HomeMy WebLinkAbout06/18/2009.~A~( 11
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PLANNING COMMISSION
AGENDA
June 18, 2009
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on June 18, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - May 21, 2009
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
7. PUBLIC HEARING
A. Case No. WZ-09-03: An application filed by RV America for approval of a zone
change from Commercial-One (C-1) and Commercial-One with conditions to a
Planned Commercial Development and approval of an outline development plan for
property located at 11808 W. 44th Avenue.
B. Case No. ZOA-09-02: An ordinance amending Chapter 26 pertaining to residential
development standards.
8. OTHER ITEMS
9. ADJOURNMENT
City of
WheatlWiClge
PLANNING COMMISSION
Minutes of Meeting
May 21, 2009
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair REINHART at 7:00 p.m. in the City
Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
2.
3.
4.
5.
ROLL CALL OF MEMBERS
Commission Members Present
Jim Chilvers
Marc Dietrick
John Dwyer
Henry Hollender
Dick Matthews
Davis Reinhart
Commission Members Absent:
Staff Members Present:
Anne Brinkman
Steve Timms
Ken Johnstone, Community
Development Director
Meredith Reckert, Senior Planner
Jeff Hirt, Planner II
Ann Lazzeri, Recording Secretary
PLEDGE OF ALLEGIANCE
APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner MATTHEWS and seconded by
Commissioner DWYER to approve the order of the agenda. The motion
carried 6-0.
APPROVAL OF MINUTES - April 16, 2009
It was moved by Commissioner HOLLENDER and seconded by
Commissioner DWYER to approve the minutes of April 16, 2009 as
presented. The motion carried 4-0 with Commissioners DIETRICK and
MATTHEWS abstaining.
Planning Commission Minutes 1 May 21, 2009
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda.)
There was no one to address the Commission at this time.
7. PUBLIC HEARING
A. Case No. WZ-09-04: An application filed by K&C RV Centers dba
Camping World for approval of an outline development plan amendment
to allow additional land uses of RV sales and rental for the property zoned
Planned Commercial Development and located at 4100 Youngfield Street.
Prior to presenting the case, Meredith Reckert was_ sworn in by Chair
REINHART. She entered all pertinent documents into the record and advised the
Commission there was jurisdiction to hear the case. She reviewed the staff report
and digital presentation. Staff recommended approval for reasons, and with
conditions, outlined in the staff report.
The staff report explained that in 2008 K&C RV applied to the City for business
licenses for RV. sales and rental. These licenses were approved by the
Community Development Department in conflict with approved zoning on the
property. Based on issuance of licenses, a Camping World sales facility located
on Colfax was closed and the existing inventory and sales personnel were
relocated to the Wheat Ridge Store. When staff became aware of the error, K&C
RV was notified and the process for requesting an amendment to the property's
zoning was initiated.
Commissioner DWYER stated that he had no problem with the application. He
asked if any new procedures have been implemented to prevent a similar error
from occurring in the future. 'Ken Johnstone explained that sales tax licenses are
handled in the finance department. A procedure has been set in place for the
Community Development Department to track sales tax licenses through software
and refer those licenses to a planner and the building inspector.
Rod Anderson, the applicant was sworn in by Chair REINHART. He stated that
in moving to the present location he closed an existing business upon approval of
the licensing. It would create a hardship to the business if it could not operate in
this location.
Chair REINHART asked if there were members of the public who wished to
address this matter. Hearing no response, the public hearing was closed.
Commissioner MATTHEWS commented that he didn't see a purpose in limiting
sales to RV's only.
Planning Commission Minutes 2 May 21, 2009
It was moved by Commissioner MATTHEWS and seconded by
Commissioner HOLLENDER to recommend approval of Case No. WZ-09-
04, a request for approval of an amendment to the Youngfield Plaza ODP for
Lot 2 to allow the additional uses of RV sales and rental on property located
at 4100 Youngfield for the following reasons:
1. There is adequate parking on-site to accommodate the new uses.
2. It will legitimize the RV sales and rental occurring on the property.
3. The evaluation criteria support approval of the request.
With the following conditions:
1. RV sales and rental inventory be located as specified on staffs exhibit
No. 6.
2. All required fire lanes be kept clear of obstruction.
In response to a question from Commissioner CHILVERS, Ms. Reckert stated
that the public hearing was advertised for the sale and rental of RV's only;
however, it could be modified at first reading. The property owner to the south
was supportive of RV sales and rental. It would be necessary to talk with that
owner to get his concurrence to allow the sale and rental of other types of
vehicles.
Commissioner DNVYER offered a friendly amendment to add a third
condition as follov s:
3. The sale and rental of other types of vehicles is not allowed on the
subject property,
The amendment was accepted by Commissioners MATTHEWS and
HOLLENDER.
The amended motion carried 6-0.
8. STUDY SESSION
Jeff Hirt presented the staff report and invited discussion on a Mixed Use
Development District prior to moving forward with drafting an ordinance.
Specific policy direction was requested on (1) number of districts; (2) mix of land
uses; (3) density; (4) site plan approval; (5) nonconformities; and other standards
and policies that should be considered for the district.
Comments included:
Planning Commission Minutes 3 May 21, 2009
• A third district could be added that would be similar to mixed use commercial
but more aggressive with mandatory uses. This could address transit oriented
development.
• Transit oriented development is unique in itself and would not necessarily
require a third district. It may not be beneficial to draft a district for only one
location in the city (one light rail station).
• Overlay districts can also be brought into play.
• Uses have to be market driven. Mandates must be looked at very carefully.
Providing incentives would be a good idea.
• Maybe number of districts could be determined after Wadsworth summit.
• Density calculations should be consistent.
