HomeMy WebLinkAboutDOCUMENT Findings and Resolutions Rezone 1593 Dry Gulch Rd 2019-06-19RECEPTION #20190033508,6/19/2019 12:0720 PM,
I of 5,
Angela Myers,Clerk &Recorder;Lanmer County,CO
FINDINGS AND RESOLUTION APPROVING THE 1593 DRY GULCH REZONING
The petition of The Sanctuary LLC,to rezone Tract 2 of the Amended Plat of Lot 3 of Fox
Ridge Estates from (RE-i)Rural Estate to (RE)Rural Estate for the property described on Exhibit
A”attached hereto has heretofore been filed with the Board of County Commissioners of the
County of Larimer.
The Estes Valley Planning Staff on April 16,2019,conducted a public hearing on said
petition,and having duly considered the same and the evidence presented to the Board,by
resolution recommended approval.
On May 6,2019 in the County Board Hearing Room of the Larimer County Courthouse,
Fort Collins,Colorado,the Board of County Commissioners of the County of Larirner conducted a
public hearing on this petition.The Board of County Commissioners,having heard the testimony
and evidence adduced at said hearing,and having considered and carefully weighed the same,now
makes the following findings:
1.The petition to rezone and the public hearing thereon have been duly advertised in a
local newspaper of general circulation,the application posted on the Town of Estes Park’s “Current
Applications”webpage,and a “Development Proposal under Review”sign posted on the property.
2.The general characteristics of the property are as follows:
a.Location:North of US 34 and south of Ridge Road,addressed
1593 Dry Gulch Road in unincorporated Larimer
County.
b.Area:10 Acres
c.Existing Land Use:RE-I Rural Estate,existing single-family residence
d.Services:
Water:Town of Estes
Park
Sewer:Upper
Thompson Sanitation District/Septic
3.The applicants propose to rezone the subject property from (RE-l)Rural Estate
with a 10-acre minimum lot size to (RE)Rural Estate with a 2.5-acre minimum lot size.The
owner intends to subdivide the property into approximately 4 lots,each containing 2.5 acres.
Attachment #4-”Sketch Plan”provided in the staff report shows the proposed layout.
Findings and Resolution
1593 Dry Gulch Rezoning
Page 2
4.The current single-family home is proposed to be located on its own 2.5-acre lot
and would confoni 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.
5.Despite surrounding zoning being RE-I,the general character of the immediately
adjacent properties to the north and southwest conform to the proposed RE zoning district
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.
6.Within 1,000 feet of the subject property,27 out of 38 (71%)RE-i zoned parcels
range from 2.5 acres to 3.74 acres despite the RE-I 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 rczone lots to non-conforming sizes on purpose,unless the intent is to
require re-subdivision or lot consolidation.
7.This proposal conforms to the surrounding density patterns and general
neighborhood character.
8.The review criteria for the rezoning have been met as follows:
a.The amendment is necessary to address changes in conditions in the areas
affected.
There are no recent changes in conditions in 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.
b.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 has waived the development plan requirement as it is not necessary to
determine whether a rezoning is consistent with the Comprehensive Plan and a
development plan is not required for single-family residential development.A sketch plan
has been provided showing the proposed lot layouts.
This proposal adheres to Chapter 6 of the Comprehensive Plan.Section 5.0
Housing “Community Wide Land Use Policies”includes the following:
Findings and Resolution
1593 Dry Gulch Rezoning
Page 3
5.1 Encourage a variety of housing 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 I acre to over 40 acres.It states that
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 maintenancc of the
low density character.As much of the surrounding land uses are similar to the use
proposed,this recommendation is met.
c.The Town,Count-v or other relevant service providers shall have the
ability to provide adequate services and facilities that might be required f the
application were approved.
Staff finds that service providers are able to provide adequate services and
facilities to this location.The applicant will be required to meet agency requirements at
time of subdivision and development.
RESOLUTION
WHEREAS,the Board of County Commissioners has made its findings upon the petition
and upon the resolution of the Estes Valley Planning Commission,which findings precede this
resolution,and by reference are incorporated herein and made a part hereof;and
‘WHEREAS,the Board of County Commissioners has careflully considered the petition,
resolution,evidence and testimony presented to it and has given the same such weight as it in its
discretion deems proper,and is now flilly advised in the premises.
NOW,THEREFORE,BE IT RESOLVED,that the petition of The Sanctuary,LLC,to
rezone Tract 2 of the Amended Plat of Lot 3 of Fox Ridge Estates from (RE-I)Rural Estate to (RE)
Rural Estate as provided in the Estes Valley Development Code be and is hereby granted.
Findings and Resolution
1593 Dry Gulch Rezoning
Page 4
BE IT FURTHER RESOLVED,that the Deputy Clerk of this Board shall cause a certified
copy of this resolution to be filed with the Clerk and Recorder for the County of Larimer.The
Larimer County Community Development Director shall cause the official zoning district map for
the County which is filed in the County Clerk’s office and the maps in the office of the County
Community Development Department to be amended in accordance with this resolution.
Commissioners Jolmson.Donnelly and Kefalas voted in favor of the Findings and
Resolution,and the same were duly adopted.
Datedthis /dayot
____________,2019.
BOARD OF COMMISSIONERS OF
LARIMER COUNTY.COLORADO
By:
_________
Chair
(SEAL)
A]TEST:
DATE
APPROVED AS TO FORM
COUNTY
ATTr4Ev
Deputy Clerk
EXHIBIT A
TRACT 2 OF THE AMENDED PLAT OF LOT 3 OF THE PLAT OF “FOX RIDGE
ESTATES”AND A PORTION OF THE SOUTH HALF OF SECTION 17,T5N,R72W OF
THE 6TH P.M.,LARIMER COUNTY,COLORADO