HomeMy WebLinkAbout1983 03-17 PCP Planning Commission. Information heet
Application No. 83009
Applicant: Martin Drinkwine
Location: 5632 James Avenue North
Request: Amend Special Use Permit for Horne Occupation
The applicant requests three amendments to the special use permit granted under
Application No. 82019 for operation of a Tidy Car business in the garage of the
residence at 5632 James Avenue North. That application was approved on April 26,
1982 (both the City Council minutes and the Planning Commission minutes from
April 15, 1982 are attached for the Commission's review) . The property in
question is zoned R1 and is surrounded by other single-family homes.
The applicant has submitted aletter (copy attached) dated March 4, 1983 in which
he outlines three amendments which he requests be made to the conditions of
approval . The amendments are:
a) That Condition No. 3, which limits the operation to 10 cars per
month, be amended to read: "that at no time will there be work
allowed on more than one car at a time in the garage."
b) That Condition No. 5, which limits the service to application
of the Tidy Car sealant, be amended to read: "Service to
automobile or other power vehicles is limited to washing and
application of appearance maintenance products of Tidy Car,
Inc. Other repairs are expressly prohibited. (This amendment
allows use of other Tidy Car products besides the sealant) .
c) That a condition be added to allow up to one employee to work
on the premises part-time in connection with the home occupation.
Section 35-406 (attached) of the Zoning Ordinance allows the employment on the
premises of up to one nonresident in a home occupation. The proposed amendment
would fall within that limitation. Mr. Drinkwine seeks these amendments because
he has entered into an arrangement with a Tidy Car sales manager who will secure
customers and also help do the work on the cars. Mr. Drinkwine also does not wish
to come back for another amendment later should the business generate more than 10
cars per month. The business does not generate 10 cars per month now, but might
exceed that figure if the new sales arrangement works out. In any case, only one
car will be worked on at a time and any parking associated with the home occupation
must continue to be on the applicant's driveway. The primary reason for the
employee is to enable Mr. Drinkwine to complete work on a single vehicle on a
weekday evening when the hours of operation are between 4:00 p.m. and 9:00 p.m.
In general, we feel the amendments sought by the applicant are reasonable and fall
within the provisions of the Zoning Ordinance. Specifically, the amendment to do
away with the limit of 10 cars per month seems appropriate since there is no way
staff can verify precisely how many cars have been worked on in a single month.
The substitute condition is fairly easy to enforce since a second vehicle would
have to be worked on outside (this does not include washing which is already done
outside) where a violation is readily detectable. Provided that all parking is
off-street and all application and buffing Tidy Car products is in the garage, the
addition of a part-time employee does not seem to present unreasonable burdens on
the neighborhood. We recommend approval of the amendments as sought by the
applicant.
As with the original special use permit application, a public hearing has been
scheduled and notices have been sent.
3-17-83
Planning Commission Information Sheet
Application No. 83007, 83008
Applicant: DeVries Builders
Location: Xerxes Place North, south of Freeway Blvd.
Request: Site and Building Plan, Preliminary Plat
The applicant requests site and building plan and preliminary plat approval for the
Fourth Addition of Earle Brown Farm Estates. The applications comprehend 16 town-
houses units and a common area. The area is in the southwesterly section of the
Earle Brown Farm Estates development. It is bounded by "Old" Xerxes Avenue North
on the west, by Outlot D on the south and east, and by the Second and Third Addition
of the Earle Brown Estates on the north. The land is zoned R3 and townhouses are a
permitted use in that zoning district.
The plat covers an area of 1 .7 acres . The density for this particular phase is 9.41
units per acre. However, the entire Earle Brown Farm Estates development amounts
to 100 units on 12.96 acres for an average density of 7.72 units per acre, somewhat
less than the allowable density of 8 units/acre. The site plan is unchanged from
the original site development plan for the entire complex which was presented with
the first phase approved in June, 1981 . The plan provides for the minimum two
parking stalls per unit, plus guest parking for 8 cars for a total of 2.5 stalls/unit.
The existing legal description of the property is Outlot C, Earle Brown Farm Estates
First Addition. The proposed legal description includes Lots 1 through 6, Block 1 ;
Lots 1 through 6, Block 2; Lots 1 through 4, Block 3 and Lot 1 , Block 4, Earle Brown
Farm Estates Fourth Addition. There are two major easements through the property.
One is a 55' wide NSP easement along the west edge of the common area and parts of
the rear yards of Lots 1-4, Block 3 and Lot 6, Block 2. This easement does not
extend over any buildings. The other major easement is a 15' wide water main
easement that extends from just opposite 67th Avenue North around the townhouse on
Lot 4, Block 3, and up the private drive (Xerxes Place North) ultimately to Freeway
Boulevard. A public hearing has been scheduled for the Preliminary Plat (Appli-
cation No. 83008) .
It is recommended that approval of the site and building plans (Application No.
83007) stipulate a continuation of the conditions applied to approval of Application
No. 81060 (the 2nd Addition) which are listed below:
1 . Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
2. Grading, drainage and utility plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager) shall be sub-
mitted to assure completion of the approved site improvements
for the 4th Addition prior to the issuance of building permits.
4. Any outside trash disposal facilities shall be appropriately
screened from view.
5. All common parking and driving areas shall be surrounded by
B612 curb and gutter as shown on the approved drainage and
grading plans.
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Application Nos 83007 and 83008 continued
6. Plan approval acknowledges a master plan for all phases of the
Earle Brown Farm Estates townhouse project. However, each
additional phase is subject to preliminary plat approval and
site and building plan approval by the Planning Commission and
City Council .
7. The developers shall take adequate measures to control dust
and debris during construction. A viable turf shall be
established and maintained in those areas subject to future
development.