• Transition from higher density to single family is important.
• More intensive mixed use may be more suitable for north-south corridors and
less intensive uses for east-west corridors.
• A third district may have more incentives to add more retail, for example, one
of the incentives could be for administrative site plan approval in the third,
more "aggressive" district, while PC approval may be required with the other
two more modest districts.
• There should be a size threshold that would trigger a public hearing for site
plan approval. Larger projects should' automatically require a public hearing.
Staff will do some research to arrive at a desired size threshold.
• Nonconformites should not be allowed to expand more than one time. If a
square footage maximum is specified (maximum allowed expansion of a
nonconformity), there cannot be incremental expansions to circumvent the
requirement.
• A Wadsworth summit meeting with property owners along Wadsworth and
other' interested citizens will be scheduled to look at the possibility of city-
initiated rezoning along that corridor. Feedback from that meeting along with
Planning Commission comments will be considered in drafting the ordinance.
9. OTHER ITEMS
There were no other items to come before the Commission.
10. ADJOURNMENT
It was moved by Commissioner CHILVERS and seconded by Commissioner
HOLLENDER to adjourn the meeting at 8:31 p.m. The motion carried 6-0.
Davis Reinhart, Chair
Ann Lazzeri, Secretary
Planning Commission Minutes 4 May 21, 2009
City of
e
OMMUNITY DE
VELOPMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: M. Reckert
DATE OF MEETING:
June 18, 2009
CASE NO. & NAME:
WZ-09-03/Mike Pharo for Hari Sach (RV America)
ACTION REQUESTED:
Approval of a zone change from C-1 and C-1 with conditions to
Planned Commercial Development (PCD) and approval of an
Outline Development Plan (ODP)
LOCATION OF REQUEST:
11808 W. 44th Avenue
PROPERTY OWNER:
Hari Sachanandani
APPROXIMATE AREA:
3.5 acres
PRESENT ZONING:
Unrestricted C-1 (northern one-third), restricted C-1 (southern
two-thirds)
COMPREHENSIVE PLAN:
Community Commercial Center (northern one-third), Single
Family Residential (not to exceed 4 du's per acre) (southern two-
thirds)
ENTER INTO RECORD:
COMPREHENSIVE PLAN
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
DIGITAL PRESENTATION
_ .........b
WZ-09-03/RV America
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
1. REQUEST
This application is for approval of a zone change from C-1 and C-1 with use restrictions to Planned
Commercial Development and approval of an Outline Development Plan. The applicant has chosen
the "nonspecific" ODP process which will require a future specific ODP amendment approved through
public hearings with an administrative FDP approval. A future plat document would be required as
well.
The property is comprised of three parcels. For the purposes of this land entitlement process, the
address of 11808 W. 44th Avenue is being used. The legal description for publication purposes
included all three parcels. (Exhibit 1, Applicant letter)
II. EXISTING CONDITIONS/PROPERTY HISTORY
The property is 3.5 acres in size and has frontage on W. 44th Avenue and Tabor Street. There is an
existing structure on the northeast corner of the property utilized as a sales office. RV's for sale are
displayed on the front portion. The remainder of the site is used for RV storage.
A 6' high brick and wooden fence runs along the Tabor Street frontage. Six foot high chain link
fencing is in place along the west property line with a 6' high wooden fence along the south. A chain
link fence with gate also runs behind the structure securing the vehicles being stored in the rear. The
remainder of the property is devoid of any buildings. The rear parcel has a road-based surface. There
are three existing curb cuts to 44th Avenue; however only the center one is currently being used.
In 1993, City Council approved a zone change from RC, Restricted Commercial, and A-1,
Agriculture-One, to C-1 on the three subject parcels of property, identified as Parcels A, B and C
(Exhibit 2, survey plat) The zoning approval was heavily conditioned including the requirement for
construction of a decorative fence, closure of curb cuts on 44th and use restrictions on Parcel B. The
front two pieces of property have unrestricted Commercial-One zoning but Parcel B is restricted to RV
storage only. The Fruitdale Valley master plan was in place at the time which required a site plan
component with zone change applications. (Exhibit 3, site plan) The Fruitdale Valley master plan
was superseded by the adoption of the current Comprehensive Plan in 2001.
There were two subsequent land development applications, neither of which was brought to
completion. Case No. WZ-98-2 was a request by Brewer Tires (prior owner) for approval of a change
of zoning conditions and an SUP to allow the servicing of semi trucks on the rear portion. Planning
Commission recommended approval of the requests but the case was withdrawn prior to City Council.
Another application was initiated by the current owner in 1998 for a change of conditions on the rear
portion of the property. Planning Commission recommended denial and the application was
subsequently withdrawn.
Planning Commission 2
WZ-09-03/RV America
III. OUTLINE DEVELOPMENT PLAN
The Outline Development Plan (ODP) will establish allowed uses and development standards for the
property (Exhibit 4, ODP document).
In the summer of 2007, the planned development regulations were modified to expedite the Outline
Development Plan (ODP) and Final Development Plan (FDP) review processes. An applicant has a
choice of providing more written and graphic information detailing the development proposal at the
ODP stage ("specific ODP"), allowing the FDP to be approved administratively.
The alternative to the specific ODP would be to provide the "non-specific" ODP establishing just uses
and development parameters. Once approved and when a specific development proposal was
proposed, the applicant/owner would submit a specific ODP for review through public hearings by
Planning Commission and City Council. The advantage to the "non-specific" ODP is that it allows
land use entitlements without a great deal of up front investment for the applicant when there is no
specific development proposal with the zone change request. A future subdivision plat would be
required as well.
