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ORDINANCE: O-2002-8
SUBJECT: Rezoning Case Number RZ-01-007
595 S. Harlan Street
Rezone a parcel of land located at 595 S. Harlan Street from the 1-R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district for the purpose of subdividing the existing lot into two lots in order to develop another single family home.
ADDRESS: 595 S. Harlan Street
RECOMMENDATION: Staff recommends approval of this rezoning request to allow for the eventual subdivision of the existing lot into two lots. At their February 20, 2002, Planning Commission by a vote of 7 to 0 recommended approval of this rezoning request.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The property owner has applied to the City for a rezoning request to rezone the property located at 595 S. Harlan Street from the 1R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district. The applicant is requesting the rezoning in order to allow for the future subdivision of the existing property into two lots and the subsequent development of a second single family home.
At the public hearing on February 20, 2002, Planning Commission requested that the applicant revise his conceptual site plan to more accurately reflect the existing conditions and proposed future subdivision. The applicant has hired a professional surveyor to prepare the requested information which is included in this City Council packet. As such the rezoning request is ready for City Council action.
DATE OF FIRST READING: March 25, 2002
DATE OF SECOND READING: April 8, 2002
ORIGINATED BY: Rebecca Farrar, Project Manager, 303-987-7522
STAFF PERSON RESPONSIBLE: Vincent Harris, Manager of Development Review
Rebecca Farrar, Project Manager, 303-987-7522
DOCUMENTS ATTACHED:
Ordinance O-2002-8
Planning Commission Staff Report
Minutes from the February 20, 2002 Planning Commission meeting
Resolution from the February 20, 2002 Planning Commission meeting
SUBMITTED BY:
Rebecca Farrar, Planner I
Vincent Harris, Manager of Development Review & Enforcement
Frank Gray, Director of Community Planning & Development
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock,City Manager
STAFF REPORT
TO: Lakewood Planning Commission
THRU: Susan Piercy, Senior Planner
FROM: Rebecca Farrar, Project Manager
DATE: February 12, 2002
PC Date: February 20, 2002
SUBJECT: Case No. RZ-01-007
595 S. Harlan Street
APPLICANT: Gary & Reba Drotar, Owners
REQUEST: Rezone existing property from the 1-R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district for the purpose of subdividing the existing lot into two lots in the near future.
HISTORY / BACKGROUND
The property owner has applied to the City for a rezoning request to rezone the property located at 595 S. Harlan Street from the 1-R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district. The applicant is requesting the rezoning in order to allow for the future subdivision of the existing property into two lots. The property is approximately 15,725 square feet in size. A conceptual site plan has been submitted with the rezoning request, illustrating how the proposed rezoning could facilitate the further development of the property.
SURROUNDING ZONING SURROUNDING LAND USE
NORTH 2R (Small Lot Residential) Single Family Homes
SOUTH 3R (Duplex and Small Lot Residential) Single Family Homes
EAST 3R (Duplex and Small Lot Residential) Deane Elementary School
WEST 1R (Large Lot Residential) Single Family Home
AGENCY REVIEW
Consolidated Mutual Water District
Alameda Sanitation District*
Public Service Company*
AT&T Cable*
Qwest *
West Metro Fire Protection District
Jefferson County School District*
Alameda Gateway Community Association*
Jefferson Gardens Neighborhood Association
Waterside Neighborhood Association*
Waterside II, The Cape*
*No replies received as of February 12, 2002
ANALYSIS OF ISSUES
1. Consistency with the Comprehensive Plan:
The Lakewood Comprehensive Plan is a document that contains many goals and policies which are intended to make sure that future developments are compatible with adjacent land uses and does not create any significant negative impacts. A request for rezoning should only be approved if these goals and policies are met. Any zoning of property needs to be done with the surrounding character of the adjacent neighborhood in mind.
All zonings within the City must be done in compliance with the Comprehensive Plan. The Plan addresses zoning on page 17 in Policy C that states: "Approve only specific land development and rezonings that meet the following criteria:
No. 2. Will not disrupt the integrity of an established residential neighborhood.
No. 3. Is designed to be compatible with the surrounding neighborhood.
No. 4. Would not be considered spot zoning.
No. 5. Makes a positive contribution to the surrounding area and the City."
