STAFF REPORT FOR ANNEXATION AND ZONING. CASE NAME: Taylor Annexation and Zoning PC DATE: August 7, 2013

Transcription

1 STAFF REPORT FOR ANNEATION AND ZONING ANNEATION CASE NO: A ZONING CASE NO: RZ REPORT DATE: July 30, 2013 CASE NAME: Taylor Annexation and Zoning PC DATE: August 7, 2013 ADDRESS OF PROPOSAL: 6900 West Lakeridge Road PROPERTY OWNER: Vernon F. Taylor Jr. Revocable Trust th Street Suite 1450 Denver, CO APPLICANT S CONSULTANTS: Eliot Hoyt, Design Workshop John Lambert, Lambert Land Consulting 1390 Lawrence Street 417 Whitcomb Street Denver, CO Fort Collins, CO REQUEST: To annex to the City of Lakewood a acre property owned by the Vernon F. Taylor Jr. Revocable Trust and to zone the property to One Acre Lot Residential (R-1-43). The owner is not proposing any further development or redevelopment of the property beyond the existing residential and agricultural uses at this time. CITY STAFF: Planning, Development Assistance Engineering, Development Assistance Property Management Mark N. Doering, Principal Planner Dieter Magin, Engineer Spencer Curtis, Right of Way Agent STAFF RECOMMENDATION: Recommend City Council approval of Annexation Case No. A and approval of Zoning Case No. RZ Mark N. Doering Principal Planner Travis Parker Planning Director CONTENTS OF THE REPORT: Report Detail Attachment A - Vicinity Map Attachment B - Zoning Map Attachment C - Request for Council Action to accept the Annexation Petition Attachment D - City Council Resolution to accept the Annexation Petition Attachment E - Annexation Map Attachment F - Concept Plan Attachment G - Neighborhood Meeting Summary Attachment H - Letters received from the public

2 Case Nos. A & RZ Page 2 of 11 I. SUMMARY OF REQUEST An application has been submitted to annex to the City of Lakewood a acre residential and agricultural property owned by the Vernon F. Taylor Jr. Revocable Trust and establish Residential One Acre Lot (R-1-43) zoning on the property. II. PROCESS Title 31, Article 12 of the Colorado Revised Statutes (the Annexation Statute) requires that any Petition for Annexation be presented to the City Council for acceptance in order to initiate the annexation proceedings. The Lakewood City Council voted to accept the applicant s Petition for Annexation at the Council s July 22, 2013 meeting. The Petition and related documentation is included in Attachments C and D. The Annexation Statute also requires that the City Council hold a public hearing on the proposed annexation no earlier than 30 days and no later than 60 days after the date of the acceptance of the Petition of Annexation, and that the annexed property be zoned within 90 days of being annexed into a city. The Planning Commission will hear the annexation and zoning requests to make a recommendation to Council. Thereafter, the City Council would hold its hearing on Monday, September 9, 2013, which is 49 days from the date of the acceptance of the request. The City Council will hear the zoning request at the same date as the annexation request. III. ZONING AND LAND USE Adjacent Zoning Designation Adjacent Land Uses North South East West R-2 in Lakewood R-1-43, R-1-6 and R-2 in Denver and R-MF in PUD in Jefferson County Single-family and Multifamily Residential Single-family and Multifamily Residential Lakewood Single-family and Multifamily Residential See Attachment A - Vicinity Map and Attachment B - Zoning Map. M-E-S, R-MF and R-1-6 in Lakewood Office, Multifamily and Religious Institution Existing Conditions: The acre property located at 6900 West Lakeridge Road contains residential and agricultural land uses. The property is comprised of four parcels of unsubdivided land and contains a primary residence and five caretaker s residences, along with several detached garages and agricultural buildings. The property also abuts Ward Reservoir Number 1 along its northeast property line. There are several areas used for agricultural purposes, a pond and two irrigation ditches on the property, as well as several areas that have primarily native vegetation. See the attached Attachment F Concept Plan for more information on the existing uses on the property. Development History: The primary residence was constructed on the property in Several caretaker s residences have subsequently been added to the property over the years. The acre property was excluded from the original Lakewood incorporation in 1969, while a separate lot owned by the applicant in the Fehlmann Subdivision Filing No. 1 to the south was incorporated into the City. That vacant lot is zoned R-2 (Two-Family and Small Lot Residential) and has been used to access the agricultural uses on the applicant s property from Vassar Avenue. It is not included in the annexation or zoning request.