Allowable uses:
Permitted uses were taken from the Commercial-One zone district regulations. Many of the normally
permitted uses in C-1 were eliminated based on traffic generation and potential negative impact on the
neighborhood. Those eliminated uses included the following: auto sales, auto service and repair,
cabinet shops, carpet cleaning, day care, electrical supplies and service, equipment rental agencies,
exterminators, locksmith shops, indoor amusement enterprises, indoor flea markets, motorcycle sales
and service, schools, plumbing and heating supply stores, schools, and upholstery shops. Drive-
through facilities were eliminated from the liquor store category. Uses which were allowed to have
"soft" drive-through facilities include banks, coffee shops, laundry and dry cleaning shops and
pharmacies. No additional land use process would be required for these uses. Additional drive
through uses not listed can be allowed through a special use approval process as prescribed by Section
26-114. Staff recommends that drive-through uses be limited to development area A.
Staff recommends that item 26 (garden supply stores) be modified to allow outside display and
storage. Staff also recommends that item 29 (grocery or convenience stores) be allowed to have
gasoline pumps.
One proposed use which staff does not support is self storage (item 55) which is listed to be allowed
on the southern portion only. Staff objects to this use as we believe that it would be an
underutilization of valuable commercial property. Although sales tax can be collected on the rental
fees, the revenue generated to the city would be minimal.
There is no specific boundary separating Development areas A and B. Staff believes that the market
will dictate appropriate uses based upon specific design of the property. These market forces would
sensibly accommodate retail/restaurant uses on the front in proximity to 44`h Avenue and the I-70 on
and off ramps with less intensive office type uses on the rear. The limitation on drive-through uses to
the front of the property will help protect adjacent residences.
Planning Commission 3
WZ-09-03/RV America
Lot Coverage
The ODP refers to Section 26-502 of the zoning and development code which sets the minimum
amount of landscaping for the property at 20%. All other typical commercial requirements such as the
installation of street trees at 30' intervals will have to be met.
Maximum building and hardscaped coverage (parking, sidewalks, etc) cannot exceed 80 A floor
area ratio of 0.5:1 is also specified. Build-out conformance with this FAR would be 77,500 square
feet of building area. The potential build-out would be limited by specific use and the parking
required for those uses. As an example, office space requires one space for every 200 s.f. of floor
area, while restaurant uses require one space for every 75 s.f.
Building Height/Setbacks
Building height is specified as being 50' for the northern portion and 35' for the southern portion.
This is consistent with the 35' high maximum building height in the City's residential and agricultural
zone districts.
Prescribed setbacks are to be 20' from the southern, western and eastern boundaries. Pursuant to the
Architectural and Site Design Manual (ASDM), structures along 44th Avenue must have a maximum
0' to 20' build-to line.
Architecture
Building architecture, as well as pedestrian access, must be in accordance with the ASDM.
Fencing, Parking, Lighting, Signage
The ODP document refers to pertinent sections of the code for these standards.
Access
Currently there are three access points to 44th, however only the center one is being used. There are no
existing access points to Tabor Street.
The proposed ODP shows two accesses each on both of the streets. These access points may or may
not be appropriate upon redevelopment of the site. A traffic analysis will need to be submitted with
any future specific ODP applications. Staff has included such a note in our recommended motion for
approval so that future land owners are put on notice of this condition.
IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.D.2. The
Planning Commission shall base its recommendation in consideration of the extent to which the
following criteria have been met:
1. The existing zone classification currently recorded on the official zoning maps of the City of
Wheat Ridge is in error;
There is not a mistake on the official city maps (Exhibit 5, zoning map). The property is zoned
Commercial-One and Commercial-One with use restrictions.
Planning Commission 4
WZ-09-03/RV America
2. A change in character in the area has occurred due to installation of public facilities, other
zone changes, new growth trends, deterioration, or development transitions,
The western portion of the city has the potential for the development of a major commercial node due
to the eventual construction on the Cabela's and Coors' annexation properties.
To facilitate construction of the Cabela's store and surrounding development, many of the
infrastructure improvements associated with the project have been built. Those improvements include
the widening and improvement of Youngfield Street, construction of the W. 40th Avenue/I-70
underpass from Youngfield and the relocation of a portion of the Clear Creek greenbelt trail. There
have also been improvements funded by CDOT for the construction of interchange movements
between State Highway 58 and I-70.
The I-70 on/off ramps are being relocated from the current location east of Ward roughly 1000' to the
east. The new ramps will tie into the north side of W. 44th Avenue across from the western boundary
line of the subject parcels (Exhibit 6, ramp design) This relocation dramatically changes the
commercial development potential of this property. Allowing additional uses on the rear two-thirds
of the subject land would allow a currently underutilized commercial property to be developed into a
tax generating property. Sales tax collected from the sales of RV's is attributed to the community
where the buyer resides; therefore there is minimal economic benefit from the sales of RV unless the
buyer resides in Wheat Ridge.
West 44th Avenue is designated as a collector street and carries over 13,700 vehicles per day (2006
count). Tabor Street to the north of 44th is designated a minor collector and carries around 3000
vehicle trips per day (2004 count). Tabor Street is the only connection across I-70 between Ward and
Kipling and will eventually tie into the Goldline transit station to the north. It is likely that with the
changes in the area and construction of a new commercial project, a lighted intersection at 44th and
Tabor could be warranted. If the warrants are met as a result of a specific future development
proposal, the owner will have to participate financially to the cost of the light.
Tabor Street to the south of 44th Avenue is 20' wide, substandard to the local street standard of 50'.
Public Works is requesting a right-of-way reservation of 20' to accommodate future development of
the property with access to Tabor. The reservation should extend the entire length of the property. If
access is being requested off Tabor Street, the installation of public improvements will be required.