8. The Fourth Addition of the Earle Brown Farm Estates shall be
included in the single Homeowners ' Association for the entire
development.
The preliminary plat is also recommended for approval , subject to the following
conditions:
1 . The final plat is subject to review and approval by the City
Engineer.
2. The final plat is subject to the provisions of Chapter 15 of
the City Ordinances.
3. The Fourth Addition shall be governed by the same Homeowners
Association and bylaws as in effect for the previous phases
of the Earle Brown Farm Estates.
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Planning Commission Information Sheet
Application No. 83010
Applicant: Rod Bernu
Location: Shingle Creek Parkway and 69th Avenue North
Request: Site and Building Plan
The applicant seeks site and building plan approval to construct 26 townhouse units
on the land remaining in the Earle Brown Farm Patio Homes at 69th Ave. North and York
Place. The land in question is zoned. R3 and is bounded by 69th Avenue North on the
north, by the Earle Brown Farm Estates on the east, by Old Xerxes Avenue North and
single-family homes on the south, and by single-family homes on the west. The
complex presently has two quad homes for a total of 8 units. Construction of an
additional 20 units was abandoned some years ago and the project has remained
unfinished
The total land area of the site is 4.38 acres. The existing townhouses require a
land area of 43,200 sq. ft. (approximately one acre) at one unit per 5,400 sq. ft.
The proposed site plan then takes into account a prospective right-of-way acquisition
of .73 acres for realigning the intersection of Shingle Creek Parkway with 69th
Avenue North (see layout attached) . This leaves approximately 2.66 acres, or 115,870
sq. ft. of land, remaining for additional townhouse development. . Since the applicant.
intends to build townhouses with double tuck-under garages, the maximum permissible
density is calculated -at one unit per 4,400 sq. ft. , rather than the normal density
of one unit/5,400 sq. ft. (the Zoning Ordinance allows a credit of 500 sq. ft./under-
building garage stall/unit) . The resulting calculation allows for 26.33 units or
26 units, as proposed.
The complex presently obtains access off 69th Ave. North only. No access is allowed
off "Old" Xerxes Avenue North in order to prevent cut-through traffic through the
townhouse development. This access off 69th will likely be modified when the City
acquires land and realigns the 69th Ave. North/Shingle Creek Parkway intersection.
The land area to be acquired for right-of-way will be platted into a separate lot
(possibly an outlot) , to separate it from the remainder of the complex. A preliminary
plat has not yet been submitted. However, we expect it to be submitted by Thursday
night's meeting.
The site plan proposes two five-unit buildings, two four-unit buildings, and an
eight-unit building. Each unit will have two indoor and two outdoor parking spaces.
In addition, the site plan calls for 15 guest parking stalls. Total parking is
more than adequate, and guest parking is adequate.
The proposed landscape plan is generous in total plantings provided. However, no
6" diameter trees are listed (four are required for the 26 units) . Scheduled
plantings include: 30 Green Ash (22" to 4" diameter) ; 12 Russian Olives (12" - 2"
diameter) ; Flowering Crab (12" to 2" diameter) ; 17 Redwine Dogwood (2' - 3' ht. ) ;
90 Cutleaf Sumac (2' - 3' ht. ) ; 43 Colorado Green Spruce (2' - 5' ht. ); and 15
Black Hills Spruce (4' - 5' ht. ) . This is an abundance of plantings , but they do
not all appear on the site plan. We recommend that the landscape schedule be
revised to reflect what is shown on the plan as that seems more than adequate.
The Green Ash tend to be located on the front side of units (opposite the garge
side) . Green Spruce are located along the periphery of the site or adjacent to
driving lanes. There are a number of Cutleaf Sumac and Redwine Dogwood along the
east and south property lines , but again not as many as listed on the landscape
schedule. A fence of unspecified height is indicated adjacent to the single-family
homes for required screening ,
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r Application No. 83010 continued
The grading and drainage plan provides for water to drain along the main driveways
in a more-or-less southerly direction toward two catch basins along the south edge
of the site. These two catch basins drain into a 15" storm sewer that flows through
the Earle Brown Farm Estates property to the City storm sewer in Shingle Creek
Parkway. A utility easement exists for this purpose through the First Addition of
the Earle Brown Farm Estates.
The utility plans are not finalized. The Earle Brown Farm Patio Homes were approved
in 1972 for 28 units. Although only eight units were built, the utilities were
installed for all 28 units based on a layout of seven four-unit buildings. These
utilities will be partially abandoned and partially modified to serve the proposed
layout of 26 additional townhouse units.
The building exterior will be of prefinished 12" hard board siding, horizontal on
side and rear elevations , vertical in front. Face brick is indicated along the
lower 3' of the front elevation. The units will be two-bedroom units, split-level
off the front entry. On the lower level will be two-car garages and a future rec room.
The units are each 20' 6" wide and 37' 6" deep. The total living space of the units
is roughly 1 ,070 sq. ft. , counting the unfinished recreation room. This is definitely
smaller than the eight existing units in the complex which have been unmarketable
for some years. The color of the new units has not yet been specified, but Mr.
Berne intends that they be compatible with the existing grey rough-sawn ceder
exterior. The plan also calls for post lights with 18" globes interspersed at
every other garage to provide security lighting and help set off the individual
units.
The applicant has submitted the site and building plans for an initial review by the
Planning Commission at this time. No action is recommended, -however, until a pre
liminary plat is submitted showing the land to be acquired for right-of-way in a
separate lot. Mr. Bernu has stated his intention to complete the development as an
owner-occupied townhouse project, compatible with the eight existing units. It is
recommended that the Planning Commission table the application until an appropriate
preliminary plat is submitted.
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