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Home My WebLink AboutREZONE 1750 Marys Lake Rd A-1 to RE 2006-07-18PUR PORTED COPY NOTCONPARED IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIiii USCOTT ARIMEROCOUNTYLCOK 2006-0086753 11/36/2006 PAGES - 3 FEE $0.00 DOC $0.00 #659442 REZONING FINDINGS AND RESOLUTION APPROVING THE PETITION OF MARY'S LAKE ROAD The petition of Robin Smith to rezone five parcels from "A-1" Accommodations to "RE" Rural Estate has heretofore been filed with the Board of County Commissioners of the County of Larimer. The Estes Valley Planning Commission on July 18, 2006, 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 August 21, 2006 in the County Board Hearing Room of the Larimer County Courthouse, Fort Collins, Colorado, the Board of County Commissioners of the County of Larimer 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. 2. Residents of 1750, 1840, 1850, 1854, and 1860 Mary's Lake Road have requested their properties be rezoned from "A-1" Accommodations to "RE" Rural Estate. 3. The purpose of this rezoning request is to minimize future development potential in this neighborhood, which has seen three subdivision proposals within the last two years (Mary's Lake Ridge, Hallett Heights, and Silver Tree Lane). 4. This proposed rezoning would reduce potential development in the area from approximately seventy-six units to approximately twenty-nine units, of which twelve have been built or are in the process of approval (leaving a maximum potential of seventeen additional units). This density calculation includes all properties accessed from Mary's Lake Road, including those not proposed to be rezoned. 5. The amendment is necessary to address changes in conditions in the areas affected (several new subdivisions in surrounding area). 6. 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 (development plan not applicable). urn to Planning Findings and Resolution Mary's Lake Road Rezoning Page 2 7. The requirement that the Town, County or other relevant service providers be shown to have the ability to provide adequate services and facilities that might be required is not applicable due to reduced potential density. RESOLUTION WHEREAS, the Board of County Commissioners has made its findings upon the petition and upon the resolution of the Larimer County 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 carefully 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 fully advised in the premises. NOW, THEREFORE, BE IT RESOLVED, that the petition to rezone 1750, 1840, 1850, 1854, and 1860 Mary's Lake Road from A-1 Accommodations to RE Rural Estate be and the same hereby is approved. IT IS FURTHER RESOLVED that the Deputy Clerk of this Board shall forthwith cause a certified copy of this resolution to be filed with the Clerk and Recorder for the County of Larimer and that the County Planner shall cause the Official Zoning District Map for the County, filed in the County Clerk's office to be amended and to amend the maps in the office of said County Planner in accordance with this resolution. Commissioner Rennels, Wagner and Gibson voted in favor of the Findings and Resolution, and the same were duly adopted. Dated this \ day of l iAl b► V , 2006. BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO By: AI 1 EST: Deputy Clerk Chair DATE: 10 1 CI ~ 0(0 APPROVED AS TO FORM: EXHIBIT "A" That portion of the SW 1/4 of the SE 1/4 of Section 35, T5N, R73W west of Mary's Lake Road right-of-way, less the SE 1/4 of the SE 1/4 of the SW 1/4 of the SE 1/4 of Section 35, T5N, R73W TOWN Of ESTES PARK Community Development Department 8/25/2006 Robin Smith 82 Loveland Way Golden, CO 80401 RE: Mary's Lake Road Rezoning To Whom It May Concern: This letter is to inform you that the Larimer County Board of Commissioners