No. 2. The proposed zoning is adjacent to residential uses along the north, south and west property lines. The property to the west is zoned 1-R (Large Lot Residential), the property to the north is zoned 2-R (Small Lot Residential) and the properties to the south and east are zoned 3-R (Duplex and Small Lot Residential). The applicant has proposed to the City on two separate occasions that the City consider a rezoning of the property to the 3-R zone district. The applicant was informed that Staff would not be supportive of that proposal as duplex development is not appropriate is this area The area is predominantly single family residential. The current proposal to rezone to 2-R will not alter the integrity of the single family residential neighborhoods in this vicinity.
No. 3. The proposal has been designed to be compatible with the adjacent neighborhood. All adjacent properties except Deane Elementary School to the east are single family residential uses. The residential lot sizes in the vicinity range in size from 7,500 square feet to 15,000 square feet in size. Should the rezoning application be approved, the applicants propose to subdivide the property. The attached conceptual site plan illustrates how one of the new lots will be approximately 8,000 square feet in size, and the other will be approximately 7,725 square feet in size. These lot sizes are similar to those found in the area. Any new structures will be reviewed under the Article 15 Site Plan Review process and architectural standards will also be evaluated at that time.
No. 4. Rezoning the property to the 2-R zone district will not be considered spot zoning in that the uses permitted under the rezoning and specified in the 2-R zone district are compatible with the uses of the surrounding area. The subject property directly abuts a 2-R zone district.
No. 5. It is Staff's position that this project does provide a positive contribution to this single family residential area. The rezoning will only allow for single family development, similar to the surrounding uses and provide opportunity for single family infill development.
The Comprehensive Plan further addresses Low Density Residential Land Use on page 42. The goal is: "To locate various residential densities in appropriate locations in relationship to needed services and to other land uses." The subject property is located in a predominately single family area and the necessary infrastructure is available.
Policy B, 4 of this section states: "Low-density (fewer than eight dwelling units per acre) detached units of a height, scale, and density compatible with the surrounding area are appropriate for infill development within a viable single family area." It is Staff's position that this proposal fulfills this requirement due to the above listed reasons.
Policy B, 4 also states that the distance of the property to a designated public transit route not be more than 1,300 feet and that the property should be within 2,600 feet of a public park. The closest public transit route is approximately 3 blocks away, located on West Alameda Avenue. The subject property is approximately 1 1/2 blocks northwest of Ray Ross Park.
The Lakewood Comprehensive Plan requires that low density residential uses be located within 5,200 feet of a Neighborhood Commercial Node, and that access to the property is located so that traffic will not be passing through a single family area. The subject property is located approximately 3 blocks south of an existing commercial area. The majority of traffic trips to and from this site travel along South Harlan Street and will not need to pass through the existing single family neighborhood to the west.
The property is located in the Jefferson Gardens Neighborhood and is subject to review under the Jefferson Gardens Neighborhood Plan. The Jefferson Gardens Neighborhood Plan analyzes existing land uses in Jefferson Gardens and identifies desired land uses as the neighborhood develops. The goal listed on Page 10, under Goal #7: Future Rezonings and Land Uses, of the Jefferson Gardens Neighborhood Plan are to "maintain single family residential development as the predominant land use." Additionally, Map #6 , on page 14, indicates the future land use for this specific property as single family. It is Staff's position that this proposal meets the intent of the Jefferson Gardens Neighborhood Plan in regard to single family development. Furthermore, the size of this property prohibits the down zoning of the subject lot to the RR (Rural Residential) zone district, which requires a minimum lot size of 21,780 square feet. As the lot currently does not meet this requirement, it could effectively never be rezoned to the RR zone district.
The property is also subject to review under the recently completed South Alameda Neighborhood Plan. It is Staff's opinion that the proposal is in conformance with this draft plan as well, as indicated in the Land Use and Property Maintenance section, Page 26, Goal #4, which states "Encourage development patterns and land uses that respect the single family residential character of much of the neighborhood."
As such, Staff believes that this proposal does provide for a desired land use according to the Lakewood Comprehensive Plan, Jefferson Gardens Neighborhood Plan and South Alameda Neighborhood Plan.
2. Zoning and Land Use:
In zoning property, the goal of the Lakewood Zoning Ordinance is "To promote stability in zoning and appropriate development of property within the City." The Ordinance indicates that proposed zonings should promote the health, safety or welfare of the inhabitants of the City of Lakewood; promote the purposes of the Zoning Ordinance; the proposal should be compatible with the surrounding uses; and the proposal should enhance significant natural characteristics of the site by preservation or incorporating these features into the development's open space.