3 Case Nos. A & RZ Page 3 of 11 IV. NOTICE AND AGENCY REVIEW The agencies listed below received a case referral. Notices for the Planning Commission hearing were mailed to residents and property owners within 500 feet and homeowner associations registered with the City within one-half mile of the subject property as required by the Lakewood Zoning Ordinance. A total of 585 notices were mailed. Comments received are discussed on the following pages. Agency Notification Referral Comments Sent Sent Received West Metro Fire Protection District Alameda Water & Sanitation District cel Energy CenturyLink Comcast Lakewood Police Department Jefferson County Planning & Zoning Denver Planning Department South Lakewood Business Association Thraemoor HOA Sister City Park Neighborhood Assn. Southern Gables Area HOA Westgate Improvement Assn. Greenbrier-Cloverdale HOA Calahan Awareness Group, Inc. Thraemoor Meadows, Inc. Ammons Park HOA Lakewood Pines HOA Lakewood Estates Patio HOA Charterwood HOA Forest Glen HOA, Inc. Thraemoor in the Park Townhomes West 6200 Jewell HOA Ward Lake Association, Inc. Property Owners within 500 feet Referral Agencies Comments: Comments received from Referral Agencies are listed below: Jefferson County Planning & Zoning The property is currently zoned as A-1 which requires a minimum lot size of 5 acres. The proposed zoning of R-1-43 requires a minimum lot size of 1 acre. The change in zoning is an increase in density; however, the County recognizes that the R-1-43 zone district is the City of Lakewood s least dense residential zone district. This property is within Area 4 of the County s South Plains Area Plan, which recommends 4 to 7 dwelling units per acre. The applicant has applied to the Alameda Water and Sanitation District for inclusion into the district boundaries for the three parcels (PINs , and ) that are outside of the estate parcel (PIN ).

4 Case Nos. A & RZ Page 4 of 11 In the case of future development on the site, the County requests that South Upham Street be connected through the subject property to Morrison Road. Jefferson County maps show the eastern portion of Wadsworth as unincorporated Jefferson County. The Annexation map and proposal should be updated to incorporate this portion of Wadsworth Boulevard. In case of future development on the site, the County requests a copy of the Phase III Drainage report for review. Per the Colorado Revised Statue , an Annexation Impact Report is required. Please have the report prepared for the review of the Board of County Commissioners 10 days prior to the hearing. Alameda Water and Sanitation The entire property of acres must complete inclusion into the Alameda Water and Sanitation District before the Alameda District will agree to the annexation of the property into the City of Lakewood. The District is currently working with Eliot Hoyt, Design Workshop, to complete the inclusion. cel Energy Public Service Company of Colorado (PSCo) has existing natural gas and electric distribution facilities within the areas indicated in this proposed rezone. Public Service Company has no objection to this proposed rezone, contingent upon PSCo s ability to maintain all existing rights and this amendment should not hinder the ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities. PSCo has no objection to this annexation proposal and has requested that the City of Lakewood send cel Energy notification after approval of the proposed annexation has been finalized. Other Agencies The City and County of Denver and the West Metro Fire Protection District responded that they have no comments or concerns. No other comments were provided by outside review agencies. Staff Review of Referral Agencies Comments Jefferson County Planning & Zoning - The City has planned for the street connection from the Intersection of Morrison Road and Wadsworth Boulevard to South Upham Street as shown in the Green Gables Subdivision Filing No. 1 and will include that information on the annexation impact report that is required to be sent to the County prior to the annexation hearing by City Council. Alameda Water and Sanitation District - The applicant is working to complete the inclusion into the district, but that cannot happen until the District Board Meeting, scheduled for August 14, 2013, after the Planning Commission Hearing. The Board will hear the matter at that meeting and, if approved, the annexation can proceed to the regular City Council meeting scheduled for September 9, 2013 and still meet state requirements. Staff has added a condition of annexation that the District Board approves the inclusion prior to the City Council public hearing. cel Energy - Notice will be sent to cel Energy as requested if the annexation is approved. The Annexation Map has been reviewed by the Property Management Division for its boundary and that portion of Wadsworth Boulevard is within the City of Lakewood. Should any future development occur on the site, a copy of the drainage report will be forwarded to the County at that time.

