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Home My WebLink AboutSTAFF REPORT Rezone 440 Valley Rd 2010-11-23Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt r ) N 01 FS I 'L.' 00000mmumuusionuoullounolonuoloullommouploolvlouvIvIvvollvIvvIvIvIvIvollvIvIvIve000000000000000000000000.000000000000000000.11111000 uomniunity pulOifreioprintiont ,,,,,,,,,111111111111111111,1111 ,.............„.................„..11,1000000.0001310.000000000000000000,1011111.000000000011u000000000000,10000000000000000000000,111„1„1„„opoll111,111,111,91.111,111,111,111,111,111,111,111,111,11111111111111111111,1 From: Bob Joseph, Community Development Director Alison Chilcott, Planner Date: November 23, 2010 RE: Rezoning Request — from E-1 Estate to RM-Multi Family Residential, A metes and bounds parcel located at 440 Valley Road, Denise DeLaney Borda/Applicant, Ordinance #25-10 Background: The owners of 440 Valley Road have requested a rezoning from E-1 Estate to RM Multi - Family Residential. Staff views this as a corrective rezoning request and recommended approval of the rezoning to the Estes Valley Planning Commission. This property was rezoned from CO -Outlying Commercial to E-1 Estate in 2000 with the adoption of the Estes Valley Development Code. For at least 25 years (1974 through 1999) this property had some form of commercial zoning (CO or C-2), which permitted multi -family residential use. This has been a multi -family property since 1987. If staff had been aware of the multi -family use in 2000, most likely we would have proposed rezoning to RM. One of the "guiding principles" was to place existing uses in the appropriate zoning districts, e.g., multi -family use in a multi -family zoning district. Staff used Larimer County Tax Assessor records to determine existing uses and those records listed the property as single-family, not multi -family. Staff and the Planning Commission found that the application complies with the Code Amendment (rezoning) Standards for Review found in EVDC Section 3.3.D. Reviewing agencies did not express concerns about the rezoning application. One neighbor Page 1 ESTES PARK COLORADO 440 Valley Road Rezoning Request E-1 to RM A111,4dI (1)l IN ry COA1M10 E 0 10 11101 01,411:r. PROJECT DESCRIPTION/BACKGROUND PLANNING COMMISSION MEETING DATE: November 16, 2010 TITLE: "440 Valley Road Corrective Rezoning" LOCATION: The property is located within Town limits at junction of Valley Road and US 34 Business (West Elkhorn Avenue). APPLICANT: Denice DeLaney Borda PROPERTY OWNERS: Denice DeLaney Borda, Brian D. DeLaney, and Dana DeLaney Burke CONSULTANT/ENGINEER: None STAFF CONTACT: Alison Chilcott and Bob Joseph APPLICABLE LAND USE CODE: Estes Valley Development Code (EVDC) Comprehensive Plan and with existing growth and development patterns in the Estes Valley; and 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 and the Estes Valley Planning Commission are the Review Bodies and Town Board is the Decision -Making Body. IV. REFERRAL COMMENTS This request has been submitted to reviewing agency staff and adjacent property owners for consideration and comment. A legal notice was printed in the Estes Park Trail - Gazette. Reviewing Agency Comment The following reviewing agencies submitted written comments. Estes Park Public Works and Utilities Departments See Tracy Feagan's memo dated November 2, 2010. Town Attorney See Greg White's email to Alison Chilcott dated October 21, 2010. Estes Valley Fire Protection District See Derek Rosenquist's email to Alison Chilcott dated October 6, 2010. Xcel Energy See Len Hilderbrand's email to Alison Chilcott dated October 6, 2010. Public Comment No public comment has been received. V. STAFF FINDINGS 1. Project Description/Background The Project Description/Background found in Section I of this staff report is included as a staff finding. 