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HomeMy WebLinkAboutPACKET Estes Park Board of Adjustment 2023-05-02BOARD OF ADJUSTMENT – TOWN OF ESTES PARK 170 MacGregor Avenue – Town Hall Board Room Tuesday, May 2, 2023 9:00 a.m. Estes Park, CO 80517 The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and posted to YouTube and www.estes.org/videos within 48 hours. AGENDA AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1.Board of Adjustment Minutes dated April 4, 2023 ACTION ITEMS: 1.Variance Request 1895 Fall River Road Senior Planner Woeber Two variance requests to increase allowable square footage for employee housing 2.Variance Request 160 S St. Vrain Ave Planner I Washam Request of 16.4 foot and 6.9 foot front setbacks in lieu of 25-feet required 3.Variance Request 281 W Riverside Dr Planner I Washam Eliminate the Front and Side Setback in lieu of the 8 and 10 feet required REPORTS AND DISCUSSION ITEMS: 1.Upcoming meeting items ADJOURN The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. April 26, 2023 1 2 Town of Estes Park, Larimer County, Colorado, April 4, 2023 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. The meeting was held in said Town of Estes Park on April 4, 2023. Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Board Member Holtzman, Community Development Director Jessica Garner, Planner I Kara Washburn, Recording Secretary Karin Swanlund Absent: none Chair Moreau called the meeting to order at 9:05 a.m. APPROVAL OF AGENDA It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The motion passed 3-0. ELECTION OF OFFICERS It was decided that Chair Moreau and Vice Chair Newsom would continue their positions for 2023. The vote was unanimous. VARIANCE REQUEST 510 Moraine Avenue Planner I Washam Planner Washam reviewed the staff report. The applicant requests approval of a variance to allow a reduced side setback of eight feet (8’) in lieu of the twenty-five foot (25’) setback required in the CO (Commercial Outlying) Zoning District under Section 4.4.C.4. of the Estes Park Development Code (EPDC). If approved, the applicant intends to construct a partially open pavilion. Public Comment: Chuck Scott, owner of Coffee on the Rocks, spoke on the floodplain issue and stated that there was no water on the site during the 2013 flood. The adjacent property owners to the south and west contacted him and had no problem with the variance. Discussion: none It was moved and seconded (Moreau/Holtzman) to approve the variance request for a reduced side setback of eight feet for the subject property addressed as 510 Moraine Avenue in the Town of Estes Park, with the findings as outlined in the staff report. The motion passed 3-0. VARIANCE REQUEST 281 W Riverside Dr. Planner I Washam It was moved and seconded (Moraue/Holtzman) to continue this item to May 2, 2023, Board of Adjustment meeting. There being no further business, Chair Moreau adjourned the meeting at 9:20 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary dra f t 3 4 1 COMMUNITY DEVELOPMENT Memo To: Chair Jeff Moreau Estes Park Board of Adjustment Through: Jessica Garner, AICP, Community Development Director From: Jeffrey Woeber, Senior Planner Date: May 2, 2023 Application: Variances for Total Square Footage and Cumulative Square Footage for Employee Housing 1895 Fall River Road Kinley Built LLC, Owner/Applicant David Bangs, Trail Ridge Consulting Engineers, Representative Recommendation: Staff recommends the Board of Adjustment approve the variance requests, subject to the findings described in the report. Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land Use): Mixed-Use Centers and Corridors Zoning District: CO (Commercial Outlying) Site Area: 2.3 Acres PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider and make a decision on a request from the Applicant for two variances. The first variance request would allow employee housing units to exceed the maximum allowable 800 square feet per unit. The second request would allow the total cumulative square feet of employee housing to exceed that of the total square footage of the commercial use. 5 Background The 2.3-acre subject property is in a CO (Outlying Commercial) Zone District and contains an existing structure, previously used for office and retail space. The current owner intends to continue the commercial/office use, add additional commercial/office area, and eight new employee housing units. Employee housing units are allowable as an Accessory Use under Section 5.2.C.2 of the Estes Park Development Code (EPDC). The Applicant submitted a Development Plan for the project, which relies on the requested variances in order to proceed. Variance Description: The Employee Housing use is subject to certain limitations under the standards within the EPDC. The applicant is requesting variances to the following two development standards: 1. EPDC Section 5.2.C.2.a.1.b., Additional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts – Employee Housing, to allow individual dwelling units used for employee housing to exceed 800 square feet of gross floor area. Eight, two-bedroom employee housing apartment units are proposed, each 1200 square feet in size. 2. EPDC Section 5.2.C.2.a.2.b., Additional Requirements for Specific Accessory Uses in Nonresidential Zoning Districts – Employee Housing, to permit total cumulative square footage of the employee housing units to exceed that of the principal use. Existing and proposed commercial/office square footage would total 8470 square feet. The total, cumulative square feet of the proposed employee housing is 9680 square feet, 