HomeMy WebLinkAboutREZONE Lot 1 Witt Subdivision 2011-09-20
Witt Subdivision: Rezone Lot 1 from CO Commercial
Outlying to A-1 Accommodations
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO80517
Phone:970-577-3721 Fax:970-586-0249 www.estes.org
E STES V ALLEY P LANNING C OMMISSION
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MEETING DATE:September 20, 2011
FallRiver
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REQUEST:Rezone Lot 1,Witt Subdivision from CO
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LakeEstes
Beaver
Meadows
Commercial Outlying to A-1 Accommodations
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LOCATION:900 West Elkhorn Avenue
Marys
Lake
YMCA
Conference
Grounds
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Cheley
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OWNER:Bradley and Eunice Witt
Camps
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EVDCBoundary
Lily
Lake
APPLICANT:Robertand CaroleFixter
ENGINEER:None (Original plat by Cornerstone Engineering and Surveying)
STAFF CONTACT:Dave Shirk
SITE DATA:
Parcel Number:3523422001 Development Area:1.86 acres
Existing Land Use: Single-Family Residential Existing Zoning:CO–Outlying Commercial
Proposed Land Use:Small Hotel Proposed Zoning:A-1–Accommodations
Services-
Water:Town Sewer:UTSD
Fire Protection:Estes Park Volunteer
Adjacent Zoning and Land Uses
PROJECT DESCRIPTION/BACKGROUND: This is a request to rezone a parcel from
CO–Outlying Commercial to A-1–Accommodations/Low-Intensity.
If approved, the applicant intends to covert the existing house to a small hotel, with a
change of use permit. Per Larimer County Tax Assessor records, the house was built in
the mid-1990s, is approximately 10,000 square feet in size, and contains eight bedrooms
and 8.5 baths.
Small hotels are a permitted use in the A-1 zoning district and are limited to eight guest
rooms. The change of use will trigger compliance with applicable development code
requirements, such as adequate public facilities, and applicable building code
requirements, such as sprinkling.
REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted to all
applicable reviewing agency staff for consideration and comment.
Upper Thompson Sanitation District has “no objection to the rezoning,” but did note the
rezoning “constitutes a change of use. Floor plans reflecting any changes must be
provided to the District in order to determine additional Plant Investment Fees which may
be due.”
Division of Building Safety commented “the current use of the building . . . is approved
as a single-family dwelling. Conversion to a different use, such as a hotel would be a
change of use.” This will trigger compliance with applicable building codes. Memo
attached.
Water Department had five comments (memo attached), primarily concerning impact of
sprinkling.
Light and Power “has no comments or concerns with this rezoning request.”
Public Works “has no comments or concerns.”
Fire District. The Estes Valley Fire Protection District had “no comment.”
Affected Property Owners. Staff has not received comments from property owners.
REVIEW CRITERIA: Per Section 3.3.D of the EVDC, “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;
Staff Finding: The areas affected have seen changes.
The Witt subdivision was approved by the Town Board in November 2003. At that
time, the other three lots were rezoned from CO Commercial to A-1
Accommodations. Rezoning was at the property owner’s request, as was the
Estes Valley Planning Commission, September 20, 2011 Page 2 of 3
Rezoning, Lot 1 Witt Subdivision – from CO to A-1
retention of the CO zoning for Lot 1. The property to the north was then developed
with a single-family dwelling.
Lot 1 has been zoned for commercial use since being annexed into Town as part of
the Fall River Addition in 1973. Staff find that the 2003 subdivision, which reduced
the size of this lot from 3.5 acres to 1.9 acres (+/-), reduced the commercial potential
of this lot, and removal of the commercial zoning will reduce potential land use
conflicts with nearby residential properties. Also, the current single-family use is a
non-conforming use in the CO zoning district. The single-family house did contain a
B&B a few years ago. This use was discontinued, B&B use was removed as a
permitted use in the CO zoning district, and the B&B use is no longer grandfathered
on this lot.
2. The development plan, which the proposed amendment to this Code would allow, is
compatible and consistent with the policies and intent of the Comprehensive Plan
and with existing growth and development patterns in the Estes Valley.
Staff Finding: Staff waived the development plan due to the relatively small scale of
the project and the fact the structure is in place.
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: Comments from service providers are attached and are outlined below.
The conversion to a Small Hotel is a change of use and requires a permit.
STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, Staff finds this
proposal complies with applicable sections of the Estes Valley Development Code,
including Section 3.3.D “Standards for Review.”
Staff recommends APPROVAL of the proposed rezoning of Lot 1 Witt Subdivision from
CO Commercial Outlying to A-1 Accommodations CONDITIONAL TO:
1. Prior to issuance of a business license, a Change of Use permit shall be obtained
from the Division of Building Safety. This may require additional site work to address
EVDC parking requirements and requires compliance with comments described in
memos from:
a. Chief Building Official, dated 2011.09.05.
b. Utilities and Public Works, dated August 5, 2011.
c. Upper Thompson Sanitation District, dated August 3, 2011.
SUGGESTED MOTION: I move to recommend APPROVAL (or disapproval or
continuance) of the proposed rezoning of Lot 1, Witt Subdivision from CO Commercial
Outlying to A-1 Accommodations with the findings and conditions recommended by staff.
This is a Planning Commission recommendation the Town Board of the Town of Estes
Park.
Estes Valley Planning Commission, September 20, 2011 Page 3 of 3
Rezoning, Lot 1 Witt Subdivision – from CO to A-1