HomeMy WebLinkAboutREZONE 475 Fall River Ln A B 2016-05-24
Estes Valley Board of Trustees, May 24, 2016 Page 1 of 3
475 Fall River Lane, Zoning Map Amendment (Rezoning)
COMMUNITY DEVELOPMENT
Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Senior Planner
Date: May 24, 2016
RE: ORDINANCE #13-16, Rezone CO-Commercial Outlying to R-2-Two-
Family Residential; 475 Fall River Lane; Dennis and Donna "Katie"
Lovell/Applicants.
Objective:
Conduct a public hearing to consider the Lovell Zoning Map Amendment (rezoning)
application for compliance with the Estes Valley Development Code (EVDC).
Present Situation:
Prior to 2000, this property was
used as both a residence and a
business. According to a
previous staff report, “the house
was designed to house the
Mountain Lady Quilt Shop in the
lower level with a three-bedroom
home on the upper level.” After
two years of operation, the
business was relocated to a
downtown location, and the
former business space was
converted to living quarters
without a building permit.
In 2004, a prior owner submitted
a rezoning application for this property. The owner withdrew the application prior to
Town Board review due to personal reasons. This application is essentially a duplicate
of the 2004 request.
Areas to the north are developed with more intense multi-family and accommodations
commercial. Land to the south is steep and zoned for single-family residential
development.
Estes Park Town Board of Trustees, May 24, 2016 Page 2 of 3
475 Fall River Lane, Zoning Map Amendment (Rezoning)
The current owners intend to bring the property into compliance with the Building Code
and complete the rezoning process to bring the zoning into conformity with the long-
standing use of the property as two-family residential.
Proposal:
This request is to rezone the parcel known as “Lot 9, Amended Plat of Lots 10 through
17 and Portions of Lots 1, 6, 8, and 9, Elkhorn Estates Subdivision” from CO
(Commercial Outlying) to R-2 (Two-family Residential). Given the nature of the current
land use and the fact that the property is fully developed and adequately served by
existing services and facilities, the requirement for a development plan was waived.
Advantages:
1. Complies with standards set forth in the Estes Valley Development Code;
2. Consistency with housing goals and policies of the Estes Valley Comprehensive
Plan by promoting a balance of housing opportunities to assist residents and
businesses and providing a variety of housing types and price ranges within the
community;
3. Eliminates the non-conforming use of the property stemming from the 2000
Development Code updates; and
4. Improves the safety of the building through upgrades to the building with approval of
the building permit.
Disadvantages:
None.
Action Recommended:
The Estes Valley Planning Commission held a public hearing for this application on April
19, 2015. During the hearing, the Commission made the following findings:
1. The updates to the Estes Valley Development Code completed in 2000, created a
nonconforming use of the property.
2. The proposed zoning map amendment is necessary to address changes in
conditions in the area affected.
3. Given the current land use and existing developed parcel, the requirement for a
development plan was waived.
4. The property is fully developed and already served by public utilities and the Fire
District.
Estes Park Town Board of Trustees, May 24, 2016 Page 3 of 3
475 Fall River Lane, Zoning Map Amendment (Rezoning)
5. Once the recommended conditions of approval are addressed, the rezoning to R-2
(Two-Family Residential) would bring property into compliance with existing uses on
the property and improve the safety of the building through required upgrades to the
structure.
The Planning Commission unanimously recommended approval of the Zoning Map
Amendment request with the following conditions recommended by staff.
a) All construction and processes shall be in accordance with the provisions of the
International Fire Code (2009 Edition), the International Building Code (2009)
and the Town of Estes Park Codes and Standards.
b) Property owner will comply with all requirements of the Building Department to
ensure the converted commercial space is safe for habitation as a second
dwelling unit.
Budget:
None.
Level of Public Interest:
Low: No public comments were submitted to the Community Development Department
and no public comment was received at the Planning Commission public hearing.
Sample Motions:
Below are the Town Board’s options related to the Zoning Map Amendment request:
1. I find that the application meets the review criteria, and move to APPROVE the
Zoning Map Amendment request with the with the following conditions of approval
as recommended by the Planning Commission:
2. I find that the application meets the review criteria, and move to APPROVE of the
Zoning Map Amendment request with no conditions;
3. I find that the application does not meet the review criteria, and move to DENY the
Zoning Map Amendment request;
4. I find that the applicant has not provided sufficient information to review the
applications and move to CONTINUE THE HEARING to provide adequate time to
review additional materials.