voted 3-0-0 to rezone 1750, 1840, 1850, 1854, and 1860 Mary's Lake Road from "A-1" Accommodations to "RE" Rural Estate. The "RE" Rural Estate zone district is defined in the Estes Valley Development Code, and has a minimum lot size of 2.5-acres. Existing lots are considered legally non- conforming. Any future subdivision of these properties requires lots to be at least 2.5- acres. If you have any questions regarding this matter, please feel free to contact me at 577- 3729. Thank you. Respectfully, t )(2,) David W. Shirk, AICP Planner cc: Tony and Florence Bielat Robert and Deborah Briggs Marjorie Angle Ferrell Ingram P.O. BOX 1200. 170 MACGREGOR AVENUE • ESTES PARK, COLORADO 80517 PHONE, BUILDING DEPARTMENT OFFICE: 970-577-3735 • FAX 970-586-0249 PHONE, PLANNING OFFICE: 970-577-3721 • FAX 970-586-0249 www.estesnet.com/ComDev PAGE 42 pig Mary's Lake Road Rezoning Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com 5.DATE: August 21, 2006 REQUEST: This is an application to change zoning of five properties from "A-1" Accommodations to "RE" Rural Estate. LOCATION: 1750, 1840, 1850,:.1854, and 1860 Mary's Lake Road APPLICANT/ADDRESS: Robin Smith (82 Loveland Way, Golden, CO 8040.1) PROPERTY OWNERS: Smith, Ingram, Angle, Bielot, and Briggs. STAFF CONTACT: Dave Shirk APPLICABLE LAND USE CODE: Estes Valley Development Code DISCUSSION: Residents of 1750, 1840, 1850, 1854, and 1860 Mary's Lake Road have requested their properties be rezoned from "A-1" Accommodations to "RE" Rural Estate. These properties are shaded red on the attached map. The purpose of this "downzoning" request is to minimize future development potential in this neighborhood, which has seen three subdivision proposals within the, last two years (Mary's Lake Ridge, Hallett Heights, and Silver Tree Lane). This proposed rezoning would reduce potential development in the area from approximately seventy-six units to approximately twenty-nine units, of which twelve have been built or are in the process of approval (leaving a maximum potential of seventeen additional units). This density calculation includes all properties accessed from Mary's Lake Road, outlined in red on the attached map, including those not proposed to be rezoned. LARIMER COUNTY BCC 8/21/06 PLANNING STAFF REPORT SUBJECT Mary's Lake Road Rezoning Town of Estes Park Community Develo " ment ToEstes Valley Planning Commission From: Dave Shirk, Planner U Date: 7713/2008 Re: Mary's Lake Road rezoning Residents Of175O, 1840, 1850, 1854 and 1880 M8n/s Lake Road have RqU88t8d their properties be rezoned from "A-1"Accommodations to"RE" Rural Estate. These properties are shaded red ODthe attached map. The pU[pOS8 of this ^dOVVDZDDing" request is to minimize fUtUP8 dHVHlOpnl9Ot pOtHOU8| in this neighborhood, which has seen three subdivision pFOpOS8|S within the last two years (K48n/'s Lake Ridge, Hallett Heights, and Silver Tree Lane). This proposed rezoning would reduce potential development in the area from approximately seventy-six units to approximately twenty-nine units, of which twelve have been built or are in the pPD08GG of 8ppPOV8| /|e8ViOg 8 OlaXiDlU[O potential Of seventeen 8ddiiiOO8| UOitS\ This density calculation includes all properties 8CCeSS8d from M8ry'G Lake Road, outlined in Fed ODthe attached map, including those not proposed k]berezoned. PV[GU8[t to 8eCdOD 3.3[}, all applications for text O[ Official Zoning N18p 808OdOleDts Sh8U be reviewed by the E\/PC and BO8Pd(G) for compliance with the relevant standards and C[it8[i8 set forth be|OVV and with other applicable pn3ViSiODS of this Code. 1. The 8DleOdDleOt is necessary to 8dd[8GS changes in COOditiOOG in the 8R98G affected /G888��V8rO�O��OO8�GUb�iViSiOOS)� ` '' 2. The development p|8D. which the pFUp0GHd amendment k}this Code would 8UoVV is CODlp8t|b|e and CDD8i8t8Dt with the policies and intent of the Comprehensive P|8D and with existing growth and deV8|opOU8Ot p8tt8[OG in the Estes Valley (development plan not applicable); and 3. The TOVVD. County O[other relevant service pnJVid8nS Sh8U have the ability to provide gUGqU@t8 services and facilities that might be required if the application were 8ppFOV8d (due h]reduced potential density, this iGnot 8ppliC@bl8). Staff [8CODlO0eDdG approval. This is 8 F8CODlO08Dd8tiOD to the Board Of County C0O0OOiSSiOOenS. 