The URL can be used to link to this page

Home My WebLink AboutREZONE 507 Grand Estates Drive 2017-01-17 ESTES VALLEY PLANNING COMMISSION MEETING DATE: January 17, 2017 REQUEST: This request is to rezone the parcel known as “Lot 35, Grand Estates Subdivision” from CO (Commercial Outlying) to R-M (Residential Multi- Family). 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: 507 Grand Estates Drive. PROPERTY OWNERS/APPLICANTS: Equinox Community Investment, LLC: Steve Lane, Manager STAFF RECOMMENDATION: Staff reviewed the application for compliance with the Estes Valley Development Code (EVDC) Section 3.3.D “Standards for Review” and finds that the application complies with applicable regulations and advances goals, policies and objectives adopted in the Estes Valley Comprehensive Plan. Therefore, staff recommends approval of the application. PROJECT DESCRIPTION AND BACKGROUND: The applicant is proposing a rezone of a 0.95-acre site located at 507 Grand Estates Drive from CO (Commercial Outlying) to R-M (Residential Multi-Family) in order to allow workforce housing to be developed at this location. Access is provided to the site directly from Grand Estates Drive right-of-way to the west, just south of Big Thompson Avenue, and contains a concrete curb cut and drive 507 Grand Estates Drive, Zoning Map Amendment Request 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, January 17, 2017 Page 2 of 5 507 Grand Estates Drive, Zoning Map Amendment pan at the southwest corner of the property. The subject property is platted as Lot 35 of the Grand Estates Subdivision and is currently vacant. The applicant plans to design multiple four-unit buildings intended to be for rent, likely to be located on the north side of the property with parking located to the south. A sidewalk exists on the west side of the property, adjacent to Grand Estates Drive. SITE DATA MAP & TABLE : The project site is accessed directly from Grand Estates Drive right-of-way along the western boundary of the site and lies approximately 320 feet south of the Big Thompson Avenue and Grand Estates Drive intersection. The site borders similar multi-family uses to the south and west, and commercial uses to the north and east. The property is currently zoned CO (Commercial Outlying), a commercial zone district. Figure 1 depicts the vicinity of the project and surrounding land uses. Figure 1 Estes Valley Planning Commission, January 17, 2017 Page 3 of 5 507 Grand Estates Drive, Zoning Map Amendment SITE DATA TABLE: Parcel Number: 25194-05-035 Development Area: 0.95 acres Existing Land Use: Vacant Proposed Land Use: Multi-Family Residential Current Zoning Designation: CO Commercial Outlying Proposed Zoning Designation: R-M Residential Multi-Family Adjacent Zoning: East: CO Commercial Outlying North: CO Commercial Outlying West: RM Residential Multi-Family South: RM Residential Multi-Family Adjacent Land Uses: East: Commercial (Retail) North: Commercial (Restaurant) West: Multi-Family (Lake Meadow Condos) South: Multi-Family (Daybreak Condos) Services: Electric: Town of Estes Park Water: Town of Estes Park Sewer: Upper Thompson Sanitation District Gas: Xcel Energy 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 proposed zone map amendment is necessary to address changes in conditions in the area as there is a well-recognized need for more diverse housing options in the Estes Valley. The subject property is an underutilized commercial property that could serve the identified need for low-cost housing and would increase housing options to Estes Park residents. The site is not directly accessible from Big Thompson Avenue which has created a hindrance for developing the property as a viable commercial site; however, the near adjacency to the major roadway would serve as an asset for multi-family development. 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. Estes Valley Planning Commission, January 17, 2017 Page 4 of 5 507 Grand Estates Drive, Zoning Map Amendment Staff Finding: The applicant has requested that the development plan requirement be waived for this rezoning per Section 3.3.B.1 of the Estes Valley Development Code: “All applications seeking to amend this Code to allow a change from one (1) zone district to a different zone district or seeking to amend this Code by changing the permitted uses in any zone district shall be accompanied by a development plan. This requirement may be waived by Staff if it finds that the projected size, complexity, anticipated impacts or other factors associated with the proposed development or subdivision clearly justify such waiver.” Staff has waived the requirement for a development plan because of the small size and limited complexity associated with potential multi-family development. Being 0.95 acres in size, the EVDC allows a maximum of 8 dwelling units on the site (or up to 16 units if classified as “attainable” pursuant to Section 11.4 of the EVDC), which is a moderately low intensity of use and comparable to adjacent