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Home My WebLink AboutREZONE E to A-1 1640 Mary Lake Rd 2006-07-27SCOTT YLE, I II III III 111111111:".111111111111 LARIMEROCOUNTY LCOK RCPTN# 2006-0056343 01/21/2006 PAGES - 3 FEE $0.00 DOC $0.00 #622149 FINDINGS AND RESOLUTION Approving the Hardy Rezoning The request to rezone the property described on Exhibit "A" from E-Estate to A-1 Accommodations to correct an error in the zoning designation has heretofore been filed with the Board of County Commissioners of the County of Larimer. On January 17, 2006, the Estes Valley Planning Commission heard the request and recommended that the proposed rezoning be approved. On February 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 said request. The Board of County Commissioners having heard the testimony and evidence adduced at said hearing, and having considered and carefully weighed the same, and having received the recommendations of the Estes Valley Planning Commission, now makes the following findings: 1. Notice of this hearing was posted as required by law. 2. The County Planning Staff has made certain recommendations concerning this request, which recommendations are contained in the agenda for the February 21, 2006, meeting of the Board of County Commissioners and are filed with the record of this proposal. 3. Applicant proposes to rezone the subject property from E-Estate to A-1 Accommodations to correct a mistake that occurred with the 2000 Comprehensive Rezoning. Prior to the Comprehensive Rezoning, applicant's property located at 1640 Mary's Lake Road was zoned "A" Accommodations, as was everything in the area. The 2000 rezoning rezoned everything in the Ferguson's Subdivision, which adjoins this tract to the north, from "A" Accommodations to "E" Estate. 4. Every other property south of Ferguson's Subdivision was rezoned to "A-1 Accommodation." The subject property was incorrectly rezoned "E" Estate instead of A-1 Accommodation. 5. The existing and historic land uses of the property also supports correcting the zoning. The property is not a single-family lot. There are two units on the single lot. The 2000 rezoning rendered this lot non -conforming, which the Board of County Commissioners did not want to do. 6. When the rezoning notifications were sent out years ago, Dwight Adrian was the property owner (Hardy is his daughter). Mr. Adrian was in poor health at the time, and didn't return his "zoning card." Therefore, Staff was not notified of this mistake at that time. 17, Findings and Resolution Hardy Corrective Rezoning Page 2 RESOLUTION WHEREAS, the Board of County Commissioners has made its findings upon the request to rezone the property described on Exhibit "A" from E-Estate to A-1 Accommodations to correct an error in the zoning designation, 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 request, 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 request to rezone the property described on Exhibit "A" from E-Estate to A-1 Accommodations be and the same hereby is approved. Commissioners, Wagner and Gibson voted in favor of the Findings and Resolution, and the same were duly adopted. Commissioner Rennels was absent. DATED this 2101 day of TIAXV-1 By: , 2006. BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO Chair Dated: Approved as to fortn: Asst. y Attorney N P A-s a!aaJ.ovpi,.wt* m WO _ as sw s ai�i ii NY011 INA ACLII t/6 YS C 'MIS io t/T/T AB t/t AN .i0 i/T EN MAIMS .dMOZS2i 3 4-1 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission January 17, 2006, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Joyce Kitchen; Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Betty Hull, Doug Klink, and Edward Pohl Attending: Commissioners Amos, Eisenlauer, Hix, Hull, Kitchen, Klink, and Pohl Also Attending: Town Attorney White, Town Board Liaison Homeier, Planner Chilcott, and Recording Secretary Roederer Absent: Director Joseph, Planner Shirk Chair Kitchen called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA Estes Valley Planning Commission minutes dated December 20, 2005. It was moved and seconded (Hix/Hull) that the Consent Agenda be accepted, and the motion passed unanimously. 2. ELECTION OF OFFICERS Commissioner Hull nominated Commissioner Pohl for Chair. The motion was seconded by Commissioner Klink and it passed unanimously, with Commissioner Pohl abstaining. Commissioner Hix nominated Commissioner Hull for Vice -Chair. The motion was seconded by Commissioner Pohl and it passed unanimously, with Commissioner Hull abstaining. It was moved and seconded (Pohl/Hull) that the Community Development Department Administrative Assistant or designee be appointed as Recording Secretary, and the motion passed unanimously. 