2. Reviewing Agency Comments This request has been submitted to reviewing agencies for consideration and comment. All comments submitted by reviewing agency staff, referred to in Section IV of this staff report, are incorporated as staff findings. 3. Adjacent Property Owners Page #3 — 440 Valley Road Rezoning Application 6. Prior Commercial Zoning For at least 25 years (1974 through 1999) this property had some form of commercial zoning (CO or C-2). The CO zoning district in place prior to 2000 permitted both residential and retail uses. 1998 Zoning Map E Estate (Single Family) CESIZ 11.P4 RusIdenlial (Multi,Farelly) co Outlying Commercial ri)iS Residential (1t.2 Family) !EEO. C.0 OoYynlown Commercial = 1 Hearricled Industrial ',CALE SITE 7. E-1 Zoning (2000 — to Present) If staff were aware of the multi -family use in 2000, most likely we would have proposed rezoning to RM — Multi -Family Residential instead of E-1 Estate. One of the "guiding principals" was to place existing uses in the appropriate zoning districts, e.g., multi -family use in a multi -family zoning district. To determine existing uses on Estes Valley properties, staff used Larimer County Tax Assessor records. Per Greg Daniels in the Larimer County Tax Assessor Office (11.04.2010), the Tax Assessor listed this property as containing a single-family residence and outbuilding until the Office became aware of the multi -family residential use in 2008. Our zoning records from 2000 also show the property as single-family. Since the use of the property was listed as single-family, staff proposed rezoning to a single-family zoning district. This was approved by the elected bodies. It is unlikely the property would have been re -zoned CO — Outlying Commercial zoning in 2000 since residential use is not permitted in this zoning district (other than employee housing). Page #5 — 440 Valley Road Rezoning Application 9. Ability to Provide Adequate Services and Facilities This property is adjacent to paved roads and is serviced by public water, sewer, and electric utilities. The lot extends into the Valley Road (probably to the centerline of the road). If the property redevelops, right-of-way dedication is likely to be required. 10. Development Plan Staff finds that a development plan is not required at this time. No development is proposed. VI. STAFF RECOMMENDATION — REZONING Based on the foregoing, Staff recommends APPROVAL of the application. VII. SUGGESTED MOTIONS APPROVAL I move to recommend approval of the application to the Town Board of Trustees with staffs' findings and conditions. CONTINUANCE I move to CONTINUE the application to the next regularly scheduled Planning Commission meeting because... (state reason for continuance - findings). Note: In most cases, the applicant must agree to this, otherwise a continuance is deemed approval. DENIAL I move to recommend DENIAL of application to the Town Board of Trustees because... (state reason for denial - findings). Page #7 — 440 Valley Road Rezoning Application Septe j, 30, gbi 5 4 ?OM Statement of Intent - Corrective Rezoning from E-1 to RM 440 Valley Rd. Estes Park, CO 80517 Owners: Denice DeLaney Borda, Brian D. Delaney, and Dana DeLaney Burke The intent of this request is the corrective rezoning of our property located at 440 Valley Road, Estes Park, CO. The property was incorrectly rezoned in 2000 through the Estes Valley Development Code, from a CO (commercial outlying) to an E-1 (estate single family). Our family purchased this property in 1986. It was zoned CO on the purchase deed in 1986. The previous owners had a residence and a separate building utilized as an antique shop on the property. Our father, an architect and Chief of Planning & Engineering at Purdue University at that time, submitted architectural plans and obtained the required building permits from the Town of Estes Park in 1987 (Permit Number 4075) to turn the antique shop into a triplex. Our family has utilized the property as a multi -family