Loading...
HomeMy WebLinkAboutREZONE 1753 Wildfire Rd 1104 Haybarn Hill Rd 2005-12-19RGPTN4 2005-0107773 SCOTT DOYLE, CLERK LARIMER COUNTY CO 12/19/2005 10:04:00 PAGES - 5 FEE $0.00 DOC $0.00 4549443 FINDINGS AND RESOLUTION APPROVING THE NYTES REZONING The petition of Rock Solid Foundation/Jim Nytes to rezone the property described on Exhibit "A" attached hereto from E-Estates to CH -Heavy Commercial has heretofore been filed with the Board of County Commissioners of the County of Larimer. The Estes Valley Planning Commission on August 16, 2005, 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 September 6, 2005 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. The general characteristics of the property are as follows: a. Location: b. c. d. e. Area: Existing land use: Surrounding Zoning: Surrounding Land Use: Tract 2, Hillery Parrack Exemption (1753 Wildfire Road) 2.33 Acres Residential/Commercial East: CO -Commercial West: RE -Rural Estate North: RE -Rural Estate South: E-Estate East: Residential/Commercial West: Residential North: Undeveloped (approved for 30 residential lots) South: Undeveloped 3. At a joint public hearing on November 3, 1999, the Board of County Commissioners and the Estes Park Town Board of Trustees adopted the official zoning map for the Estes Valley to implement the Estes Valley Comprehensive Plan. The zoning was a legislative rezoning that occurred valley -wide after extensive public hearings, mailings, and Findings and Resolution Nytes Rezoning Page 2 outreach regarding the Comprehensive Plan, proposed rezoning, and the Estes Valley Development Code. 4. During this process, staff made every effort to zone properties consistent with the known use of the property. At the time of the rezoning, the lot under consideration, as well as the adjoining lot to the east, were owned by Mr. Hillery Parrack. Mr. Parrack requested that the adjacent lot remain zoned "C" Commercial. That request was accommodated during the valley - wide rezoning process in 1999. Mr. Parrack did not request retention of the "C" Commercial zoning for the lot currently owned by Mr. Nytes. Therefore, the lot was rezoned from "C" Commercial to "E" Estate. 5. On February 24, 1998, prior to the "E" Estate rezoning, the property received a Special Exception from the County to allow a single-family dwelling and a shop building to be built in the commercial zoning district. The conditions of the Special Exception approval were: a. No outside storage of materials shall be allowed on the property; b. No outside storage or maintenance of vehicles shall be allowed; and, c. The shop building shall be an earth -tone color. 6. Mr. Nytes contends that when he_ purchased the property from Mr. Parrack the change of zoning, as recommended by the Estes Valley Plan, was not brought to his attention; he was not aware of the proposed change and would have requested that the zoning for the property remain "C" Commercial. 7. Staff and applicant agree that the full range of uses allowed under "CH" Heavy Commercial zoning would not be appropriate. Staff is recommending the rezoning be approved only for the existing uses on the site, which include a single-family residence (employee housing), the shop building, and storage of two (2) construction trailers. Additionally, the limitations imposed by the Special Exception approved in 1998 shall apply, with the exception that the definition of outside storage will not include the limited equipment currently located on the site. 8. Rezoning the subject property as requested would fit into the general scheme of development for the area. 9. To rezone the area as requested would thus promote the harmonious development of the area, would be in the best interest of the people -of Larimer County, would increase the tax base, and would promote the convenience, prosperity and general welfare of the immediate inhabitants of the area. Findings and Resolution Nytes