3. PUBLIC COMMENT None. 4. REZONING, Metes and Bounds, Section 35, T5N, R73W of the 6th PM, 1640 Mary's Lake Road, Applicant: Terri Adrian Hardy Planner Chilcott reviewed the staff report. She stated this is a request to rezone the applicant's property from E—Estate to A-1—Accommodations in order to correct a zoning error that occurred during the 2000 comprehensive rezoning of the Estes Valley. Prior to the rezoning, the property was zoned A —Accommodations, as was all the property in the area. As a result of the rezoning, the properties in Ferguson's Subdivision, which adjoins this tract on the north, were rezoned to E—Estate due to the single -family -residential character of that subdivision, while properties south of Ferguson's Subdivision were rezoned to A-1—Accommodations. The current and historic use of the applicant's property is not single-family as provided for under E—Estate zoning. There are two units on this single lot, which was rendered non -conforming by the 2000 rezoning. Both units were occupied until RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 January 17, 2006 recently, when applicant's father, Dwight Adrian, passed away. At the time the rezoning notifications were sent to property owners, Mr. Adrian, who owned the property at that time, was in poor health and did not respond to the notification. The rezoning request is consistent with the Estes Valley Comprehensive Plan and other relevant land -use plans. Adequate public facilities exist to serve both units on the property. Based on the lot size, the maximum allowable density is four units prior to site -specific adjustments. Planning staff recommends approval of the rezoning request. Public Comment: Lonnie Sheldon of Van Horn Engineering and Surveying was present to represent the applicant; he stated his support of staff's recommendation for approval. It was moved and seconded (Klink/Hix) to recommend approval of the Rezoning of Metes and Bounds, Section 35, T5N, R73W of the 6th PM, from E- Estate to A-1-Accommodations to the Board of County Commissioners, and the motion passed unanimously. 5. SPECIAL REVIEW 06-01, Estes Park Medical Center, Hospital Addition, located in Section 25, TSN, R73W of the 6th PM, Applicant: Park Hospital District, Estes Park Medical Center Planner Chilcott reviewed the staff report. She stated this is a special review application to allow the Park Hospital District to expand and remodel their existing facilities at the Estes Park Medical Center. It will be reviewed by the Estes Park Town Board of Trustees. This is also a location and extent review, which means that the Park Hospital District can override a Town Board decision or a specific condition, provided they follow the procedures outlined in the Colorado Revised Statutes. The property is located at 555 Prospect Avenue and is approximately 9.3 acres in size. It is surrounded by residential uses and zoning. Although alternate sites were considered for the hospital, an addition to the existing building at the current location was the most cost-effective option. The most significant features of the expansion and remodel are as follows: 1. The main building is currently 87,254 square feet in size; an addition of approximately 60,000 square feet is proposed. 2. The new building and remodeled areas will meet current local, state, and federal requirements. This includes federal privacy requirements in addition to building code requirements. 3. The Estes Park Medical Center, which currently has sixteen hospital beds in ten rooms, one operating room, and one procedure room, will be expanded to twenty-two beds in twenty-two rooms, two new operating rooms, and one new procedure room. The old procedure room and operating room will be converted to other uses. 4. The Family Medical Clinic, which was built to house five physicians, but currently houses seven, will be expanded to house nine physicians. 5. One main entrance for all hospital services will be provided on the northeast side of the building in approximately the same location as the current entrance to the Family Medical Clinic. The upper entrance to the Estes Park Medical Center will remain but will not be the primary entrance. 