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Home My WebLink AboutREZONE Staff Report 1551 David Dr 2016-12-20 ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: December 20, 2016, 1:30 PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: This request is to rezone a portion of the future lot known as “Lot 2A, Block 1, Amended Plat of Lots 2 and 3, Block 1, Fall River Estates” from RM (Multi Family) to E-1 (Estate). Staff recommends approval of this Zoning Map Amendment 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 COMMISION 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: 1551 David Drive, within the Town of Estes Park OWNER/APPLICANT: Gary Beels and Jeffrey & Michelle Furmaga / Gary Beels CONSULTANT/ENGINEER: Van Horn Engineering & Surveying STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION & BACKGROUND: The subject property is currently E- 1 Estate and is approximately 0.713-acres in size. The property is part of a two lot Amended Plat application that proposes moving the common property boundary eastward, increasing the subject property acreage by approximately 0.087-acres. The area proposed to be transferred from current Lot 3 to current Lot 2 is zoned RM (Multi Family). The result of the Amended Plat would be a split zoned lot known as Lot 2A, Block 1. The request to rezone the 0.087-acres to E-1 Estate is necessary to achieve a single zone lot (E-1 Estate). The Amended Plat application is a Staff Level approval and has not yet been approved as of the date of writing this staff report. The anticipated approval date 1551 David Drive, Zoning Map Amendment 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, December 20, 2016 Page 2 of 4 1551 David Drive, Zoning Map Amendment falls between Planning Commission and Town Board hearing dates for the rezoning application. Figure 1: Location map showing proposed Lot 2A, Block 1, Amended Plat of Lots 2 and 3, Block 1, Fall River Estates with split zoning (E-1 Estate and RM Multi Family). SITE DATEA TABLE: Surveyor: Van Horn Engineering & Surveying Parcel Numbers: 3515305002 Development Area: Approx. 0.80-acres Existing Land Use: single-family home Proposed Land Use: single-family home Zoning Designation: E-1 Estate, single- family residential district with 1-acre minimum lot size Adjacent Zoning: East: RM Multi Family North: E-1 Estate West: A-1 Accommodations South: RM Multi Family Adjacent Land Uses: East: Vacant North: Single-family residential West: Multiple accommodations buildings South: Vacant Services: Water: Existing TOEP service (no changed proposed) Sewer: Existing Upper Thompson Sanitation District (no change proposed) Estes Valley Planning Commission, December 20, 2016 Page 3 of 4 1551 David Drive, Zoning Map Amendment 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 EVPC, 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 Amended Plat application proposes adjusting the common boundary line between current Lot 2 and 3. The result will leave newly created Lot 2A with a split zone (E-1 Estate and RM Multi Family). Approval of the rezoning request will bring the property into compliance with the EVDC and designate only one zone district for the new legal 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: The requirement for the Development Plan has been waived by Community Development Department staff since no new development is proposed in conjunction with this rezoning request. The configuration of the existing single-family home development has been evaluated by Staff and will conform to the proposed zoning designation of E-1 Estate in regards to setbacks and use. 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 (2015), the International Building Code (2015) and the Town of Estes Park Codes and Standards. REVIEWING AGENCY COMMENTS: This request has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing agency staff. PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. As of December 14, 2016, no formal written comments have been received for this application package. Written comments will be posted to Estes Valley Planning Commission, December 20, 2016 Page 4 of 4 1551 David Drive, Zoning Map Amendment www.estes.org/currentapplications if received after December 14th and summarized in the staff presentation. STAFF FINDINGS: Based on the foregoing, staff finds: 1. The rezoning request for an Official Zoning Map amendment complies with the applicable review criteria set forth in Section 3.3.D “Standards for Review” of the Estes Valley Development Code. RECOMMENDATION: Staff recommends that the Planning Commission recommend APPROVAL of the proposed Rezoning request to Town Board with the following conditions: 1. The Amended Plat of Lot 2 and 3, Block 1, Fall River Estates shall be recorded within sixty (60) days of Staff Level approval date. SAMPLE 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. Lot 2 and 3, Block 1, Fall River Estates, Amended Plat be recorded within sixty (60) days of Staff Level approval date. 3. I find 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 the application does not substantially meet the criteria above and move to recommend DENIAL of the rezoning request. Attachments: 1. Statement of Intent and Application 2. Proposed Amended Plat of Lots 2 and 3, Block 1, Fall River Estates