5 Case Nos. A & RZ Page 5 of 11 The Annexation Impact Report for the property will be sent to the County as required by State Statutes, and that anticipated future road connection will be shown. Public Comments Received: As of the date of publication of the staff report, Staff has received three letters from two individuals within the 500 notification area surrounding the property. Those letters are enclosed with this report as Attachment H and are summarized below followed by staff responses. Should any additional comments be received prior to the hearing, they will be forwarded to the Planning Commission under separate cover. Summary of Public Comments The comments received relate to the impacts of any future development on roads and drainage patterns, impacts to wildlife and the amount of open space required should any development occur. Because development is not planned with the annexation and zoning applications, there will not be any impacts to the existing wildlife, drainage patterns or public road network. Should any development of the property occur once it is in the City, it will be evaluated by the City for mitigation of those impacts at that time. If the property remains in the County and is developed at a later date, the County would review those proposed impacts at that time. If the property owner seeks development of the property at a later date, they will have to subdivide the property and will be required to submit the appropriate engineering documents for the City to review, including street construction plans, drainage reports and storm water management plans. The City can consult with the Colorado Division of Wildlife to determine any impacts and possible mitigation efforts for the wildlife in the area, should development occur. Should the property be developed, the owner will be required to install the necessary road and drainage infrastructure to support the development, including replacing any damage to existing facilities caused during its construction. Open space will be required for any residential development subject to the requirements listed in Chapter 14 of the Lakewood Municipal Code. Summary of Neighborhood Meeting: A neighborhood meeting for the proposed annexation and rezoning was held on April 2, Approximately 80 individuals attended the meeting. Questions asked at the meeting related to proposed uses, the proposed density, developing similar to Green Gables to the north, and about water use on the property. The applicant responded by stating it is not seeking any development at this time and would like to continue the existing residential and agricultural uses on the property. Specifically, the applicant is not planning any additional development at this time other than the existing single-family home, the five caretaker s residences and agricultural outbuildings as shown on the concept plan. The applicant also responded that it had existing water services for the home from Alameda Water and Sanitation District and had water from two irrigation ditches and a well on the property. V. EVIDENCE AND CONCLUSIONS ANNEATION The property owner is proposing to annex and zone the property at 6900 W. Lakeridge Road. The Planning Commission is being asked to review the annexation request and zoning request to R-1-43 and make a recommendation on each to the City Council.

6 Case Nos. A & RZ Page 6 of 11 Annexation is a discretionary action on the part of the City. However, the City s Comprehensive Plan does provide guidance regarding annexations and compliance with certain state statutes is required as discussed below. 1. Conformance with the Lakewood Comprehensive Plan The Lakewood Comprehensive Plan provides guidance for annexation decisions. The Comprehensive Plan notes that financial benefit should not be the sole component of annexation analysis; social benefits and control of land uses should also be addressed. GOAL: ANNE AND GROW IN A MANNER CONSISTENT WITH THE GOALS AND POLICIES OF THIS COMPREHENSIVE PLAN. Policy: Approve only annexation proposals that are in conformance with the Lakewood Comprehensive Plan and other adopted plans. Policy: Consider annexing existing enclaves within the City s boundaries to achieve efficiency of services. The proposed Taylor Annexation conforms to the goals and policies of the Lakewood Comprehensive Plan. While the property is not technically an enclave surrounded by the City on all sides, it is adjacent to the City boundary on three sides. The annexation would complete the furthest expansion of the City in this area, as all other properties south of the property are either in Lakewood or in the City and County of Denver. The two properties to the north in Jefferson County would become an enclave of the County, entirely surrounded by Lakewood. The proposed zoning of the property would be identical to the City s zoning of the adjacent residential land to the east of the property within the City of Lakewood, which is the least dense zone district in the City. It allows for residential and agricultural land uses on a minimum of oneacre lots. The applicant is not proposing any development of the property with this annexation and zoning request. Once in the City, should the property owner ever develop the property further, it would be subject to the City s processes and Comprehensive Plan, instead of the Jefferson County development process and Comprehensive Plan. The property s inclusion into the City will achieve efficiencies of services by allowing the City to provide municipal services that it already provides on three sides of the property. While the property is already located within the West Metro Fire Protection District and R-1 School District, the City will provide police protection once it is annexed. 2. Conformance with the Three Mile Plan Section (1)(e) of the Colorado Revised Statutes places limits on municipalities which annex land by mandating that no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. The proposed annexation would not extend the City s boundary more than three miles. The City s current Three Mile Plan consists of an introduction and description of the Three Mile Plan, various independent and applicable land use plans including the City of Lakewood Comprehensive Plan, the Jefferson County Comprehensive Master Plan, the South Plains Area