6. The lower parking lot will be remodeled and expanded. Thirty-two parking spaces, including five accessible spaces, will be added, raising the total parking spaces from 182 to 214. No remodel or expansion of the upper parking lot is proposed. Terri Adrian Hardy PO Box 3427 Carefree, AZ 85377 RE: Hardy Corrective Rezoning Dear Mrs. Hardy: This letter is to inform you that the Larimer County Board of Commissioners voted 2-0 (one absent) to approve the Hardy Rezoning of property located at 1640 Mary's Lake Road (PID 3535400020) from "E" Estate to "A-1" Accommodations at their regularly scheduled February 21, 2006 meeting. If you have any questions regarding this matter, please feel free to contact me at 577- 3729. Thank you. Respectfully, David W. Shirk, AICP Planner cc: Van Horn Engineering http://www.estesnet.com (970) 586-5331 P.O. BOX 1200 ® 170 MAC GREGOR AVENUE ESTES PARK, CO 80517 Town of Estes Park Community Develo • ment Memo To: Estes Valley Planning Commission From: Dave Shirk, Planner Date: 1/5/2006 Re: Hardy Rezoning —1640 Mary's Lake Road Background. This is a request to correct a mistake that happened with the 2000 Comprehensive Rezoning. Prior to this rezoning, 1640 Mary's Lake Road was zoned "A" Accommodations, as was everything in the area. The 2000 rezoning rezoned everything in the Ferguson's Subdivision, which adjoins this tract to the north, from "A" Accommodations to "E" Estate. One reason Staff views this as a corrective rezoning is because every other property south of Ferguson's Subdivision was rezoned to "A-1." This property was rezoned "E" Estate. Other factors as to why this is corrective are the existing and historic land uses of the property: it is not a single-family lot. There are two units on the single lot. The 2000 rezoning rendered this lot non -conforming, which the Board of County Commissioners did not want to do. A final factor is when the rezoning notifications were sent out years ago, Dwight Adrian was the property owner (Hardy is his daughter). Mr. Adrian was in a poor state of health at the time, and didn't return his "zoning card." As such, Staff was not notified of this mistake at that time. Staff Findings and Recommendation: Based on the foregoing, Staff finds 1. The rezoning is a correction to the 2000 comprehensive rezoning; 2. The rezoning is consistent with the Estes Valley Plan and surrounding zoning; and 3. The rezoning will correct a lot inadvertently rendered nonconforming with the 2000 comprehensive rezoning. 1 PAGE FM' Hardy Corrective Rezoning imminnowinim 1111111111.111111111 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 * 1. DATE: February 21, 2006 REQUEST: This is a request to correct a mistake that happened with the 2000 Comprehensive Rezoning. LOCATION: 1640 Mary's Lake Road APPLICANT/OWNER: Terri Adrian Hardy, PO Box 3427, Carefree, AZ 85377 STAFF CONTACT: Dave Shirk APPLICABLE LAND USE CODE: Estes Valley Development Code DISCUSSION: This is a request to correct a mistake that happened with the 2000 Comprehensive Rezoning; the property should have been zoned "A-1" Accommodations instead of "E" Estate. Prior to this rezoning, 1640 Mary's Lake Road was zoned "A" Accommodations, as was everything in the area. The 2000 rezoning rezoned everything in the Ferguson's Subdivision, which adjoins this tract to the north, from "A" Accommodations to "E" Estate. One reason Staff views this as a corrective rezoning is because every other property south of Ferguson's Subdivision was rezoned to "A-1." This property was rezoned "E" Estate. Other factors as to why this is corrective are the existing and historic land uses of the property: it is not a single-family lot. There are two units on the single lot. The 2000 rezoning rendered this lot non- conforming, which the Board of County Commissioners did not want to do. A final factor is when the rezoning notifications were sent out years ago, Dwight Adrian was the property owner (Hardy is his daughter). Mr. Adrian was in a poor state of health at the time, and didn't return his "zoning card." As such, Staff was not notified of this mistake at that time. LARIMER COUNTY BCC 2/21/06 PLANNING STAFF REPORT SUBJECT Hardy Corrective Rezoning 3 ACLU 14191, '9rDIES t/t=eioonAstotit WtdOt/tEtlt ARAMS aaNOZIRt a 3 cva e 1.30 WIIMM 1 tt,! 4rq�.ftnz� 34btr ;1W2b 1 rr i rr ✓ r'° ✓ ,✓r rr' g .✓'✓ rrr r Ek aPq 9 FF Y 8 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 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 Approved Rezoning / Terri Adrian Hardy 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 Approved Rezoning / Terri Adrian Hardy 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 Approved Rezoning / Terri Adman Hardy 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 teens and Meanings of the above named acts. 7. That the said annexed Notice of Approved Rezoning / Terri Adrian Hardy 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 February 24, 2006 and that the last publication was in the issue dated February 24, 2006. Bill Ferguson Subscribed and sworn to me this 28th day Of Februayy, 2006. Andrea E. Leber, Notary Public My commission expires January 28, 2009 (Published in the Trail-Gazett Fri., Feb. 24, 2006.) NOTICE Notice' is hereby given that on February 2t, 2tfo6 the Larimer; County Board of County, Commissioners approved a Rezoning for the property and pur- pose described below. Approval of3 this dezonina oreeates a vested] property right pursuant to Colorado; Legal Description Metes and Bounds, S35-T5 R73W 1640 Mary's Lake