1210 square feet more than allowed. Location and Context: The subject property is legally described as All of Binns Addition to the Town of Estes Park and is located on Fall River Road, approximately ¾ mile west of the intersection of Fall River Road and West Elkhorn Avenue. This area has a variety of zoning and established uses, including single-family and multi-family residential, accommodations and commercial. This area is a mixture of Town and unincorporated Larimer County, which includes properties adjacent to the subject property to the north, east and west. The unincorporated property to the west (on the north side of Fall River Road) contains an accommodations/lodge use. The unincorporated parcel to the east contains two single-family residences. Properties to the south across Fall River Road are within Town boundaries and contain single family residences and accommodations/cabins. 6 Vicinity Map Zoning Map 7 Zoning and Land Use Summary Table Comprehensive Plan Zone Uses Subject Site Mixed Use Centers & Corridors RM (Residential) Commercial/Office North Mountains and Foothills (County) Unincorporated Larimer County Undeveloped South Suburban Estate E-1 (Estate) Residential East Neighborhood Village Unincorporated Larimer County Residential West Mountains and Foothills (County) Unincorporated Larimer County Lodging 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 and 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. Staff Finding: Special circumstances exist, although not with the physical condition of the property. Employers in Estes Park and the Estes Valley have long faced serious challenges in hiring and retaining employees due to the lack of housing in the Estes Park area. The eight proposed employee housing units can alleviate these circumstances somewhat. The requested variance will not nullify or impair the intent and purposes of the employee housing standards, the EPDC, or the Comprehensive Plan. 2. 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: There may be beneficial use of the property without the variance. 8 b. Whether the variance is substantial; Staff Finding: The variance to exceed the 800 square foot maximum to 1200 square feet is 50 percent more than allowed. The variance to allow the employee housing to exceed the commercial square footage by 1210 square feet is somewhat substantial, 14 percent greater than what is allowed. The two- bedroom, two-bathroom apartments are more desirable and provide more flexibility than what is possible with the 800 square foot limitation, according to the applicant. 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 character of the neighborhood would not be substantially altered. There would be minor impacts to this area with the employee housing units being larger than allowable. However, adjoining properties would not suffer a substantial detriment if the variance is approved. Parking is adequate for the proposed uses. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Public services such as water and sewer will not be adversely affected by the variance. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The applicant was aware of the employee housing size requirements when the property was purchased. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: The applicant could add employee housing that is smaller, and meets the square footage requirements of the EPDC. There is no method other than the variance to establish the employee housing at the size that is proposed. 3. 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. 9 Staff Finding: The conditions affecting the Applicant’s property are not general or recurrent. 4. 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: N/A 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The proposed variance would be the least deviation from the EPDC regulations. 6. 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 zone district containing the property for which the variance is sought. Staff Finding: The proposed variance is for a use permitted as an Accessory Use in the CO Zone District. 7. 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 conditions. Reviewing Agency Comments: This request has been referred to all applicable review agencies staff for review and comment. There was no objection to the proposed variance. The Upper Thompson Sanitation District “…has no concerns with the Variance Request pertaining to square footage.” Public Works “…supports approval of the variances to facilitate the construction of new workforce/employee housing.” Town of Estes Park Utilities “…has no objections.” Staff notes there may be additional agency comments regarding the Development Plan application for the project. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. • Written notice was mailed to adjacent property owners on April 12, 2023. 