Although two access points are shown to both 44th Avenue and Tabor on the ODP document, a traffic
impact analysis will be required upon application for a specific ODP application which may require
modification to those shown. With the ramp construction, all accesses to 44th Avenue will be right-
in/right-out due to installation of a median the entire width of the property.
Staff concludes that this criterion has been met.
The Planning Commission shall also find that the evidence supports the finding of at least four
of the following:
a. The change of zone is in conformance, or will bring the property into
conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies,
and other related policies or plans for the area;
The property lies adjacent to the boundary of the Fruitdale subarea. The Fruidale subarea plan is an
Planning Commission 5
WZ-09-03/RV America
addendum to the Comprehensive Plan and takes into account future conditions that will affect how
property is developed by planning for the future. This property is shown as being adjacent to a
commercial node. Specific land use designation shows commercial on the northern two-thirds and
single family on the southern one third (Exhibit 7, Fruitdale subarea plan future land use concept).
This Comprehensive Plan addendum was adopted in August of 2007.
The property is also located within the W. 44`h Avenue/Ward Road redevelopment area. The Urban
Renewal plan identifies desirable land use as community commercial on the front and residential on
the rear. This plan was adopted in October of 2001. The Urban Renewal Authority is reviewing the
proposal on June 16. Results of their discussion will be provided at the Planning Commission hearing
on June 18.
Staff concludes that both of these documents did not acknowledge the existing commercial zoning on
the rear of the property which has been in place since 1993. While the proposal is inconsistent with
the residential designation, there are changed conditions which support approval of the planned
development zoning. The proposal also meets several other goals and policies of the Comprehensive
Plan and Neighborhood Revitalization Plan, including the broader mission of the City to be "open for
business".
The Comprehensive Plan is an advisory document and meant to be taken for general advice in making
policy decisions. There are several sections of Chapter 26, including section 112, which applies to the
consideration of private zone change requests. The purpose statement provides in part, that if a
proposed amendment is not consistent with the Comprehensive Plan, then the request may only be
approved if it can be demonstrated that the request is justified because of changed or changing
conditions in the area or in the city in general. As discussed above, staff clearly feels that changing
conditions in this vicinity merit approval of the zone change request.
Staff concludes that this criterion has been met.
b. The proposed change of zone is compatible with the surrounding area and there
will be minimal adverse impacts considering the benefits to be derived;
Land use to the east include a lumber yard zoned C-1 adjacent to the northern half of the property with
single family residential zoned A-1 adjacent to the south half. An office/warehouse abuts the property
to the west. Because this property was originally approved for tire servicing on semis, a portion
directly to the west of site is zoned C-2. Tabor Lake also abuts the property to the southwest.
To the north is a fruit market/grocery store zoned C-1, vacant property zoned A-1 acquired by CDOT
and a self storage facility being displaced by the new I-70 on and off ramps. Property to the south is
single family residential zoned A-1.
This property has been zoned and used commercially since 1993. Care must be taken at the time of
specific ODP approval for the use of upgraded buffering to minimize impacts to existing homes to the
east and south.
Staff concludes that this criterion has been met.
C. There will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone;
Planning Commission 6
WZ-09-03/RV America
Staff concludes that there will be economic benefits derived from the zone change as the property is
currently underutilized. The additional uses will allow the property to develop into a tax generating
commercial use. This is particularly likely with relocation of the I-70 on/off ramps, the construction
of which will begin in October.
Staff concludes that this criterion has been met.
d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist or
are under capacity;
All agencies can serve the property with upgrades to infrastructure at the time of development.
Staff concludes that this criterion has been met.
e. The change of zone will not adversely affect public health, safety or welfare by creating
excessive traffic congestion, creating drainage problems, or seriously reducing light and air to
adjacent properties;
The proposed ODP takes into consideration that there is adjacent low density residential on the east
and south. As such, the height limitation on the rear portion is limited to 35' which is consistent with
the residential and agricultural height limitation. Traffic impacts, drainage and compatibility and
buffering for the adjacent residential will be analyzed at the time of submittal of a specific ODP.
Staff concludes that this criterion has been met.
3. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
As there are no structural changes proposed for the property at this time, the commercial/industrial
design standards in the Architectural and Site Design Manual (ASDM) cannot be applied. Compliance
with the ASDM will be evaluated upon submittal of a specific ODP,
Staff concludes that this criterion is not applicable.
IV. NEIGHBORHOOD MEETING
The required pre-application meeting for neighborhood input was held on March 18, 2009. There were
six persons from the neighborhood in attendance. (Exhibit 8, Neighborhood meeting recap, Exhibit 9,
Sign up sheet)
Planning Commission 7
WZ-09-03tRV America
V. AGENCY REFERRALS
All affected service agencies were contacted regarding their ability to serve the property. The
developer will be responsible for any needed upgrades to accommodate the proposed development.
Specific referral responses follow.
Arvada Fire Protection District: Upon further development, additional looped water lines and fire
hydrants may be needed. Additional access may be needed from Tabor to the rear of the property.
Colorado Department of Transportation: Although the property is currently outside the jurisdiction
of CDOT, with the proximity to the future on and off-ramps, they recommend closure of unused
access points to 44th Avenue.
Valley Water District: Additional looped water main lines, fire hydrants and fire sprinkler lines may
be needed to serve the property. Each building will require a separate water tap. A plat with 30'
water mainline easement will be required.
Xcel Energy: Can serve.
Wheat Ridge Economic Development: Supports approval of the zone change. The strategic
location with the proposed transportation improvements, render this property as a tax producing piece
of commercial property. It is appropriate to allow the market to dictate the development pattern of the
property.
