CITY COUNCIL AGENDA MEMORANDUM

Transcription

1 City and County of Broomfield, Colorado CITY COUNCIL AGENDA MEMORANDUM To: Mayor and City Council From: Charles Ozaki, City and County Manager Prepared by: Anna Bertanzetti, Principal Planner David Shinneman, Acting Community Development Director Kevin Standbridge, Deputy City and County Manager Meeting Date Agenda Category Agenda Item # January 24, 2012 Council Business 9(a) 1. Public Hearing on Proposed Pinnacle North Planned Unit Development Plan and Site Development Plan Text Amendments Agenda Title: Location: East of Lowell Boulevard at Misty Street Applicant: Carapace Homes, LLC 2. Consideration of Resolution No , Regarding the Application Summary The applicant is requesting to amend the Site Development Plan (SDP) and Planned Unit Development (PUD) Plan to reduce the side yard setbacks from 10 feet to five feet and rear yard setbacks from 25 feet to 15 feet for five of 10 undeveloped lots in the Pinnacle North subdivision to accommodate new home models. On December 2, 2011, the applicant purchased the ten remaining un-built lots in Pinnacle North and will build new home models in the project. The request for variances applies to five of the 10 remaining un-built lots. The existing setbacks are consistent with the Uniform Subdivision Standards for Residential PUD Plans and Residential Site Development Plans of the Broomfield Municipal Code. The applicant is requesting a variance from the Uniform Standards through the text amendments to allow the reductions as specified. On August 8, 2011, the Planning and Zoning Commission (P&Z) recommended approval of the amendments to the PUD plan and preliminary plat and site development plan subject to one condition: 1) The requested variance for the east side of Lot 7, Block 1 is not recommended for approval. All other variances for reduced setbacks were recommended for approval. The applicant agreed to the condition. On September 27, 2011, the City Council continued the public hearing at the request of the applicant to October 25, 2011, and on October 25, 2011, City Council vacated the public hearing to allow additional time for the applicant and owner to extend a purchase agreement or for the owner to decide whether or not to continue authorizing the application. Proposed Resolution No would approve the PUD plan and site development plan text amendments. Prior Council Action November 23, 2004 Pinnacle North PUD Plan, final plat and site development plan were approved (Resolution No ). Financial Considerations The proposal is consistent with Broomfield s adopted Long Range Financial Plan. Alternatives Based on the testimony and evidence presented on the record at the public hearing: If the proposed application complies with applicable Broomfield Municipal Code (BMC) review standards and is consistent with the intent of the Comprehensive Plan: o Approval If the proposed plans do not comply with applicable BMC review standards or are inconsistent with the intent of the Comprehensive Plan: o Remand the case to the Planning and Zoning Commission for additional review and recommendations; o Postpone action on the resolution and continue the hearing to a date certain; or o Direct the City and County Attorney to draft findings to support denial of the application. Proposed Actions/Recommendations Hold the public hearing. Following and subject to the results of the public hearing, if Council wishes to approve the application... That Resolution No be adopted. 9(a) - Page 1

2 Page 2 PINNACLE NORTH PUD PLAN AND SDP TEXT AMENDMENTS Report Contents Subject Page I. SUMMARY OF APPLICATION 3 Applicant and Property Owner 3 II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT 4 Zoning, PUD Plan and Preliminary Plat 4 Status of the Development 5 Estimated Population 5 III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS 6 Relationship to Comprehensive Plan and Financial Plan 6 IV. AREA CONTEXT 7 Property Location 7 Surrounding Land Uses 8 V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW 8 Description 8 Background and Base Data 8 Architecture 8 Development Standards 9 Neighborhood Meeting 11 VI. STAFF REVIEW OF KEY ISSUES 11 VII. PLANNING AND ZONING COMMISSION RECOMMENDATION 11 VIII. APPLICABLE MUNICIPAL CODE PROVISIONS 11 9(a) - Page 2