1 1pIIIIP11 GREGORY A. WHITE Attorney at Law North Park Place 1423 West 29th Street Loveland, Colorado 80538 970/667-5310 Fax 970/667-2527 June 19, 2006 DAVE SHIRK, PLANNER COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Rezoning — Mary's Lake Road Area Property Owners — Metes & Bounds Dear Mr. Shirk: I have no comment. If you have any questions, please do not hesitate to give me a call. GAW/ldr CC: Robin Smith Fax: 303/274-6820 Upper Thompson Sanitation District PO Box 568 Estes Park, CO 80517 (970) 586-4544 June 20, 2006 Dave Shirk Planner II Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Ref: Mary's Lake Road Area Property Owners Metes & Bounds, Portions of S35-T5N-R73W of the 6th P.M. Parcel ID Numbers 3535400034, 3535400077, 3535400002, 3535400057 3535400016 & 3535400038 1750, 1840, 1846, 1850, 1854 and 1860 Mary's Lake Road Dear Dave, The District has no objection to this rezoning petition. Thank you for your time. CC Robin Smith 82 Loveland Way Loveland, CO 80401 FAX: 303-274-6820 Sincerely, Reed W. Smedley Lines Superintendent Upper Thompson Sanitation District I'd 8I0G-LLS-0L6 luawquedaa saut1 e6I:0I 90 IZ un[ Dave Shirk From: LaShelle_Lyman@nps.gov Sent: Sunday, June 11, 2006 12:41 PM To: Dave Shirk Subject: Mary's Lake Road Area Properties Rezoning Dear Dave: I am writing in support of the Mary's Lake Road Area Properties Rezoning proposal. As an adjacent property owner, I applaud my neighbors' efforts to prevent further development in our area through the rezoning of their properties. I am certain that additional development would not only destroy the rural character of the neighborhood (which attracted so many of us in the first place) but would have an undesirable effect on our natural resources. I also see no inherent value to the Estes community should these properties retain their current zoning. I urge you and the Estes Valley Planning Commission to support their proposal. Sincerely, LaShelle Lyman 1680 Mary's Lake Road 1 Town of Estes Park Community Development Dept 30 M Gentlemen; y op,1141141k, I request that my late mother's property at 1844 Mary's Lake Road remain as an "A-1" zoned parcel. A mischievous neighbor is trying to ram through rezoning at E Estate and I am opposed to this on several grounds. Please contact me if I should take any further action towards my objective. Sincerely, / /7 Harland Ranney, 1025 Harbor Walk Ct, Ft. Collins, CO 80525 970-226-9006 Robin Smith 82 Loveland Way Golden, CO 80401 June 7, 2006 Dave Shirk Estes Park Planning Dept PO Box 1200 Estes Park, CO 80517 RE: Rezoning Request Dear Dave, Per our conversation of today, Robert and Ann Schumaker have elected out of the rezoning request. They are restricted to one house on their property by the road easement in effect and do not find it necessary to participate. Please make the necessary changes to the request if at all possible. I have enclosed checks from those persons continuing with the rezoning issue. This was based on 1/6 of $500 or 83.33 per person before Mr. Schumaker decided to change his mind. Thank ,oi in advance for your cooperation in this matter. Sin Robin Smith Submittal Da e: Type of Application F- 41 � TOWN OF ESTES PARY ~� UtVtLUr00tN1ArrU AUUo�mU � ,,ESTES VALLEY DEVELOPMENT COP Development Plan Special Review Rezoning Petition Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Name Project Description Project mb Legal Description Parcel ID # 54 Record Owner(s) Mailing Address Telephone Nos. Applicant Mailing Address Telephone Nos. ��|Consultant/Engineer '! Contact Person Mailing Address To|e°honeNuo. Site Information * I Total Development Area (aorea Existing Land Use Existing VVo1er Service Existing Sewer Service,,, r EPSD Existing Gas Service Existing Zoning . 