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HomeMy WebLinkAboutWZ-00-061 1 1 1 1 1 F O O T H I L L ENGINEERING '- CONSULTANTS, INC. 350 INDIANA ST. S U I T E 4 1 5 GOLDEN, CO 80401 303/278 -0622 FAX 303/278 -0624 t CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: Jan. 8, 2001 DATE PREPARED: Jan. 2, 2001 CASE NO. & NAME: WZ- 00- 06N.J. Properties for Vince Hopkins CASE MANAGER: M. Reckert ACTION REQUESTED: Rezone from R -3 and C -1 to PRD, outline and final development plan and plat approval LOCATION OF REQUEST: 4445 Parfet Street and 11050 W. 45` Avenue NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: V.J Properties, LLC 1090 Secrest Street Golden, CO 80401 Vince Hopkins 1090 Secrest Street Golden, CO 80401 1.32 acres R -2, R -3, C -1 single family (under construction), vacant N:A -1; S: C -1; E: R -2, R -3; W: r -2 SURROUNDING LAND USE: N: private school, low density residential; S: commercial; E: low density residential; W: low density residential COMPREHENSIVE PLAN FOR THE AREA: Single Family Detached Residential (not to exceed 4 do's per acre) DATE PUBLISHED: November 24, 2000 DATE POSTED: November 27, 2000 DATED LEGAL NOTICES SENT: November 27, 2000 (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Q SLIDES Q SUBDIVISION REGULATIONS (X) EXHIBITS Q OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant has applied for a three -fold request: 1. Approval of a zone change from Residential -Three and Commercial -One to Planned Commercial Development and an outline development plan on 4445 Parfet Street 2. Approval of a P.D. final development plan on 4445 Parfet Street 3. Approval of a two -lot minor subdivision on 4445 Parfet Street and 11050 W. 45' Avenue H. CASE HISTORY The property in question is addressed 4445 Parfet Street and 11050 W. 45` Avenue as it is "L- shaped" with frontages on both Parfet Street and 45` Avenue and with three separate zone classifications on it (Exhibit `A' of the Planning Commission report). A 75' wide Public Service Company easement traverses the property from southwest to northwest which complicates development of the property. In regard to the individual actions required, the applicant is requesting a rezoning from R -3 to C -1 to Planned Residential Development and approval of an outline development plan on 4445 Parfet. Approval of a Planned Residential Development final development plan on 4445 Parfet Street. The two -lot subdivision is being requested to separate off the R -2 portion (11050 W. 45` Avenue) from the southern portion (4445 Parfet Street). A single family home is currently being built on proposed Lot 2. In 1999, an application was submitted to rezone the southern portion from R -3 and C -1 to consolidate zoning as R -3 and for approval of a planned building group plan with an access variance. A two -lot minor subdivision was also requested to separate off the northern portion from the southern portion. Reference case numbers were WZ- 99 -14, MS -99 -05 and PBG- 99 -02. These cases were reviewed at a public hearing in front of Planning Commission on March 2, 2000 where the zone change request was denied. The minor subdivision and planned building group plan were continued indefinitely. See attached minutes included under Exhibit `B' of the Planning Commission report. The plan being reviewed as a PRD final development plan is essentially the same as that proposed pursuant to PBG- 99-02 except that one duplex has been eliminated reducing the proposed number of units from ten to eight. If no zoning action were to take place on the property, the following could be built under the existing R -3 and C -1 zoning. and parcel configuration (see the subdivision plat which shows the existing lot configuration as Parcels A, B and Q. Parcel C measures 75'x 125' and has R -3 zoning which would allow a single family residence to be built on this piece. Parcel A is 157'x 201' or 31, 557 square feet in size. The property is split zoned with C -1 on the southern 30' and R -3 on the remainder. The C -1 portion cannot be counted toward the allowable density so seven multi - family units could be built. The C -1 portion can be used for landscaping and parking. Parcel B which is the piece that fronts onto West 45` Avenue is 225' deep and extends into the R -3 zoning area.. Because of the 75' lot width, only a single family residence can be built on this parcel. If the two -lot subdivision is not approved, this portion must stay with the house lot (11050 W. 45 ' Avenue). The applicant has City Council Page 2 W Z -00 -06 / V. J. Properti e s requested that if the zone change is denied, that at least the minor subdivision be approved to make new Lot 1 more regular in shape. II. AGENCY REFERRALS All agencies can serve the property with improvements installed at the developer's expense. III. EVALUATION CRITERIA The criteria used to evaluate a zone change request are as follows: 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions. 3. In addition to #2, that the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, comprehensive land use plan and other related policies or plans for the area. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. 5. That there will be social, recreational, physical and /or economic benefits to the community derived by the change of zone. 6. That adequate infrastructure /facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. That the proposed rezoning will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. 8. That the property cannot reasonably be developed under the existing zoning conditions. 9. That the zoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 10. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at the location, considering available alternatives. City Council Page 3 WZ- 00 -06N. J.Properties IV. PLANNING COMMISSION ACTION At the October 5, 2000, Planning Commission meeting, a recommendation of approval was made for the two -lot minor subdivision for the following reasons: 1. A subdivision would be required to separate the northern portion of the property. 2. The minimums of the R -2 district have been made. 3. With minor corrections, all requirements of the Subdivision Regulation have been met. With the following conditions: 1. Minor corrections, as recommended by city staff, be made prior to the public hearing before City Council. 2. The developer be required to contribute 5% of the land value for park land purposes at the request of the Parks Commission and that this be paid prior to the recording of the development plan and plat. At the October 5, 2000, Planning Commission meeting, a recommendation of approval was given for the zone change from C -1 and R -3 to PRD, for the following reasons: 1. The proposed strip of C -1 property cannot be reasonably developed under the existing conditions. 2. It is generally desirable to have zoning lines run with lot lines. 3. Eight duplex units will have lesser impact than what could be developed on the property under current zoning conditions. 4. The applicant has reduced the number of units from ten to eight. At the October 5, 2000, Planning Commission meeting, a recommendation of approval was given for the final development plan for the following reasons: The proposed duplexes will have a lesser impact on adjacent property than what could be built under current zoning conditions. The existing PSC easement crossing the property hinders developability of it. The developer has tried to mitigate impacts to the adjacent residences to the west by erection of a solid fence and the planting of ornamental trees at twenty- foot intervals. With the following conditions: 1. Minor corrections be made prior to the public hearing before City Council. 2. The private drive be constructed to the City's standard for pavement thickness. 3. The homeowners association covenants be reviewed for maintenance provisions by staff and the city attorney prior to the City Council public hearing. 4. An equivalent caliper inch of trees be replaced on the property. City Council Page 4 W Z -0 0 -06/ V. J. Prop erti e s The developer be required to contribute 5% of the land value for park land purposes and that this be paid prior to the recording go the development plan and plat. The fence along the west property shall be required to be eight feet in height unless, at the time of construction, the property owners adjacent to the west of this property unanimously agree that it can be reduced to six feet in height. Two letters have been submitted to the record from area property owners. Included is a letter from Jill Reasoner of 4375 Pierson Street who is in objection to the number and scale of the units being proposed. Another letter has been submitted from Barbara Newman who is an adjacent property owner at 4430 Pierson Street. She is requesting construction of an 8' solid fence along the common property line. She would like to discuss with the developer the variety of ornamental trees to be planted along the west side of the new fence. She has also requested that no upper level balconies be allowed on the western side of the new units. Staff has added these requests as conditions of approval on the City Council action sheet. The homeowners' association covenants have been submitted and need to be revised to address maintenance of stormwater detention areas. City Council Page 5 W Z -00 -06/ V. J. Prop erti e s 1 1 1 1 1 1 F O O T H I L L ENGINEERING '- CONSULTANTS, INC. 350 INDIANA ST. S U I T E 4 1 5 GOLDEN, CO 80401 303/278 -0622 FAX 303/278 -0624 t