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HomeMy WebLinkAbout08/03/17I City of WheatP,idge PLANNING COMMISSION AGENDA August 3, 2017 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August 3, 2017 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *Agenda packets and minutes are available online at http://www.ci.wheatridge.co.us/95/Planning-Commission 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES—June 15, 2017 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. WZ-17-05: An application filed by Shadow Homes, Inc. for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 West 40th Avenue. 8. OTHER ITEMS 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Whew Ridge. Call Sara Spaulding Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. 2. 3. 4. 5. 6. City of i�9r WheatMidge PLANNING COMMISSION Minutes of Meeting June 15, 2017 CALL THE MEETING TO ORDER The meeting was called to order by Acting Chair BUCKNAM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29a' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Alan Bucknam Emery Dorsey Donna Kimsey Janet Leo Vivian Vos Amanda Weaver Scott Ohm Dirk Boden Staff Members Present: Meredith Reckert, Senior Planner Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary PLEDGE OF ALLEGIANCE APPROVE ORDER OF THE AGENDA It was moved by Commissioner DORSEY and seconded by Commissioner HIMSEY to approve the order of the agenda. Motion carried 6-0. APPROVAL OF MINUTES — June 1, 2017 It was moved by Commissioner HIMSEY and seconded by Commissioner LEO to approve the minutes of June 1, 2017, as written. Motion carried 6-0. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes June 15, 2017 -1— No one wished to speak at this time. PUBLIC HEARING A. Case No. MS -17-04: An application filed by Russ and Heidi Sheard for approval of a 4 -lot Subdivision Plat on property zoned Commercial -One (C-1) and Neighborhood Commercial (NC) for the property located at 9840 & 9890 West 40 Avenue. Ms. Reckert gave a short presentation regarding the minor subdivision and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner VOS asked about the proposed plat document on sheet 2 which says "each of which will have a structure on it" and then lots 3 and 4 will contain an additional 3 structures. She also asked about the height of the structures. Ms. Reckert explained that each lot will have a structure on it and lot 4 will have 2 structures for a total of 5 structures. She added the flower shop on the corner is about 2 '/2 stories in height and the others are approximately a story and a half and are in accordance with the Commercial -One (C-1) and Neighborhood Commercial (NC) zone districts. Commissioner BUCKNAM asked about Tract A on sheet 2 along the south and east and wondered about the access to lot 4. Ms. Reckert and Mr. Brossman explained that Tract A is primarily reserved for a detention pond and the access point is just north of Tract A off Jellison Street. There is also access from the north off of 44th Avenue. Commissioner BUCKNAM also asked about site drainage going into Tract A and if there are any concerns by staff for the properties to the south. Mr. Brossman said the ponds will capture all the runoff and then be released into the existing storm sewer on 40 Avenue. It was moved by Commissioner KIMSEY and seconded by Commissioner VOS to APPROVE Case No. MS -17-04, a request for approval of a four -lot subdivision plat for property zoned C-1 and NC addressed as 9840 and 9890 W. 44" Avenue, for the following reasons: 1. All requirements of the subdivision regulations have been met. 2. The proposed plat will facilitate redevelopment of the site. Planning Commission Minutes -2— June 2— June 15, 2017 3. Utility districts can serve the property with improvements installed at the developer's expense. With the following condition: 1. Minor corrections occur to the document prior to plat recording. Motion carried 6-0. 8. OTHER ITEMS Commissioner BUCKNAM announced he is excited to see another bike race coming to the City of Wheat Ridge in August which will be riding down 32nd Avenue. 