3 Page 3 I. SUMMARY OF APPLICATION The Pinnacle North Filing No. 1 subdivision is located east of Lowell Boulevard at Misty Street. The subdivision includes a total of fifteen residential lots. Five of the existing fifteen lots have been developed. The applicant has purchased the 10 undeveloped lots and intends to build new house models on these lots. The applicant is requesting variances for five of the 10 undeveloped lots. The proposed amendments would reduce the side yard setbacks from 10 feet to five feet and rear yard setback from 25 feet to 15 feet for the five lots included in this application (see map below). The side yard setbacks immediately adjacent to developed residential lots within Pinnacle North will remain unchanged. The reduced setbacks will allow the developer to provide potential buyers with a three-car garage option on these lots and would allow a larger ranch style home to be constructed on the lots if chosen by a buyer. The owner would also have an opportunity to propose larger homes for the lots than would be accommodated with the existing setbacks. Applicant and Property Owner The property owner is Broomfield Carapace, LLC. The applicant is Carapace Homes LLC. 9(a) - Page 3

4 Page 4 II. ZONING, PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR THE PROPERTY, AND STATUS OF DEVELOPMENT Zoning, PUD Plan and Preliminary Plat The property is zoned Planned Unit Development (PUD). The site is within the Pinnacle North PUD Plan approved in The PUD Plan includes single-family residential and religious uses within a 12-acre site. The PUD Plan included 15 residential lots on the south side of the site and a church on the north side of the property. A portion of the approved PUD Plan for Pinnacle North is shown below. 9(a) - Page 4

5 Page 5 The property was platted and a site development plan (SDP) for Pinnacle North was approved concurrent with the PUD Plan in The SDP and PUD Plan included development standards and design standards for the homes to be constructed on the residential lots. Elevations for the residential development were not included in the SDP, instead elevations required separate administrative review and approval for compliance with the design standards. In April 2011, the applicant was granted administrative approval of six new house plans for the remaining undeveloped residential lots within Pinnacle North. All six house plans had a maximum height less than 28 feet. Of the six house plans, four with two-car garages fit onto all lots in the subdivision. The remaining two house plans and optional three-car garages could be accommodated on some, but not all, of the remaining lots. The applicant is requesting set-back variations to allow the new house plans and three-car garages to fit on all of the lots included in the application. Status of the Development Five of the 15 residential lots in Pinnacle North have been developed. A new builder, Carapace Homes, has purchased the remaining lots. The church has been completed immediately north of the residential lots. Estimated Population The approved 15 residential lots are anticipated to generate approximately 45 residents (estimating three persons per unit). The proposed text amendment does not impact the anticipated population generated by the development. 9(a) - Page 5

6 Page 6 III. APPLICABLE CITY AND COUNTY OF BROOMFIELD PLANS Relationship to Comprehensive Plan and Financial Plan Comprehensive Plan Land Use Map The Broomfield Comprehensive Plan designation for the property is Neighborhood Residential." The Neighborhood Residential land use category is described as follows: Neighborhood Residential areas should include a mix of housing types that achieve an overall average density target of four dwelling units per gross acre. The approved maximum density for Pinnacle North of 2.8 dwelling units per acre is consistent with the Neighborhood Residential land use category. The following map shows the portion of the Comprehensive Plan Land Use Plan that pertains to the Pinnacle North subdivision and surrounding area. 9(a) - Page 6

7 Page 7 Financial Plan The proposal is consistent with the land use assumption established in the Long Range Financial Plan and does not change estimated long range revenues or expenditures. Goals and Policies The proposed project would help meet the following Comprehensive Plan goals and policies: Goal HO-C - Encourage a diversity of populations by providing a variety of housing types that serve a broad spectrum of households. Property Location IV. AREA CONTEXT The five lots included in the amendments are located within a subdivision that contains 15 residential lots. The Trails at Westlake residential area is located east of the site. The Trails at Westlake consists of single-family residential lots with minimum five-foot side yard setbacks and 15-foot rear yard setbacks, similar to the requested setbacks proposed by the applicant. The Redleaf neighborhood is located west of the site. A church is located north of the lots. 9(a) - Page 7