7 Case Nos. A & RZ Page 7 of 11 Plan, the Central Plains Area Plan, the North Plains Area Plan, the Central Mountains Community Plan, the Indian Hills Community Plan and the Conifer/285 Corridor Area Community Plan. The County has reorganized its plans into the Jefferson County Comprehensive Master Plan, with specific area plans covering different areas of the County. This property is now located within the South Plains Area Plan portion of the Jefferson County Comprehensive Master Plan. The Three Mile Plan also contains an explanation of how the plan addresses state requirements and an annexation area map. The proposed Taylor Annexation was evaluated based upon the goals of the applicable plans, the City of Lakewood Comprehensive Plan and the South Plains Area Plan and found to be in compliance. 3. Conformance with the Colorado Revised Statutes All annexations in the state of Colorado must comply with Title 31, Article 12 of the Colorado Revised Statutes (The Municipal Annexation Act of 1965). The statute regulates eligibility of property for annexation and specifies criteria to be used in evaluating and approving proposed annexations. Section of the Colorado Revised Statues (CRS) states that a property is eligible for annexation if a municipality has received a petition for the annexation of such area signed by persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area. The City received and accepted a petition from the Vernon F. Taylor Jr. Revocable Trust, as single owner of the entire property seeking annexation, at its City Council meeting on July 22, Section (a) of the CRS requires that at least one-sixth of the perimeter of the area proposed to be annexed be contiguous with the annexing municipality. The property s boundaries are contiguous with the City of Lakewood boundary for 6, feet of its 10, foot total exterior boundary (or 67 percent of its perimeter), as demonstrated on the Annexation Map in Attachment E, thereby meeting and exceeding the one-sixth contiguity requirement. Section (b) of the CRS requires that a community of interest exist between the area proposed to be annexed and the annexing municipality. In addition, the CRS requires that the property be urban or is expected to be urbanized in the near future, and that the property be determined to be integrated with or capable of being integrated with the annexing municipality. Because the area proposed to be annexed has the required one-sixth contiguity with the Lakewood, it meets the urbanization and integration requirements as allowed by the statute. Both the City of Lakewood and the property owner are interested in the annexation of the property to allow for any future development, should it occur, under the City s Comprehensive Plan and development processes. The property itself is located within an urbanized area. It is surrounded by urbanized lands on the west and south sides. The property to the north will soon be urbanized with the redevelopment of the former Green Gables Country Club into urbanized commercial and residential land uses. The applicant is seeking inclusion into the Alameda Water and Sanitation District for those areas not currently served by sewer and water. The applicant is working on finalizing the agreement with the District for inclusion and anticipates that it will be completed at the District s next board meeting on August 14, The property is integrated with the adjoining residential properties to the east that are already within the City. Its main vehicular access is through the existing private road, Lakeridge Road, through those properties to the east. Should the property be developed further, it is easily capable