Attachments:
Ordinance #13-16
Application and Planning Commission Staff Report www.estes.org/currentapplications
Planning Commission Minutes (Included in Board Packet)
ORDINANCE NO. 13-16
AN ORDINANCE AMENDING
THE ESTES VALLEY DEVELOPMENT CODE
TO REZONE LOT 9, AMENDED PLAT OF LOTS 10 THROUGH 17 AND PORTIONS OF
LOTS 1, 6, 8, AND 9 ELKHORN ESTATES SUBDIVISION
WHEREAS, on April 19, 2016, the Estes Valley Planning Commission recommended
approval of an Official Zoning Map amendment to rezone Lot 9, Amended Plat of Lots 10
through 17 and Portions of Lots 1, 6, 8, and 9, Elkhorn Estates Subdivision, addressed 475
Fall River Lane, from CO-Outlying Commercial Outlying to R-2- Two-family Residential.
WHEREAS, the Board of Trustees of the Town of Estes Park finds that this Official
Zoning Map amendment complies with the Standards for Review established in Section 3.3.D
of the Estes Valley Development Code and it is best interest of the Town that the
recommended zoning amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1: The zoning of Lot 9, Amended Plat of Lots 10 through 17 and Portions of
Lots 1, 6, 8, and 9, Elkhorn Estates Subdivision shall be changed from CO-Outlying
Commercial Outlying to R-2- Two-family Residential.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 24th DAY OF MAY, 2016.
TOWN OF ESTES PARK
_____________________________________
Todd Jirsa, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the 24th day of May, 2016 and published in a newspaper of general
circulation in the Town of Estes Park, Colorado, on the day of
, 2016, all as required by the Statutes of the State of Colorado.
Town Clerk
ESTES VALLEY PLANNING COMMISSION
MEETING DATE: April 19, 2016
REQUEST: This request is to rezone the parcel known as “Lot 9, Amended Plat
of Lots 10 through 17 and Portions of Lots 1, 6, 8, and 9, Elkhorn Estates
Subdivision” from CO (Commercial Outlying) to R-2 (Two-family Residential).
STAFF OBJECTIVE:
1. Review for compliance with the Estes Valley Development Code (EVDC); and
2. Provide basis for Planning Commission recommendation to the Town Board
of Trustees.
PLANNING COMMISSION OBJECTIVE:
1. Review for compliance with the
Estes Valley Development Code
(EVDC);
2. Conduct a public hearing to
consider applicant’s testimony,
public comment, and Town staff’s
findings and analysis; and
3. Provide a recommendation to the
Estes Park Town Board of Trustees
of approval or denial of the rezoning
application.
LOCATION: 475 Fall River Lane
PROPERTY OWNERS/APPLICANTS: Lovell and Donna K. “Katie” Lovell
PROJECT DESCRIPTION AND BACKGROUND: Prior to 2000, this property
was used as both a residence and a business. According to a previous staff
report, “the house was designed to house the Mountain Lady Quilt Shop in the
lower level with a three-bedroom home on the upper level.” After two years of
operation, the business was relocated to a downtown location, and the former
business space was converted to living quarters without a building permit. The
areas to the north are developed with more intense commercial and hotel
development to the west and higher-density residential to the north. The land to
the south is steep and zoned for single-family residential development. The
475 Fall River Lane, Zoning Map Amendment
Request
Corrective Rezoning
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
Estes Valley Planning Commission, April 19, 2016 Page 2 of 4
475 Fall River Lane, Zoning Map Amendment
Estes Valley Development Code update in 2000 generated the original request
for rezoning of the subject property as contemplated and supported by Town
Planning Staff in 2004 when the previous owners applied for a “corrective
rezoning.” The public hearing never occurred due to a halt in the process by the
owners because of personal reasons. The current owners intend to rectify this
situation by bringing the property into compliance with the Building Code and
complete the rezoning process to bring the zoning into conformity with the long-
standing use of the property as two-family residential.
SITE DATA TABLE:
Parcel Number: 3523408009 Development Area: 1.03 acres
Existing Land Use: Two-family
residential
Proposed Land Use: Two-family
residential
Current Zoning Designation: CO
Commercial Outlying
Proposed Zoning Designation: R-2
Two-family Residential
Adjacent Zoning:
East: E Estate North: RM Multi-family Residential
West: A Accommodations
Highway/Corridor
South: RE Rural Estate
Adjacent Land Uses:
East: Single-family residential North: Multi-family residential
West: Accommodations, high-intensity
commercial
South: Vacant land
Services:
Electric: Town of Estes Park
Water: Town of Estes Park
Sewer: Estes Park Sanitation District
Gas: Xcel Energy
Telephone: CenturyLink
Fire Protection: Estes Valley Fire
Protection District
STAFF REVIEW: All applications for text or Official Zoning Map amendments
shall be reviewed by the EVPC and Board(s) for compliance with the relevant
standards and criteria set forth below and with other applicable provisions of this
Code. In accordance with Section 3.3.D “Standards for Review” of the EVDC, all
applications for rezoning shall demonstrate compliance with the applicable
standards and criteria:
1. The amendment is necessary to address changes in conditions in the areas
affected.
