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Home My WebLink About3.0 PC Staff Report 03.08.2005• • rw 3-8-05 pc Lot 47 Valley View Zone District/Text Amendment STAFF REPORT TO PLANNING COMMISSION REQUEST: Rezone the subject property from Neighborhood Commercial (NC) to Mixed Use District OWNER/APPLICANT: Edward and Ida Lee Hoaglund REPRESENTATIVE: Leavenworth & Karp, PC GENERAL LOCATION OF PROPERTY: Southeast corner of West Battlement Parkway and Stone Quarry Road PROPERTY SIZE: 7.9 Acres EXISTING ZONING: Neighborhood Commercial SURROUNDING ZONING: Medium Density Residential, Low Density Residential, Public Space Residential, and Open Space 1. REQUEST The applicant is requesting to rezone their property from Neighborhood Commercial to a new PUD zone district called Mixed Use. This request is based on the applicants desire to use the property in a way that would be more conducive to the surrounding activities in the area. 2. CURRENT PROPERTY USE Currently the property is an unimproved piece of ground. It appears the only use is for storage of equipment for construction activities in the area. All abutting roads are fully improved. To the south is an area zoned open space. Further south of the open space is a residential development of single family and multi family homes. It appears this residential development is nearing completion of the project. The open space parcel has mature vegetation which will act as a natural buffer from the adjoining development. The current zone district of the parcel is Neighborhood Commercial. In this zone district no residential uses are allowed. 1 Listed below are all the uses by right, conditional and special uses in the NC District. 6.0 NC - Neighborhood Commercial 6.1 Uses, by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, and similar uses. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays and without car washing facilities, which must be sited with limited vehicular access and service areas reasonably screened from public view. 6.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processing natural resources. 2 Listed below are the proposed uses in the Mixed Use District: 1'alle� ''ic« Commons - Mixed Use District t ses, by right: Retail commercial establishments not exceeding 15,000 square feet 0 building area for each principal use, including grocery, dry goods, hardware, bakery liquor, drug, florist, books, and similar uses. Personal service establishments not exceeding 5,000 square feet of area for each principa use, including barber, beauty, self-service, laundry, dry cleaning, photo and art studios travel agency, shoe repair, health spa, private clubs, indoor eating and drinkin . establishments (which may include liquor), banks, and sitnilar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays, which must be sited with limiter vehicular access and service areas reasonably screened from public view. Self service storage facilities. Unmanned carwash facilities (coin operated self-service or automatic touchfree) wits four or less wash bays and vacuum stations, which must be sited with limited vchiculai access. Single family residential, multi -family residential, townhouses, and condorniniums ant customary accessory uses including buildings for shelter or enclosure of animals of property accessory to use of the lot for residential purposes and fences, hedges, gardens walks, and similar landscape features. Open space, parks, bike paths, stormwater detention facilities and the like. Uses. conditional: Church, school, community building, and day nursery. Uses, special: Warehouse facilities, public gatherings, commercial park, and group hon k. for the elderly. 3 • • 3. APPLICABLE LAND USE REGULATIONS FOR THE PROPOSED ZONE DISTRICT AMENDMENT §4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN §4.12.01 The provisions of the Plan relating to the use of land and the location of Common Open Space shall run in favor of the County and shall be enforceable in law or in equity by the County without limitation on any powers or regulation otherwise granted by law. §4.12.02 All provisions of the Plan shall run in favor of the residents, occupants and owners of the PUD, but only to the extent expressly provided in the Plan and in accordance with the terms of the Plan, and, to that extent, said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or in equity by such residents, occupants or owners acting individually, jointly or through an organization designated in the Plan to act on their behalf. §4.12.03 All those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following: (1) No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and Staff Comment: Staff feels that some of the proposed uses in the mixed use district will affect the rights of the residents. Specifically unmanned car washes and warehouse facilities should not be allowed. The use of the self serve storage facilities should be limited to the residents of Valley View Commons (Lot 47 Valley View Village) only. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the preservation of the entire PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Staff Comment: The proposal does not appear to substantially affect the PUD in an adverse manner. However, staff would opine that any type of carwash is not appropriate in a mixed use area. The noise from the car wash and vacuums operating 24 hours a day can be a nuisance to adjoining residences. Additionally, the use of the self serve storage facilities should be limited to residents of the Valley View Commons (Lot 47 Valley View Village). An unmanned self serve storage facility with unrestricted use of the storage units will 4 1 • 5. STAFF RECOMMENDATION Staff is suggesting the Planning Commission recommends approval of the Zone District/Zone Text amendment with the following conditions: 1. That carwashes of any kind shall not be allowed in the proposed zone district. 2. That warehouse facilities shall not be allowed in the proposed zoned district. 3. That the uses of the self serve storage units r t ^ ro ido `" ^ V- - _ _ ..ly. 4. That the following modifications be made to the proposed zone district (changes are underlined): ql 1Q4.\ a) Minimum Lot Area: � (3) 9,000 square feet for multiple family dwelling iotit plus 3,000 square feet for each additional attached unit on the same lot b) Maximum Lot Coverage: i's"`'‘ -‘1\ (3) The maximum number of dwelling units per building shall be as follows: townhomes; 4 units per building, condominiums and multi family; 8 units per building. c) Minimum Setbacks: Strike the language "Unless otherwise permitted by special use permit" (3) Single Family Detached Residence: Front yard; twenty (20) feet, side yard; five (5) feet, year yard; ten (10) feet, corner lot; side yard abutting the right-of-way, ten (10) feet, d) Maximum Building Height: Strike the language "Unless variance obtained" Submitted to Planning Commission from GarCo Planning Staff: Richard Wheeler 6 • • have an adverse affect on surrounding residences. It is also staffs opinion that a warehouse facility is not appropriate in a mixed use setting. (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. (A. 97-109) Staff Comment: Not applicable. No time share or fractional interests are proposed (4) No modification removal or release of a TPUD plan shall be permitted which would cause any conflict with the operation or utilization of the adjacent Mass Transit Facility or with any of the standards contained in Section 5.11 et seq. of this zoning resolution. (added 2002-12) Staff Comment: Not applicable. This is not a TPUD 4. GENERAL COMMENTS Staff is suggesting the following modifications to the proposed zone district (suggested changes are underlined): Minimum Lot Area: (3) 9,000 square feet for multiple family dwelling unit plus 3,000 square feet for each additional attached unit on the same lot Maximum Lot Coverage: (3) The maximum number of dwelling units per building shall be as follows: townhomes; 4 units per building, condominiums and multi family; 8 units per building. Minimum Setbacks: Strike the language "Unless otherwise permitted by special use permit" (3) Single Family Detached Residence: Front yard; twenty (20) feet, side yard; five (5) feet, year yard; ten (10) feet, corner lot; side yard abutting the right-of- way, ten (10) feet, Maximum Building Height: Strike the language "Unless variance obtained" 5 • • 5. STAFF RECOMMENDATION Staff is suggesting the Planning Commission recommends approval of the Zone District/Zone Text amendment with the following conditions: 1. That carwashes of any kind shall not be allowed in the proposed zone district. 2. That warehouse facilities shall not be allowed in the proposed zoned district. 3. That the uses of the self serve storage units V - ; -- •ly. 4. That the following modifications be made to the proposed zone district (changes are underlined): a) Minimum Lot Area: 11) (3) 9,000 square feet for multiple family dwelling plus 3,000 square feet for each additional attached unit on the same lot b) Maximum Lot Coverage:ist''''" (3) The maximum number of dwelling units per building shall be as follows: townhomes; 4 units per building, condominiums and multi family; 8 units per building. c) Minimum Setbacks: Strike the language "Unless otherwise permitted by special use permit" (3) Single Family Detached Residence: Front yard; twenty (20) feet, side yard; five (5) feet, year yard; ten (10) feet, corner lot; side yard abutting the right-of-way, ten (10) feet, d) Maximum Building Height: Strike the language "Unless variance obtained" Submitted to Planning Commission from GarCo Planning Staff: Richard Wheeler 6