multi-family development. Staff finds the proposed RM zoning to be compatible with surrounding uses. The configuration of the existing property has been evaluated by Staff and will conform to the proposed zone district regulations of R-M (Residential Multi- Family) in terms of minimum lot standards (i.e., area and width). The Rezoning Site Plan provided by the applicant (see Exhibit B) also illustrates compliance with RM zoning density and dimensional standards as set forth in Section 4.3 of the EVDC. The development-plan waiver applies only to the rezoning; a development plan would still be required at the time site layout is determined. The Estes Park Housing Authority conducted a needs assessment in 2016 that quantifies the community’s need for residential units to accommodate current and projected demand for safe, attainable housing by residents and the workforce. The Estes Park Housing Needs Assessment identifies a need for between 890 and 1,040 rental housing units in the Valley by 2020 – only three years from now. The rezoning would help implement the recommendations as outlined in the Needs Assessment by initiating work on the development of additional rental units that are scattered throughout neighborhoods in the community and creating diversity in the rental inventory in unit type, location and income targeting. The proposed rezoning is consistent with Community Wide Policies noted in the Comprehensive Plan, (Chapter 6, Section 5.0 Housing) by providing housing infill within the existing urban area for permanent residents, encouraging a variety of housing types and price ranges, as well as encouraging housing for permanent residents of all sectors of the community that are integrated into and dispersed throughout existing neighborhoods. 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. Estes Valley Planning Commission, January 17, 2017 Page 5 of 5 507 Grand Estates Drive, Zoning Map Amendment Staff Finding: The property is currently vacant, but services are provided to the site by the Town of Estes Park (electric and water), Upper Thompson Sanitation District (sewer), Xcel Energy (gas) and the Estes Valley Fire Protection District. The Estes Valley Fire Protection District has reviewed the submitted materials and has no comments or concerns at this time. Additionally, the Upper Thompson Sanitation District (UTSD) has no objection to the proposed rezoning but did provide comments pertaining to an easement and limitations to installation of future landscaping. All comments were acknowledged by the applicant and the easement is now indicated on the Rezoning Site Plan attached (see Exhibit B). 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 Commissions’ 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 conditions as determined by the EVPC. 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: Exhibit A. Statement of Intent and Application Exhibit B. Rezoning Site Plan Exhibit C. Estes Valley Fire Protection District Review Comments dated December 5, 2016 Exhibit D. Upper Thompson Sanitation District Review Comments dated December 5, 2016 PLAN REVIEW COMMENTS Date: December 5, 2016 Project Identification: 507 Grand Estates Drive Location: 507 Grand Estates Drive Referral: 507 Grand Estates Drive – 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 (change in use and / or occupancy type), 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 (2015 Edition) and the International Building Code (2015 Edition). 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 EXHIBIT C Environmental Protection Through Wastewater Collection and Treatment P.O. Box 568 • Estes Park, CO 80517 Ph: 970-586-4544 • Fax: 970-586-1049 www.utsd.org December 5, 2016 Audem Gonzales, Planner I Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: 507 Grand Estates Drive, Rezoning Dear Audem: The Upper Thompson Sanitation District submits the following comments for the above referenced property: 1. Upper Thompson Sanitation District has an existing easement on the south side of the property. 2. The District will not allow the placement of any landscaping (especially trees) and the impounding of water on the easement. Fencing or any other structures on the easement must be designed in a way to allow access of District vehicles for maintenance of the collection line. 3. The District has no objection to the proposed rezoning. If you have any questions or need further assistance, please do not hesitate to contact me. Respectfully, Todd Krula Lines Superintendent EXHIBIT D 507 Grand Estates Drive Rezoning Request Statement of Intent November 23, 2016 Revised January 2, 2017 Project Description This is a request for a zoning map amendment, to re‐zone the subject property from C‐O Commercial Outlying to R‐M Residential Multi‐family per Section 3.3 of the EVDC. The site is bordered by a commercial property to the north (restaurant), a commercially zoned property to the east (mixed commercial), multi‐family to the south, and across Grand Estates Drive, multi‐family