9' 4:!' i1�4 0W411 .. Boundary Line Adjustment 'I Condominium Map ROW or Easement Vacation�-,---I---15'r-eTiminary Map I- Street Name Change F- Time Extension I- Other: Please list [- Final Map ~ j1''D� � ~ �� x.� v Township Fax Fax E-Mail Open Space Area (acres) Proposed Land Use Proposed Water Service \- uraor- aen«^ Proposed Sanitary Sewer Service Lift Station required? Proposed Zoning Site Access (if not mnpublic street) Wetlands on Site? Yes : Attachments Listed items may not be applicable for all applications. Please refer to thoEVDC and Appendix B for complete submittal requirements.Statement of Intent r- ISO Calculations � Drainage Plan 3oopiaa (folded) ofplat orplan 11"X17"reduced copy ofplat orplan Names & Mailing Addresses ofAdjacent Property Owners (see hend-ouU Wetlands Report Geologic Hazard Mitigation Report Wildfire Hazard Mitigation Report Transmittal Letter Confirming Site Staking Application Fee �n Town ofEstes Park �P.O.Box l200*l0MacGregor Avenue �Estes Park, CO 80517 �� SCHEDULES ^ �� DEVELOPMENTS WITHIN THE TOWN UFESTES PARK AND THE UNINCORPORATED ESTES VALLEY See the appropriate Town or County fee schedule. All requests for refunds must be made in writing. All fees are due at the time of submittal. Submittals will not be accepted unless the fees have been paid. APPLICANT ��[�UU�U��k~�U��0� ^^ ^ ^�~~°~~ ~ ~ CERTIFICATION " "� "~��=" "~="~ | hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application | am acting with the knowledge and oonoord of the owners of the property. In submitting the application materials and signing this application agreement, | acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). / acknowledge that | have obtained or have aoneao to the EVOC' and that, prior h)filing this application, | have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. | understand that this proposal may bodelayed in processing if the information provided is incomplete, inaccurate orsubmitted after the deadline date. | understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee bythe Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. The Community Development Department will notify the applicant in writing of the date on which the application iodetermined tobecomplete. I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. Signatures: Record Owner Applicarri Dote Date U�U�� U�� U�� ,~...~~�,,,,~,,.,~... CERTIFICATION On July 1, 2001, House Bill 01-1088 became effective. This legislation requires applicants for Development Plans, Special Reviews, Rezoning' Preliminary and Final Subdivision P|ots, K4incn Subdivision Plats if creating enew lot, and Preliminary and Final Condominium yWope to give notice oftheir application to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing onenapplication for development. | hereby certify that the provisions cfHouse Bill O1-1O88Section 24-S5.5'1 have been met. Signatures: . , Record Owner / ~- Date Deha {-/X_N- 2/1/2006 Exhibit A Parcel Id's or Schedule #'s of the proposed rezoning application: Schedule #'s 0570222, 0570141, 0570524, 0570427, 0570389, and parcel ID # 3535400077 Record Owners are as follows in order of Schedule # Patricia Jo and James W Smith Trust, 1850 Mary's Lake Road Tony and Florence M Bielat, 1860 Mary's Lake Road Ferrell J. and Marilyn M. Ingram and Janice S. Taylor, 1854 Mary's Lake Road ML R. and Marjorie L Angle, 