It is staff's position that the proposed zoning for this property is compatible with the adjacent residential land uses. The residential lot sizes in the vicinity vary in square footage. The proposed uses are in conformance with the uses as outlined in the Jefferson Gardens Neighborhood Plan and South Alameda Neighborhood Plan.
3. Utilities:
No adverse comments have been received by the utility agencies as a result of the outside referral of this application.
4. Layout and Access:
The property has existing access to South Harlan Street and if the rezoning application is approved and the property subdivided, the new lot would have access to West Center Avenue.
5. Engineering Studies:
A site-specific grading and erosion control plan will be required with the single family home site plan submittal once both the rezoning and minor subdivision have been approved.
6. Public Improvements:
No public improvement requirements are required with this proposal or with the subsequent subdivision of the property.
7. School Land and Parkland Dedication Requirement:
A school land and parkland fee is not required with this rezoning application. Fees will be required for this proposal should the owner pursue a future subdivision of the property.
8. Neighborhood Impact:
The use is compatible with the neighboring residential uses as the majority of the neighborhood is single family, except for Deane Elementary to the east. Infrastructure is available should the owner choose to subdivide at some point in the future. No traffic from this site will access through a residential neighborhood. It is staffs' opinion that the impact to the neighborhood by this development is minimal.
Summary of Analysis:
It is the analysis of Staff that the proposed rezoning is compatible with the surrounding zoning and land uses. The project is in conformance with the City's Comprehensive Plan, Jefferson Gardens Neighborhood Plan, and South Alameda Neighborhood Plan.
PUBLIC COMMENT
A neighborhood meeting was conducted on September 18, 2001. Three citizens were present, in addition to the four family members representing the applicant. They were interested in the actual proposal and the process. There was concern expressed in regard to the possibility of rezoning to the 3-R zone district. The citizens were assured that the rezoning request would in fact only be to the 2-R zone district. I have received two letters from, Linda Shephard, a resident in the Jefferson Gardens Neighborhood. I have attached those for your information.
NOTIFICATION/SLIDES
Notice of the public hearing was mailed to the fee owners of the property, property owners, and residents within 500 feet of the proposed rezoning as well as registered homeowner associations within 1,000 feet as required by the Lakewood Zoning Ordinance. Pictures of the site were taken and will be shown at the public hearing.
SUMMARY AND RECOMMENDATION
Based upon the existing zoning and land use pattern in the immediate area, staff supports the rezoning of the subject property. Therefore, the City of Lakewood staff recommends that the Planning Commission find that:
1. Gary and Reba Drotar have submitted an application requesting a rezoning of the property located at 595 S. Harlan Street from the 1-R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district; and
2. Notice of the Public Hearing to the fee owners of the property, property owners and residents within 500 feet and neighborhood associations within 1000 feet was made as required by the zoning ordinance; and
3. The request was reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The applicant has met the requirements of the Zoning Ordinance; and
5. The proposed zoning has met the requirements of the Neighborhood Referral Program; and
6. Public improvements are not required with this proposal; and
7. School land and Parkland dedication will not be required for the rezoning approval; and
8. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Will not disrupt the integrity of an established residential neighborhood.
b) Is designed to be compatible with the surrounding neighborhood.
c) Would not be considered spot zoning.
d) Makes a positive contribution to the surrounding area and the City.
e) The proposal meet the locational criteria for low density single family residential development within the City.
9. It is Staff's position that the proposal meets the applicable goals and
policies of the both the Jefferson Gardens Neighborhood Plan and South Alameda
Neighborhood Plan by encouraging single family home development.
AND
That the Planning Commission recommends that the City Council APPROVE zoning
Case No.
RZ-01-007.
Attachments: Conceptual Site Plan
Site Location Map
Neighborhood Meeting Summary
Letters from Linda Shephard
cc: RZ-01-007, Vince Harris, Sue Piercy, Toni Spurgeon, Gary & Reba Drotar
PUBLIC HEARING
MINUTES
February 20, 2002
COMMISSIONERS PRESENT
Charles Choi, Chairman
Tom Quinn
Ken Lloyd
Wilmae "Bunny" Malm
Bill Marino
Andrea Hollen
Ed Peterson
STAFF PRESENT
Susan Piercy, Senior Planner
Rebecca Farrar, Planner I
Elaine Rosedahl, Secretary to the Lakewood Planning Commission
____________________________________________________________________________________
The following are the minutes of the February 20, 2002 Lakewood Planning Commission
Public hearing. A permanent set of these minutes is retained in the office of
the City Clerk and a tape recording is located in the department of Community
Planning and Development, City of Lakewood.