Rezoning Page 3 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 of Rock Solid Foundation/Jim Nytes to rezone the property described on Exhibit "A" from E-Estate to CH -Heavy Commercial be and the same hereby is approved and said property is rezoned from E-Estate to CH -Heavy Commercial as provided in the Larimer County Land Use Code subject to the following: 1. Permitted uses are limited to the existing single-family dwelling which may be used for employee housing , maintenance and repair services associated with the business on Elm Road, and with the shop building as shown on the site plan. 2. Equipment storage shall be limited to the equipment list provided by Mr. Nytes. 3. No outside storage of business or construction material shall be allowed on the property. 4. No outside maintenance of vehicles shall be allowed. 5. The shop building shall remain earth tone color. 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 Estes Valley, filed in the County Clerk's office, which is a part of the Estes Valley Development Code, to be amended and to amend the maps in the Larimer County . Planning Department in accordance with this resolution. Findings and Resolution Nytes Rezoning Page 4 Commissioner Rennels and Gibson voted in favor of the Findings and Resolution, and the same were duly adopted. Commissioner Wagner was absent. Dated this ( day of sec eryt2005. ,...coUNry -., By: ttttttt• (SEAL) i SEAL ATTEST: e BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO Chair DATE: ( 1 - t-O/ APPROVEP A` TO FORM: :SITE PN .N :I A,.E (CFPTK)N41......i PNING/USE VARiANCC T ACT 2, tttLLERY PARRACK EXEMPTKIN PORTION OF THE NW 1_/4 4F SECTICH 20, TytN. R72W OF THE 6tn PM, LARMER COUNTY, cQLortADD 75' l PARCEL 252OOE3 O-.q1 111 TRACT :/ 2.341 ACRES Existing Driveway ks, 27' 16V �r I 6O' ROW I WII.OFlRE ROAD `. �_a�i/rt/rrrrrza.� xrrrurtrrxi�rr rx Ail! ' rf/tst,��xf �'/fi.L.rr.li,ri.rii ri.rr rrlrlll/lllflALlli'�Ji!/J-1. N a r47'3o' W PA.*. ....r TRACT "A" R. WN HO n PF h I R. 8R015 3 ( Pp /111111111111.11•111M1 II 5. Nytes Rezoning Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 .11.1111111111 Estes Park, CO 80517 IIIIIIIIIIIIIIIIIII Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com DATE: September 6, 2005 REQUEST: To rezone a 2.3-acre lot from "E" Estate to "CH" Heavy Commercial. LOCATION: The site is located at 1753 Wildfire Road, within unincorporated Larimer County. OWNER: Rock Solid Foundation (Jim z,,z. RVNP i llibrak. , 1 USFS Nytes) APPLICANT/ADDRESS: Larimer County Recky Nountran 1 Wand Park USFS (Russ Legg is contact) r7r U10 STAFF CONTACT: Russ Legg RMNP Bnocitry USFS SITE DATA TABLE: Engineer: N/A Parcel Number: 2520000015 Development Area: 2.33-acres Number of Lots: One (Tract 2, Hillery Parrack Exemption) Existing Land Use: Residential/Commercial Proposed Land Use: Commercial/Residential Existing Zoning: "E" Estate Adjacent Zoning - East: "CO" Commercial North: "RE" Rural Estate West: "RE" Rural Estate South: "E" Estate Adjacent Land Uses - East: Residential/Commercial North: Undeveloped (approved for 30 residential lots) West: Residential South: Undeveloped Services - Water: Well Sewer: Septic Fire Protection: Estes Park Volunteer LARIMER COUNTY PLANNING STAFF REPORT BCC 09/06/05 SUBJECT NYTES REZONING PAGE PROJECT DESCRIPTIONBACKGROUND: This is a request to rezone a 2.3- acre lot from "E" Estate to "CH" Heavy Commercial. At a joint public hearing on November 3, 1999, the Board of County Commissioners and the Estes Park Town Board of Trustees adopted the official zoning map for the Estes Valley to implement the Estes Valley Comprehensive Plan. The zoning was a legislative rezoning that occurred valley -wide after extensive public hearings, mailings, and outreach regarding the Comprehensive Plan, proposed rezoning, and the Estes Valley Development Code. During this process, staff made every attempt to zone properties consistent with the known use of the