8 Page 8 Surrounding Land Uses ADJACENT USE/ZONING COMPREHENSIVE PLAN DESIGNATION North Church/PUD Neighborhood Residential South Westlake Farms Residential/PUD Westlake Village Residential/PUD Neighborhood Residential Neighborhood Residential East Trails at Westlake/PUD Neighborhood Residential West Redleaf Residential/PUD Paul Derda Recreation Center/PUD Neighborhood Residential Public/Community Facility Description V. CURRENT APPLICATION DETAILED DESCRIPTION AND STAFF REVIEW The proposal is to reduce the rear yard and side yard setbacks for five of the 15 residential lots of Pinnacle North Filing No. 1. The reduction in setbacks will increase the buildable portion of each lot to accommodate three-car garage options and a larger ranch model for a new builder. Background and Base Data 1. APPLICANT Carapace Homes, LLC 2. PROPERTY OWNER Broomfield Carapace, LLC 3. PROPERTY LOCATION East of Lowell Boulevard at Misty Street 4. PROPERTY SIZE 0.9 acres 5. CURRENT ZONING PUD 6. CURRENT LAND USE Undeveloped 7. PROPOSED LAND USE Residential 8. COMPREHENSIVE PLAN Neighborhood Residential DESIGNATION Architecture In April 2011, the applicant was granted administrative approval for six new house plans within Pinnacle North Filing No. 1 as allowed under the existing Pinnacle North Filing No. 1 Site Development Plan. Examples of the house plans are on the following page. 9(a) - Page 8

9 Page 9 Examples of Approved House Elevations for Pinnacle North Development Standards All six approved house plans have a maximum height of 28 feet each. The current setbacks for houses with a height of 28 feet or less are 25 feet for front yard, 10 feet for side yards, and 25 feet for rear yards. The minimum depth of the lots in the subdivision is 100 feet, which will accommodate a house with a maximum depth of 50 feet with the existing setbacks. The applicant has requested a reduction in the rear yard setback from 25 to 15 feet to accommodate a larger ranch home as an option for purchasers of the subject lots. The reduction in the rear yard setback would also allow the builder to propose larger house plans in the future. 9(a) - Page 9

10 Page 10 The minimum lot width for the five subject lots is 70 feet, which will accommodate a house with a maximum width of 50 feet with the existing setbacks. The approved house plans have widths less than 50 feet if built with a two-car garage. The applicant has asked to reduce the setback to five feet on each side to accommodate an optional three-car garage. The side setback would not be reduced adjacent to any lot line shared with a previously constructed house within Pinnacle North or the Trails at Westlake (on these lots only select models would be able to be built with a three-car garage option). The map below shows the five lots included in the application highlighted in yellow. The setbacks that would be reduced by the subject text amendments are shown with a red line. Setbacks Proposed for Reduction 9(a) - Page 10

11 Page 11 Neighborhood Meeting The applicant held a neighborhood meeting on July 27, 2011, in the Broomfield Community Center. The meeting was attended by three residents representing two of the five occupied lots within the subdivision. The applicant has indicated those in attendance were generally in support of the proposed amendments. Staff has received one in support of the proposal from an existing resident within Pinnacle North Filing No. 1 (Attachment 1). VI. STAFF REVIEW OF KEY ISSUES There are no key issues identified for the subject application. VII. PLANNING AND ZONING COMMISSION RECOMMENDATION On August 8, 2011, the Planning and Zoning Commission held a public hearing concerning the proposed planned unit development plan and site development plan text amendments. The Commission recommended approval of the application subject to the following condition: 1. The requested variance for the east side of Lot 7, Block 1 is not recommended for approval. All other variances for reduced setbacks are recommended for approval. The applicant indicated during the hearing the condition was acceptable and the text amendment agreement was revised accordingly. VIII. APPLICABLE MUNICIPAL CODE PROVISIONS A public hearing is required. At the conclusion of the public hearing, Council reviews the application based on the following provisions of the BMC. Planned Unit Development Plan Text Amendment PUD plan; hearing and notice; city council. The city council shall hold a public hearing on the PUD plan. Notice shall be given in accordance with the provisions of chapter PUD plan; decision; city council; recording. Within thirty days of the conclusion of its public hearing, the city council shall adopt a resolution of approval, disapproval, or referral back to the planning and zoning commission for further study PUD plan; review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed PUD plan meets the following standards: 9(a) - Page 11