____________________________________________________________________________________
INDEX PAGE
RZ-01-007 Gary and Reba Drotar 2
595 So. Harlan Street
The roll having been called, Chairman Choi declared a quorum and the following
business was
conducted.
1. CASE NO. RZ-01-007 REZONING
Gary and Reba Drotar
595 South Harlan Street
GARY DROTAR, 11430 Moline St., Henderson, CO representing his two sisters, one brother and father. Mr. Drotar said his parents reside at the subject address, however, his mother recently passed away. Their purpose is to rezone, divide the property, and sell the lot.
REBECCA FARRAR, entered into the record the staff report, case file, Subdivision and Zoning Ordinance and the Comprehensive Plan. She then reviewed her staff report and asked Planning Commission to approve this rezoning.
CHAIRMAN CHOI asked Linda Shephard if her testimony includes further testimony beyond what she has already written?
LINDA SHEPHARD 6394 W. Ohio, replied she has a question regarding the surrounding zoning. On the south the zoning is 1-R, on the east it is listed as 3-R but that is a school and park. The goal in the Jefferson Gardens Neighborhood Plan is not to zone everything 2-R, but rather, it is to zone to 1-R to allow for large animals.
REBECCA FARRAR referred to the attached zoning map which shows the south zoning as 3-R, and east is 3-R with the only 1-R zoning to the west. Elementary schools are allowed in residential zone districts
COMMISSIONER QUINN wanted the question of consistency with the Jefferson Garden Plan addressed.
REBECCA FARRAR said there are some issues such as the goal to maintain horse property. With the down zoning to the 2-R it would mean the loss of that right, however, based on the current configuration this site is not a viable lot for a animal since it takes 9000 square feet and a 300 foot containment area for one animal.
COMMISSIONER QUINN asked if the only dwellings that could be built would be single family homes?
REBECCA FARRAR replied yes.
COMMISSIONER LLOYD asked if there is horse on the property or has there ever been a horse on that proeprty?
GARY DROTAR said there has never been any animals on the property.
COMMISSIONER LLOYD referred to the map showing the new lot at 8000 sq. ft., and the old lot as 7725 sq. ft., however, the way the map is drawn the new lot looks smaller than the existing lot.
REBECCA FARRAR said the applicant drew the lot on a conceptual basis.
COMMISSIONER HOLLEN asked if there are significant natural characteristics on the site such as mature trees, and should they be accounted for in the conceptual plan?
REBECCA FARRAR said the trees run along the lot line and thought the existing mature trees will remain.
COMMISSIONER MARINO asked if the mature trees would become a factor in approving a new structure on the site?
REBECCA FARRAR said trees would fall under the Article 15 guidelines which locates vegetation.
SUSAN PIERCY added, natural features will be taken into consideration and the site plan will show existing and proposed vegetation. Article 15 also requires trees of a certain caliper be kept and staff looks at those issues during the Article 15 review.
COMMISSIONER PETERSON thought the new lot will have difficulties getting a footprint to fit on the site, and wondered how the Commission can approve this rezoning not knowing how the footprint will fit.
REBECCA FARRAR said at this stage in the process, staff looks at setbacks and the building envelope. This is the rezoning, and not the actual subdivision of the site.
COMMISSIONER PETERSON asked if the rezoning could be approved and then find out the site could not be built upon?
REBECCA FARRAR thought there is adequate space to build on the site without disturbing existing vegetation. The site has been used for a garden and the trees are not in the portion that would be considered a buildable area.
SUSAN PIERCY thought a conceptual plan would be helpful at this stage showing how the site could be developed.
COMMISSIONER MALM asked Ms. Shephard if she is a member of the Jefferson Gardens Assoc.
LINDA SHEPHARD said that is true.
COMMISSIONER MALM then asked if she attended the neighborhood meeting regarding this case?
LINDA SHEPHARD said yes.
CHAIRMAN CHOI was concerned with the drawing given to this Commission stating that an engineer or surveyor had drawn the map, now the Commission has been told it is the applicant's sketch, which is it? Then he said it is a survey that has been sketched upon and will not hold up as a legal document. The map is not according to scale, therefore, is not appropriate. Harlan is listed as boulevard when Harlan is a street.
SUSAN PPIERCY agreed, and said it will be done properly before going to City Council
GARY DROTAR apologized to the Commission by saying he was pressed for time and the survey cost $1500.
