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HomeMy WebLinkAboutSTAFF REPORT Variance River Setback 375 Moraine Ave 2024-10-01 Community Development Memo To: Chair Jeff Moreau Estes Park Board of Adjustment Through: Steve Careccia, Community Development Director From: Paul Hornbeck, Senior Planner Date: October 1, 2024 Application: Variance Request for River Setback 375 Moraine Avenue Greg Davis, FCEP Properties, LLC., owner Van Horn Engineering and Surveying Inc., applicant Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the report. Future Land Use Designation (Estes Forward Comprehensive Plan): Downtown Zoning District: CO (Commercial Outlying) Site Area: 1.6 Acres (71,791 SF) ☒ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☐ RESOLUTION ☒ OTHER QUASI-JUDICIAL ☒ YES ☐ NO Objective: The Applicant requests approval of a variance to reduce the river setback to 5.5’ rather than the required 30’ under Section 7.6.E.1.a(2)(b) of the Estes Park Development Code (EPDC). Background: The Fun City amusement park consists of two parcels bisected by the Big Thompson River. A variance is sought to the required river setback on the north parcel for the construction of a new amusement ride, a spinning coaster. The spinning coaster would be built in the same general footprint of the existing bumper car building, which is proposed to be demolished. The zoning, land use, and future land use designation of surrounding properties is summarized in the table below. Historic aerial images show the existing bumper car 2 building has existed since at least 1985 and County records indicate the site was developed in the early to mid-1970s, prior to the adoption of river setback standards. Zoning and Land Use Summary Table Future Land Use Designation (Comp Plan) Zone Uses Subject Site Downtown CO (Commercial Outlying) Amusement Park North Downtown/ Suburban Estate CD (Commercial Downtown) & E (Estate) Office Building/ Single Family Residential South Downtown CO (Commercial Outlying) Amusement Park East Downtown CO (Commercial Outlying) Mixed Commercial West Downtown/ Mountains & Foothills CO (Commercial Outlying & EV RE1 (Larimer County Rural Estate) Amusement Park/ Moraine Ave Vicinity Map Moraine Ave 3 Zoning Map Variance Description The applicant desires to replace the existing bumper car building with a new amusement ride in the same general footprint which encroaches into the required 30’ river setback. The applicant requests a variance from Estes Park Development Code Sec. 7.6.E.1.a(2)(b) which requires a 30’ setback from the annual high-water mark of the river. The amusement ride would be constructed as close as 5.5’ from the highwater mark of the Big Thompson River. The existing building is located approximately 4.7’ from the river at its closest point. CD Subject Parcel E Moraine Ave CO 4 Site Images 5 Proposed Site Plan Project Analysis Review Criteria: The Board of Adjustment (BOA) is the decision-making body for variance requests. In accordance with EPDC Section 3.6.C., Variances, Standards for Review, applications for variances shall demonstrate compliance with the applicable standards and criteria contained therein. The Standards with staff findings for each are as follows: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated. Practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. 6 Staff Finding: The site was fully developed prior to the adoption of river setbacks in the Estes Park Development Code, creating a special circumstance. The requested variance will not have the effect of nullifying or impairing the intent and purposes of Section 7.6 of the Development Code – Wetlands and Stream Corridor Protection. The purpose and intent of that section is described as: The following requirements and standards are intended to promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions that stream and river corridors, associated riparian areas and wetlands provide. The hydraulic function of the river corridor will not be negatively impacted by the variance. The hydraulics of a river refer to the depth, velocity, and direction of flow. The proposed amusement ride would not impact the hydraulics of the river in normal conditions. In a flood event the hydraulic function of the river would not be impacted more than the current condition, as mandated by Estes Park Municipal Code Section 18.04.190, which prohibits encroachments that result in any increase in flood levels during the occurrence of the base flood discharge. Van Horn Engineering has demonstrated compliance with this requirement consistent with Federal Emergency Management Agency (FEMA) guidance. The Town’s floodplain consultant, Galloway Engineering, concurs with Van Horn’s findings and states “the real impact of the proposed site plan changes would be fewer blocked obstructions in the floodway, corresponding to increased conveyance area available during a flood event.” There will be no impact on the biological and ecological functions or aesthetic, recreational and educational functions of the river corridor greater than the current condition. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; Staff Finding: The existing bumper car building appears to be obsolete and in need of replacement. Despite being legally built in the 1970s, it cannot be replaced due to the adoption of river setbacks after it was built. There are no other open areas on the site which would allow for construction of the proposed replacement ride, meaning beneficial use of the property is greatly limited. b. Whether the variance is substantial; Staff Finding: The variance is not substantial compared to the current condition, and, in fact, slightly reduces the setback encroachment. 