HomeMy WebLinkAboutREZONE Marys Lake Estates 2017-11-20
Mary’s Lake Estates –Rezoning
Estes Park Community Development Department, Planning Division
Room 210, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
LARIMER COUNTY BOARD OF COUNTY
COMMISSIONERS
MEETING DATE: November 20, 2017
REQUEST: This request is to rezone the
entire Mary’s Lake Estates subdivision
from RE-Rural Estate to A-1
Accommodations
Staff recommends approval of the Zoning
Map Amendment
LOCATION: Lots 1-4, Mary’s Lake
Estates, within the unincorporated Estes
Valley
APPLICANT/OWNER: Lot 1: Goetz Family Trust, Siegfried and Anne Goetz, Lot 2:
Frank Family Trust, Rudy and Hilde Frank, Lot 3: Roy and Michelle Johnson, and Lot 4:
Flandango Properties, LLC, Rich and Sherry Flanery
STAFF CONTACT: Audem Gonzales, Planner II
______________________________________________________________________
DISCUSSION:
Present Situation: The subdivision is located within the unincorporated Estes Valley off
of Mary’s Lake Road and is currently developed with a single-family home and two bed
& breakfast buildings. One lot is undeveloped. There are four lots within this subdivision
and all lots are zoned RE-Rural Estate.
Proposal: The proposal entails re-zoning the entire subdivision to A-1
Accommodations. Bed & breakfast uses are not currently permitted in the RE-Rural
Estate zone district. The two bed & breakfasts in the subdivision were originally built
when the zoning was A-Accommodations and were permitted by right. A-1 would allow
bed and breakfasts as well as single-family homes.
REVIEW CRITERIA:
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 3.3D
“Standards for Review” of the EVDC, all applications for re-zoning 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: Bed & breakfast uses are not currently permitted in the RE-Rural
Estate zone district. The two B&Bs here were originally built when the zoning
was A-Accommodations and were permitted by right. The 2000 valley-wide re-
zoning made these uses non-conforming. They may continue in operation as
long as the uses do not cease to operate for a period over one year.
The applicants have stated they were not aware of a re-zoning of the area in
2000 to RE-Rural Estate. The initial Mary’s Lake Estates plat from 1996 provides
notes stating the zone district was A-Accommodations and was intended for a
mix of single-family homes and bed & breakfast uses.
Staff has found that the 2000 valley-wide re-zoning created numerous conflicts
with existing land uses and newly established zone districts. This application is a
classic example of these conflicts. Re-zoning this subdivision back to an
accommodations district would reflect how the area was built and is currently
used.
A-1 allows for bed & breakfast uses as well as single-family uses. The applicants
chose not to request the A-Accommodations zone district in the current
application because they felt it was too intense of a use for their subdivision.
Properties to the north, east, and southeast are zoned A-Accommodations and
allow for a more intense land use.
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 has waived the development plan requirement 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 fact that
the subdivision is mostly built out. Also, this subdivision was originally platted
under the A-Accommodation zone district regulations. The plat notes stated there
was a mix of anticipated land uses, which is aligned with how the area actually
built out. There are no anticipated future impacts from additional development.
The A-1 zone district is more restrictive than the A-Accommodations zone
district.
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.
Mary’s Lake Estates Rezoning, November 20, 2017 Page 2 of 3
Staff Finding: Adequate services are located within the subdivision to continue
to provide service to the existing land uses. Reviewing agency staff has provided
no concerns for inadequate service in the future.
REVIEW PROCESS:
Zoning Map Amendments are reviewed by the Estes Valley Planning Commission.
EVPC is a recommending body. The Board of County Commissioners is the decision
making body for this type of application. On October 17, 2017 the Estes Valley Planning
Commission unanimously voted to recommend denial of the Zoning Map Amendment.
Below are the findings the Planning Commission made:
1. The applicants were aware of the rezoning in 2000 to RE-Rural Estate.
2. There is no justification to rezone the subdivision to A-1 Accommodations to
address non-conforming B&Bs when there is a proposed amendment on the
same hearing agenda specifically dealing with B&Bs.
Staff does not agree that these findings are sufficient. They have nothing to do with the
review criteria above. The second finding dealing with future Code amendments is not
an appropriate finding as it assumes future Code Text Amendments would alleviate any
current problem with the existing uses. The fact of the matter is that the rezoning in 2000
created non-conforming uses. This rezone would take this development back to when it
was originally created and would allow the bed and breakfast uses by right.
PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley
Development Code, legal notices were published in the Estes Park Trail-Gazette on
th
September 29, 2017. Typical mailings include a 100-foot radius.
As of November 6, 2017, No written comments have been received for this application
package. Written comments will be posted to www.estes.org/currentapplications if
received after November 6, 2017.
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed Zoning
Map Amendment.
SUGGESTED MOTION:
I move to APPROVE the Mary’s Lake Estates Zoning Map Amendment from RE-Rural
Estate to A-1 Accommodations.
ATTACHMENTS:
1. Vicinity Map
2. Mary’s Lake Estates Subdivision
3. Legal Publication
4. Planning Commission Staff Report and Rezoning application can be found at:
www.estes.org/currentapplications
Mary’s Lake Estates Rezoning, November 20, 2017 Page 3 of 3
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