12 Page 12 (A) The proposal should be consistent with the intent of this chapter as set forth in section (B) The proposal should be consistent with the master plan. (C) The proposal should identify and mitigate potential negative impacts on nearby properties, other areas of the city, and the city as a whole. (D) The proposal should identify and maximize potential positive impacts on nearby properties, other areas of the city, and the city as a whole. (E) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (F) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (G) The proposal should optimize conservation of energy, water, and other resources on a broad scale. (H) The land uses within the plan should be compatible with one another and with nearby properties. (I) The proposal should provide for open space at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section below. (J) The proposal should adequately provide for an organization for ownership and maintenance of any common areas. (K) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. Site Development Plan Text Amendment Review standards. The recommendation of the planning and zoning commission and the decision of the city council shall be based on whether the applicant has demonstrated that the proposed site development plan meets the following standards: (A) The proposal should be consistent with the intent of this chapter as set forth in section (B) The proposal should identify and mitigate potential negative impacts on nearby properties. (C) The proposal should identify and maximize potential positive impacts on nearby properties. (D) The proposal should include adequate facilities for pedestrians, bicyclists, and motorists. (E) The proposal should include adequate public improvements (both on and off site) to be provided in a timely fashion. (F) The proposal should optimize conservation of energy, water, and other resources on a site-specific scale. (G) The land uses within the plan should be compatible with one another and with nearby properties. (H) The proposal should provide for open area at a rate of not less than forty percent of the developable site in residential areas and twenty-five percent in other areas as provided in section below. (I) The proposal should include any common areas serving the site, and adequate provisions should be made for the ownership and maintenance of such areas. (J) The proposal should justify any proposed deviations from the Broomfield Municipal Code in terms of the overall quality of the plan. (K) The proposal should be consistent with the approved PUD plan. (L) For residential-use PUD plans and site development plans, the proposal should be consistent with adopted uniform standards. (Ord , 1987; Ord , 1994; Ord , 1995; Ord , 1998; Ord , 2011) Site development plan; hearing and notice; city council. The city council shall hold a public hearing on the site development plan. Notice shall be given in accordance with the provisions of chapter (Ord , 1987) Site development plan; decision; city council; recording. (A) Within thirty days of the conclusion of its public hearing on the site development plan, the city council shall adopt a resolution of approval, disapproval, or referral back to the planning and zoning commission for further study. (B) The site development plan shall include a legal description of the real property within the boundaries of the site development plan and a vicinity map showing the location in the city of the site development plan, which shall be recorded in the office of the director of recording, elections, and motor vehicles. (Ord , 1987; Ord , 1995; Ord , 1999; Ord , 2001; Ord , 2011) Exceptions. For good cause shown by the applicant, the city council may eliminate, alter, or vary some or all of these uniform subdivision standards for a residential PUD plan or for a residential site development plan. (Ord , 1997) 9(a) - Page 12

13 Anna Bertanzetti From: Jessica Im ] Sent: Friday, July 29, :48 AM To: Anna Bertanzetti Subject: Pinnacle North HI Anna, 8/4/ (a) - Page 13 My husband & I live at Misty Street. I met with Kevin & John Wednesday evening regarding their plans to build. in Pinnacle North. We are ok with the revision in the setback lines, as long as the setbacks between the homes that are already built are left alone, as discussed with Kevin & John. Please feel free to call or me anytime. Thanks, Jessica Im ATTACHMENT 1

14 RESOLUTION NO A RESOLUTION APPROVING PINNACLE NORTH FILING NO. 1 PLANNED UNIT DEVELOPMENT PLAN AND SITE DEVELOPMENT PLAN TEXT AMENDMENTS FOR CARAPACE HOMES, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, COLORADO: Section 1. Pursuant to the provisions of articles II and III of chapter Broomfield Municipal Code, Pinnacle North Filing No. 1 Planned Unit Development Plan and Site Development Plan Text Amendments for Carapace Homes, LLC, attached hereto, are hereby approved. Section 2. This resolution is effective upon its approval by the City Council. APPROVED on January 24, THE CITY AND COUNTY OF BROOMFIELD, COLORADO ATTEST: Mayor City and County Clerk City and County Attorney 9(a) - Page 14

