Body
Department of Community Development
Reference:
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager
Philip Rodriguez, City Manager
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: May 7, 2018
PURPOSE
The property owner, Gabriela Guzman, is requesting approval of a Zone Change, the Guzman Subdivision Final Plat and the Guzman Subdivision Development Agreement.
The Zone Change, Final Plat and Development Agreement applications that are before the City Council are for an existing unplatted parcel of approximately 35.136 acres, located at 648 Weld County Road 31, just north of the Jacobs Run subdivision (the “Property”). Currently, the Property has a zoning designation of Agricultural Residential (A/R). The owner, is requesting a zone change to Rural Estate (RE).
In accordance with the Municipal Code, Section 17-8-80, Zone Changes, a Zone Change application shall be presented to the City Council, at a public hearing, along with an ordinance approving, approving with conditions or denying a Zone Change application. Zoning is necessary as it guides a property’s uses allowed by right or conditionally, and this, in turn, allows owners, neighbors, and the community at large to have a reasonable expectation of what can occur on the subject property. City Council is tasked with the final decision on requests to zone and rezone properties within City Limits. An ordinance to rezone must be approved by City Council via two readings to be considered approved. City staff collects and analyzes application materials, and after a thorough review, presents their findings to Planning Commission and City Council. Requests to rezone are brought before the Planning Commission for their recommendation prior to review and final determination by the City Council.
In accordance with the Municipal Code, Section 17-40-210, Final Subdivision Plat, a Final Plat application shall be presented to the City Council, at a public hearing, along with a resolution approving, approving with conditions, or denying the Final Plat application. The Final Plat is accompanied by a Development Agreement which outlines the required improvements to ensure subdividing the land meets the requirements of the Land Use and Development Code.
STRATEGIC FOCUS AREA
Recognizable and Well-Planned Community
BACKGROUND
The 35.136 acre property is generally located at 648 Weld County Road 31, just north of the Jacobs Run subdivision. The subject property was annexed as a part of a larger annexation in this area in 1991. The current use is agricultural. The applicant seeks to build one house on a portion of the property and the rezoning allows the applicant to subdivide the property into 2 lots.
The Planning Commission heard the application and held a public hearing on November 14, 2017. At the meeting several neighbors complained that a portion of the property was being used for junk vehicles and the owner constructed an addition on an existing pole barn. Upon investigation by Code Enforcement and the Building Official, it was found that the junk vehicles were not permitted, nor was the addition on the pole barn. The Planning Commission hearing was continued to January 9, 2018 in order to give the applicant the opportunity to address those issues. The applicant cleaned up the junk vehicles by December 1, 2017 and the applicant had been working in good faith with the Building Official in regards to the illegal addition to the pole barn. On January 9, 2018, the Planning Commission recommended approval of the rezoning with the finding that the issues and concerns regarding the existing and expanded accessory structure on the Property, and specifically, questions and concerns about zoning and setback compliance, and the proper building permitting and building code compliance had been resolved. The Commission’s resolution is attached. The Commission recommended that such issues be reviewed and addressed by the City Council with its review of the application.
SURROUNDING LAND USE(S):
|
Surrounding |
Land Use(s) |
Zoning |
|
North |
Agricultural/Residential |
PUD-Corbin Kidder Subdivision (not built) |
|
South |
Agricultural/Residential |
A/R and PUD (Jacobs Run Subdivision) |
|
East |
Agricultural |
A/R Agricultural/Residential |
|
West |
Agricultural |
Weld County Agricultural |
PUBLIC NOTICE AND INQUIRY
Though the Municipal Code only requires public notice for a Final Plat public hearing be mailed to adjacent property owners at least five (5) days prior to the public hearing, notice of the public hearings was also published in the Brighton Standard Blade, on May 16, 2018 and posted on the property on May 11, 2018, all for no less than fifteen (15) days prior to the date of the public hearing to give notice to those who are not affected property owners or those who may not drive near this Property on a consistent basis. As required by Section 17-8-30(f) of the Municipal Code, mailings were sent to all property owners within 300’ of this proposed zone change. These mailings were sent on May 11, 2018, and included a letter describing the proposed zoning and final plat as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, public hearing signs were posted on May 11, 2018, along Weld County Road 31 adjacent to the proposed project. As of the date of this staff report, no formal comments have been received by staff. Please see all public notice attachments for further detail.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Section 17-40-210, Final Subdivision Plat, of the Land Use and Development Code states that a Final Plat shall be reviewed for conformance with the Zoning Ordinance and the Subdivision Regulations.