10 • Legal notice published in the Estes Park Trail-Gazette on April 14, 2023. • The application was posted on the Town’s “Current Applications” webpage on February 20, 2023. Advantages: • Approval of the variance will allow development of more and larger employee housing units, which is needed in the Estes Park area. Disadvantages: • There may be a slight increase in traffic on Fall River Road when the employee housing is fully occupied. Action Recommended: Staff recommends approval of the variance request. Level of Public Interest: Low. To date, no public comments have been received for the variance application. Sample Motion: I move that the Board of Adjustment approve the variance requests, in accordance with the findings as presented. I move that the Board of Adjustment deny the variances, finding that [state findings for denial]. I move that the Board of Adjustment continue the variances to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Application Form 2. Statement of Intent 3. Proposed Site Plan 4. Proposed Architectural Plans 11 ESTES PARK BOARD OF ADJUSTMENT APPLICATION Lot Size Existing Land Use Proposed Land Use Existing Water Service OTown Proposed Water Service C Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Existing Gas Service XceI Site Access (if not on public street) Are there wetlands on the site? Town Water,UTSD,xcet Town Water,IJTSD,XceL Name of Primary Contact Person Nathan Kinley Complete Mailing Address Primary Contact Person is Owner Applicant Townãf Esles Park .P.O.Box 12W..W0JJOcGregor*ehuè .Estes Park,CO 80517 Community Development Department Phone:(970)577-3721 .e.Fox:(970(586-0249 -e.w’w.estes.org/CommunityDevelopment 2 \,\Revised 2020.4&)ks 1lSubmittal Date:2/15/2023 Record Owner(s):Kintey Built LLC Street Address of Lot:1895 Fall River Road Legal Description:Lot: ___________ Block: Subdivision:Alt of finns Addition to tile Town of Estes Park Parcel ID #:3522105001 4.58 Tract: Commercial/Office Commercial/office,Wockfocce housing Zoning Commercial C C Well 0 Other (Specify) Well 0 Other (Specify) C EPSD 0 UTSD o EPSD 0 UTSO o Other C None No wetLands O Septic o Septic 0 Yes 0 No ‘Variapce Desired (Develoument Code Section #)‘___________________________________________________________increase worn torce nousing fry111 800 yIft to 1200 n.1/ft.EPDC S.Z.cl.l I nathan@kinLeybuilt.com C ConsultantlEngineer I Application fee (see attached fee schedule) Statement of intent (IlL!I standards in Section 3 r,f ILit I I copy (folded)of site plan (drawn aa scale of 1”=20’)** Z 1 reduced copy of the site plan (II X 17’) Z Digital copies of plats/plans in TIFF or PDF format emailed to planning©estes.org IThe site plan shall include information in Estes Park Development Code Appendix B.Vll.5. The applicant will be required to provide additional copies of the site plan after staff review (see the Board of Adjustment variance application schedule).Copies must be folded. ri) 12 KinLey Built,LLC 970-227-4865 Contact Information Cell Phone Fax Email nathan@kinLeybuilt.com Applicant Nathan KinLey Mailing Address 351 Moraine Aye,Unit A,Estes Park CO 80517 Phone 970-227-4865 Cell Phone Fax Email nathan@kinteybuiLt.com ConsultantlEngineer Davki Bangs,TraiL Ridge Consulting Engineers Mailing Address 2191 Larkspur Ave., Estes Park,CO 80517 Phone 970-308-8221 Cell Phone Fax Email dbangs@trailridgece.com DEVELOPMENT PROPOSAL UNDER REVIEW FOR THIS PROPERTY 970-577-3721 Record Owner(s) Mailing Address Phone 351 Moraine Aye,unit A,Estes Park CO 80517 APPLICATION FEES See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/Qlanninciforms All requests for refunds must be made in writing.All fees are due at the time of submittal. Revised 202004.01 ks 13 OWNER &APPLICANT CERTIFICATION As Owner,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and Cam the record owner of the property. fr As Applicant,I 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 I am acting with the knowledge and consent of the owners of the property. “In submitting the application materials and signing this application agreement,I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC,and that,prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: https://www.municode.com/library/CO/estes_valley/codes/development_code I 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 EPDC. I understand that this variance request may be delayed in processing by a month or more if the information provided is incomplete,inaccurate,or submitted after the deadline date. I understand that a resubmittal fee may be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees and Members of the Board of Adjustment with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Board of Adjustment Variance Application Schedule and that failure to meet 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. I understand that I am required to obtain a “Development Proposal Under Review”sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road.I understand that the corners of my property and the proposed building/structure corners must be field staked.I understand that the sign must be posted and the staking completed no later than ten (10)business days prior to the Estes Park Board of Adjustment hearing. I understand that if the Board of Adjustment approves my request,“Failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1)year of receiving approval of the variance may automatically render the decision of the BOA null and void.”(Estes Park Development Code Section 3.6.D) Names: Record Owner PLEASE PRINT:Nathan KinLey Applicant PLEASE PRINT:Nathan KinLey Signatures: Record Owner L L Date 2—)‘fZ? Applicant LAAZT Date l It’t Revised 2020.04.01 ks 14 PAGE 1 OF 3 February 15, 2023 Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for 1895 Fall River RD Variance To Whom it May Concern: Applicant is pleased to submit this Application for variance request for the property located at 1895 Fall River Road. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Park Development Code. Please refer to the Site Plan submitted herewith for specific details regarding the proposed project. Project Information The subject property is located at 1895 Fall River Rd. with approximately 2.3 acres of land area. The parcel is currently developed and contains an asphalt driveway/parking area and a commercial use building. The property is zoned CO- Commercial Outlying per the Estes Park Zoning District Maps. The project proposes the re-development of the property including new mixed use office space, 8 new residential units and preserving the existing building on the property under the same commercial/mixed use. The proposed residential units will be approximately 1,200 sq/ft. to accommodate two bedroom/2 bath floor plans. Construction will also include a new 29-stall parking lot, new utility services and improvements to the existing access driveway and parking lot.  Existing Commercial: 3,280sf; Proposed Commercial: 5,190sf Total Commercial: 8,470sf.  Proposed Residential: 9,680sf. The variance request is for 5.2.c.2.a  (1)(b) Individual dwelling units for employee housing shall not exceed 800 square feet of gross floor area.  (2)(b) In no case may the cumulative square footage of the employee housing units and accessory areas exceed that of the principal use. To accommodate the multiple needs as well as the challenge of a steep site, the building is grouped into a series of two-unit clusters, perhaps echoing a larger ‘townhome’ style of design, that step up in elevation from west to east. Each of the clusters is roughly scaled to match the 15 PAGE 2 OF 3 massing of the existing building on site. Eight residential workforce housing units appear to be four, reducing the apparent density, while still providing for individual entries. The commercial space is designed to be flexible to meet varying demands, from a space as small as 650sf up to the entire floor. Access to all commercial doors is via an accessible route. Apartment units are designed with a ‘main’ floor living (a story above the commercial) with access to grade on the north side. Second level of the apartment provides for two bedrooms which could be utilized by a couple, small family or two friends looking to share living expenses. The footprint of the top level is reduced to provide scale reduction at the roofline as well as maximize privacy. Materials are traditional to Estes Park, stone, and wood-appearance fiber-cement siding, to be painted in darker earth tone colors. Roofing will be primarily gray-brown asphalt shingle with some metal accents. Special Circumstances: The steepness of the lot, configuration of access and existing building make it difficult to provide two-bedroom ‘flats’ before quickly running out of space. Valley wide it understood that there is a significant need to provide affordable workforce housing. The two-bedroom apartment is by far the most sought after configuration. This configuration is very difficult to provide in under 800sf. Practical difficulty: Opportunities to provide employee housing with new developments should be encouraged within the Estes Valley. Provided housing to Employees is an essential item in support of a healthy business. Beneficial use without: The additional 400 Sq/Ft allows for practical living standards for working families in Estes Park. Substantial variance: The variance would be from a max of 800sf to 1,210sf in order to provide 2- story, 2-bedroom units. The steepness of the lot lends itself to the two-story solution, and 1,200sf is not an unreasonable size for a two-bedroom unit. Greater variances have been allowed in past for this type of use. Essential character/detriment: No negative effect. The character of the surrounding area is primarily accommodations, so the workforce use would not be incompatible. The buildings have been designed to bury into the hillside to reduce bulk and impact. The upper floor has also been designed to fit within a stepped roofline to further reduce massing. 16 PAGE 3 OF 3 Compliance with General Development and Subdivision Standards Zoning District Standards: Zoning is to remain unchanged. Zoned CO-Commercial Outlying Transportation: Transportation impact will not be affected by variance request. The 1895 Fall River Rd Development proposes an improved access route to Fall River Rd. Electric- Town of Estes Park The proposed variance will not affect existing electric services. Water- Town of Estes Park The proposed variance will not affect existing water services. Sewer- Upper Thompson Sanitation District The proposed variance will not affect existing sewer services. Natural Gas- Xcel Energy The proposed variance will not affect existing gas services. Communications/Broadband- TDS or Century Link The proposed variance will not affect existing communications services. Access Applicant proposes improving existing access drive to the site to provide two-way traffic and pedestrian access to the Fall River RD. Mapped Hazard Areas: The subject property is located within the mapped Steep Slope Hazard Area and Wildfire hazard area. The proposed variance will not impact the mapped hazard area. Proposed units to be built outside of the geologic steep slopes area and comply with all wildfire prevention according to EPDC. We thank you for time and consideration of the requested variance. 