to the west. In essence this is not a viable commercial property, and given the dire need for workforce housing in the Estes Valley, the applicant believes that the highest and best use for this property would be multi‐family. It is already bordered on two sides by RM, would not adversely impact any existing single‐family developments, is close to a main arterial (Hwy 34) and the existing bike path leading to the Town core. The applicant has owned the property for over eight years and has considered numerous attempts to develop the property commercially, none of which have been able to materialize. For a commercial property, it is significantly handicapped by not having direct access to highway 34, while this near adjacency is an asset for an RM property. Due in large part to the significant cost burden of creating a development plan ahead of any approval for the underlying zoning; the applicant requests that the Community Development Director waive the requirement for a development plan, per EVDC 3.3.B.1., and therefore the requirement for a sketch plan review as well. If the zoning request is granted, a detailed development plan in compliance with the EVDC would still be required for any proposed project. At this time, the mostly likely path would be to design multiple four‐unit buildings intended to be for rent. It is not known if they would be townhome style or stacked flats. If the attainable housing/workforce housing bonus is adopted as proposed, there is a strong possibility that additional units would be considered. Site Access and Parking Access is from Grand Estates Drive, off Big Thompson Avenue (Hwy 34). A concrete curbcut and drive pan is existing at the southwest corner of the property. The likely location for building development would be to the north side of the property, with parking located to the south. More than adequate space exists for parking based on the current EVDC allowed density and parking requirements associated with multi‐family housing. Pedestrian Access A sidewalk on the west side of the property, adjacent to Grand Estates Drive, is existing. EXHIBIT A Utility Service and Drainage Utility service is provided to the project site. Electrical service is provided by the Town of Estes Park Light and Power, located in the northeast corner; natural gas is provided by Excel Energy; water ‐ including a fire hydrant ‐ is from Grand Estates Dr, and sewer service (UTSD) is located along the south property line. Storm water would need to be specifically designed for a particular development, but the property generally sheet flows currently to the southeast, with a shallow drainage channel along the south property line. Additional Standards for Review (3.3.D) The EVDC lists three additional standards for review that apply to re‐zoning requests. This project addresses these standards as follows: 1. The amendment is necessary to address changes in conditions in the areas affected: As noted above, there is a crisis of affordable housing in the Estes Valley. In large part this is due to a lack of property zoned multi‐family. This is an underutilized commercial property that could quickly serve an identified need in the valley, were it to be rezoned. 2. Compatibility with the Comprehensive plan, and growth and development patterns: The Comprehensive plan envisioned greater development in the town centers and along highway corridors, moving to lesser densities as one moves out towards the edges of the town. It also supports housing close to such arterials and pedestrian paths. This property represents a transition zone from the highway commercial to the single family residential further south, and as such is a near ideal location for RM zoning. According to the Comp Plan (Chapter 4, Land Use), only 2% of the acreage in the Estes Valley is currently zoned RM. The Estes Park Housing Needs Assessment identifies a need for between 890 and 1,040 rental housing units in the valley by 2020 – only three years from now. The proposed rezoning complies with Community Wide Policies noted in the Comprehensive Plan, (Chapter 6, Section 5.0 Housing) by providing housing infill within the existing urban area for permanent residents, integrated into existing neighborhoods, allows for redevelopment of a substandard area, and could provide much needed affordable housing. 