Section 17-8-80, Zone changes, of the Land Use and Development Code states that a zone change:
a. Complies with the Comprehensive Plan and other master plans of the City;
b. Complies with the requirements of the Land Use and Development Code and with the zone district;
c. Provides consistency with the purpose and intent of the Land Use and Development Code; and
d. Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood and is not detrimental to the immediate area, the future development of the area or the health, safety or welfare of the inhabitants of the City.
STAFF ANALYSIS
In an effort to provide the City Council with all the pertinent information regarding these rezoning and final plat applications, Staff intends to present these applications at the same Council meeting but at two separate public hearings.
REZONING:
The Comprehensive Plan’s Future Land Use Map, designates the Property for Estate Residential uses, and the zone change to Rural Estate is in compliance with the Comprehensive Plan. The Land Use and Development Code states that Rural Estate allows for single family residential use on a large lot area. Additionally, the property is adjacent to Jacobs Run, a single family residential subdivision on large lots that meet the Rural Estate lot sizes.
Section 17-8-80, Zone changes, of the Land Use and Development Code states that a zone change:
a. Complies with the Comprehensive Plan and other master plans of the City;
The Comprehensive Plan’s Future Land Use Map, designates the Property for Estate Residential uses, and the zone change to Rural Estate is in compliance with the Comprehensive Plan.
b. Complies with the requirements of the Land Use and Development Code and with the zone district; The proposed land use is single family residential on a large lot area. Additionally, the property is adjacent to Jacobs Run, a single family residential subdivision on large lots that meet the Rural Estate lot sizes.
c. Provides consistency with the purpose and intent of the Land Use and Development Code; The proposed rezoning is consistent with the purpose of the Land Use and Development Code in that this property is appropriate for a rural residential development and the provisions from the code that apply are being applied through the proposed Rural Estate zoning district.
d. Provides compatibility with surrounding areas, is harmonious with the character of the neighborhood and is not detrimental to the immediate area, the future development of the area or the health, safety or welfare of the inhabitants of the City. The property is adjacent to the Jacobs Run subdivision, a single family residential subdivision on large lots that meets the Rural Estate lot sizes per the regulations of the Land Use and Development Code.
FINAL PLAT AND DEVELOPMENT AGREEMENT
Staff finds that the amended Final Plat Application complies with the Subdivision Regulations found in Section 17-40-210 and the Rural Estate (RE) zone district regulations found in Section 17-16-20 of the Land Use and Development Code. The RE zone district has a minimum lot size of 20,000 square feet and a minimum lot width of 80 feet. The proposed Final Plat indicates two lots, with each lot meeting or exceeding the RE zone district’s lot area and lot width minimums. Lot 1 is 10 acres and has a lot width of 1000.51 feet and Lot 2 is 24.209 acres and has a lot width of 80 feet.
Staff also finds that the amended Final Plat complies with the policies of the Comprehensive Plan, Future Land Use Map, which designates the property for Estate Residential and the Final Plat is in compliance with the Comprehensive Plan. The Development Agreement has been reviewed and approved by the City’s Development Review Committee and City Attorney.
The Development Agreement provides for the following: phasing of roadway improvements to Weld County Road 31, ensuring that the development of Lot 1 necessitates the construction of the frontage improvements to Weld County Road 31 and that the development of Lot 2 will pay fee in lieu for their required frontage improvements to Weld County Road 31.
Based upon these findings, staff recommends approval of the Rezoning, Final Plat and Development Agreement for the Guzman Subdivision. Since the rezoning must be approved prior to the Final Plat, staff recommends that the second reading of the rezoning be approved prior to the approval of the Final Plat.
OPTIONS FOR COUNCIL CONSIDERATION
Rezoning:
• Approve the ordinance as drafted;
• Approve an ordinance with specific changes;
• Deny the ordinance with specific findings to justify the denial; or
• Continue the item to be heard at a later, specified date.
Final Plat and Development Agreement:
Staff recommends that the City Council continue its final consideration of this item to the June 26, 2018 meeting until after the re-zoning ordinance has been considered on second reading.
ATTACHMENTS
• Final Plat
• Draft Resolution approving the Final Plat and Development Agreement
• Development Agreement (Exhibit C of the Final Plat and Development Agreement Resolution)
• Draft Ordinance approving the Rezoning
• Planning Commission Resolution
• Neighborhood Notice