EDGEWATER PLANNING AND ZONING COMMISSION RESOLUTION NO. PC

Transcription

1 EDGEWATER PLANNING AND ZONING COMMISSION RESOLUTION NO. PC A RESOLUTION CONDITIONALLY APPROVING A PRELIMINARY PLAT OF PARCELS A, B, C, D, E AND F, IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69, WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO, WITH PROPOSED STREET ADDRESSES OF 6170, 6200 AND 6250 WEST 29TH AVENUE, EDGEWATER, COLORADO, TO BE KNOWN AS THE VILLAGE AT EDGEWATER SUBDIVISION WHEREAS, BLVD Investments, LLC, as the authorized agent and with the consent of property owner Trees Holding Company II & III, LLC (collectively, the Applicant ), has filed an application and related documents to subdivide Parcels A, B, C, D, E and F, in the Southeast ¼ of the Southwest ¼ of Section 25, Township 3 South, Range 69, West of the 6th P.M., Jefferson County, Colorado, with proposed street addresses of 6170, 6200 And 6250 West 29th Avenue, Edgewater, Colorado, to be known as The Village At Edgewater Subdivision (the Application ); and WHEREAS, pursuant to Section (a) of the Edgewater Municipal Code ( Code ), the first required step in the subdivision approval process is the filing of a preliminary plat application; and WHEREAS, pursuant to Code Section , preliminary plat applications are reviewed and judged by the Edgewater Planning and Zoning Commission ( Commission ), after conducting a public hearing thereon; and WHEREAS, after due and proper notice as required by Code Section (d), the Commission conducted a public hearing on the Application on December 19, 2018, at which time all interested parties were given the opportunity to be heard; and WHEREAS, based upon the testimony and evidence received at such hearing, the Commission finds that the Application should be conditionally approved because it contains all required information and meets all relevant subdivision requirements set forth under Article 2 of Chapter 17 of the Code, upon the imposition of certain conditions, as further set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF EDGEWATER, COLORADO: Section 1. Findings: The City of Edgewater Planning and Zoning Commission hereby finds that the preliminary plat filed to subdivide Parcels A, B, C, D, E And F, in the Southeast ¼ of the Southwest ¼ Of Section 25, Township 3 South, Range 69, West of the 6th P.M., Jefferson County, Colorado, with proposed street addresses of 6170, 6200 And 6250 West 29th Avenue, Edgewater, Colorado (the Property ), to be known as The Village At Edgewater Subdivision, meets all the relevant subdivision requirements set forth under Article 2 of Chapter 17 of the 1

2 Code, upon the imposition of certain conditions, as follows: Generally speaking, the proposed subdivision contemplates the development of a 56 multi-family residential development, including two-family and multiple-family dwelling units; dedication of public park/open space tracts; private street; utility/access tracts; and, Kendall Street right-of-way improvements generally located at the southeast corner of W. 29th Avenue and Kendall Street. The proposed Subdivision Tract J and Tract L totaling acres will be dedicated to the City of Edgewater as public park/open space. The proposed Preliminary Plat area is acres. A separate Planned Unit Development (PUD) application with details of the proposed multi-family residential development is also being processed. The Application proposes only the subdivision of the Property; however, the two applications are generally dependent upon one another. Code Section Streets. When streets are in alignment with existing streets, the new streets shall be named according to the streets with which they correspond. Streets that do not fit into an established street-naming pattern shall be named by the City Manager in a manner which will not duplicate or be confused with existing street names. Finding: The Property internal private street will provide connections to the existing public W. 29th Avenue and future Kendall Street extension and will be appropriately named in the Final Plat. Code Section Lots. (a) Size. Lots shall be at least as large as the allowed minimum set forth in the area standards contained in Chapter 16 of this Code. (b) Building permit issuance on unplatted land. No building permit shall be issued on unplatted property unless the City Manager first determines that the construction will in no way interfere with the proper alignment of needed public rights-of-way. (c) Lot lines. Lot lines shall normally be at right angles to the street line or, on curvilinear streets, lot lines shall be radial to the curb of the street lines. (d) Fronting. All lots shall front on public streets. Finding: As detailed on pages 2 and 3 of the Staff Report from City Planner McCartney, the proposed preliminary plat does not meet the minimum lot area, minimum lot width, street lot line design and lot frontage standards of the Edgewater Municipal Code. However, these non-compliant lots are requested for approval through the separate, but associated, PUD process. 2