17 ∆ NEW 6 " D I P WATER S E R V I C E N E W B U R I E D P O W E R / C O M S E R V I C E NE W 6 " S D R 3 5 SA N S E R V I C E NEW 18" ADS NE W G A S SE R V I C E PROPOSED MULTI-USE COMMERCIAL BUILDING ARCH 100'-0"=7830.0' 7 8 1 0 7820 78 3 0 189' DISTRICT LANDSCAPE BUFFER 15 TREES 21 SHRUBS 192' FRONTAGE LANDSCAPE BUFFER 8 TREES, 19 SHRUBS PROPOSED PROJECT SITE OVERHEAD UTILITY OVERHEAD UTILITY POLE LEGEND SEWER MANHOLE TREE (SIZE NOT NOTED) CONCRETE SURFACE FOUND PROPERTY MONUMENTATION EASEMENT BOUNDARY EDGE OF ASPHALT SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELECTRIC METER SCALE: 1" = 30' 60'30'0 WATER MANHOLE 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2022 DAB WATER MAIN LINE DRAINAGE FLOWLINE WATER SERVICE LINE SETBACK LINE PROPOSED CONCRETE SURFACE 1895 FALL RIVER ROAD DEVELOPMENT PLAN NOTES: 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE RELIED UPON AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY PLAT. 2. EASEMENTS AND LOT LINE BOUNDARIES SHOWN HEREON ARE FROM A WARRANTY DEED RECORDED AT RECEPTION NO. 20220037232 AND WAS THE ONLY SOURCE USED FOR LOT LINE DETERMINATION AND EASEMENT RESEARCH. NO FURTHER RESEARCH WAS COMPLETED FOR THE CREATION OF THIS DEVELOPMENT PLAN. 3. CONTOURS SHOWN ARE AT A 1' INTERVAL AND ARE BASED UPON OBSERVED GPS ELEVATION AND 2013 LIDAR MAPPING. 4. ENGINEER DOES NOT WARRANT THE LOCATION OF ANY UNDERGROUND UTILITIES LOCATED WITHIN THE PROJECT AREAS. THOSE ARE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. 5. CONTACT INFORMATION: APPLICANT KINLEY BUILT, INC 351 MORAINE AVE ESTES PARK, CO 80517 CONSULTANT/CONTACT PERSON DAVID BANGS, P.E. TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK ,CO 80517 970-308-8221 6.LEGAL DESCRIPTION: ALL OF BINNS ADDITION TO THE TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO, AS KNOWN AS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER THAT IS NORTH 00 DEGREES 55 MINUTES EAST 169.66 FROM THE SOUTHEAST CORNER OF SAID DIVISION (THIS CORNER BEING SOUTH 88 DEGREES 58 MINUTES EAST 1301.0 FEET FROM THE CENTER QUARTER CORNER); THENCE SOUTH 73 DEGREES 58 MINUTES WEST 42.12 FEET TO THE NORTHERLY RIGHT OF WY OF STATE HIGHWAY NO. 34; THENCE ALONG THE RIGHT OF WAY OF SAID HIGHWAY NO. 34 NORTHWESTERLY ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 804.0 FEET A DISTANCE OF 386.91 FEET (RESULTANT CHORD BEING NORTH 48 DEGREES 56 MINUTES 43 SECONDS WEST 383.19 FEET); THIS POINT BEING 62.0 FEET FROM THE POINT OF BEGINNING OF THE CURVE (P.C.); THENCE NORTH 27 DEGREES 16 MINUTES 06 SECONDS EAST 239.19 FEET; THENCE SOUTH 89 DEGREES 05 MINUTES EAST 227.07 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THIS LINE SOUTH 00 DEGREES 55 MINUTES WEST 449.07 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. 7.STATISTICAL INFORMATION: ZONING DISTRICT - CO-COMMERCIAL OUTLYING SETBACKS - 25' FRONT, 15' SIDE, 15' REAR GROSS PROJECT AREA - 100,093.8 SF/2.30 AC PROJECT AREA IN FLOODPLAIN - N/A NET PROJECT AREA - 100,093.8 SF EXISTING COMMERCIAL SQUARE FOOTAGE - 3,280 S.F. PROPOSED COMMERCIAL SQUARE FOOTAGE - 5,190 S.F. PROPOSED EMPLOYEE HOUSING - (8) 2 BEDROOM UNITS PARKING REQUIRED - 1 SPACE PER 400 SF BUSINESS SERVICES USE + 2 PER UNIT WORKFORCE HOUSING 8,470 S.F. / 400 S.F./SPACE + 8 UNITS * 2 SPACES/UNIT = 37 SPACES REQUIRED PARKING PROPOSED: 1 SPACE PER 400 SF BUSINESS SERVICE + 1 DEDICATED/1 SHARED SPACE PER WORKFORCE UNIT TOTAL PARKING PROVIDED - 27 SPACES (2 ADA) ALLOWABLE LOT COVERAGE - 80% PROPOSED LOT COVERAGE - 18,475 SF PAVING/WALKS + 7,948 SF BUILDINGS = 25,132 SF / 100,093.8 SF = 25.1% 8. ALL REQUIRED IMPROVEMENTS SHALL BE COMPLETED OR GUARANTEED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 9. THE OWNER SHALL BE REQUIRED TO PROVIDE FOR HANDICAP ACCESSIBILITY IN ACCORDANCE WITH THE A.D.A. AND U.B.C. 10. EXTERIOR LIGHTING SHALL COMPLY WITH EVDC CHAPTER 7.9. 11. APPROVAL OF THIS DEVELOPMENT PLAN CREATES A VESTED RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. OWNER'S CERTIFICATION THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY SHOWN ON THIS DEVELOPMENT PLAN, SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES VALLEY DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO PERTAINING THERETO. __________________________________________________ KINLEY BUILT, INC - NATHAN KINLEY APPROVAL APPROVED BY THE PLANNING COMMISSION CHAIR ON THIS _____ DAY OF ____________________, 20_____. __________________________________________________ ______________________, PLANNING COMMISSION CHAIR VICINITY MAP SCALE: 1" = 1000' LANDSCAPE NOTES: 1. ALL DISTURBED AREAS SHALL BE RESTORED TO NATURAL-APPEARING LAND FORMS, WITH CURVES THAT BLEND IN WITH ADJACENT UNDISTURBED SLOPES. ABRUPT ANGULAR TRANSITIONS AND LINEAR SLOPES SHALL BE AVOIDED. 2. ALL AREAS DISTURBED BY GRADING SHALL BE RE-VEGETATED WITHIN ONE GROWING SEASON AFTER CONSTRUCTION USING A SUBSTANTIAL MIXED STAND OF NATIVE GRASSES AND GROUND COVERS. THE DENSITY OF THE REESTABLISHED GRASS VEGETATION AFTER ONE GROWING SEASON SHALL BE ADEQUATE TO PREVENT SOIL EROSION AND INVASION OF WEEDS. 3. ALL PORTIONS OF THE SITE WHERE EXISTING VEGETATIVE COVER IS DAMAGED OR REMOVED, THAT ARE NOT OTHERWISE COVERED WITH NEW IMPROVEMENTS, SHALL BE SUCCESSFULLY RE-VEGETATED WITH A SUBSTANTIAL MIXED STAND OF NATIVE OR ADAPTED GRASSES AND GROUND COVERS. 4. ON MAN-MADE SLOPES OF 25% OR GREATER, PLANT MATERIALS WITH DEEP ROOTING CHARACTERISTICS SHALL BE SELECTED THAT WILL MINIMIZE EROSION AND REDUCE SURFACE RUNOFF. ALL MAN-MADE SLOPES GREATER THAN 50% WILL BE MULCHED AND NETTED TO ENSURE ADEQUATE STABILIZATION AND RE-VEGETATION. 5. TO THE MAXIMUM EXTENT FEASIBLE, TOPSOIL THAT IS REMOVED DURING CONSTRUCTION SHALL BE STOCKPILED AND CONSERVED FOR LATER USE ON AREAS REQUIRING RE-VEGETATION OR LANDSCAPING, SUCH AS CUT-AND-FILL SLOPES. 6. NO TREES OR VEGETATION SHALL BE REMOVED OUTSIDE THE APPROVED LIMITS OF DISTURBANCE. 7. CONIFER TREES SHALL BE SIZED AS 50% EIGHT FEET TALL AND 50% AT SIX FEET TALL AT PLANTING. DECIDUOUS TREES SHALL BE SIZED AS 50% AT FOUR INCH CALIPER AND 50% AT TWO INCH CALIPER PLANTING. SHRUBS SHALL BE 5 GALLON CONTAINER OR LARGER AT PLANTING. 8. ALL PLANT MATERIAL SHALL MEET THE AMERICAN ASSOCIATION OF NURSERYMEN SPECIFICATIONS FOR NUMBER 1 G0RADE AND SHALL COMPLY WITH THE QUALITY STANDARDS OF THE COLORADO NURSERY ACT, TITLE 35, ARTICLE 25, C.R.S., AS AMENDED. 