1840 Mary's Lake Road Robert A. and Deborah L Briggs, 1750 Mary's Lake Road Estes Valley Planning Commission PO Box 1200 Estes Park, CO 80517 Gentlemen: Due to recent developments in our subdivision, namely high density building on lots of equal size to ours, we the undersigned neighbors located in the 350573-S35 T05 R73 subdivision desire to change our current zoning of A-1 Accommodations to Single Family Residence RE-1. We are concerned that due to the topographic nature of our neighborhood too much development would put undo pressure on the wildlife and cause drainage and other changes to the landscape that would be undesirable. We want to maintain the serenity that we have enjoyed since the late 1940's. In addition the lack of access and limits of 12 dwellings and 1000-foot maximum cul-de- sac length will completely ruin the landscape of the area. It is our desire to maintain the integrity of neighborhood by restricting subdividing the 2 Y2 acre lots into smaller lots. There is an exception for Schedule # 0570222 and 0570427 and Parcel ID# 3535400077 as these lots are currently 1.5 acres, 1 acre and 4 Acres approx respectively, the subdivision to IQ -place in the 1940's or early 1950's. Facsimile signatures are acceptable as original sig tures. Patricia Jo and James W Smith Trust 82 Loveland Way Golden, CO 80401 Schedule # 0570222 Robert C and Ann Schumaker PO Box 3528 Estes Park, CO 80517 Schedule # 0570141 Elizabeth S Lewis 1025 Harbor Walk Ct. Fort Collins, CO 80525 Schedule # 0570303 Tony and Florence M Bielat 1860 Marys Lake Rd Estes Park, CO 80517-0000 Schedule # 0570524 Proof of Publication STATE OF COLORADO COUNTY OF LARIMER Bill Ferguson Being duly sworn, deposes and says: 1. That lie is the publisher of the Estes Park Trail - Gazette, a semi -weekly newspaper printed and pub- lished 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 on Friday, and that it has a general circulation in the County of Larimer, and elsewhere. 3. That the said Estes Park Trail -Gazette was estab- lished and has been printed and published in said county uninterruptedly and continuously during a period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said Notice of Proposed Rezoning / Robin Smith 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 / Robin Smith 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 con- cerning Legal Notices and Advertisements being Chapter 109 of the Colorado Revised Statutes of 1953. 6. That the said annexed Notice of Proposed Rezoning / Robin Smith Was published in the regular and entire edition of the Estes Park Trail -Gazette, a duly qualified semi -weekly Newspaper for that purpose, within the terms and Meanings of the above named acts. 7. That the said annexed Notice of Proposed Rezoning / Robin Smith 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 June 23, 2006 and that the last publication was in the issue dated June 23, 2006. i11Ferguso Subscribed a Of July, 20 orn to me this 12th day Andrea E. Leber, Notary Public My commission expires January 28, 2009 (p.k._ ll1 Vhe'd t.h'e.)T,) rao,G tz6.* : 4 f:uns,2a°6 NOTICE tot!irebgivcn4: al C",inthe1Frnlof ISa aao.7,4;eG'gr.4v E:1l Plr6010adi,Slt':1`PanirLomrritssfai con0ra4emigrequ°4o r h.,rjp:1e$:0 purpose 4,0d1:w:tisrewl o0b0apoha Sabre the Roarti°t(tty nni.si°nerseom°ncy;ust2i26'at3,00p.m.in th.aor°fooit c0mm1ssiorl;rs:or,R00m0i the Lamer covty4ourtho.0:, o°wakF°nc0li,c010ro 0 rcernit11 biao4u0t ecjai 4tesr000rpa7u0n.0I 351;on73w)f ite611 Parcel IDn1n*ers 3534°°540og77, 353400°5r54a16,8 1535400o3 l75°14:ia5o, 185'and i86°MarY'SL°6oRod 12eandute'$Cis 1:Aco"m0dean„zoo n R8zon6i1vepr0Pelttesr:A, 1-Ac-„nin°datt0nsto E_ RoralEstatezoning Ag?1tgir;,1th Anypereee Tayapr!arat such heanngandFes.,t viden;.pon be F m°ra16rarmat°1c°9ta9tRnt DaveSOrkaf9/0 577-3729 t :