15 Pinnacle North Site Development Plan - First Amendment An Amendment to the Pinnacle North Site Development Plan (Recorded April 14, 2005) 1. Setbacks for the single-family residential lots are specified in the site development plan, including a minimum rear yard setback of 25 feet and a minimum interior side yard setback of either 10 feet for buildings with height less than 28 feet or 12 feet for buildings with a height greater than 28 feet, but less than 31 feet. 3. The owner of five lots in the subdivision requests a reduction in the rear yard setback to allow a larger model than would otherwise fit on lots and a reduction in the side yard setbacks of the same lots to allow the option of three car garages for additional house models. Therefore, the following text amendment is hereby authorized to the Pinnacle North PUD and Preliminary Plat affecting a portion of Planning Area A specifically known as Lots 4, 5, and 7 of Block 1 Pinnacle North Filing No. 1 and Lots 6 and 9 of Block 2, Pinnacle North Filing No. 1: On Sheet 1 of 7 Pinnacle North Filing No. 1 recorded April 2005: 1. To allow a reduction in the side yard and rear yard setbacks for five specified lots, amend the PUD by adding the following table: Setbacks Modified by First Amendment to PUD Plan Parcel Left Side Yard * Right Side Yard * Rear Yard Block 1, 10 feet (bldg height <28') 5 feet (bldg height <28') Lot 4 12 ft (bldg height 28' ') 12 feet (bldg height 28' ') 15 feet Block 1, 5 feet (bldg height <28') 10 feet (bldg height <28') Lot 5 12 feet (bldg height 28' ') 12 ft (bldg height 28' ') 15 feet Block 1, 5 feet (bldg height <28') 10 feet (bldg height <28') Lot 7 12 ft (bldg height 28' ') 12 ft (bldg height 28' ') 15 feet Block 2, 10 feet (bldg height <28') 5 feet (bldg height <28') Lot 6 12 feet (bldg height 28' ') 12 ft (bldg height 28' ') 15 feet Block 2, 5 feet (bldg height <28') 5 feet (bldg height <28') Lot 9 12 ft (bldg height 28' ') 12 ft (bldg height 28' ') 15 feet *Left and right side yard determined as if facing property from street. Pinnacle North Site Development Plan 1st Amendment Page 1 of 3 9(a) - Page 15

16 OWNER AUTHORIZATION: BROOMFIELD CARAPACE LLC BY: CARAPACE INVESTMENT GROUP LLC, ITS MANAGER BY: CARAPACE CAPTIAL, LLC ITS MANAGING MEMBER STATE OF COLORADO ii ) ss. COUNTY OF d rapti h"< ) 44 The foregoing instrument was acknowledged before me this I D day of ^ativn^ 20(., by Andrew R. Klein and Scott Claymon as Managers of Carapace apital, LLC, as the Managing Member of Carapace Investment Group LLC, as the Manager of Broomfield Carapace LLC. Witness my hand and official seal. My commission expires: Pinnacle North Site Development Plan 1st Amendment Page 2 of 3 9(a) - Page 16

17 APPROVALS: PLANNING AND ZONING COMMISSION CERTIFICATE: This First Text Amendment to the Pinnacle North Site Development Plan is recommended for Approval y the City and County }f Broomfield Planning and Zoning Commission this 8ykday of, 20 1' Chairman, Planning and Zoning Commission CITY COUNCIL CERTIFICATE This First Text Amendment to the Pinnacle North Site Development Plan is hereby approved by the City Council of the City and County of Broomfield this day of 20 Mayor, City and County of Broomfield Witnessed by: STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before me this day of, 20, by, as of Witness my hand and official seal. My commission expires: Notary Public Pinnacle North Site Development Plan 1st Amendment Page 3 of 3 9(a) - Page 17

