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Home My WebLink AboutREZONE Staff Report 1230 Big Thompson 2020-05-19 COMMUNITY DEVELOPMENT Memo To: Estes Park Planning Commission Through: Community Development Director Randy Hunt From: Alex Bergeron, Planner II Date: May 19, 2020 RE: Request to Rezone 1230 Big Thompson Avenue from A (Accommodations) zone district to CO (Commercial Outlying) zone district (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to review for compliance with the Estes Park Development Code (EPDC) and Estes Valley Comprehensive Plan a Private-Party-Initiated Code Amendment (Rezoning) from the A (Accommodations) zone district to the CO (Commercial Outlying) zone district, and provide a recommendation to the Town Board of Trustees on that request. Location: The subject property, addressed 1230 Big Thompson Avenue, is located on the south side of Big Thompson Avenue (US 34) about 280 feet east of the Grand Estates Drive and Elk Trail Court intersection. The 1.41-acre property is legally described as LOT 1, SCHROEDER SUB, ESTES PK. The attached Vicinity Map illustrates the zoning of the subject property and that of nearby properties. Present Situation: AdEstes Properties, LLC is the Owner of the subject property. The Owner purchased the property in 2016 while it was being primarily used as a health club, a use which has persisted since 1996 when the property was zoned CO (Commercial Outlying) through today, albeit a lesser use of the site at this time. In 2019, Government Offices (in the form of Visit Estes Park) opened on this site to supplement the several Personal Services uses on the site and a diminished health club; a loss caused by the 2018 opening of the Estes Valley Recreation Center, which essentially outcompeted the business with lower, taxpayer subsidized pricing. The property has been burdened by its 2000, Town-initiated rezoning to A (Accommodations) from CO (Commercial Outlying). Upon that rezoning, the property fell into legal nonconforming status due to the fact that a identified in the definition of an Indoor Commercial Recreation Establishment in §13.2.C.12.A of the EPDC; a use not permitted in the A (Accommodations) zone district), though, curiously, Private-membership Recreational Facilities or Clubs are a permitted use. In looking for ways to improve the use of the property within the limits of its legal non-conforming status more recently in light of financial hardship, the Owner has been stymied by other technical use restrictions of the A (Accommodations) zone district in the sense that they cannot expand the current, majority office use of the property in a free-market capacity, as private offices are not permitted, but Government Offices are, despite the uses being functionally the same, one could argue. Proposal: Return the subject property to CO (Commercial Outlying) zoning, a designation for which the site has been designed and has functioned as for at least six decades, to relieve the site of the burdens caused by Code technicalities and allow current and future property ownership to expand the existing functional uses of the site within the permissions of the law, including privately-operated office space. Review Criteria: All applications for Private-Party-Initiated Code Amendments (Rezonings) shall be reviewed by the Estes Park Planning Commission and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the EPDC. shall demonstrate compliance with the applicable standards and criteria as follows: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Finding: Affirmative. Staff finds that the opening of the Estes Valley Community Center, while duly approved by appropriate decision-makers (including the voting public in connection with the 1A Sales Tax), has very likely directly contributed to the declining economic vitality of this site. Returning the zoning to CO (Commercial Outlying), for which the site is and has always been operated in a modern context, promotes expanded productivity of the site without substantially altering its function. 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 the existing growth and development patterns in the Estes Valley. Staff Finding: Not applicable. The development plan for this application has been waived as there are no substantial changes in use or intensity of use to the site being proposed with this application. Staff has routinely waived this requirement in recent years, per authority of EPDC §3.3.B.1. 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: Affirmative. Staff finds that service providers have the ability to provide adequate services and facilities to this location, as comments received from affected agencies indicate no concern with the proposal. Reviewing Agency Comments: This application has been submitted to reviewing agency staff for consideration and comment. All comments received were supportive of the rezoning request. Public Notice: Written notice has been mailed to properties in accordance with EVDC §3.15 General Notice Provisions. A legal notice was published in Estes Park Trail-Gazette and the Advantages: Rezoning the subject property from A (Accommodations) to CO (Commercial Outlying) allows additional flexibility on the site, which is functionally designed for use typical of the CO (Commercial Outlying) zone district today as it has been for at least the past six decades. Disadvantages: Rezoning one parcel in an otherwise contiguous zone district to benefit property owners could in theory be viewed by some as being inconsistent with the intent of the Estes Park Comprehensive Plan. Finance/Resource Impact: N/A. Level of Public Interest: Low: The Community Development Department received one written public comment regarding project notification process and one written public comment expressing support for the request. Staff also received half a dozen phone calls which were inquisitive in nature, with no opposition expressed in any and a favorable sentiment expressed in one. Sample Motions: I move the Estes Park Planning Commission RECOMMEND APPROVAL of the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying), in accordance with the findings as presented. I move the Estes Park Planning Commission recommend denial of the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying), finding that \[state findings for denial\]. I move that the Estes Park Planning Commission continue the request by AdEstes, LLC to rezone their property addressed 1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying) to the next regularly scheduled meeting \[state reasons for continuing\]. Attachments: 1. Vicinity Map 2.Applicationform 3. Letter of Intent 4. Referral list and affected agency comments 5. Waiver information 6. Neighborhood Meeting information and public comments 7. Electronic Public Hearing Request Indemnification and Waiver 8. Full Application: www.estes.org/currentapplications Attachment2: Applicationform Attachment3:LetterofIntent Attachment4: Referrallist andaffected agency comments Attachment5:Waiverinformation WAIVERGRANTEDBY COMMUNITY DEVELOPMENT DIRECTORRANDY HUNTPERAUTHORITY OFEPDC§3.3.B.1 FEEWAIVERUNANIMOUSLY GRANTEDBYTHETOWNBOARD OFTRUSTEESATTHEIR REGULARLYSCHEDULED MARCH24,2020MEETING Attachment6:Neighborhood MeetingInfoandPublicComments Spdlz!Npvoubjo!Ifbmui!Dmvc!Nbjm!.!Sf{pojoh!gps!2341!Cjh!Uipn///iuuqt;00nbjm/hpphmf/dpn0nbjm0v03@jl>d:6:7:f929'wjfx>qu'tfbsd/// Ebwje!MbTbmmf!=embtbmmfAsnidmvc/dpn? Sf{pojoh!gps!2341!Cjh!Uipnqtpo!Bwf 3!nfttbhft hqfdlhpmgAdpndbtu/ofu!=hqfdlhpmgAdpndbtu/ofu?Npo-!Gfc!21-!3131!bu!22;32!BN Up;!jogpAsnidmvc/dpn Efbs!Dpnnjuuff- J!bn!uif!pxofs!pg!uif!Cmvf!Epps!Joo-!ejsfdumz!xftu!pg!uif!qspqfsuz!bu!2341!Cjh!Uipnqtpo/!!J!bn!xsjujoh!up!tvqqpsu Ebwf!MbTbmmfÉt!fggpsu!up!nblf!b!dibohf!up!uif!DP!{pojoh/! 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Spdlz!Npvoubjo!Ifbmui!Dmvc 2!pg!33022031-!6;51!QN Attachment7: ElectronicMeeting Request Indemnificationand Waiver