residence for over 22 years. Our parents lived in two of the units of the triplex (Units 2 and 3) and visiting family often stayed in Unit 1. The single-family residence was rented long term to a local resident, and later utilized by family members. We recently applied for a building permit to finish off Unit 3 with a bathroom and kitchen, as our deceased parents had always planned to do. This is when we discovered that the property had been incorrectly rezoned to E-1, single-family, in 2000. Director Bob Joseph, Town of Estes Park Community Development Department, suggested that we apply for corrective rezoning from single-family to multi -family to obtain the building permit. To complicate matters, the Community Development Department (CDD) had lost their file for this address and had no plans or permitting records. We fortunately were able to locate the 23-year-old plans and permits to recreate a file for the CDD. Once the situation was clarified, Director Joseph stated that all rezoning fees would be waived and that his department supported the corrective rezoning to RM (residential multifamily). Our father's records were very complete and yet there was no record of the 2000 rezoning to E-1 that was done by the Estes Valley Development Code. The CDD's database showed our elderly parents did not return the postcard to the city which would have verified receipt of this rezoning. We were not aware of the rezoning until we applied for the building permit on September 27, 2010. It is the desire of the owners to improve the usability and attractive appeal of our property, and its continued use as a multi -family residence. We simply wish to complete the work on the triplex that our father, an architect, designed in the 1980's. This is a statement of intent to accompany the application for rezoning from E-1 to RM. Sincerely, Denice DeLaney Borda owner / applicant ~ ' Submittal Date: V. Type of Application �- Development Plan �- Special Review V Rezoning Petition 8- Preliminary Subdivision Mot �- Final Subdivision Plat �- [NinorSubdivia|onP/at �- Amended Plat ESTES VALLEY DEVELOPMENT REVIEW APPLICATION r Boundary Line Adjustment r- ROW cvEasement Vacation r- Street Name Change 7- Time Extension y- Other: Please specify CondominiumyNe`- r- Preliminary Map [- Final Map [- Supplemental Map ` /� | Proec Name �L� \e�/ �� J /l' y.r t�«--~\/e- pmet Ockrcr 'V ' V-CZCh^N( , — \ 4O ProeoAddr*ea \�`\\t��/��J' ��I�-X�\/- /""�/n....�^-- xm / _ /� . � — ' `^ '- / `� ^"y" ""sw/pm^/ r/(f�T�� clv�( \�cY�xv AAR Parue |D# �� ^--� �� ` ��- '- - r�� ^/�}-��~ "0 Lot Size \ 0/0 Land Use Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service Proposed Sanitary Sewer Service |oosewer lift station required? Existing Gas Service | Area of Disturbance in Acres j�J \ ,\/e- -'51, 'k+' _ 4�w64\/ �-14- ~_ — ' _/ nwn x VVe/| | Nona | Other k/Town r- Well [- None r-OUhor(apenify |- EPSO VUTSD [- Septic r-None [- EPGD VUT8O /- Septic [- Yoe V/No [- Other [~ None ExistingZoning [�~\/H"��^'wo Proposed Zoning 'PNA Site Access (if not nn publicstreet) Are there wetlands onthe site? F- Yea r;�'�o �� Site staking mubecompleted at the time application iasubmitted, Complete? �j 4 I- Yes ,-4 )ry Contact Information ~-__.-^- Name ofPrimary Conhu�Person ��]M`�� ' \/<�\\c/ � T�J x�Ownmr [- Applicant 17- Consultant/Engineer Mailing Address Primary Contact Person is ~- Application fee Statement of intent 3copies of plat or plan I I" X 17" reduced copy of plat or plan Please review the Estes Valley Development Code Appendix Bfor additional Submittal requ|remontswhichmmeyinn|udeIS��ca|ou�tono.drainage ro9orttraffic impact analysis, geologic hazard mkUQoUonnm°p w/UdOrohazard mnNgedonreport, vxat|ondereppd,and/or other mdd|Uono|infommaUon. report, Town �Estes Park �P.O.Box l200,,6,}0MacGregor Avenue Estes Park, CO005l7 Community Development Department Phone: (Y70577-3/2| ~xFam: (970)586-0249 ~m ~ww.00hesurg/Comoov "k Revised 1//20/09 ^ ) RanundOwneds) Mailing Address "'� "` «^��'v`a. m~�n'r,oi� Phone��-��7-�� Cell Phone ao5-s\�-��\ or V,^ 56(��-[)'7-\� � ^ ,^ _��~ �'~ °°°� �/`�+mcL+hc cos m6. Pri ncv'�/R4\11"1z5 (fx\O-4Oq-71 *4 �� Email -Ad �n��«^��an\^CmwA ` b ~uk� -- {� y ya'JCo Applicant T)^ \ ux)*�/ j ,\r'xJxm`.