8 Case Nos. A & RZ Page 8 of 11 of being integrated into the City s road network and adjoining land use pattern. Wadsworth Boulevard is the property s western boundary and would allow for any future integration into the City upon any future development of the property. Should further development occur, the connection from the intersection of Wadsworth Boulevard and Morrison Road to Upham Street in the Green Gables subdivision would be required. Section (e) of the CRS states that no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. This annexation does not extend the municipal boundary more than three miles from its current boundary. VI. EVIDENCE AND CONCLUSIONS ZONING Zoning is also a discretionary action on the part of the City. The review criteria for zoning requests are outlined in Section A of the Lakewood Zoning Ordinance. Staff s analysis of the project against these standards is provided below in Section A. There are specific engineering standards that must be met, which are summarized in Section B below. A. Conformance with Standards for Zoning Criteria A. 1. The proposed rezoning promotes the purposes of this Zoning Ordinance as stated in Section The proposed zoning will promote the public health, safety and welfare of the citizens of the City of Lakewood. The proposed R-1-43 zone district will allow the existing residential and agricultural uses to remain on the property and would maintain that character and densities of the neighboring properties to the east. The R-1-43 zone district is the City s least dense residential zone district and it allows for agricultural uses including the existing horse-related uses such as the barns and paddocks. The proposed zoning will ensure the effective integration of development and redevelopment with surrounding land uses. The proposed residential and agricultural uses are compatible with the large lot single-family uses to the east, single-family to the south, and future single-family residential to the north. This site is adjacent to residentially zoned property with a variety of housing types, from single family residential on large one acre or larger properties in Lakewood to the east, the small lot single-family residential in Lakewood to the south, the multifamily to the southeast in Denver and Lakewood, or the future single-family and multifamily residential planned to the north in unincorporated Jefferson County. West of the site in the City of Lakewood, are multifamily residential and office properties. The property as it currently exists is most compatible with the zoning and land uses of those properties to the east that currently provide the only road connection (a private road) to the property. The proposed zoning will promote the orderly development and redevelopment of land within the City of Lakewood. It will allow development to be regulated by the City, as opposed to developing under the requirements and processes of Jefferson County. While the applicant is not proposing any development at this time, should any further development occur in the future, it will be evaluated with the City s Comprehensive Plan and development regulations in effect at that time.

9 Case Nos. A & RZ Page 9 of 11 Under the proposed zoning, the existing single-family residence on the property will continue to be a permitted use under the proposed R-1-43 zoning and the five existing caretaker s residences shown on the Concept Plan in Attachment F will become nonconforming. Those residences will be subject to the nonconforming use and building regulations in Article 12 of the Zoning Ordinance. Even with those residences remaining, the resulting density of one dwelling unit per twenty acres for the six total residences is still well below the maximum density of one dwelling unit per acre allowed in the R-1-43 zone district. 2. The proposed zoning is compatible with existing surrounding land uses or the land uses envisioned in the Comprehensive Plan. The proposed zoning will enhance the property and surrounding area by allowing uses that are compatible with the adjacent zone districts to the north, south and east. Height will be limited to a maximum of 35 feet, which is the allowed height of the adjacent single-family zone districts, including those proposed in the County to the north. The proposed density is equal to the properties to the east and is less than all of the existing or planned residential along the north, west and south sides of the property. 3. The proposed zoning meets at least one of the following: The zoning ordinance requires that one of the following three factors must exist. i. The proposed zoning promotes implementation of the Comprehensive Plan. Lakewood Comprehensive Plan The proposed zoning request meets the goals of the Lakewood Comprehensive Plan in that the existing residential and agricultural uses will interact well with the context of the area, utilize existing infrastructure and public services, and encourage aesthetic considerations in any further development. The proposed rezoning also supports Lakewood Comprehensive Plan goals relating to General Land Use and Residential. The proposal helps advance the goals of the Comprehensive Plan, which include: Plan and guide the City s development within well-defined urban growth boundaries. Annex and grow in a manner consistent with the goals and policies of this Comprehensive Plan. Promote infill development that interacts well with the character of adjoining neighborhoods. Encourage new residential development in appropriate locations relative to densities, needed services and other land uses. ii. There has been a material change in the character of the neighborhood or in the City generally, such that the proposed zoning would be in the public interest and consistent with the change. While there has not been a material change in the existing physical character of the property or the neighborhood, there will be a significant change to the adjoining property to the north. The existing Green Gables County Club, in unincorporated