Wheat Ridge Public Works: Is requesting a 20' right-of-way reservation along the entire frontage of
Tabor Street. Will assess potential access points to 44th Avenue and Tabor upon submittal of traffic
report with a future specific ODP proposal. They have requested notes be added in conformance with
item 4 of their comments dated May 4, 2009. (Exhibit 10, Public Works comments)
Wheat Ridge Police: No concerns with crime or traffic.
Wheat Ridge Urban Renewal Authority: Recommendation will be provided at the June 18 public
hearing.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the rear portion of the property is currently underutilized. Staff further
concludes that there are changing conditions in the area which will dramatically impact the
commercial viability of the property. Because the zone change evaluation criteria support the request,
Staff recommends approval of Case No. WZ-09-04 with the conditions listed below.
VII. SUGGESTED MOTIONS:
Option A: "I move to recommend APPROVAL of Case No. WZ-09-03, a request for approval of a
zone change from C-1 and C-1 with use restrictions to Planned Commercial Development and for
approval of an Outline Development Plan for property located 11808 W. 44th Avenue for the following
reasons:
Planning Commission 8
WZ-09-03/RV America
1. The rear portion of the property is currently underutilized.
2. The relocation of the I-70 on and off ramps dramatically changes the commercial development
potential of this property.
3. The evaluation criteria support approval of this request.
With the following conditions:
1. Under "Allowed Uses", a note be added specifying that drive-through uses be limited to
Development Area A.
2. Use number 26 (garden supply stores) be modified to allow outside display and storage.
3. Use number 55 (self storage) be removed from the list of permitted land uses.
4. Use number 29 (grocery or convenience stores) be modified to allow to have gasoline pumps.
5. The 20' right-of-way reservation for Tabor Street extend to the southern boundary of the
property.
6. The following note be added: "At the time of specific ODP submittal, a traffic impact analysis
will be required which may necessitate modification to access points shown on this document."
7. Notes be added in conformance with item 4 of the Public Works comments dated May 4, 2009.
Option B: "I move to recommend DENIAL of Case No. WZ-09-03, a request for approval of a zone
change from C-1 and C-1 with use restrictions to Planned Commercial Development and for approval
of an Outline Development Plan for property located 11808 W. 44th Avenue for the following reasons:
1.
2.
3."
Planning Commission 9
WZ-09-03/RV America
Michael G. Pharo Associates, Inc.
October 21, 2008
Ms. Meredith Reckert
Senior Planner
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Re: Pre-Application Meeting
Sach Property 11808 West 44th Avenue
Dear Ms. Reckert:
Mr. Hari Sach is the owner of the above-mentioned property. His business is RV
America-sales and service of recreational vehicles. I have been asked to assist in
broadening the entitlements in place on the property. Specifically, we would like to
expand the allowable uses for the larger portion of the property. This will require a
rezoning.
There are three noticeable influences on the property in terms of existing or proposed
development patterns:
1. The northern portion of the property is contiguous to C-1 or C-2 zoning; the southern
portion of the property is contiguous to A-1 zoning. The C-1/C-2 land west of the
property is used by a tire company; the C-1 land to the east is used by a lumber
company. The A-1 land to the southwest is openspace/undeveloped; the southeastern
land is single-family residential.
2. Existing vehicular access along the eastern boundary is Tabor Street. This access
appears to be a public street, but the level of improvement is less than standard.
3. The current CDOT project to relocate the ramps from West 44th Avenue to I-70
appears to provide a new intersection on West 44th Avenue just west of the property.
Our initial thinking is to rezone the property in a manner that recognizes the existing
physical development patterns while meeting the owner's marketing objectives. To
accomplish this we are considering the following:
1. Expanding the allowable uses beyond the current RV storage limitations on the
central portion of the property. The uses would generally follow the existing C-1
guidelines with deletions of the most negative uses.
2. We will recognize the openspace and single-family development patterns by
recommending lower-intensity uses adjacent to the A-1 zoned areas. Appropriate
setbacks, building heights, fencing, landscaping, etc. would be a part of the proposal.
2835 West Oxford Ave., #6, Englewood, G EXHIBIT 1 03/783-3773 • e-mail: mplandplan@aol.com
2
3. We do not see the need to expand Tabor Street beyond the present "country lane"
status. We do not intend to access Tabor Street with commercial uses. There may be
a need to provide a better area for turning movements where Tabor Street intersects
with West 44`h Avenue.
4. We do not see the property continuing to function without at least two commercial
points of access on West 44th Avenue. A specific user may find it desirable to
relocate the curb cuts in recognition of the CDOT improvements to the west.
In accordance with the Wheat Ridge procedures for rezoning, we will provide as much
information as possible for both planning and design requirements. We hope to defer
many decisions to the Final Development Plans stage when a specific user is known.
Let me know if I can do more at this time.
MGP/kp
c: Hari Sach
Chris Sach
LAND SURVEY PLAT
A PART OF LOT 11, LEE'S SUBDIVISION
BEING IN THE SE 1/4, NE 1/4, SEC. 20, T3S, R69W OF THE 6TH P.M.
CITY OF WHEAT RIDGE COUNTY OF
JEFFERSON, STATE OF COLORADO
uam-mumom
vmm A
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11, EXCEPT THE WEST 20 FEET
AND EXCEPT THE EAST 150 FIEF THEREOF, LEE'S SUBDIVISION
COUNTY CF JEFFERSON, STATE OF COLORADO,
►AAIY6 0
TIE NORTH 125 FEET OF THE EAST 150 FEET OF LOT 11, EXCEPT THE EAST 10
FEET THEREOF, LEE'S SUBOVISION, COUNTY OF JEFFERSON, STATE OF COLORADO.