9. ALL LANDSCAPES SHALL INCLUDE A PROPERLY FUNCTIONING AUTOMATED SPRINKLER SYSTEM WITH INDIVIDUAL DRIP LINES FOR NATURAL AREAS. SPRINKLER SYSTEM TO BE TEMPORARY FOR PLANT ESTABLISHMENT. SPRINKLER SYSTEM TO BE IN PLACE FOR A MINIMUM OF 18 MONTHS. 10. REQUIRED LANDSCAPING SHALL BE MAINTAINED IN A HEALTHY, GROWING CONDITION AT ALL TIMES. THE PROPERTY OWNER IS RESPONSIBLE FOR REGULAR IRRIGATING, PRUNING, WEEDING, MOWING, FERTILIZING, REPLACEMENT OF PLANTS IN POOR CONDITION AND OTHER MAINTENANCE OF ALL PLANTINGS AS NEEDED. 11. ALL TREES SHALL BE STAKED, GUYED AND FENCED TO PROTECT FROM WILDLIFE DAMAGE. NO CHAIN LINK FENCING SHALL BE ALLOWED TO PROTECT LANDSCAPING FROM WILDLIFE DAMAGE. 12. DEPARTMENT OF WILDLIFE SHALL NOT BE RESPONSIBLE FOR DAMAGE BY WILDLIFE. LANDSCAPE REQUIREMENTS: DISTRICT BUFFER: 8 EVERGREEN TREES AND 11 SHRUBS PER 100 FEET PROPOSED DISTRICT BUFFER REQUIREMENTS - 189 LF DISTRICT BUFFER, 15 TREES AND 21 SHRUBS REQUIRED STREET FRONTAGE BUFFER: 1 EVERGREEN TREE PER 25 FEET AND 1 SHRUB PER 10 FEET PROPOSED STREET FRONTAGE BUFFER - 192 LF STREET FRONTAGE BUFFER, 8 TREES AND 19 SHRUBS REQUIRED PARKING LOT BUFFERS: N/A COVERED BY DISTRICT BUFFER AND FRONTAGE BUFFER IMPERVIOUS COVERAGE BUFFER: 1 TREE AND 3 SHRUBS FOR EVERY 1000 SF IMPERVIOUS COVERAGE PROPOSED IMPERVIOUS COVERAGE REQUIREMENTS - 25,132 SF = 25 TREES AND 75 SHRUBS TOTAL REQUIRED LANDSCAPE: 38 TREES AND 115 SHRUBS EXISTING LANDSCAPE: 15 TREES AND 0 SHRUBS NEW LANDSCAPE: 23 TREES AND 115 SHRUBS TOWN ENGINEER'S CERTIFICATE APPROVED BY THE TOWN ENGINEER OR ESTES PARK COLORADO ON THIS _____ DAY OF ____________________, 20_____. __________________________________________________ ____________________, TOWN ENGINEER 18 BAS1S.com Estes Park, Colorado 80517 1692 Big Thompson Ave, Ste 100 A1Sheet No:970.586.9140 Sheet Title: Date: Architecture, P.C. Issue: © BASIS D-Plan Architecturals Kinley Built Mixed Use/Workforce Housing 2/15/2023 Develpmt Plan A R C H I T E C T U R E P. C. UP UP UP UP UP UP 36 ' - 0 " 160'-8" 2' - 0 " 40'-0" 100'-0"100'-6"101'-0"101'-6"102'-0"103'-0"103'-6"104'-0" 100'-0"100'-6" 101'-0"101'-6"102'-6"103'-0" 103'-6"104'-0" FDW F DW FDW F DW FDW F DW FDW F DW DN DN DN DN DN DN UP UP UP UP UP UP UP UP 115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0"115'-0" W/D W/D W/D W/D W/D W/D W/D W/D DN DN DN DN DN DN DN DN 12 8 12 8 128 128 ASPHALT SHINGLES WEATHERED WOODFIBER CEMENT VERTICAL CHANNEL SIDING, DARK BROWN FIBER CEMENT LAP SIDING, DARK BROWN FIELDSTONEBALCONIES BLACK METAL RAILINGS ALUMINUM STOREFRONT AT COMMERCIAL SPACES METAL ROOF, VERTICAL WEATHERED WOOD AT UNIT ENTRIES FIBER CEMENT BOARD + BATTEN DARK BRONZEDARK SKY LIGHT FIXTURE, TYP 1212 124 29 ' - 6 " ASPHALT SHINGLES WEATHERED WOOD FIBER CEMENT VERTICAL CHANNEL SIDING, DARK BROWN FIBER CEMENT LAP SIDING, DARK BROWN FIELDSTONE RAILING BALCONIES BLACK METAL RAILINGS APPROX LINE OF EXISTING GRADE Ridge + 140'-6" Lower Grade + 100'-6" Upper Grade + 115'-0" T.O. Wall + 134'-0" 12 8 12 8 128128 ASPHALT SHINGLES WEATHERED WOOD FIBER CEMENT VERTICAL CHANNEL SIDING, DARK BROWN FIBER CEMENT LAP SIDING, DARK BROWN DARK SKY LIGHT FIXTURE, TYP 3/32" = 1'-0" Ground Floor 3/32" = 1'-0" Apartment Main Level 3/32" = 1'-0" Apartment Upper Level 3/32" = 1'-0" South Elevation 3/32" = 1'-0" West Elevation 3/32" = 1'-0" North Elevation 5,190 SF COMMERCIAL 680 SF/UNIT 5,440SF TOTAL 530 SF/ UNIT 4,240SF TOTAL EA UNIT 680 SF/MAIN 530 SF/UPPER 1210 SF TOTAL 19 20 21 Community Development Memo To: Chair Jeff Moreau Estes Park Board of Adjustment Through: Jessica Garner, AICP, Community Development Director From: Kara Washam, Planner I Date: May 2, 2023 Application: Setback Variances for Front and Arterial Road 160 1st Street, Estes Park EPCO Properties LLC (Mark & Jean Rissmiller), Owner/Applicant Jacob Gruver, Van Horn Engineering, Representative Recommendation: Staff recommends the Board of Adjustment approve the variance request, subject to the findings described in the report. Land Use: 2022 Estes Forward Comprehensive Plan Designation: (Future Land Use): Mixed-Use Centers & Corridors Zoning District: Commercial Outlying (CO) Site Area: 0.99 Acre PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: The applicant requests approval of a revised variance to allow a reduced front setback (1st Street) and a reduced arterial road setback (S. Saint Vrain Street) in order to construct a deck for outdoor seating at the El Mex-Kal Family Restaurant. Background: The subject property is located at the northern end of a strip mall owned by EPCO Properties LLC. The commercial center shares a large parking lot northeast of the building with on-street parking along CO-7 to the west, two spaces along the south side of the building, and four spaces along the northwest side of the restaurant. The proposed deck would eliminate the four parking spaces along the northwest side of the building and would accommodate up to thirty-two people or eight tables with four chairs. 