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HomeMy WebLinkAboutREZONE Good Sam Memo 1901 Ptarmigan Tr 2001-10Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Robert B. Joseph, Director Date: Subject: Good Samaritan Rezoning and Annexation Background. This is a request by the Evangelical Lutheran Good Samaritan Society (Sioux Falls, SD) to rezone a 62-acre parcel FROM “RE-1” Rural Estate District TO “RM” Multi-Family Residential District and “E-1” Estate District to allow for the development of a proposed mixed use subdivision and development plan. The site is located approximately one mile north of US Hwy 34 on the east side of Dry Gulch Road. The site is adjacent to the south line of Hillcrest Estates. HHiillllccrreesstt EEssttaatteess SSttaannlleeyy HHeeiigghhttss TThhee RReesseerrvvee RRaanncchh MMeeaaddooww Community Development Department  Page 2 This rezoning request is in conjunction with annexation, subdivision, and development plan proposals. The applicant proposes to subdivide the property into twelve (12) buildable lots and three (3) outlots, along with appurtenant road rights-of-way and easements. This rezoning includes four separate use areas as described below and on the attached map. Single Family. The proposed Lots 5-12 (16-acres), generally located along the northern property line, are proposed to be rezoned to the “E-1” Estate single-family residential district, which has a minimum lot size of one-acre. The applicant has described building envelopes on the plat which provide 50-foot rear yard setbacks, which is identical to the “RE-1” setbacks and will provide a minimum distance of 100-feet between homes in Hillcrest Estates and homes in the Good Samaritan Subdivision. These lots are proposed to be approximately 2-acres each, which would potentially allow for re-subdivision into one-acre lots as a use by right with the “E-1” district. Due to this potential additional density, Staff recommends deed restrictions preventing additional lot splits be a condition of approval. Senior Assisted Living. Proposed Lot 1 (17.5-acres), located along Dry Gulch Road, is anticipated for development as a senior assisted and congregate living center and duplexes. The proposal includes assisted living (24 units), congregate housing (34 units) facilities, and twenty-three residential duplex structures (46 units), for a total of 104 residential units for the elderly. The Estes Valley Planning Commission conditionally approved (5-2 vote) the development plan on October 16, 2001 (see attached development plan). Church (Religious Assembly). Proposed Lot 2 (3.75-acres), located along Dry Gulch Road, is anticipated for development as a church building. Special review is required for any religious assembly building that contains five thousand (5,000) or more square feet of gross floor area or school or day care facility. Development Plan review is required for any proposal with more than 10 parking spaces or greater than 2,000 square feet of gross floor area. There is a maximum floor area ratio .30 and maximum lot coverage of 50% in the MF district. Staff considers this use to be integral to the assisted living use and has waived the development plan submittal as per 3.3.B.1 of the Estes Valley Development Code. The annexation agreement specifies that if the lot is not developed for use by a church, then the Owner shall be allowed to develop Lot 2 as follows: 1) Two single-family residential lots; or 2) 2) Sixteen elderly duplex units; or 3) 3) Sixteen employee housing duplex units. If the Owner develops the sixteen elderly duplex units or sixteen employee housing duplex units, the Owner shall incorporate those units as a part of the development on Lot 1. The Owner may develop both elderly and employee housing duplex units in any combination so long as the total number of units does not exceed 16 duplex units. Attainable Housing. Lots 3 and 4 of the proposed subdivision are proposed for attainable housing development. The two lots consist of 9.5-acres, which could accommodate a  Page 3 maximum of 114 attainable housing units if rezoned to the “RM” district. The statement of intent on behalf of the Estes Park Housing Authority proposes a maximum of 92 units. A formal development plan submittal, consistent with the statement of intent, has been made (see attachment). The annexation agreement specifies that if the lot is not developed for attainable housing, then the Owner shall have the right to develop lots 3 & 4 as 1) An attainable housing project pursuant to the terms and conditions of the Estes Valley Development Code. This includes the right to transfer Lots 3 & 4 to another entity and/or person for the purpose of developing an attainable housing project. 