PAU& 0
'HE
THE SOUTH 1;22 OF TTMHR EA~STT 1 2 OOF F' TTHHE NoOURTTMH I~ OANI) LDr"i T;VS SJeDIIWSION
THE PLAT OF WHICH IS RECORDED IN PUT BOO( 2 AT PAGE 23, EXCEPT THE
EAST 10 FEET OF SAID LOT 11. ALSO EXCEPT THAT PART DESCRIBED IN BOOK 1018,
AT PAGE 570 AS FOLLOWS:
THE NORTH 125 FEET OF THE EAST 1/2 OF LOT 11. LEES SUBDIVISION,
EXCEPnN6 INEREfR0N1 M4E EAST f0 FEET INEAEOF, AND NoLCEPnNC THE WEST
20 FEET 1HEAFAF, AND AIUAI E%CFPIIHG THOSE CERTAIN PORTIONS OF SAID LAND AS
CONVEM
IN DEWS AND 93127940 AND RE AfCORDID OCTOBER 4, 81993 AT AT~ RECPTION NUMBERS 293158671
AND 93158972, COUNTY OF JEFFERSON, STATE OF COLORADO,
I. . IT IS HEREBY CERTIFIED THAT, AS OF THE DATE OF THIS
PUT, THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A 100
YEAR FLOOD ZONE IN ACCORDANCE WITH CURRENT H.U.D. FEDERAL
ADMINISTRATION FLOOD HAZARD BOUNDARY MAPS, DATED FEBRUARY Z
8TH NO 055079 OOOSC. AND IS IN ZONE '8'. SUBJECT TO
2. NOTICE
ACCORDING TO COLORADO LAW, YOU MUST COMkeNCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE
YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT.
MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE
COMMENCED MCJE THAN TEN YEARS FROM THE DATE OF CERTIFICATION
SHOWN HEREON.
3. PLAT, THIS LAND SURVEY
AND THE INFORMATION HEREON, WAY
NOT BE USED FOR ANY ADDITIONAL OR EXTENDED PURPOSES BEYOND
THAT FOR WHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY
PARTIES OTHER THAN THOSE TO 4. INS SURVEY DOES NOT CONSTITUTE A~nIT IS CERTIFIE.
TLE SEARCH BY
CLLANS, INC. TO DETERMINE OWNERSHIP OR
QUANS IM6 RO EDDUUPON CHICAGOWTITLE OF COLORA90,EIN~C.0COMMITMENT NO.
1113814, DATED MARCH 8, 1988 FOR THIS INFORMATION.
5. REFERENCE IS MADE TO THE FOUAWONG
- A WATER RIGHT DEED RECORDED JULY 1, 1977 IN BOOK 3822 AT PACE 237.
- A DEED FOR DITCH MAINTENANCE RIGHTS AND INGRESS AND EGRESS TO SAID DITCH,
RECORDED SEPTEMBER 20. 1855 IN BOOK 1010, PAGE 570.
RIGHT OF WAY RECORDED IN 8001K 285 PAGE 503.
9. PARCEL A,9 AND LEGAL DESCRIPTIONS ARETTAKEN FROM CHICAGO MILE OF COLORADO,
INC. COMMITMENT NO. 1113814.
AYR M Awm
L WILLIAM J. KONDRACO, A PROFESSIONAL (AND SURVEYOR IN THE
STATE OF COLORADO. ON THE BASIS OF MY KNOWMW INFORMATION AND
BELIEF, 80 HEREBY CERTIFY SPECIFICALLY AND ONLY TO ALEXIS INVESTMENT CORP.,
HART S SACHANANDANI AND CHICAGO TITLE OF COLORADO. INC.
THAT IN MARCH, 1898. A PROPERTY SURVEY WAS MADE UNDER MY SUPERVISION, AND
AS A RESULT OF A SURVEY MADE TO NORMAL STANDARDS OF CARE OF A
PROFESSIONAL LAND SURVEYOR PRACTICING IN THE STATE OF COLORADO,
THAT THE PUT HEREIN IS AN ACCURATE REPRESENTATION OF MALE
PROPERTY AS DETERMINED BY THIS SURVEY, ALL NOTES SHOWN HEREON ARE
A PART OF THIS CERTIFICATION, THE ENCROACHMENTS. EASEMENTS,
NIGHT OF WAYS OR PASSAGEWAYS ACROSS SAID PROPERTY THAT ARE IN
EVIDENCE OR KNOWN TO ME. ARE AS SHOWN TO THE BEST OF MY KNOWLEDGE
AND BELIEF. THE SURVEY DOES NOT CONSTITUTE A TIRE SEARCH BY
GUAN'S ENGINEERING, INC. TO DETERMINE OWNERSHIP OF THIS TRACT
OR TO VERIFY THE DESCRIPTION SHOWN; THE COMPATIBILITY OF INS
DESCRIPTION WITH THAT OF ADJACENT TRACTS NOR EASEMENTS OF
RECORD.
WEST 44th AVENUE
Nrourl RMM
W1m MASH
N891J'07"E Nllr wvr r w MAW m- 654.19' AM
s 332.08
"'~o iiRNER
t4.
SUBDIVISION (PER WES'MIKE PARCEL A NE CORNER
PARK SUBDIVISION) { PROSPECT
PARK PLA
MINOR SUB,
j1REA9.e 5R, FT{
cull
Ar
l 1 fN1111N/ Ym
" PtiAn 9~1 S ItNi N AE'BiA A I
"a APPARENT EASEMENT
FOR OVERHEAD UTILITY SCALE, I'= 40'
LINES ON PARCEL. 'A" AREA IN PARCEL A k B.