Road Tyne and Intensity of Use: E Estate Rezone from E-Esfate zoning A-y Accommodations zoning Annlicant: Terri Adrian Hardy 0 Therefore, Staff recommends APPROVAL of the rezoning of 1640 Mary's Lake Road, as delineated ODthe submitted rezone survey from "E"Estate b]"A-1"Accommodations. Suggested Motion: | move to rHCoO00eOd approval of the rezoning Of 1840 K48ry'8 Lake Road from "E"Estate tO'A-1"Accommodations k}the Board UfCounty Commissions. Other Options: DENIAL: | move DISAPPROVAL ofrezoning of1840 K4orya Lake 0nad, an delineated on the submitted rezone survey from "E" Estate to "A-1 " Accommodations because... (state reason for denial - |move to continue rezoning of1640 M8ry's Lake Road, as delineated UD the SUbDliMBd [ezUO8 survey from "E" Estate to "A-1"/\CCO[O[DOd8tiOOG because . . . (state reason for continuance - findings), Submittal Date: I � TOWN OF ESTES PARKDEVELOPMENT APPLICATION ) S ES VALLEY DEVELOPMENT CODJE�,, r," ~/ Development Plan Special Review Rezoning Petition Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat General Information Project Name Project Description Legal Description Parcel ID # Project Address ReoordDwner(a) Mailing Address Telephone Noe. Applicant Mailing Address Telephone Nos. �Boundary Line Adjustment [- ROW uvEasement Vacation �- Street Name Change �- Time Extension Other: Please list le � Condominium Map r Preliminary Map F- Final Map ^� c Section 12HV Township - / Range 7. � 6 1) 3" ` Fax Contact Person Mailing Address Telephone Nos. Site Information Total Development Area Existing Land Use Existing Water Service Existing Sewer Service Existing Gas Service Existing Zoning Fax Open Space Area (acres) Proposed Land Use Proposed Water Service Septic Proposed Sanitary Sewer Service Lift Station required? /Vo k4' Proposed Zoning Site Access (if not onpublic street) �V 9, x�_/ .' ' ° Wetlands onSite? Yea - No �'Attachments � isted items may not be applicable for all applications. complete submittal requirements. Statement of Intent F~ Drainage Plan [- 3copies 0o|ded\m/plat orplan �- 11"X17"reduced copy ofplat orplan [- Names & Mailing Addresses (fAdjacent [- � Please refer to the EVDC and Appendix B for ISO Calculations Wetlands Report Geologic Hazard Mitigation Report Wildfire Hazard Mitigation Report Transmittal Letter Confirming Site Staking Property Owners (see Property Owner Notification hand-out) �| Town �Estes Park �P.O.Box l200 -c,l7OMacGregor Avenue �Estes Park, CO 80517 Tel: (970577-3721 ,c, Fox: (970586-0249 ~a www.esteonetcom erieJ FEE SCHEDULES 12EVELOPMEN' 'S WITHIN THEZOWN OF ESTES PARK AND TtlE UNINCORPORATD ESTES VALLEY See the appropr ate Town or County fee schedule, All requests for refunds must be made in writing. All fees are due at the lima of subnr ittal.Submittals will not be accepted unless the fees have been pald. APPLICANT CERTIFICATION I hereby certify tat the information and exhibits herewith submitted are true and correct to the best of my knowledge and that In fIllnu the application I am acting with the knowledge and consent of the owners of the property. In submitting the ;.pplIcation materials and signing this application agreement, I acknowledge and agree that the application is si. bjeot to the applicable processing and public hearing requirements set forth in the Estes Valley Development Co le (EVDC), 1 acknowledge th at I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to co Isult the relevant provisions governing the processing of and decision on the application. I understand that this propose may be delayed in processing if the information provided Is Incomplete, inaccurate or submitted atter the deadline date I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application two by the Town does not necessarily mean that the application Is complete under the applicable requirements of I he EVDC. The Community Development Department will notify the applicant in writing of the date on which the application isdetermined to be complete, I grant perrnissioli for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property durir g the review of this applicaton. Signatures: Record Own r MINERAL RIGHT CERTIFICATION _ Date Date On JUly 1, 2001, House Bill 01-1088 became effective. This legislatien requires applicants for Development Plana, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and I 'Hal Condominium Mos to give notice of their application to ail mineral estate owners where the surface estate an d the mineral estate have been severed, Thie notice must be given So days prior to the first hearing on an aPelleatIon for development. I hereby certify thl it the provisions of House Bill 01-1088 Section 24-65.5-103 CPIS have been met. Signature= Record Own( tr Applicai it nonoomoOnen La Eted-Le92) V 2 3 2X)5 Date 5 W ' 5 8/29/2005 T 39Vd 91,11H33NION3 NelOH NA 2/F2/It /