2) In the event the Housing Authority or another entity or person does not utilize Lots 3 and 4 for attainable housing, the Owner shall be entitled to develop Lots 3 & 4 for a total of four single-family lots to be deed restricted prohibiting further subdivision of said Lots and deed restricted to single-family dwellings; or 3) The Owner may develop a total of 40 elderly duplex units and/or employee housing duplex units as part of the development on Lot 1. Site Characteristics. The site is currently undeveloped, open grassland with a large drainage way located across the southerly portion of the parcel. The site is adjacent to the Town of Estes Park and has adequate utilities. Review Criteria. The EVPC and Board(s) shall review all applications for text or Official Zoning Map amendments for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the Estes Valley Development Code. 1. The amendment is necessary to address changes in conditions in the areas affected; Staff Comment: Within the North End Planning Area, the following developments have been approved within the last few years: The Reserve, Ranch Meadow, North Ridge, and Wildfire Ridge. The majority of the North End Planning Area will not be directly affected by the proposed change. The amendment is necessary to address existing housing and care needs in the community. 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 Staff Comment: Please refer to the “Estes Valley Comprehensive Plan” section below.  Page 4 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 Comment: Twelve-inch (12”) water and sewer mains are located adjacent to Dry Gulch Road, and are adequate to serve the facility. Dry Gulch Road is adequate to provide vehicular access. Adequate police and fire protection can be provided by the Town. The Town will provide maintenance of the new public streets to be constructed with this development. Estes Valley Comprehensive Plan. The Estes Valley Plan divides the overall planning area into seven smaller planning areas, which reflect the natural features within neighborhoods. “The North End” is one such neighborhood. The “north end” is comprised of 841 parcels totaling 6,525 acres. The Good Samaritan subdivision, contains twelve buildable lots on 63-acres. Following is a summary of the North End Planning Area as described in the Estes Valley Plan. North End: Special Considerations and Issues. Extensive development within the open meadow areas found in the North End Planning Area would significantly alter not only the visual integrity of the area, but would impact the image of the entire Estes Park area. The North End is visible form a number of locations within the Estes Valley, and the perceived openness of this area, if lost, will affect the image of the entire Valley. The following key issues are delineated for the North End:  With the recent water and sewer line completion to serve the Eagle Rock School, a large portion of the area is developable. (Staff Comment: The proposal intends to utilize the water and sewer lines, and provide financial reimbursement to Eagle Rock School)  Numerous drainages can be found within the planning area, creating sensitive wildlife habitat. Theses areas should be preserved from development and "setback/no disturb areas" established. (Staff Comment: The proposal complies with wetlands setback standards set forth in the development code)  Abundant wildlife is found within the planning area, and design considerations should be given to maintaining and enhancing habitat, and minimizing disruption to migration routes. (Staff Comment: The proposal complies with wildlife habitat protection standards set forth in the development code, however the nature of this rezoning request and the proposed development will result in significant negative impacts to wildlife as compared to single family development on 10 acre lots.)  Given that the majority of the planning area is in open meadow, it is very important to preserve existing native vegetation, and locate buildings to minimize disruption and intrusion. (Staff Comment: The proposal will comply with the grading, site disturbance, and  Page 5 revegetation requirements of the development code, however food sources will be reduced to the extent that existing grassland is converted to impervious coverage.) North End: Development Guidelines. The guidelines listed below are unique to the North End and are intended to resolve or address the various issues of the North End that were identified throughout the future land use planning process.  