I
SOUTH OF FENCE, IS USED
BY PARCEL 0 OCCUPANTS 40 0 RO 40
i i
EAST LINE OF WESTLA1fE u E, r ASPHALT ROAD "
SUBDIVISION N EAST UNE <s FALLS ON PROPERY II ;~1
LEES SUBDIVI9W7 11, " z co AS SHOWN
(PER WESTIAKE PUT) gig s5fM ~a S
" PARCEL "C" WO FORE L
8
PILIM6
~ r d
ADJOINING PROPERTY
M
11
88 SQ. F7.
NORTHWEST ACCESSING GATE
THROUOH PARCEL 'C*
CRUSHED ASPHALT R.V.
I
d
AND BOAT PARKING
h ~
~
TS
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~
i
s
s
i
oil
s
•
oVFJMFAO UnUTY •
I
LINES - APPARENT
1
,
,
H
I I
EASEMENT
X
l
3
n ,
OVERHEAR 111WTY
1
MG1i7ff,
FIRE HYDRANT
WATER VALVE
UMUTY POLE
UCHT POLE
- 01'ERHEAD U11UIY ONES
A.M. e ACTUAL FlEID MEASUREMENT
(D) DEEDED MEASUREMENT
• .-CLF CHAIN UNX FENCE
5' VERT. CURB WITH I' PAN
ALES FOR SITE
UCNT POLES
#
#
m
1
, I
3
;
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q
0
(
'
"N
OTCN EASEMENT REC. ~9J1279J8 F9I~ I;
u~
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15
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{
MOOD FINCE
NI%rZT0ff 7E MIT
; I
Z
2
:Ulf l~ ]SP,I'EL ,..,7 C 1 P
BASIS OF BEARING IS THE SOUTH LINE OF THE NE 1/4 OF SECTION 20
AS ESTABLISHED PER SELLARDS AND GRIGG, INC. SURVEY FILED IN PLAT
BOOK 100, PAGE 10 -REC.189029399
secnoN 20
r997.. 34' (WESILAIKE PLAT) 987.14' AM
'00- -N8'>M3'2=66'8'OTt$& TR~AR6D1'M}-M5974'-AM~
~
EAST 1/4 CORNER
SECTION ZO
A
,I
'
V
FOUND 3-1/2' BRASS CAP { .I0►
LS {13212 INSIDE RANGE BOX FOUND 3-1/4' BRASS
REC. 084104807 CAP IS,I3112 - 1892
INSIDE RANGE BDX
ON528SE
corm I i MIN„ UfEAlit
EXHIBIT 2
LAND SURVEY PLAT POOR COPS'
A PART OF LOT II, LEES SUBDIVISION
W BEING IN THE SE I/a, NE I/4, SEC. 20, T3S,R69W, 6th PM,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, graLmummm
MANITkt3 STATE OF COLORADO j PPAM&
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M NppM g5Ftt1 a T1+E utr 1lpsftT Or L0r l+ E7T:E►r 1,E fAtt m
FM AEPYOF. Tt[t A*w#%Kw.. COUNTY Of *"fAAOk STAR a
COLORADO.
FAMa
M MORIN TOof 1FE EAR IO Of MNDRM M AMi TH! MOKM In OF
flEtdlik to a M WT ID OF THE N04M Ink or to? It ts"
KCONM
WAVIVISION THE
BOOK LFFE1MmIAEy PLAT Of WOtlOT MI;ALSOO PLATERC301 TINT V0Kr 71,
Ot/pgE0N1001t ImtA1►A01 M ASfOLLON!
M ==Of M tAST N OF t 0 r 11. LwS S7SOMWK
TIPJIEIY. CQInfTT'a&PPERSOKITATI aCCLORNOM
C I ►A MC.
M IpNtll f23 rftT OF THt Wi Iq Or LOT, I *AClR TFE NEST 70 rft7
AFO LtCFR M EAR ISO IEV TWIMOV. LEES 84.000A3fON COW" OF
BMn10M STALE of COLORADO
R R wiwv CV41A W AIRY, AA a r/E OATI OF rMA RAT. TV*
,
.
MARCT NIOPPffY p NO LOCATO WMANM A 100 Y VA FLOOD ZOMI
N ACEOPMAMM MMTN CUMM HUO !SOMME ADMINISTRATION
PLOD INZAM SOUNIM" AN►!. DOW fElRUARY C 1911 MAF 40
yym900MC.ADoMZOMt tWECT10tMNtGL
t ~j( omom ro COLau00 LAW You Kw Comwwa ANY "QAL
ACTON SALIO VON AMY mccr Of T'M! SINVOry vMW" "OR" yew
AFM YOU VOW DISCOVER ACTON Paw UPON ANY 01~ M TICS ARMY St YCOMI~AICtO QUICT, of NO
DiA12 O CIRWrATgN SHOW"
u01a THAN TEN TIMA MOM rMl
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AND M INFORMATION HERIOM. MAY NOT Of
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I
COLORADO, 06 M LASE Or NT HIIOYMtam "PO MATOM AND 140,
90+EARY CPlft',' 1M UCALLY AOOfAy TOAHIAS ^W%T%%MTS TINE
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MT OE MT IEAEM It At A=-Tt RE1R uw&rg1 or M
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AM A NAT Of THIS CAMgCATc% "t,OOMAFtNT1 to ZA WM
NDMIAF.YMY OR ►AttADIRMYt 1010" UD 1I11Afl THAT AM N
(NUANCE OR RN" TO A( MI M PLNYM 1O M MV OF MY
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fvllt l9ygRLAN9IlAMSM■ D, NC TOOETEAME m-WAMra TW
TRACT CA TOMM.I' NC OtACIM~ON PIO,'At Tw CO►A"Sam OF TAO
ofWarrOM ,M1H TINT OF AaAACPR TRAM. IATA fAYAEMT► OF
RECORD
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REVISIONS
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EXHIBIT 3
■
• • _
~ a°~ ~ t. 'i.jA S'. Kj 't. fn ri
• ~ K~
n
Y. 1
i 4 w J~ ~ ~ .401 G,i7 - -
• • • • • ~
• •
D i
Ma w Viclnlt e Uses. p A ow Y
~AOQuE4, o eet o Allowed uses shall consist of
s k applicable, drive through facil.