22 2 The applicant requested a similar variance for reduced setbacks in 2022 and received approval from the Board of Adjustment on January 3, 2023 with conditions to remove all four parking spaces and install bollards (Attachment 4). The applicant is requesting the setbacks be further reduced by one and four-tenths feet (1.4’) along 1st Street and six and one-tenth feet (6.1’) along S. Saint Vrain Street in order to expand the proposed deck footprint closer to the sight visibility triangle, as depicted on the Site Plan (Attachment 3). Variance Description This is a request to approve a variance to allow a front setback of six and nine-tenths feet (6.9’) and an arterial road setback of sixteen and four-tenths feet (16.4’) in lieu of the eight and three-tenths feet (8.3’) and twenty-two feet six inches (22’-6”) variance approved by the Board of Adjustment on January 3, 2023 . The prior variance request is in lieu of the fifteen feet (15’) and twenty-five feet (25’) respective setbacks required in the CO (Commercial Outlying) Zoning District under Section 4.4.C.4. of the Estes Park Development Code (EPDC). The table below is provided for clarity, and Table 1 lists the requested setbacks (from the property line to the edge of the proposed deck) and the amount that the required minimum setbacks would be reduced if the variance request is approved. TABLE 1: SETBACK VARIANCE REQUEST Min. Setback per EPDC Previously Approved Setback Variance Request Amount Setback Reduced By (from EPDC): New Subject Setback Variance Request Additional Amount Setback Reduced By: Total Setback Reduction (from EPDC): Front Setback 15.0’ 8.3’ 6.7’ 6.9’ 1.4’ 8.1’ Arterial Road 25.0’ 22.5’ 2.5’ 16.4’ 6.1’ 8.6’ 23 3 Location and Context: The 0.99-acre lot is located at 160 1st Street, at the southeast corner of the intersection of 1st Street and S. Saint Vrain Street in Estes Park. The subject property and adjacent properties to the north, east, and south are zoned CO (Commercial Outlying). The property to the west, known as the Estes Park Convention Center, is zoned A (Accommodations). This area has a mixture of uses, including restaurants, retail, office, hospitality, and other services. 24 4 Vicinity Map Zoning and Land Use Summary Table Comprehensive Plan (2022) Zone Uses Subject Site Mixed-Use Centers & Corridors CO (Commercial Outlying) Commercial North Mixed-Use Centers & Corridors CO (Commercial Outlying) Gov/Organization South Mixed-Use Centers & Corridors R-2 (Two-Family Residential) Residential East Mixed-Use Centers & Corridors CO (Commercial Outlying) Commercial West Mixed-Use Centers & Corridors A (Accommodations) Hospitality 25 5 Zoning Map 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 and 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. Staff Finding: Special conditions exist, due to the location of the existing four parking spaces along the northwest side of the building. Eliminating these parking spaces could provide a safety benefit to the community as vehicles currently have to back up onto 1st Street. The requested variance will not nullify or impair the intent and purposes of the setback standards, the EPDC, or the Comprehensive Plan. 26 6 2. 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: There may be beneficial use of the property without the variance if the area remains as existing, with four parking spaces. However, the design and utility of the proposed deck would be constrained without the variance. b. Whether the variance is substantial; Staff Finding: The variance of the front setback is substantial due to the proposed setback being just over half of what is required by code. The arterial road proposed setback variance is minor when compared to the existing setback between the arterial road and the face of the building, which is substantially less than the twenty-five feet required by code. 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: Staff does not find that the mixed-use character of the immediate neighborhood would be altered, nor would adjoining properties suffer a substantial detriment as a result of the variance. d. Whether the variance would adversely affect the delivery of public services such as water and sewer. Staff Finding: Public services such as water and sewer will not be affected by the variance. The proposed deck will not obstruct the manholes used to access the grease interceptor. e. Whether the Applicant purchased the property with knowledge of the requirement; Staff Finding: The Applicant purchased the property years ago and prior plans to request a variance for constructing a deck are unknown. f. Whether the Applicant's predicament can be mitigated through some method other than a variance. Staff Finding: There is no alternative to mitigate the Applicant’s predicament aside from a complete redesign of the Project. 3. 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 27 7 make reasonably practicable the formulation of a general regulation for such conditions or situations. Staff Finding: Not applicable. 4. 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. 5. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. Staff Finding: The proposed variances would be the least deviations from the Development Code. 6. 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 zone district contained the property for which the variance is sought. Staff Finding: The applicant requests a setback variance in order to construct a deck for outdoor seating. Outdoor seating or food service is permitted by right in the CO (Commercial Outlying) zoning district per Table 4-4 of the EPDC. 7. 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 recommends that if the variance is approved and the deck constructed, temporary encroachment in the sight visibility triangle is prevented through design features. The applicant suggested a landscaping element and provided a sketch of a planter in the subject area (Attachment 2). Planning staff and Public Works staff find this proposal to be acceptable. 