7 c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; Staff Finding: The essential character of the neighborhood will not be substantially altered with the variance and adjoining properties will not suffer a substantial determent. The new amusement ride will be located in the same general footprint as the existing building. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: The variance will not adversely affect the delivery of public services. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: Unknown. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The predicament cannot be mitigated through any other method. 2. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff Finding: Not applicable. 3. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. Staff Finding: Not applicable. 4. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The variance represents the least deviation from the regulations that will afford relief. 8 5. Under no circumstances shall the BOA grant a variance to allow a use not permitted or a use expressly or by implication prohibited under the terms of this Code for the zoning district containing the property for which the variance is sought. Staff Finding: Not applicable. 6. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. Staff Finding: Staff does not recommend any conditions. Review Agency Comments Public Works is not opposed to the variance request and finds the associated Development Plan is generally acceptable, subject to technical corrections. The development will require approval of a Floodplain Development Permit. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, Staff has received no inquiries regarding the variance request. ● Written notice mailed to adjacent property owners on September 13, 2024. ● Legal notice published in the Estes Park Trail-Gazette on September 13, 2024. ● Application posted on the Town's "Current Applications" website. ● Sign posted on property by applicant. Action Recommended Staff recommends approval of the proposed variance. Finance/Resource Impact N/A Level of Public Interest Little or none. Sample Motions I move to approve the variance with the findings as outlined in the staff report. I move to deny the variance with the following findings [state reasons/findings]. I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments 9 1. Application 2. Statement of Intent 3. Site Plan 17 July 2024 Fun City Attn: Paul Hornbeck, Senior Planner, Town of Estes Park, Colorado 375 Moraine Ave. Estes Park, CO 80517 Re: Statement of Intent for a Requested River Setback Variance Mr. Hornbeck, The intent of this letter is to detail a requested encroachment into the prescribed setback to the Big Thompson River. The Fun City property consists of two parcels, one on the north side of the Big Thompson River and one on the south. Given that all proposed changes are on the northern parcel, any reference to parcels in this letter refers to this parcel unless otherwise noted. The subject parcel is bordered by U.S.-36 (Moraine Ave) to the north, Crags Dr to the east, Estes Park Brewery to the west, and the Big Thompson River to the south. The Larimer County Assessor parcel number for the subject parcel is 3525392001, and the lot is zoned commercial outlying (CO) in the Town of Estes Park. There currently exists an enclosed building housing a bumper car attraction on the southeasterly portion of the parcel, approximately 4.7’ at its closest point from the north edge of the existing floodwall on the northern bank of the Big Thompson River. The best available aerial imagery suggests that this building has existed in its current location since at least 1993. The owner and applicant, Greg Davis, is requesting that the existing bumper car building be removed and replaced with an elevated spinning roller coaster. A letter was issued by Galloway regarding the flood blockages on site, in which the existing bumper car building was VAN HORN ENGINEERING AND SURVEYING LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING shown as a flood blockage. The pillars of the proposed roller coaster and fence around the perimeter also serve as flood blockages, meaning there is no proposed changes to the flood blockage locations on site. This proposed roller coaster will be no closer to the Big Thompson River than the existing bumper car building. It should be noted that the construction of the proposed roller coaster will commence immediately upon demolition of the existing bumper car building. A setback of 5.5’ to the Big Thompson River is being proposed, 24.5’ less than the setback prescribed by §7.6.E.1.a.(1) of the Estes Park Development Code (EPDC). See the accompanying site plan for better detail. This variance is being requested as part of an ongoing land use project currently undergoing the development plan review process. While the development review process is still ongoing, the departmental referral comments have been received and addressed in a separate document. For further clarification or information please contact me with the contact details below. Thank you for your consideration and I look forward to hearing from you in the future regarding this project, Regards, _________________________________ Jacob Gruver, for Van Horn Engineering on behalf of the owner, Greg Davis Project Manager jacobg@vanhornengineering.com (970)-586-9388 ext. 11