property. At the time of the rezoning, the lot under consideration, as well as the adjoining lot to the east, were owned by Mr. Hillery Parrack. Mr. Parrack requested that the adjacent lot remain zoned "C" Commercial, and that request was accommodated during the valley -wide rezoning process in 1999. He did not request retention of the "C" Commercial zoning for the lot currently owned by Mr. Nytes, and the lot was rezoned from "C" Commercial to "E" Estate. On February 24, 1998, prior to the "E" Estate rezoning, the property received a Special Exception from the county to allow a single-family dwelling and a shop building to be built in the commercial zoning district. The conditions of the Special Exception approval were: 1. No outside storage of materials shall be allowed on the property; 2. No outside storage or maintenance of vehicles shall be allowed; and, 3. The shop building shall be an earth -tone color. Mr. Nytes contends that when he purchased the property from Mr. Parrack the change of zoning, as recommended by the Estes Valley Plan, was not brought to his attention; he was not aware of the proposed change and would have requested that the zoning for the property remain "C" Commercial. At the time of the zoning changes, every effort was made to zone according to the existing county zoning and the use of the property, which is evidenced by the fact that the adjacent property owned by Mr. Parrack was zoned "C" Commercial. If staff had received such a request for the Nytes property, it is very probable that the zoning would have remained in the commercial category. After the adoption of the valley -wide rezoning, there was a one-year timeline during which property owners could request reconsideration of potential errors. Mr. Nytes contends that he was unaware of the "E" Estate zoning for his property until the county brought zoning - violation action against him on September 20, 2004 for alleged violation of Special Exception condition #2, prohibiting outside storage of vehicles. Following that action, Mr. Nytes requested reinstatement of the "C" Commercial zoning that was effective in 1999. LARIMER COUNTY PLANNING STAFF REPORT BCC 09/06/05 SUBJECT NYTES REZONING After discussion with the County Attorney, the County Commissioners, and Estes Park Community Development staff, it was agreed that it wasn't useful to decide who was notified when. During the valley -wide rezoning, the guiding principal was to zone according to use; at that time, Mr. Nytes had already established his business use of the property. Therefore, Larimer County staff is bringing this rezoning request forward under the same provisions that were in effect during the one-year timeframe after the valley -wide rezoning. Staff, with the concurrence of the applicant, believes that the full range of uses allowed under "CH" Heavy Commercial zoning would not be appropriate. Staff is recommending the rezoning be approved only for the existing uses on the site, which include a single-family residence (employee housing), the shop building, and storage of two (2) construction trailers. Additionally, the limitations imposed by the Special Exception approved in 1998. shall apply, with the exception that the definition of outside storage will not include the limited equipment currently located on the site. STAFF & ESTES VALLEY PLANNING COMMISSION RECOMMENDATION: The Estes Valley planning Commission heard the item on August 16, 2005 and recommended unanimous approval, (see attached Minutes) based on the foregoing, Staff and planning commission recommends APPROVAL of the proposed rezoning of Tract 2, Hillery Parrack Exemption from "E" Estate to "CH" Heavy Commercial CONDITIONAL TO: 1. Permitted uses are the employee housing (existing single family residence), maintenance and repair services associated with the business on Elm Road, and with the shop building as show on the site plan. 2. Equipment storage shall be limited to the equipment list provided by Mr. Nytes. 