HomeMy WebLinkAboutREZONE 1593 Dry Gulch Rd 2019-04-16
COMMUNITY DEVELOPMENT
Staff Report
To:Estes Valley Planning Commission
From:Brittany Hathaway –Planner II
Date:April 16, 2019
RE:Rezoning of Tract 2 of the Amended Plat of Lot 3 of Fox Ridge Estates
from (RE-1) Rural Estate to (RE)Rural Estate
Planning Commission Objectives:
1.Review for compliance with the Estes Valley Development Code (EVDC) and Estes
Valley Comprehensive Plan; and
2.Provide arecommendation to the Board of County Commissioners on a request to
rezone property currently zoned RE-1, Rural Estate, to RE, Rural Estate.
Location:
Subject property is located north of US 34 and south of Ridge Road, addressed 1593
Dry Gulch Road in unincorporated Larimer County. The property is 10 acres in size and
is located within a portion of the south half of Section 17, Township 5 North, Range 72,
th
West of the 6P.M.
Owner/Applicant:
The Sanctuary LLC -Owner
Mark Theiss–Applicant
Project Description:
Present Situation: This 10 acre parcel is currently developed with onesingle family
home.
Proposal: The proposal entails rezoning the subject property from (RE-1)Rural Estate
with a 10 acre minimum lot size to (RE)Rural Estate with a 2.5acre minimum lot size.
The owner intends to subdivide the propertyinto approximately 4 lots, each containing
2.5 acres. See Attachment #4-“Sketch Plan”for the proposed layout.
The current single family home is proposed tobe located on its own 2.5 acre lot and
wouldconform to base density and dimensional standards of the RE zoning district.The
proposed number of lots and layout are subject to change upon agency and staff review
of the subsequent subdivision application.
Surrounding Area:
As depicted in Attachment #1-“Vicinity Map”,despite surrounding zoning being RE-1,
the general character of the immediately adjacent properties to the north and southwest
conform to the proposed RE zoningdistrict standards, with the exception of one un-
platted 11.62 acre lot directly south and Lot 3A of the Amended Plat of Fox Ridge
Estates, a 10.42 acre lot to the west.
Within 1,000 feet of the subject property 27 out of 38 (71%) RE-1 zoned parcels range
from 2.5 acres to 3.74 acresdespite the RE-1 zoning district requiring lot sizes of no
less than 10 acres. Staff does not have history on the decision to zone this area with a
10-acre minimum considering the existing subdivision lot sizes at the time of adoption.
It is typically not best planning practice to rezone lots to non-conforming sizes on
purpose, unless the intent is to require re-subdivision or lot consolidation.
This proposal conformsto the surrounding density patterns and general neighborhood
character.
Site Data Table:
Engineer:David Bangs -Trail Ridge ConsultingEngineers
Parcel Number:251730013Development Area:10 acres
Existing Land Use:Proposed Land Use:
Single Family ResidentialSingle Family Residential
Zoning Designation: Proposed Zoning Designation:
RE-1 Rural EstateRE Rural Estate
Adjacent Zoning:
East: RE-1 Rural EstateNorth: RE-1 Rural Estate
West:RE-1 Rural EstateSouth: RE-1 Rural Estate
Adjacent Land Uses:
East: Single-Family Residential North: Single-Family Residential
West: Single-Family ResidentialSouth: Single-Family Residentialand
undeveloped land
Services:
Water: Town of Estes ParkSewer: Upper Thompson Sanitation District
Review Criteria:
All applications for Official Zoning Map Amendments shall be reviewed by the Estes
Valley Planning Commission and Board(s) for compliance with the relevant standards
and criteria set forth below and with other applicable provisions of the Estes Valley
Development Code.
Page 2of 5
Planning Commission, April 16, 2019
1593 Dry Gulch Road –Rezone
In accordance with Section 3.3.D.“Standards for Review”, all applications for rezoning
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:There are no recent changes in conditionsin the affected area.
However, there is a recognition by the Town and County that having opportunities,
including but not limited to, workforce and attainable housing, are limited in Estes
Valley and the region.
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:Staff has waived the development plan requirement as it is not
necessary to determine whether a rezoning is consistent with the Comprehensive
Planand a development plan is not required for single-family residential
development. Asketch plan has beenprovided showing the proposed lot layouts.
This proposal adheres to Chapter 6 of the Comprehensive Plan. Section 5.0
Housing “Community Wide Land Use Policies” includesthe following:
5.1 Encourage a variety ofhousing types and price ranges; and
5.2 Encourage housing for permanent residents of all sectors of the community that
is integrated into and dispersed throughout existing neighborhoods.
The proposed rezoning would allow for the creation of additional lots and potential
single-family housing in an area where similar lot sizes and development exist.
Chapter 6 also recognizes the North End Planning Area as primarily single-family
residential with lot sizes ranging from less than 1 acre to over 40 acres. It statesthat
despite a large area being zoned for residential development with a minimum lot size
of 10 acres, much of the area has been previously subdivided into smaller lots with
many enclaves less than 1 acre in the northern portion. The plan calls for the
maintenanceof the low density character.As much of the surrounding land uses are
similar to that proposed, this recommendation is met.
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:Staff finds that service providers have the ability to provide adequate
services and facilitiesto this location. The applicant will be required to meet agency
requirements at time of subdivision and development.
Page 3of 5
Planning Commission, April 16, 2019
1593 Dry Gulch Road –Rezone
Reviewing Agency Comments:
This application has been submitted to reviewing agency staff for consideration and
comment. All comments have been addressed.
Public Notice:
Written notice has been mailed to properties in accordance with EVDC §3.15 General
Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette and the
application is posted on the Town’s “Current Applications” webpage. The applicant has
also posted a “Development Proposal under Review” sign on the property.
As of April 3, 2019,onewritten public comment hasbeen received for this application
package. All written comments are posted to www.estes.org/currentapplications.
Theprovided comment expressedconcern that this application would allow an “illegal”
spot-zoning.It should be noted that in the State of Colorado, it is not illegal to spot-
zone, nor does the proposed rezone entail a detrimental land use conflict. There are no
specific uses allowed in the RE zoning district that arenot allowed in the RE-1 zoning
district.This proposal is torezone a parcel from a rural estate designation to another
rural estate designation that mirrorsthe character and development patterns of adjacent
properties.
Level of Public Interest:
Low: Staff has only received one public commentto datefor this specific application.
Staff Findings:
Based on the foregoing, staff finds:
1.The rezone request complies with applicable standards set forth in the EVDC.
2.Therezone requestcomplies with the applicable goals and policies set forth in the
Comprehensive Plan.
3.The Planning Commission is the Recommending Body for the rezone request.
4.Adequate public facilities are available to serve the proposed projects.
5.This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
Recommendation:
Staff recommends APPROVAL of the request to rezone Tract 2 of the Amended Plat of
Lot 3 of Fox Ridge Estates from (RE-1) Rural Estate to (RE) Rural Estate.
Sample Motion:
Page 4of 5
Planning Commission, April 16, 2019
1593 Dry Gulch Road –Rezone
1.I move to recommend that the Board of County Commissionersapprovethe
rezone request according to findings of fact, including findings recommended by
Staff.
2.I move to continuethe rezone requestto a date certain,in order to ...\[state
reasons for continuance\].
3.I move to recommend that the Board of County Commissioners denythe rezone
request, finding that ….\[state reasons for denial\].
Attachments:
1.Application
2.Statement of Intent
3.Vicinity Map
4.Sketch Plan
Page 5of 5
Planning Commission, April 16, 2019
1593 Dry Gulch Road –Rezone