Staff Finding: The previous rezoning request from 2004 was generated due
to updates to the Estes Valley Development Code completed in 2000 which
removed language permitting single-family and duplex uses within the “CO”
zoning district as uses by right. Therefore, the 2000 Development Code
updates created a non-conforming use of this property. This proposed
Estes Valley Planning Commission, April 19, 2016 Page 3 of 4
475 Fall River Lane, Zoning Map Amendment
amendment is necessary to address changes in conditions in the areas
affected since the quilting business previously located within the residence
was relocated many years ago, hence, the long-standing uses on the parcel
have been primarily residential. The Building Department reviewed a
building permit to bring the property into compliance with current Building
Code since the conversion of the commercial space to residential use was
never reviewed by the building officials at the time. A condition required by
the Building Department is that a rezoning is approved prior to issuance of a
building permit. Approval of the rezoning will bring the property into
compliance with the existing uses on the property and improve the safety of
the building through upgrades to the building with approval of the building
permit.
2. The development plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley.
Staff Finding: The applicant has requested that the development plan
requirement be waived for this rezoning per Section 3.3.B.3 of the Estes
Valley Development Code:
“Within one (1) year from the effective date of this Code, any property
owner may apply for rezoning on the basis that an error in the original
zoning was made. Staff may waive the development plan requirements
based upon the nature of the proposed request. Applicant must submit a
statement of request setting forth information, data and reasons why the
error exists.”
Given the nature of the current land use and existing developed parcel, Staff
has waived the requirement for a development plan since no new
development is proposed in conjunction with this rezoning request. The
configuration of the existing development has been evaluated by Staff and
will conform to the proposed zoning designation of R-2 Two-Family
residential.
3. The Town, County or other relevant service providers shall have the ability to
provide adequate services and facilities that might be required if the
application were approved.
Staff Finding: The property is fully developed and already served by the
entities as listed within the “Services” section of the “Site Data Table” above.
The Estes Valley Fire Protection District has reviewed the submitted
materials and has no comments or concerns regarding those plans. The
District has provided their standard condition of approval that all construction
and processes shall be in accordance with the provisions of the International
Fire Code (2009 Edition), the International Building Code (2009) and the
Town of Estes Park Codes and Standards. This condition has been included
in the Potential Motions for the Commission’s consideration on page four (4)
of the staff report.
Estes Valley Planning Commission, April 19, 2016 Page 4 of 4
475 Fall River Lane, Zoning Map Amendment
Staff finds that the rezoning request for an Official Zoning Map amendment would
comply with the applicable review criteria set forth in Section 3.3.D “Standards for
Review” of the Estes Valley Development Code and advance goals, policies, and
objectives adopted in the Estes Valley Comprehensive Plan.
REFERRAL AND PUBLIC COMMENTS: The rezoning request was routed to
reviewing agency staff and adjacent property owners for consideration and
comment. All agency staff comments and concerns related to the rezoning
request are included in this staff report.
The public hearing for the rezoning request was publicly noticed in accordance
with the applicable public notification requirements of the Estes Valley
Development Code. No public comments have been submitted to the
Community Development Department.
POTENTIAL MOTIONS:
Below are the Planning Commission options related to the rezoning request:
1. I find the application substantially meets the criteria above, and move to
recommend APPROVAL of the rezoning request to the Town Board of
Trustees with no conditions.
2. I find the application substantially meets the criteria above, and move to
recommend APPROVAL of the rezoning request to the Town Board of
Trustees with the following conditions of approval:
a. All construction and processes shall be in accordance with the
provisions of the International Fire Code (2009 Edition), the
International Building Code (2009) and the Town of Estes Park Codes
and Standards.
b. Property owner will comply with all requirements of the Building
Department to ensure the converted commercial space is safe for
habitation as a second dwelling unit.
3. I find that the Applicant has not provided sufficient information to review the
application per the criteria above and move to recommend CONTINUANCE
of the rezoning request to the next regularly scheduled meeting.
4. I find that the application does not substantially meet the criteria above and
move to recommend DENIAL of the rezoning request.
ENCLOSURES:
1. Statement of Intent and Application
2. Site Plan
PLAN REVIEW COMMENTS
Date: March 1, 2016
Project Identification: Fall River Lane Rezoning
Location: 475 Fall River Lane
Referral: Fall River Lane Rezoning
The Estes Valley Fire Protection District has reviewed the submitted material describing the
proposed project referenced above, and has no comments or concerns regarding those plans.
However, when future developments and / or changes are made to this area, the Fire District
shall require new plans for review.
All construction and processes shall be in accordance with the provisions of the International
Fire Code (2009 Edition), the International Building Code (2009 Edition) and the Town of Estes
Park Codes and Standards.
Nothing in this review is intended to authorize or approve any aspect of this project that does
not strictly comply with all applicable codes and standards. Any change made to the plans will
require additional review and comments by the Estes Valley Fire Protection District.
If you have any questions please feel free to contact me.
Sincerely,
Marc W. Robinson
Fire Marshal
970-577-3689
mrobinson@estesvalleyfire.org