3. Adequate public facilities: a rezoning would create no burden on the Town to provide utilities; all necessary supporting infrastructure is on‐property. UTSD memo is acknowledged; easement is now indicated along the south property line. EXHIBIT A 1.V7 /", 13 ? ESTES VALLEY DEVELOPMENT REVIEW APPLICATIO Submittal Date: I Development Plan Boundary Line Adjustment Condominium r Special Review I ROW or Easement Vacation Preliminary Map Rezoning Petition Street Name Change Final Map E Preliminary Subdivision Plat Time Extension Supplemental Map E Final Subdivision Plat E Other: Please specify r Minor Subdivision Plat Amended Plat General Information Project Name Project Description Project Address Legal Description Parcel ID # Lot 35, Grand Estates Subdivision Rezoning request from C-O to R-M 507 Grand Estates Drive Lot 35, Grand Estates Subdivision 25194-05-035 Site Information Lot Size 41,297sf (0.95 acres) Area of Disturbance in Acres N/A Existing Land Use vacant Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service • Xcel • Town n Town Well Well None None EPSD EPSD Yes Other Other (specify) Other (specify) n UTSD • UTSD • No None Septic None Septic vacant - multi-family Existing Zoning C-O Commercial Outlying Site Access (if not on public street) Are there wetlands on the site? Yes roposed Zoning R-M Residential Multi-family ▪ No Site staking must be completed at the time application is submitted. Complete? N/A Yes Primary Contact Information Name of Primary Contact Person Steve Lane, Manager, Equinox Community Investment, LLC 1692 Big Thompson Ave, Estes Park, CO 80517 Complete Mailing Address Primary Contact Person is Attachments • Application fee If Statement of intent ▪ 3 copies (folded) of plat or plan • 11" X 17" reduced copy of plat or plan • Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org • Owner Applicant Consultant/Engineer Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 -6 www.estes.org/CommunityDevelopment Revised 2013.08.27 KT EXHIBIT A Contact Information Record Owner(s) Equinox Community Investment, LLC: Steve Lane, Manager Mailing Address 1692 Big Thompson Ave, Estes Park, CO 80517 Phone Cell Phone 970.203.5534 Fax Email steve@bas1s.com Applicant same as above Mailing Address Phone Cell Phone Fax Email ConsultantlEngineer Mailing Address Phone Cell Phone Fax Email APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: www.estes.orq/ComDev/Schedules&Fees/PlanninoApplicationFeeSchedule.pdf All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Equinox Community Investment, LLC: Steve Lane, Manager Applicant PLEASE PRINT: same aff-pbove Signatures: Record Owner Applicant Date 11/23/2016 Date N/A Revised 2013.08.27 KT EXHIBIT A APPLICANT CERTIFICATION ► I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ► In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). ► I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: http://wwvv.estes.orq/ComDev/DevCode ► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. ► I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. ► The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ► I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. ► I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT. Equinox Community Investment, LLC: Steve Lane, Manager Applicant PLEASE PRINT. same as above Signatures: Record Owner Applicant Date 11/23/2016 Date Revised 2013.08.27 KT EXHIBIT A Gr a n d E s t a t e s R e z o n i n g - 5 0 7 . x l s Pa g e 1 Ow n e r Ow n e r I I Ad d r e s s Ci t y ST Zi p AL L E N J A M E S D / J U L I E A 51 4 G R A N D E S T A T E S D R U N I T A 4 ES T E S P A R K CO 80 5 1 7 BL L L L C T H E 27 5 8 C A R R I A G E D R ES T E S P A R K CO 80 5 1 7 CA M P B E L L M A R K R / M A R Y A PO B O X 9 3 3 FR A N K T O W N CO 80 1 1 6 CO N N P A U L A G A I L 51 4 G R A N D E S T A T E S D R U N I T H 1 ES T E S P A R K CO 80 5 1 7 EQ U I N O X C O M M U N I T Y I N V E S T M E N T S L L C 16 9 2 B I G T H O M P S O N A V E S T E 1 0 0 ES T E S P A R K CO 80 5 1 7 HO L D E N S T E P H E N I C 51 4 G R A N D E S T A T E S D R A 3 ES T E S P A R K CO 80 5 1 7 HU L B E R T D I A N N A R & C U N N I N G H A M R O B E R T F PO B O X 9 3 5 DI L L O N CO 80 4 3 5 JE K E R L E R O Y & R O Y - J E K E R P A U L A 9 B E R W Y N D R LA K E R O N K O N K O M A NY 11 7 7 9 MC K E E N J A N E T 51 4 G R A N D E S T A T E S D R U N I T I 1 ES T E S P A R K CO 80 5 1 7 ME I N K I N G R O B E R T J / E L L E N M 51 4 G R A N D E S T A T E S D R U N I T A - 1 ES T E S P A R K CO 80 5 1 7 MI D D L E D O R F G R E T C H E N 51 4 G R A N D E S T A T E S D R U N I T H 2 ES T E S P A R K CO 80 5 1 7 MU R P H Y S R E S O R T A T E S T E S P A R K L L C 10 0 4 7 A L L I S O N C T BR O O M F I E L D CO 80 0 2 1 PA R T R I D G E C H A R L E S T / S A L L I E L 50 9 G R A N D E S T A T E S D R U N I T B 4 ES T E S P A R K CO 80 5 1 7 PE T T Y J O H N L A R R Y W / S H A R O N C PO B O X 1 8 5 0 ES T E S P A R K CO 80 5 1 7 RU S S E L L R O D N E Y A & J U D Y K 51 0 G R A N D E S T A T E S D R U N I T K ES T E S P A R K CO 80 5 1 7 SE B E L I K F A M I L Y T R U S T 50 9 G R A N D E S T A T E S D R U N I T B 3 ES T E S P A R K CO 80 5 1 7 SK E I E R A N D O L P H A & V E R J E A N A 50 9 G R A N D E S T A T E S D R U N I T 1 ES T E S P A R K CO 80 5 1 7 SP R E N G E L V I N D & C O N S T A N C E L T R U S T 53 4 G R A N D E S T A T E S D R ES T E S P A R K CO 80 5 1 7 ST R A N D E L L J U L I E G & R U T L E D G E J A N E A 51 4 G R A N D E S T A T E S D R U N I T H 3 ES T E S P A R K CO 80 5 1 7 SW I M W I L L I A M A & V I R G I N I A F 64 1 3 W H I L L S R D FO R T W A Y N E IN 46 8 0 4 01.03.2017 REVISION 1: STAFF COMMENTS EXHIBIT B