9. ADJOURNMENT It was moved by Commissioner LEO and seconded by Commissioner WEAVER to adjourn the meeting at 7:20 p.m. Motion carried 6-0. Schott Ohm, Chair Tammy Odean, Recording Secretary Planning Commission Minutes June 15, 2017 3— City of Wheat,Rj ge COMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission CASE MANAGER: Zack Wallace Mendez DATE OF MEETING: August 3, 2017 CASE NO. & NAME: WZ-17-05 / Shadow Homes ACTION REQUESTED: Approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) LOCATION OF REQUEST: 6025 W. 4P Avenue PROPERTY OWNER: Shadow Homes, Inc. APPROXIMATE AREA: 0.322 acres (14,026 square feet) PRESENT ZONING: Commercial -One (C-1) COMPREHENSIVE PLAN: Neighborhood ENTER INTO RECORD: COMPREHENSIVE PLAN CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION VICINITY MAP All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owners of 6025 W. 401' Avenue have submitted this application requesting approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) on the property. The zone change is the first step of the process for approval for the property to be utilized for two single-family homes. The applicant intends to submit a request for a two -lot subdivision on this property. The goal of the zone change is to bring the lot into conformance with its historic use as a residential property, and to allow for the construction of an additional single-family home (Exhibit 1, Applicant Letter). The future subdivision, if approved, will allow for the construction of an additional single-family home on its own parcel. The subdivision has not yet been applied for, but does not require any public hearings. The plat would be reviewed by Staff, and would be required to meet the lot width and lot size requirements of the R- 1C zone district, if this rezoning ordinance is approved by City Council. Specific development standards, such as setbacks, lot coverage, and compliance with the bulk plane standards would be reviewed during the building permit process, during which time the structures would also be reviewed to ensure compliance with the existing building codes. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 6025 W. 40"' Avenue. The property is approximately 0.322 acres in size and located along 40"' Avenue just west of Harlan Street (Exhibit 2, Aerial Photo). Currently the property contains one primary residential structure that has a footprint of approximately 525 square feet, and was originally built in 1942 according to Jefferson County Assessor Records. There are also two accessory structures present on the property, one is a detached one -car garage, the other a shed. The site is zoned Commercial -One (C-1), and surrounding properties, though predominately residential have a mix of commercial and residential zoning. To the south and east, is a large area of Residential -Three (R-3) zoned properties, consisting of single-family, duplex, and multi- family development. The neighboring property to the east is currently vacant and zoned Residential -One C (R -1C). To the west, the neighboring property is a single family home on C-1 zoned land, and further west is an area of Residential -Two zoned properties. To the north are more C-1 zoned properties which are largely utilized for single-family, duplex, and multi -family uses (Exhibit 3, Zoning Map). III. PROPOSED ZONING The applicants are requesting the property be rezoned to Residential -One C (R -1C), a zone district intended to provide high quality, safe, quiet and stable medium -density single-family residential neighborhoods. In addition to small lot single-family homes, the zone district permits Planning Commission WZ-17-05 / Shadow Homes churches, schools, government buildings, and group homes. Most uses other than single-family homes require special use permits and/or larger lot sizes. The property is currently zoned Commercial -One (C-1). This zone district was established to accommodate a wide range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the community or entire region. The applicants are requesting the zone change to R- 1C so they can bring the property into conformance with its historic use, and to subdivide the property and build an additional single- family home. While many surrounding properties are zoned commercially, they are also used residentially. The R- 1C zoning is more in line with the actual development pattern in the neighborhood. R- 1C will restrict the lot to only single-family homes, which will be subject to the City's bulk plane standards. The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission WZ-17-05 / Shadow Homes CURRENT ZONING PROPOSED ZONING Commercial -One C-1 Residential -One C (R -1C) Allows a wide range of commercial Allows for single-family homes. Also uses including office, general allows for churches, schools, and Uses business, retail sales, and service government buildings with special use establishments permits and/or larger lot sizes. Traditional Overlay ASDM Architectural standards apply, including high quality architecture: standards related None Standards to articulation, variation, materials, transparency Max. Building 50' 35' plus bulk plane regulations Height Max. Lot coverage 80% 40% Min. Landscaping 20% 25% of lot and 100% of front yard Build -to Area 0-12' along front property line None Setbacks Front 50' 20' Side 0' if nonflammable or 5' per story 5' Rear 10' plus 5' per story 5' IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Planning Commission WZ-17-05 / Shadow Homes The change of zone will not result in adverse effects on the surrounding area. The rezoning would eliminate the possibility of commercial development on the property and limit the property to a single-family use. Minimum lot sizes in the R- 1C zone district limit this parcel to a maximum of 2 potential single-family homes, once a subdivision of the land is complete. The R- 1C zoning is expected to add value to the subject property and also to the surrounding community. A residential designation will support compatibility between future redevelopment and existing land uses. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any future construction on the property, and fire and building codes are required to be met. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one 1 of the following conditions exists: a. 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, and other related policies or plans for the area. Envision Wheat Ridge, the City's comprehensive plan, identifies this area as a Neighborhood (Exhibit 4, Comprehensive Plan Map). This designation identifies areas where people own homes and thrive and where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are: consistent character, mature landscaping, high rates of reinvestment and home ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a property, maintaining consistent character, and creating opportunities for home ownership. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Planning Commission WZ-17-05 / Shadow Homes Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to R- 1C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on May 30, 2017. Five people from the neighborhood attended the meeting. In general, attendees supported the request. Some concerns were raised and those are expressed in the meeting summary (Exhibit 6, Neighborhood Meeting Notes) VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No objection. Wheat Ridge Sanitation District: No objection. West Metro Fire Protection District: No objection. Xcel Energy: No objection. Century Link: No objection. Planning Commission WZ-17-05 / Shadow Homes VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, Staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-17-05. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 401h Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan and consistent with the character of the surrounding area 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change support the request." Option B: "I move to recommend DENIAL of Case No. WZ-17-05, a request for approval of a zone change from Commercial -One (C-1) to Residential -One C (R -1C) for property located at 6025 W. 40" Avenue, for the following reasons: 1. Planning Commission WZ-17-05 / Shadow Homes EXHIBIT 1: APPLICANT LETTER [see attached] Planning Commission WZ-17-05 / Shadow Homes Applicant Letter June 13, 2017 Community Development Department; City of Wheat Ridge 7500 W 29 Ave Wheat Ridge, CO Re: Zone change and 2 lot administrative subdivision at 6025 W. 40"' Ave. Shadow Homes, Inc. is proposing a zone change to 6025 W 40th Ave. The current zoning on the property is C1. We are requesting the zoning be changed to R1 -C. The existing zoning for the property is a commercial zoning, amidst a residential area. We are proposing a zoning change to R1 -C to make zoning consistent with neighborhood use and surrounding zoning. This will support the neighborhood by ensuring continued, consistent residential use; as opposed to commercial use. This will maintain the feel and peace in the neighborhood. After rezoning to R1 -C, we will request administrative subdivision to make two total lots from the current one lot. On the proposed new residential lot, we intend to pursue permitting of an additional single-family craftsman type bungalow, which is consistent with the surrounding architecture. There is a pressing need for median priced single-family homes in the area. Rezoning and subdividing, will allow a wonderful home for a family, which keeps them in Wheat Ridge to support public works and endeavors. The proposed zoning change and subsequent subdivision would have very minimal effect on infrastructure needs, including police, water, fire, schools, parks, etc, as the area is already set up for residential use and the density will remain low, by only adding one single family home. The residential home will support taxes and the development will bring in additional city revenue via permit fees, taps, and other development related costs. Furthermore, it will support a healthy economic market in the area by adding jobs. From our initial neighborhood meeting, we feel the surrounding residents are in support of our proposal. We are hopeful that city leaders will also see the benefits and sensibility of this