10 Case Nos. A & RZ Page 10 of 11 Jefferson County, has ceased functioning as a golf course and is actively pursuing development of that property into single-family, multifamily residential and commercial land uses that will significantly change the character of the neighborhood once they are built. The property has been rezoned to Planned Unit Development in the County and is in the process of being subdivided for residential lots. The proposed zoning of the Taylor Property will allow the property to remain as it is currently being used for residential and agricultural land uses, but will allow the City to determine what zoning and uses will be allowed on the property in the future, as opposed to being regulated by Jefferson County. iii. The property was zoned in error. Not applicable. B. Engineering Analysis. Because the applicant is not proposing any development with this zoning application, no Preliminary Drainage Report, Preliminary Street Construction Plans or Traffic Study were required. Those plans and reports will be reviewed at the appropriate time should any additional development occur on the property in the future. VII. FINDINGS OF FACT - ANNEATION Based upon the information and materials provided in the staff report and testimony presented during the public hearing, staff supports the annexation request. Therefore, the City of Lakewood staff recommends that the Planning Commission find that: a. The property owner, Vernon F. Taylor Jr. Revocable Trust, has initiated annexation proceedings in accordance with law for that property known as the Taylor Annexation; and b. Notice of the Public Hearing as required by the Lakewood Zoning Ordinance was published in a newspaper of general circulation; and c. Notice of the Public Hearing occurred as required by the Lakewood Zoning Ordinance to the fee owners of property and residents within 500 feet and to neighborhood associations, registered with the City within ½ mile of the property proposed to be annexed; and d. Notice of the Public Hearing was posted on the subject property as required by the Lakewood Zoning Ordinance; and e. The request was reviewed by the appropriate referral agencies; and f. The proposal is consistent with the goals of the Comprehensive Plan; and g. The proposal complies with the provisions of Title 31, Article 12 of the Colorado Revised Statutes. AND That the Planning Commission adopts the findings of fact as presented in the staff report and

11 Case Nos. A & RZ Page 11 of 11 recommend City Council APPROVE Annexation Case No. A , with the following condition: 1. The applicant shall complete the inclusion agreement with the Alameda Water and Sanitation District prior to the public hearing before the City Council. FINDINGS OF FACT - ZONING Based upon the information and materials provided by the applicant, the neighborhood, and this staff report, staff supports the zoning request. Therefore, the City of Lakewood staff recommends that the Planning Commission find that: a. The property owner, Vernon F. Taylor Jr. Revocable Trust, is proposing to zone the property to One Acre Lot Residential (R-1-43); and b. This site conforms to the proposed R-1-43 zone district development standards, as evidenced within this staff report for the property; and c. Notice of the Public Hearing was provided in a timely manner to the fee owners of property and residents within 500 feet and registered neighborhood organizations within one-half mile as required by the Lakewood Zoning Ordinance; and d. Notice was published in full in an official newspaper in the City at least six days prior to the hearing; and e. Notice of the Public Hearing was posted on the subject property as required by the Lakewood Zoning Ordinance; and f. The request was reviewed by the appropriate referral agencies; and As required by Section REVIEW CRITERIA FOR INITIAL ZONING AND REZONING the Planning Commission finds that: g. The proposed zoning promotes the purposes of this Zoning Ordinance as stated in Section of the Lakewood Zoning Ordinance; and h. The proposed zoning is compatible with existing surrounding land uses or the land uses envisioned in the Comprehensive Plan; and i. The proposed zoning promotes implementation of the Comprehensive Plan. AND The Planning Commission adopts the findings of fact presented in the staff report and recommends that the City Council APPROVE Rezoning Case No. RZ Cc: Case Files A and RZ Eliot Hoyt, Applicant s Representative S:\Development Review\Cases\DAT13\A W LAKERIDGE RD\PC HEARING\FINAL STAFF REPORT.docx