved by the Town Fire and Police Departments to ensure emergency access is provided. A note on the development plan addresses this for two of the three proposed gates. This should also be added for the proposed The Willows gate. EVDC §7.12.H. Transportation The requirements in this section of the Code were reviewed in the preliminary plat section of the staff report. 16. EVDC §7.13 Outdoor Storage, Areas, Activities and Mechanical Equipment The proposed development on all lots should comply with all applicable standards. This will be reviewed with submittal of building permit applications for individual houses on Lots 1 through 7. Proposed development on Lot 8 does comply with these standards. Proposed meter box locations will not be highly visible from the pedestrian trail along Fall River. Per EVDC §7.13.B.4 conduit, meters, vents and other equipment attached to the building or protruding from the roof shall be screened, covered or painted to minimize visual impacts. This will be noted on building permit applications. 17. EVDC §7.14 Mobile Home Parks & EVDC §7.15 Recreational Vehicle (RV) Park/Campground These sections of the Code are not applicable to this development. Page #31 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 18. EVDC §10.5.K Public Improvements This was discussed in the preliminary plat section of the staff report. 19. EVDC Appendix D Road Design and Construction Standards This was reviewed in the preliminary plat section of the staff report with the exception that the development plan should clarify that the sight distances called out for the West Elkhorn Avenue and Far View Drive are minimum sight distances. Appendix D.VI Erosion Control Per EVDC Appendix D.VI an erosion control sheet is required with construction plans for the development. This sheet has been provided for staff review. The State Stormwater Management Plan and application should also be submitted with submittal of the first building permit application. This does not need to be a condition of development plan approval. Appendix D.VII Tree and Vegetation Protection During Construction and Grading Activities Compliance with EVDC Appendix D.VII is required. This does not need to be a condition of development plan approval. 17. Addressing Only houses currently addressed off Sunny Acres Court will remain addressed off Sunny Acres Court street name. No address changes are required. 18. Legibility and Labeling Overall legibility is very good. Some text is overlapping and difficult to read on the development plan and should be reworked. All sheets that are part of the development plan should be labeled as # of 7. The first four sheets are labeled as described. A scale should be added to the landscaping plan sheet L1.1. 19. Legal Description The general location description on sheet 1 of 7 of the development plan should be consistent with the legal description on the preliminary plat, e.g. the development plan refers to Lot 17B and a portion of Lot 17A. The plat does not refer to Lot 17B and refers to all of Lot 17A. XIV. STAFF RECOMMENDATION – PUD DEVELOPMENT PLAN 1. Approval of this plan shall include approval of waivers/minor modifications discussed in the staff findings section of the staff report. 2. A note shall be added to the development plan stating that all “CO” zoning district standards apply to this development plan unless specifically waived with this development plan. Page #32 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 3. The Floor Area Ratio and Density Calculations section refers to Outlot C. This shall be changed to Outlot B. The impervious coverage for Lot 8 shall be added to the development plan, including the total square footage of impervious coverage and the percentage of impervious coverage. The net density calculation shall refer to guest units less than or equal to 800 square feet rather than guest units less than 800 square feet. The net density calculation for Lot 8 shall not subtract out private streets since no private streets are proposed. 4. Detailed grading plans for the two spa areas, stamped by an engineer, shall be submitted with the final PUD submittal for staff review and approval and shall address slope instability. 5. If retaining walls are proposed in the spa areas they shall be required to comply with EVDC §7.2.B.6. Also EVDC §7.2.B.2 prohibits changes to natural grade of more than ten feet. This requirement shall apply to the proposed spa areas. 6. Best management practices shall be used to filter water prior to release into Fall River and details of filtration devises shall be provided. 7. A note shall be added to the development plan stating that rock cuts for the spa areas and utilities shall comply with EVDC §7.2.C.6. Cut Rock Treatment which requires that “Disturbed areas resulting in rock cuts shall be treated with a rock- staining agent to the extent necessary to match the predominant colors of the surrounding soils or rocks.” 8. Extra care shall be taken to ensure survival of the spruce tree in front of the existing single family house and between proposed buildings 1 and 2. A note shall be added to the construction and landscaping plans that requires an arborist to oversee installation of utilities near the spruce tree between Buildings 1 and 2. 9. Private open area shall be shown on the development plan. Private open area shall be permanently reserved as open area, and ongoing maintenance ensured. Staff recommends accomplishing this by designating permanent open area on the first condominium map, ensuring maintenance in the declaration and conditioning preliminary condominium map approval on this. 10. The landscaping plan sheet L1.1 shows nine evergreens and four ornamental trees for a total of thirteen trees and no shrubs. Landscaping plan shall be revised to provide the required number of trees and shrubs. Also staff recommends increasing the number of birch trees and reducing the number of pear trees. 11. The trash enclosures are required to comply with EVDC §7.5.F.2.c and EVDC §7.5.H concerning screening and a sketch of the proposed screening shall be submitted to staff for review and approval prior to approval of the first building permit. Page #33 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 12. Where solid fencing/walls are proposed abutting public roads the landscaping plan shall be revised to comply with EVDC §7.5.F.2 Fences/Walls Abutting Public Roads which states in part “Where opaque of solid fencing will abut a public road, it shall be screened from the road. Breaks in the screening shall be created and changes in fence setbacks, heights or materials shall also be utilized to provide visual diversity” Options include varying the height of the wall, obtaining permission to plant trees and shrubs in the right-of-way, providing more variety in the wall design. Since the wall will be lower than the Far View right-of-way it will be less visually imposing than if it were on the same grade as the right-of-way. 13. A note shall be added to the plan stating that there will be breaks in the fences and walls every forty feet rather than every sixty feet as proposed or the landscaping plan shall be revised to comply with EVDC §7.5.F.3 which establishes planting requirements in conjunction with fences and walls. 14. A detail for the security fencing shown on L1.1 shall be added to the plans for staff review and approval. 15. Construction details are provided in the construction drawings for concrete walls. These walls shall be shown on the development plan if proposed and shall be reviewed and approved by staff. 16. The plan shall be revised to provide gaps at least every fifty feet for any fencing/walls taller than forty inches 17. General Note #7 shall be revised to require garbage containers for the Lots 1 through 7 to be bear resistant as recommended by the Division of Wildlife in their January 2, 2004 letter. 18. The bicycle rack locations in front of Building 6 and 8 shall be reconsidered since shrubs are proposed in these locations. 19. One-way directional arrows shall be provided for the landscaped island near Buildings 3-5. 20. The proposed aisle width requirements for the landscaped island near Buildings 3-5 do not comply and shall be revised if the Fire Department needs additional area for the fire trucks. 21. A note on the development plan shall state that the gate to The Willows shall be reviewed and approved by the Town Fire and Police Department. 22. The development plan shall clarify that the sight distances called out for the West Elkhorn Avenue and Far View Drive are minimum sight distances. Page #34 – Fall River Village Rezoning Request and Planned Unit Development Request #04-01 23. Text that is overlapping and difficult to read on the development plan shall be reworked. All sheets that are part of the development plan shall be labeled as # of 7. The first four sheets are labeled as described. 24. A scale shall be added to the landscaping plan sheet L1.1. 25. The general location description on sheet 1 of 7 of the development plan shall be consistent with the legal description on the preliminary plat, e.g. the development plan refers to Lot 17B and a portion of Lot 17A. The plat does not refer to Lot 17B and refers to all of Lot 17A. XV. SUGGESTED MOTION – PUD DEVELOPMENT PLAN I move to recommend approval of the development plan portion of PUD application #04-01 to the Town Board of Trustees with the findings and conditions recommended by staff.