AGENDA DATE: 7/1/2015
TITLE:
Title
ZMA2012-008 Special Exception to Vary Estes Park Application Plan
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution approving a special exception to vary the approved Application Plan
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, Cilimberg, Benish, Yaniglos
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND:
A zoning amendment was approved for Estes Park (ZMA 2010-011) on April 11, 2012 that rezoned the property from R-1 to Planned Residential Development (PRD), inclusive of an Application Plan and Proffers, both of which were amended on December 2012 (ZMA 2012-008). A subdivision plat is now under review for this property (SUB 2014-186). There have been four previously approved variations. The Applicant has requested a special exception to allow a variation from the approved Application Plan to replace a privacy fence with landscape screening. The requested variation is necessary before the final certificate of occupancy can be approved by staff.
STRATEGIC PLAN:
Development Areas: Attract quality employment, commercial and high density residential uses into development areas by provided services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods.
DISCUSSION:
During the original rezoning for Estes Park (ZMA 2010-011), the adjacent neighbors within Forest Ridge (along Moubry Drive) requested that screening in the form of an eight (8) foot fence and landscaping be provided between the two developments. The applicant agreed and the screening was added to the Application Plan and remained on the Application Plan during the rezoning amendment (ZMA 2012-008) (Attachment C). Estes Park has since been added to the Forest Lakes HOA, and is under its covenants. One of the covenants prohibits privacy fencing; therefore, the applicant is requesting that the fencing be eliminated and replaced with additional landscaping in the form of Leyland Cypress Trees. The affected adjacent owners are in favor of this change as evidenced by their signature on the Applicant’s letter requesting the change (Attachment B).
County Code § 18-8.5.5.3 allows special exceptions to vary approved Application Plans and Codes of Development upon considering whether the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. County Code § 18-33.5(a)(1) requires that any request for a variation be considered and acted upon by the Board of Supervisors as a special exception. Staff opinion is that the requested variation meets the five criteria listed. A detailed analysis is provided in the Staff Report (Attachment A).
BUDGET IMPACT:
There are no budget implications related to this request
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment D) approving the special exception for variation #5 subject to the following condition:
1. The proposed landscaping shall be located solely on the Estes Park property.
ATTACHMENTS:
A. Staff Report
B. Applicant request and exhibits
C. ZMA2012-008 approved application plan
D. Resolution