(' —� Mailing Address \�� T�i8w^n�J �'(&o'�-�S &7043 Cell Phone Fax Mailing Address Phone Cell Phone Fax APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: All requests for refunds muotbomadoinvvhdng./4Ufaeomroduoatthet|rnopfoubmitto|. MINERAL RIGHT CERTIFICATION On July 1, 2001, House Bill 01-1088 became effective. This legislation requires applicants for Develo Revowa, Rnzun|ng, Preliminary and Final Subdivision P|obe, Minor Subdivision Plats if creating a ne Final Condominium Maps to give notice of their application to all mineral estate owners where the su mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an � | hereby certify that the provisions ofHouse Bill O14088Section 24'6S.5'103CRGhave been met, Record Owner PLEASE PRINT., D al (0-e Applicant PLEASE pR0V�D)` 'QQ T\�/ Signatures: Record Owner Applican ,ky N^~uL c, 1 �~ y / T�� ,"`,~r� ' state and the x Data ft-61001111 Revised /1/20/09 APPLICANT CERTIFICATION 10, | hereby certify that the information and exhibits herewith submitted are true and nonnc tothe betofmyknowledge and that in�|ingthe ap[dicaUon/amaoUngv�Uhthe knowledge and consent ofthe —~~owners ofthe property. m~ |nsubmitting the application materials and signing this application agreament|acknowledge and agree that the oppUoahonioau�ec(tothe appUcob|eprocessing and pubUoheahngrequirements set forth inthe Estes Valley Development Code (EVDC). U+ | acknowledge that | have obtained orhave access bnthe EVDC.and that, prior k)filing this epp|ioaUon | have had the oppo�undyh000Aau�the relevant provisions govom|ngthe processing ofand deo�iononthe application, The Estes Valley Development Code is available online at: 110- 1 understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. m~ 1 understand that this proposal may be delayed in processing by a month or more if the information provided is incomp|ete, inaoouna(e, or submitted after the deadline date. x' I understand that a resubmittal fee will be charged if my application is incomplete. 10, The Community Development Department will notify the applicant in writing of the date on which the application is determined hobecomplete. �* | grant permission for Town ofEstes Park Employees and Planning Commissioners with proper identification access tn my property during the review of this application. Names: I acknowledge that / have received the Estes Valley Development Review Application Schedule and that failure bumeet the deadlines shown on said schedule shall result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Record Owner PUEAospR/NrP—'rx, Applicant 1l Signatures: Record Owner Applicant � V Rovbed||/20V09 fx Nj 0 Wr 0 S� g ppp ix iu Q w LLLLy +_ stwo A, r � s j p 1 PRIVAZE DRIIE__.', Q sr ( / 6 q illy ° 1I 111111111yohmo 1111111111111I,IIIII1111 muiuiliuiiiiiiiiii,111,1uuu iiii9i9 i111I111 111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUUI jllll II II II III IIIIIIIIIIIIIIIIII IIIIIIIIII 1 11111 IIII I II 0000000000m 1 Imo IIIII IIIIIIIIIIIIII I III III I loUAAM IIIIIIIIIIII """""""' 11111111111111111111 I I11 111111111111111111 1„ 111111111 111111111111111111111111111111111111111 III11� II ui I1wwwwwwwwwiw,w,w,,,,w,w,; 11, miiiio iiiiiiiiiii iiiiiiiiiiiiiiiiiiV 1111 11 11 1, 11111111 I 11111,111111111111111 IAr Iluuuuiiiiu' "'onfilifloonin i°uuuuuuli IIIIIH�'°p1111� 1111111111111 11111111111 1111111111111111111111111111111111111111111111111111lllllqnyAumuuLlull fr� 11111111111111111111I'0,. 