3. No outside storage of business or construction material shall be allowed on the property. 4. No outside maintenance of vehicles shall be allowed. 5. The shop building shall remain earth tone. SUGGESTED MOTION: I move to recommend APPROVAL of the proposed rezoning of Tract 2, Hillery Parrack Exemption from "E" Estate to "CH" Heavy Commercial to the Board of County Commissioners with the findings and conditions recommended by staff and the Estes Valley Planning Commission. LARIMER COUNTY PLANNING STAFF REPORT BCC 09/06/05 SUBJECT NYTES REZONING 'Ilk "Ill' � q�lm dill IIIIUIIlloo,v u,,, III I�I � numm ' N'I 1 I oloollooloollloololoollo mmu 01111 111111 100 000100100001111111110 1I%l°II'V'I'1"I.� MNI'1l1� tNN i Iil I 00100 101000000000000 ��iYi� 011V0u�IIYROO I 40y,)111 I'�lI 000 0'010'..,011 01 ,i/e/ 010 01,400,0,14) 11\P At'" 10101A1114 )11 � rr� 11YE111'1I 61QIp IVui ?�s, Ws',� Iola. w' fib; Po B ,l IQN'„^ rrrrn;, J 1,(,4 ain illii,d,11)pilloVi 1111.'1VIk a 1'„!!,1 ^I I ''IiiVWINVIIiId+'4JI' II111I�NII1:Vlp�„�w'�1��1?I,M16I���r�4yl�lilu�1,1 uwwiouomu mu m Iuu��S, N Nu":Y;��jll'uV '':!i��XI1411iiYl'r �I^m."��iuuuVilitlVlV l7AB11.fiC�a�Jy! r oluli�i+��illl�lli�i�llll�j111lil!14111�,ilflu'„i rp,1l�,�''rii j MM MMuuul Ill on"° IIIIIIIIIIIIIMVM IIIIIIIIIIIIII Illl001111 o f l////&4/ ' �lt r l�fr/tUU11JJ1J1UlllU1➢pVr, %i%// t , roe � r�!! 1 � �,% atiri� irflf%% l ,, / !!!%n f fif // „�G� uNr' �I�� �uupuuq "" II r? � pql mi %N 0, r u MI 6 W �� �0 11 uil �� i 1I uu w r , Y11111111111111111111111111111111111111111111111 uulllllllllllllll 11 0001011111111111111111111111111111111111 1I filum III 11I1I lI �lIIIIIII II uuuumuuuuuuu°uuuu IIIIIIIIIuuu NNuIII p;pi(1I1IIIIiHI 1111111111111 Ilji„ IIII, IIIIImIllllIIIIIIIII I,I,IIIIIII�� IIIIIIIIIIIIII IIIIII1 IIIII1 HIa NIuu II III iuu liuul luli p� IIIIII� oII III �IV II 4 I IINNII1�� III IIIIIII „ ,11,, ", plll III 1 ill„ IIIIIII VII II III II I IIII V�IY III IIIIII �lu� 61 1 111 44 After discussion with the County Attorney, the County Commissioners, and Estes Park Community Development staff, it was agreed that it wasn't useful to decide who was notified when. During the valley -wide rezoning, the guiding principal was to zone according to use; at that time, Mr. Nytes had already established his business use of the property. Therefore, Larimer County staff is bringing this rezoning request forward under the same provisions that were in effect during the one-year timeframe after the valley -wide rezoning. Staff, with the concurrence of the applicant, believes that the full range of uses allowed under "CH" Heavy Commercial zoning would not be appropriate. Staff is recommending the rezoning be approved only for the existing uses on the site, which include a single-family residence (employee housing), the shop building, and storage of two (2) construction trailers. Additionally, the limitations imposed by the Special Exception approved in 1998 shall apply, with the exception that the definition of outside storage will not include the limited equipment currently located on the site. STAFF RECOMMENDATION: Based on the foregoing, Staff recommends APPROVAL of the proposed rezoning of Tract 2, Hillery Parrack Exemption from "E" Estate to "CH" Heavy Commercial CONDITIONAL TO: 1. Permitted uses are the employee housing (existing single family residence), maintenance and repair services associated with the business on Elm Road, and with the shop building as show on the site plan. 2. Equipment storage shall be limited to an equipment list to be provided by Mr. Nytes prior to County Commission hearing. 3. No outside storage of business or construction material shall be allowed on the property. 4. No outside maintenance of vehicles shall be allowed. 