COMMISSIONER LLOYD based on the testimony at this hearing and the findings in the staff report, moved Planning Commission recommend City Council approve Rezoning Case No. RZ-01-007, subject to an accurate drawing including name, scale, and depiction of site characteristics. SECOND by COMMISSIONER PETERSON.
Motion approved by a unanimous vote 7-0.
COMMISSIONER QUINN wanted the record to note his concern with eliminating horse property in the City of Lakewood, however, he did not think the issue applied to this property.
2. APPROVAL OF MINUTES
COMMISSIONER MALM moved to approve the minutes of December 19, 2001. SECOND by COMMISSIONER PETERSON .
COMMISSIONER LLOYD referred to page 7, regarding building height where it allows four stories, however, it allows for more than four stories. He suggested it read "intended" for four stories.
Motion approved by a 7-0 vote.
COMMISSIONER PETERSON moved to approve the minutes of January 16, 2002. SECOND by COMMISSIONER MALM .
Motion approved by a 7-0 vote.
GENERAL BUSINESS
SUSAN PIERCY reminded the Commission of the meeting at the Graham House next Wednesday where 6:30 p.m. discussing parks and open space.
COMMISSIONER COMMENTS
COMMISSIONER PETERSON agreed with staff that the rezoning is a simple rezoning, however, wanted future ODP's drawn to scale.
ADJOURNMENT
There being no other business to come before the Lakewood Planning Commission, the public hearing of February 20, 2002 was adjourned at 8:00 p.m.
Date approved Elaine Rosedahl, Secretary to
the Planning Commission
On February 20, 2002 the Lakewood Planning Commission held a public hearing to determine if Rezoning Case No. RZ?01-007 should be approved.
MOTION was made by COMMISSIONER LLOYD and seconded by COMMISSIONER PETERSON to recommend APPROVAL of this request. The motion to APPROVE passed by a 7-0 vote. The role having been called, the vote of the Commission was as follows:
Charles Choi Aye
Tom Quinn Aye
Ken Lloyd Aye
Wilmae "Bunny" Malm Aye
Ed Peterson Aye
Andrea Hollen Aye
Bill Marino Aye
FINDINGS OF FACT AND CONCLUSIONS
WE FIND THAT:
1. Gary and Reba Drotar have submitted an application requesting a rezoning of the property located at 595 S. Harlan Street from the 1-R (Large Lot Residential) zone district to the 2-R (Small Lot Residential) zone district; and
2. Notice of the Public Hearing to the fee owners of the property, property owners and residents within 500 feet and neighborhood associations within 1000 feet was made as required by the zoning ordinance; and
3. The request was reviewed by the appropriate referral agencies and no adverse comments were received; and
4. The applicant has met the requirements of the Zoning Ordinance; and
5. The proposed zoning has met the requirements of the Neighborhood Referral Program; and
6. Public improvements are not required with this proposal; and
7. School land and Parkland dedication will not be required for the rezoning approval; and
8. This proposed zoning meets the requirements of the Lakewood Comprehensive Plan in terms of the following:
a) Will not disrupt the integrity of an established residential neighborhood.
b) Is designed to be compatible with the surrounding neighborhood.
Lakewood Planning Commission Resolution
c) Would not be considered spot zoning.
d) Makes a positive contribution to the surrounding area and the City.
e) The proposal meets the locational criteria for low-density single-family residential development within the City.
9. It is Staff's position that the proposal meets the applicable goals and policies of the both the Jefferson Gardens Neighborhood Plan and South Alameda Neighborhood Plan by encouraging single family home development.
ACTION
NOW, THEREFORE, BE IT RESOLVED by the City of Lakewood Planning Commission, on the basis of the evidence presented to it and the findings and conclusions stated herein this 20th day of February, 2002, that Rezoning Case No. RZ?01-007 is hereby recommended for APPROVAL, subject to:
1. An accurate drawing including name, scale, and depiction of site characteristics.
Charles Choi, Chairman
Tom Quinn, Secretary
CERTIFICATION
I, Elaine Rosedahl, Secretary to the City of Lakewood Planning Commission, do hereby certify that the foregoing is a true copy of a resolution duly adopted by the Lakewood Planning Commission, at a public hearing held in Lakewood, Colorado, on the 20th day of February 2002 as the same appears in the minutes of said meeting.
Date Approved Elaine Rosedahl, Secretary to the
Dat01\rz01007.pcr Lakewood Planning Commission
AGENDA
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