3 For this criteria to be satisfied, the Commission therefore finds the following condition to be necessary: Approval of all proposed sub-standard lots through an associated PUD application Code Section Blocks. Blocks for residential use shall not be more than one-quarter (¼) mile (one thousand three hundred twenty [1,320] feet) in length and not less than three hundred (300) feet in length. Blocks should normally have sufficient width to provide for two (2) tiers of lots of appropriate depth. Finding: The proposed new subdivision will not change the existing Block dimensions. Code Section Alleys or easements. The City may require alleys at least twenty (20) feet in width in business districts and at the rear of all lots fronting on arterial streets. Where alleys are not provided, easements shall be granted or reserved at least five (5) feet in width, or more if required by the City, on each side of all rear lot lines and along sufficient side lot lines and front lot lines when necessary for utility installation and maintenance, including storm or sanitary sewers, gas and water lines and electric service. Finding: The Applicant testified that the development will be served by City of Edgewater domestic water services from proposed water main improvements in W. 29th Avenue and utilize the Wheat Ridge Sanitation District (WRSD) with a connection to existing infrastructure located at the southeast corner of the Property. Stormwater runoff shall maintain historic flow patterns and detained onsite at the southeast corner of the Property prior to release to a new storm sewer pipe that will connect to existing infrastructure. The Applicant also asserted the development will have minimal impact on water capacity and sanitary/storm sewer capacities have been studied by the WRSD and are adequately sized. The City Engineer and Utility companies reviewed the proposed Preliminary Plat. The City Engineer did not have any comments. Consolidated Mutual Water did not object to City of Edgewater service and requested the Preliminary Plat and ALTA Survey to be corrected to show existing Company water mains on W. 29th Avenue. Xcel Energy Public Service Company commented that the proposed blanket utility easement will be granted in lieu of dedicated easements for the Project dry utilities. The project is located in the Wheat Ridge Sanitation District (WRSD) and treatment of sewage is provided by this District. The WRSD stated no objections with the following conditions: location of the existing District Sanitary Sewer mainlines; review fee; utility locates; sanitary sewer extension and easement agreement; and fees paid prior to connection to the District. 3

4 Century Link and the West Metro Fire Protection District (WMFPD) did not submit specific concerns with the proposed preliminary plat. For this criterion to be met, the Commission finds that the following condition is necessary: A Public Improvement Agreement with the City for W. 29th Avenue street, curb, gutter and water improvements, subject to City Attorney approval Code Section Dedication of public sites and open spaces. Dedication of land, free of all liens and encumbrances, for park and recreation, school sites, public building sites or for other public uses shall be required in each new subdivision or resubdivision in the City in which the total amount of land being subdivided is two (2) acres or more. The subdivider must allocate and convey no less than five percent (5%) of the gross land area, exclusive of streets, alleys, bicycle paths and easements, of the proposed subdivision for public purposes. Finding: The proposed plat area is greater than two acres and is subject to this requirement. The proposed open space dedication areas cannot be definitely determined. Further, Staff recommended park equipment and public amenities in Tract J to enhance public use of and access to the proposed open space, in order to fulfill this requirement. The Commission therefore finds that this criterion is met upon the imposition of the following conditions: The dedicated public/open space area of Tract J and Tract L shall be reviewed and approved by City staff and any discrepancy of dedicated area less than 5% of permitted gross land area shall require in-lieu fee payment in accordance with Section of the Edgewater Municipal Code. A Public Access Agreement with the City, concerning Tract J, is required, subject to City Attorney approval. Section 2. Decision: Based on the foregoing findings, the Commission hereby APPROVES the preliminary plat as proposed by the Application, with the following express CONDITIONS: 1. Approval of all proposed sub-standard lot details through an associated PUD application; 2. The dedicated public/open space area of Tract J and Tract L shall be reviewed and approved by City staff and any discrepancy of dedicated area less than 5% of permitted gross land area shall require in-lieu fee per Section of the Edgewater Municipal Code; 3. A Public Improvement Agreement with the City for W. 29 th Avenue street, curb, gutter and water improvements, subject to City Attorney approval; and 4. A Public Access Agreement with the City, concerning Tract J, subject to City Attorney Approval. 4

5 Each of these conditions must be satisfied prior to the Applicant filing the final plat with the City, no later than one (1) year after the date of this approval, in accordance with Code Sections (h) and Section 3. The approval of the preliminary plat rendered by this Resolution shall lapse and expire unless a final plat based on said preliminary plat is submitted within one (1) year from the date of this approval. INTRODUCED, READ and ADOPTED this 9 th day of January, Nathan Stark, Chair of the Commission ATTEST: Lenore Pedroza, CMC City Clerk 5