5. The shop building shall remain earth tone. SUGGESTED MOTION: I move to recommend APPROVAL of the proposed rezoning of Tract 2, Hillery Parrack Exemption from "E" Estate to "CH" Heavy Commercial to the Board of County Commissioners with the findings and conditions recommended by staff. Page #3 — Nytes Rezoning Mpg Nytes 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 DATE: August 16, 2005 REQUEST: To rezone a 2.3-acre lot from "E" Estate to "CH" Heavy Commercial. LOCATION: The site is located at 1753 Wildfire Road, within unincorporated Larimer County. OWNER: Rock Solid Foundation (Jim Nytes) APPLICANT/ADDRESS: Larimer County (Russ Legg is contact) STAFF CONTACT: Russ Legg SITE DATA TABLE: Engineer: N/A Parcel Number: 2520000015 Development Area: 2.33-acres Number of Lots: One (Tract 2, Hillery Parrack Exemption) Existing Land Use: Residential/Commercial Proposed Land Use: Commercial/Residential Existing Zoning: "E" Estate Adjacent Zoning - East: "CO" Commercial North: "RE" Rural Estate West: "RE" Rural Estate South: "E" Estate Adjacent Land Uses - East: Residential/Commercial North: Undeveloped (approved for 30 residential lots) West: Residential South: Undeveloped Services - Water: Well Sewer: Septic Fire Protection: Estes Park Volunteer PROJECT DESCRIPTION/BACKGROUND: This is a request to rezone a 2.3- acre lot from "E" Estate to "CH" Heavy Commercial. At a joint public hearing on November 3, 1999, the Board of County Commissioners and the Estes Park Town Board of Trustees adopted the official zoning map for the Estes Valley to implement the Estes Valley Comprehensive Plan. The zoning was a legislative rezoning that occurred valley -wide after extensive public hearings, mailings, and outreach regarding the Comprehensive Plan, proposed rezoning, and the Estes Valley Development Code. During this process, staff made every attempt to zone properties consistent with the known use of the property. At the time of the rezoning, the lot under consideration, as well as the adjoining lot to the east, was owned by Mr. Hillery Parrack. Mr. Parrack requested that the adjacent lot remain zoned "C" Commercial, and that request was accommodated during the valley -wide rezoning process in 1999. He did not request retention of the "C" Commercial zoning for the lot currently owned by Mr. Nytes, and the lot was rezoned from "C" Commercial to "E" Estate. On February 24, 1998, prior to the "E" Estate rezoning, the property received a Special Exception from the county to allow a single-family dwelling and a shop building to be built in the commercial zoning district. The conditions of the Special Exception approval were: 1. No outside storage of materials shall be allowed on the property; 2. No outside storage or maintenance of vehicles shall be allowed; and, 3. The shop building shall be an earth -tone color. Mr. Nytes contends that when he purchased the property from Mr. Parrack the change of zoning as recommended by the Estes Valley Plan was not brought to his attention; he was not aware of the proposed change and would have requested that the zoning for the property remain "C" Commercial. At the time of the zoning changes, every effort was made to zone according to the existing county zoning and the use of the property, which is evidenced by the fact that the adjacent property owned by Mr. Parrack was zoned "C" Commercial. If staff had received such a request for the Nytes property, it is very probable that the zoning would have remained in the commercial category. After the adoption of the valley -wide rezoning, there was a one-year timeline during which property owners could request reconsideration of potential errors. Mr. Nytes contends that he was unaware of the "E" Estate zoning for his property until the county brought zoning - violation action against him on September 20, 2004 for alleged violation of Special Exception condition #2, prohibiting outside storage of vehicles. Following that action, Mr. Nytes requested reinstatement of the "C" Commercial zoning that was effective in 1999. Page #2 — Nytes Rezoning A L • 2,520C1-00-Q1 LIJ