Protect critical natural resource areas within the North End which may be adversely affected by future development. (Staff Comment: The proposal complies with wetlands setback and wildlife habitat protection standards set forth in the development code)  Revise the Regulatory System to encourage low density, low impact development in the North End. o Maintain the low-density character of the North End. (Staff Comment: This was accomplished with the implementation of the “RE” Rural Estate 10-acre zoning district; this is a request to change that zoning designation) o Annexations should occur through an annexation agreement between property owners and the Town. (Staff Comment: An annexation agreement accompanies this proposal.) North End: Future Land Use. The North End Future Land Use will generally consist of low-density residential classifications and parks, recreation and open space. (Staff Comment: This proposal is contrary to this objective.) Community Wide Goals. The Comprehensive Plan also identifies relevant community wide goals as follows: 5.0 H OUSING. The success of a community depends upon the continued availability of adequate housing for all income groups. Promoting a balance of housing opportunities will assist residents and businesses within the community.  Encourage a variety of housing types and price ranges.  Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods.  Establish a balanced program of incentives, and public and private actions, to provide affordable housing.  Provide for mixed use developments, which integrate commercial, housing, employment, and service needs.  Identify affordable housing opportunities on an ongoing basis.  Establish a linkage between new developments and the provision of affordable housing. (Staff Comment: This proposal presents a unique opportunity to address and fulfill these goals).  Page 6 7.0 Economics. The area’s economy, lifestyle, and environment are closely interconnected. Therefore, it is critical to explore economic development options in keeping with the scale of the community and which respect the surrounding environment.  Build on strength of retirement community. The Retired Population. A portion of Chapter 3 “Economic Overview” of the Estes Valley Plan discusses how to build on existing strengths, including the retired population. Potential strategies to attract retirees include a center providing healthy living and congregate care facilities. Rezoning Requests. The Comprehensive Plan offers the following guidelines concerning rezoning requests: The maps and text included in the Estes Valley Comprehensive Plan are to serve as a general guideline to the staff, property owners and governmental entities during the implementation of the plan. The maps do not represent the zoning of the Valley, but rather a representation of general land use patterns appropriate for the Valley. Rezoning to uses other than those depicted in the plan may be appropriate if the applicant demonstrates that the proposals are compatible with the plan policies. Referral Comments and Other Issues. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Although the Division of Wildlife has expressed significant concerns as outlined in Mr. Spowart’s letter, a wildlife conservation plan as defined in Section 7.8 of the Estes Valley Development Code is not required. Staff Comments. It is Staff’s opinion this proposal combines a specific set of circumstances that are unlikely to combine again: elderly and attainable housing supply, adjacent to town limits, with adequate utilities and access. This presents an important opportunity that must be given very serious consideration, as there is no assurance that an opportunity of this kind will ever present itself elsewhere at a future date. This proposal of assisted congregate housing, attainable housing, and church would serve the needs of existing valley residents. There have been past attempts at retirement housing facilities within the valley, which have failed for various reasons, and it is unlikely that such a facility can be built without rezoning. Staff regards the proposed church development on Lot 2 as integral to the assisted living campus to be developed on Lot 1. This proposal will serve a compelling community-wide need, which supercedes specific neighborhood wants and desires. This proposal does mitigate neighborhood concerns with the single-family buffer of similar density as the subdivision immediately to the north. Also,  Page 7 the topography of the site will help to reduce the visual impacts of the proposed density given that the large building will be situated at the lower portion of the site. The concerns of the north end residents regarding the need to protect the existing low- density character of the land now zoned RE-1 are entirely valid. For this reason it is extremely important that this rezoning request, if approved, should not be used as a precedent for future re-zonings of RE-1 land to allow higher density market-rate residential development that would not be consistent with the Comprehensive Plan. Budget. Annexation would require the Town to provide street maintenance and snow removal, and police and fire protection. Action. Based on the foregoing, Staff recommends APPROVAL of the proposed Good Samaritan Rezoning; 1) FROM “RE-1” Rural Estate TO “RM” Multi-Family Residential on Lots 1, 2, 3 and 4; and 2) FROM “RE-1” TO “ E-1” for Lots 5 thru 12 CONDITIONAL TO: • Execution of an annexation agreement with the Town of Estes Park. • Approval of the subdivision plat.