proposal. Thank you for your consideration. Sincerely, Katie and Dan Sorensen Shadow Homes, Inc. POBox 17694 Golden, CO 80401"ww.Shado Hmes.cccn Info@shadowhomes.wm Planning Commission $ WZ-17-05 / Shadow Homes EXHIBIT 2: AERIAL Planning Commission 9 WZ-17-05 / Shadow Homes EXHIBIT 3: ZONING MAP Planning Commission 10 WZ-17-05 / Shadow Homes EXHIBIT 4: COMPREHENSIVE PLAN i- _ _._ T w. h; - Neighborhoods (Wghba head types Lake RM1od, Planning Commission 11 WZ 17 05 / Shadow Homes EXHIBIT 5: SITE PHOTOS Planning Commission 12 WZ-17-05 / Shadow Homes Planning Commission 13 WZ-17-05 / Shadow Homes EXHIBIT 6: NEIGHBORHOOD MEETING Meeting Date: May 30, 2017 Attending Staff: Zack Wallace Mendez, Planner II Location of Meeting: Wheat Ridge Municipal Center Property Address: 6025 W. 40th Avenue Property Owner(s): Shadow Homes, Inc. Property Owner(s) Present? Yes Applicant: Katie Sorensen, President of Shadow Homes Applicant Present? Yes Existing Zoning: Commercial -One (C-1) Existing Comp. Plan: Neighborhood Existing Site Conditions: The property is located on W. 40 Avenue two lots to the west of Harlan Street. It is currently zoned Commercial -One (C-1). A small home built in 1952 and a small garage currently exist on the site. The home and garage have a total footprint of 811 square feet, sitting on a 7,797 square foot lot. A vacant parcel behind the main lot adds 6,229 square feet, totaling 14,026 square feet. The surrounding properties to the west, north, and northeast are also residential in nature despite being zoned C-1, and range from single-family to multifamily. Properties further to the west on 40u' Avenue are zoned Residential -Two (R-2) and the two vacant lots to the east are zoned Residential -One C (R -1C), which allows small -lot single family homes. Properties across 40h' Avenue from the site are also zoned R-3, but abut 39h' Place, creating a condition where the rear yards of these homes abut 40h' Avenue. One gravel driveway provides access from 40h' Avenue; no curb, gutter, or sidewalk are present along the street frontage. Applicant/Owner Preliminary Proposal: The applicant has proposed a zone change to allow for an additional unit on the site. The applicant proposed a rezone to either Residential -One C (R -1C) or Residential -Two A (R -2A), but concluded that R- 1C was more appropriate following comments from staff. The applicant favored the option of two single-family homes on the site over adding a duplex. Planning Commission 14 WZ-17-05 / Shadow Homes The applicant is considering preserving the existing home but expanding the garage, and constructing a new home on the west side of the property. A flag lot was also considered, which would place the new construction in the rear of the site with a long driveway. The applicant more closely considered the option that would divide the site into two narrow lots, with a new home on the empty west lot. Home construction options in a traditional, farmhouse style were presented. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, six members of the public were in attendance. • Staff discussed the site, its current zoning, and the proposed R -1C zone district development standards. • The applicant and members of the public were informed of the process for the rezoning. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the rezoning request and proposed development: Concerns about setbacks and density, especially the potential for slot homes (e.g. up to fourteen residences). The applicant responded that their intention is to keep the existing single family home and build one additional single family home. Staff also added that the requested R-1 C zoning is a single-family only residential district that requires a minimum of 5, 000 square feet of land area. The maximum number of houses that could go on this existing piece of land with the R-1 C zoning is two. Additionally the R-1 C zone district requires a minimum 5 foot rear and side yard setback, and the bulk plane standards also apply. What is the timeline? If approved, the applicant stated they intend to break ground next spring or summer. This also depends on if they sell off the plans after the rezoning and subdivision. So if you sell it, then what you are showing may not be built? The applicant stated they would get the plans approved through the building department and sell it that way, so what they are showing as concepts will be very similar to what is built. Aside from the four neighbors at the meeting, staff received no comment from others in the area regarding the proposal. Planning Commission 15 WZ-17-05 / Shadow Homes 10 4) \. E J M ZA lr N M 4 6 6 Planning Commission 16 WZ-17-05 / Shadow Homes F- z N 0 m - LU Q Q � LU 0, a EL 10 rl� 4) \. E J M ZA lr N M 4 6 6 Planning Commission 16 WZ-17-05 / Shadow Homes