18 Pinnacle North PUD Plan and Preliminary Plat - First Amendment An Amendment to the Pinnacle North PUD Plan and Preliminary Plat (Recorded April 14, 2005) 1. The approved Pinnacle North Planned Unit Development (PUD) and Preliminary Plat permits single family residential uses in Planning Area A as depicted on page 2 of the PUD Plan. 2. Setbacks for the single-family residential uses are specified in the PUD Plan, including a minimum rear yard setback of 25 feet and a minimum interior side yard setback of either 10 feet for buildings with height less than 28 feet or 12 feet for buildings with a height greater than 28 feet, but less than 31 feet. 3. The owner of five lots in the subdivision requests a reduction in the rear yard setback to allow a larger model than would otherwise fit on lots and a reduction in the side yard setbacks of the same lots to allow the option of three car garages for additional house models. Therefore, the following text amendment is hereby authorized to the Pinnacle North PUD and Preliminary Plat affecting a portion of Planning Area A specifically known as Lots 4, 5, and 7 of Block 1 Pinnacle North Filing No. 1 and Lots 6 and 9 of Block 2, Pinnacle North Filing No. 1: On Sheet 1 of 7 Pinnacle North Filing No. 1 recorded April 2005: 1. To allow a reduction in the side yard and rear yard setbacks for five specified lots, amend the PUD by adding the following table: Setbacks Modified by First Amendment to PUD Plan Parcel Left Side Yard* Right Side Yard * Rear Yard Block 1, 10 feet (bldg height <28') 5 feet (bldg height <28') 15 feet Lot 4 12 ft (bldg height 28' ') 12 feet (bldg height 28' ') Block 1, 5 feet (bldg height <28') 10 feet (bldg height <28') 15 feet Lot 5 12 feet (bldg height 28' ') 12 ft (bldg height 28' ') Block 1, 5 feet (bldg height <28') 10 feet (bldg height <28') 15 feet Lot 7 12 ft (bldg height 28' ') 12 ft (bldg height 28' ') Block 2, 10 feet (bldg height <28') 5 feet (bldg height <28') 15 feet Lot 6 12 feet (bldg height 28' ') 12 ft (bldg height 28' ') Block 2, 5 feet (bldg height <28') 5 feet (bldg height <28') 15 feet Lot 9 12 ft (bldg height 28' ') 12 ft (bldg height 28' ') *Left and right side yard determined as if facing property from street. Pinnacle North PUD Plan and Preliminary Plat 1st Amendment Page 1 of 3 9(a) - Page 18

19 OWNER AUTHORIZATION: BROOMFIELD CARAPACE LLC BY: CARAPACE INVESTMENT GROUP LLC, ITS MANAGER BY: CARAPACE CAPTIAL, LLC, ITS MANAGING MEMBER STATE OF COLORADO COUNTY OF ArRf, ^- The foregoing instrument was acknowledged before me this In _Lday of ck N, 201?, by Andrew R. Klein and Scott Claymon as Managers of Carapace capital, LLC, as the Managing Member of Carapace Investment Group LLC, as the Manager of Broomfield Carapace LLC. Witness my hand and official seal. My commission expires: ao/ Notary Public Pinnacle North PUD Plan and Preliminary Plat 1st Amendment Page 2 of 3 9(a) - Page 19

20 APPROVALS: PLANNING AND ZONING COMMISSION CERTIFICATE: This First Text Amendment to the Pinnacle North PUD Plan and Preliminary Plat is recommended for Approval by the City and County of Broomfield Planning and Zoning Commission this 84- day of 20 1 Chairman, Planning and Zoning Commission CITY COUNCIL CERTIFICATE This First Text Amendment to the Pinnacle North PUD Plan and Preliminary Plat is hereby approved by the City Council of the City and County of Broomfield this day of, 20 Mayor, City and County of Broomfield Witnessed by: STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before me this day of, 20, by, as of Witness my hand and official seal. My commission expires: Notary Public Pinnacle North PUD Plan and Preliminary Plat 1st Amendment Page 3 of 3 9(a) - Page 20