111111111111111111 IIII,IIII� II I ��iIIrII u !IIIIIIIIIIIIIIII!1!lllllllll111111l !111111111111111J."'1,... ilm u iiiiiiiiiiii I�m�111111 11111111 MIS 0000000 111jj llllllllllll IIIIIIIIIIIIII I II I W1'I �I '''11 �Y'9111111111111111111111111'""' � rsl II11111 u l:' IIIIIIIIIIIIIIIIIIIIIIIIII" wm..... ..... " !?II ! ug^^,I Ills uloluul luu 11lm nwnnnnm1111�� ... ........ ........IIIII 11IIIIIII,1,Y , !!1, 11lolo IIIIIIIIIIIIIIIIIIIIIIullllIIIIII lllll1111 IY 1�! Proof of Publication STATE OF COLORADO COUNTY OF LARIMER Bill Ferguson Being duly sworn, deposes and says: 1. That he is the publisher of the Estes Park Trail -Gazette, a semi- weekly newspaper printed and published in the Town of Estes Park, County of Larimer and State of Colorado. 2. That the said Estes Park Trail -Gazette is printed and published at regular intervals, two times each week, Wednesday and Friday, and that it has a general circulation in the County of Larimer, and elsewhere. 3. That the said Estes Park Trail -Gazette was established and has been printed and published in said county uninterruptedly and continuously during a period of at least fifty-two consecutive weeks prior to the first issue thereof containing said Notice of Proposed Rezoning Request / Owners: Denice DeLaney Borda, Brian DeLaney, Dana DeLaney Burke / Applicant: Denice Delaney Borda A copy of which is hereunto attached. 4. That the Estes Park Trail -Gazette is a semi -weekly newspaper of general circulation, and is printed and published in whole or part in the said Town of Estes Park and County of Larimer in which said Notice of Proposed Rezoning Request / Owners: Denice DeLaney Borda, Brian DeLaney, Dana DeLaney Burke / Applicant: Denice Delaney Borda is required by law to be published, a copy of which is hereunto attached. 5. That the said Estes Park Trail -Gazette is a semi -weekly newspaper within the meaning of an act concerning Legal Notices and Advertisements being Chapter 109 of the Colorado Revised Statutes of 1953. 6. That the said annexed Notice of Proposed Rezoning Request / Owners: Denice DeLaney Borda, Brian DeLaney, Dana DeLaney Burke / Applicant: Denice Delaney Borda was published in the regular and entire edition of the Estes Park Trail -Gazette, a duly qualified paper for that purpose, within the terms and meanings of the above named acts. 7. That the said annexed Notice of Proposed Rezoning Request / Owners: Denice DeLaney Borda, Brian DeLaney, Dana DeLaney Burke / Applicant: Denice Delaney Borda is a full, true and correct copy of the original which was regularly published in each of the regular and entire issues of said newspaper, a legally qualified paper for that purpose, once each week, on the same day of each week for one (1) week, by one (1) insertion and that the first publication thereof was in the issue dated October 22, 2010 and that the last publication was in the issuedate,Qtober 22, 2010. Billergu on Publisher - SubscriWd and sworn to me eslre Dawson, Notary Public My commission expires January 10, 2011 /24 day of November, 2010 NOTICE Notice Is hereby given that on Tuesday, November 16, 2010, at 1:30 p.m. In the Board Room of the Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, the Estes Valley Planning Commis.. sion will review a Rezoning re- quest for the property and pur- pose described below, Planning Commission will forward their recommendations to the Town Board of Trustees. , On Tuesday, November 23, 2010 at 7:00 p.m. In the Board Room of the Town Hall, the Town "Board of Trustees will ponduct a public hearing on this request. Legal Description Metes & Bounds parcel ocated , at 440 Valley Rd Type and Intensity of Use t-1 zoning Change zoning from E-1-Estate to AM -Multi -Family Residential Miners: Denlce Delaney Borda, Brian Delaney, Dana Delaney Burke Applicant: Denlce Delaney Bor- da Any person may appear at such hearing and present evidence, upon any matter to be consid- ered. For more information, contact Planner Alison Chilcott, 970-577-3720, or Robert Joseph, 970-5774725, Published in the Trail -Gazette - October 22, 2010. Ad# 5495595