28 8 Proposed Planter Review Agency Comments The application was referred to all applicable review agencies for comment. Public Works requested additional information pertaining to how intersection visibility would be maintained. The resubmitted documents provided clarity and subsequent submittals were not required. No other agencies had concerns or comments. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, no written comments have been received for the variance request. • Written notice mailed to adjacent property owners on April 12, 2023 • Legal notice published in the Estes Park Trail-Gazette on April 14, 2023 • Application posted on the Town’s “Current Applications” website on April 12, 2023 Advantages This variance would allow El Mex-Kal to construct a deck that would be beneficial to the community of Estes Park by creating expanded business opportunities with outdoor seating. The proposed construction of the deck would eliminate the four parking spaces on the northwest side of the building. These spaces have posed a safety concern due to vehicles backing up directly onto 1st Street. The proposed deck will not encroach on the sight visibility triangle; design shows approximately 0.8’ of clearance. Design features will be in place to prevent temporary encroachment. 29 9 Disadvantages The proposed variance and deck construction would eliminate four parking spaces from the property. An informal traffic study provided by Van Horn Engineering suggests that existing parking remains sufficient for the property’s needs. Action Recommended Staff recommends approval of the proposed variance described in this staff report, with setbacks consistent with the El Mex-Kal Project plans provided in Attachment 3. Finance/Resource Impact N/A Level of Public Interest Low. Sample Motions I move to approve the variance request for reduced front setback and reduced arterial road setback for the subject property addressed as 160 1st Street in the Town of Estes Park, with findings as outlined in the staff report. I move to deny the requested variance with the following findings (state reason/findings). I move that the Board of Adjustment continue the variance to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments 1. Application 2. Statement of Intent 3. Site Plan for El Mex-Kal Setback Variance 4. Variance BOA Approval Letter (1-3-2023) 30 ISubrnittal Date: ESTES PARK PLANNING DEPARTMENT APPLICATION Project Name Droject Description Project Address Legal Description Parcel ID # EPCO Properties -160 S.St.Vram Setback Variance We want to build a concrete deock on the north side of the building for outside dining. 160 S.St.Vram Ave.,Estes Park,CO 80517 Lots 8-12,Block 2,REclamation Subdivision,Estes Park,CO 80517 2530206008 Septic Q Septic Li Application fee Q Statement of intent C 2 copies (folded)of plat or plan It’X 17’reduced copy of plat or plan 1043 Fish Creek Rd.,Estes Park,CO 80517 Please review the Estes Park Development Code Appendix B for additional submittal requirements,which may include ISO calculations,drainage report,traffic impact analysis,geologic hazard mitigation report, wIldfire hazard mitigation report,wetlands report,andior other additional information._r-:’c\—r V’ Town of Estes Part -P.O.Box 200 4.170 MacGregor Avenue-c.Estes Part. Community Development Deportment Phone:(970)577-3721 .e.Fox:t970)586-0249 4. € 800 8 Pre -App Development Plan Special Review Preliminary Subdivision Final Subdivision Plat Minor Subdivision Plat Amended Plat Plat o Boundary Line Adjustment0ROWorEasementVacationoStreetNameChangeTime O Rezoning PetitionoAnnexationRequestpExtension _____ tOthnr:_PH’’”’cifv IS Condominium Map o Preliminary Map O Final MapoSupplemental Map iflriP —J Lot Size 0.99 Acres Existing Land Use Commerical:Retail Area of Disturbance in Acres /Restaurant Commercial:Retail /RestaurantProposedLandUse Existing Water Service ETown Proposed Water Service ETown Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service C Xcel Existing Zoning Commercial Outlying Site Access (if not on public street) Are there wetlands on the site? C Well C Well C C None C Other (specify) C None C Other (specify) EPSD Q UTSD EPSD C UTSD Yes C Other C None Proposed Zoning Commercial No C None Yes Outlying Site staking must be completed at the time application is submitted.Complete? No Name of Primary Contact Person Jacob Gruver,Van Horn Engineering and Surveying Complete Mailing Address Primary Contact Person is C Yes F]No C Owner C Applicant E ConsultantIEnqineer LI Digital Copies of plats/plans in TIFF or PDF format emailed to planningestes.org C Sign Purchase ($10) 31 APPLICANT CERTIFICATION I 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 I am acting with the knowledge and consent of the owners of the property. 0 In submitting the application materials and signing this application agreement.I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). 0 I acknowledge that I have obtained or have access to the EPDC,and that,prior to filing this application,I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: htth:/fwww estes.ora/DevCode 0 I 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 EPDC. 0 I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete,inaccurate,or submitted after the deadline date. 0 I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. 0 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. 0 I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may 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. Names: Record Owner PLEASE PRINT:Mark D.RissmitLer Jean P.Rissmitter Applicant PLEASE PRINT Mark 0.Rissmiterr Record Owner L>i ftti4_4_JQ_<_Date S-b7/i-i-- Applicant s9 IL4._14,_iEe..L:8/ti /‘L Signatures: Date Revised 2020,04.23 ks 32