s Community Development Diri
W Hd h~n~a~.l'~P! ~ ~ ~ subject to requirements pursua t 1. Animal vetennary hospital
yy 411t, ArY. no cremation.
s ~ w4~n~~ . ~ ~ 2. Antique Stores *N Iv
w~^~° = ~ RIGHT OF WAY FOR TABOR STREET IMPROVEMENTS 3. Apparel and accessory stogy
w EAT 4. Appliance stores and mcid w~a~~~ SHALL BE DEDICATED TO THE CITY OF WHEAT RIDG ~ 5. Art galleries or studios
¢,~h,.~ a ~ ~,q,,,~Ye THE TIME OF FINAL DEVELOPME ~ ~ , ~ ~ 6. Auto parts, sup lies, and a
- ~ ~ ~ I I ~ I derive the re on erance of t I p p
I~ ~ I ~ I intended for customer installs E ~ I ° - ~ occur within the allowable bu
,=sr ~ c~ Loge 7. Bakeries, retail W iZnd pw - WA~gava
E«,.~..„, ~ 8. Banks loan and finance of c~ ~l
9. Bic cle Stores ~ 1L Q y .
_ ,v.~„=_~~ 1J-. 10. Bluepnnting, photo static ~ I ~ I I - ~wan,ar w w33m I ~ I 11. BOOkstoCOS, newSS~lndS, S1
° ~ O ~ ~ I 12. Business mac ine or comp
~ 'm ~ Z I r d hoto ra his 13. Came a an p g p A ri~e~ (L 0
~~„„~~~,u,~ ~ ~ ~ ,,,n a,. ~n~o~A~~e a~eA~s 14. Candy, nut and confection 15. Carpet sales
_ _ _ _ - - - - - - 16. Caterers
a Descri tlon: - - - - Le p a care and g 17. Church with D I I y
THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11, LEE'S 18. Clinics and offices for the
OOK 2 AT PAGE 23 OF THE RECORDS developmental or similar cony SUBDIVISION, AS RECORDED IN PLAT B 19, Coffee Shops with drive t
ERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE ~,~JEST ~~t~ ,4VENl~E OF THE JEFF _ _ 20. Community buildings
NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS _ _ _ _ - - - - - - 21. Dairy product stores
ED AT RECEPTION NUMBERS 93127939 AND 93127940, EXCEPT THE ACCE55 ACCESS 22. Department or variety stoi RECORD
EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF I NT- IN/RICx~IT-OIaT RICxNT- IN/RIC~NT-OUT 23. Drug stores R ~ 24. Floral sho s
SECTION 20 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL p ON STATE OF 25. Furniture stores
MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERS , 26. Garden su ply stores with COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ _ - - 27. Gift, nove ty or souvenir s
N89 13 26 lU 321.90 28. Quasi-governmental build
OUTHLINE OF THE NORTHEAST DARTER OF FUTURE FULL 29. Grocery or convenience si BASIS OF BEARINGS: THE S Q MOVEMENT
TO BEAR S89°09'18"W. I INTERSECtION 30. Hair, nail and cosmetic se SECTION 20 ASSUMED
31. Hardware stores and home I 32. Hobb and craft stores
CORNER OF SECTION 20 THENCE y COMMENCING AT THE EAST QUARTER 33. Home furnishm stores ROU1 pEDICATION FOR g
S89°09'18"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE LABOR 9TREEt 34. Hotel, motel
NORTHEAST DARTER OF SAID SECTION 20, THENCE N00°50'42"W,118.00 FEET IMPROVEMENTS 35. Intenor decorating and fm Q
0 THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN NT 36. Jewelry stores T FULL MOVEME
~ z ~ EPTION N0.93127939 BEING THE TRUE S I 37. Laundry and dry cleaning QUITCLALr_ D..EL~ RECORDED AT REC ACCES 38. Leather goods and luggag
POINT OF BEGINNING; I 39. Linen supply
wn 40. Liquor stores ° ~ ORTH LINE OF SAID PARCEL A DISTANCE LONG THEN 41. Meat, out or seafood THENCE S89 23 27 W A P ti"Y
~ s~ F SAID PARCEL AND THE ~ NT AREA A ~ ZONEp C-1 42. Medical and dental office.. OF 156.13 FEET TO THE NORTHWEST CORNER 0 pEYELOPME
- ~ ~ LUM6l=R 7 ARp 43. Music stores NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED
~ ~ _ w I 44. Newsstands RECORDED AT RECEPTION N0.93127940; ~ ~ r- 45.Office supply stores
~ _ ~ I 46.Offices: general adminisb
° ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE ~ : HENCE 586 48 38 W of s uare footage of primary ~ T ;v
OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT @ 47. ptical stores
F OF THE SAID LOT 11 • = @ 48. Paint and wallpaper store) ON THE WEST LINE OF THE EAST HAL r- ~ ~ 49. Pet stores
~ 4.-, 50. Pharmacies with drive thr
THENCE N00°24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT N ~ I LABOR STREET 51. Picture framing sho s
11, A DISTANCE OF 485,46 FEET TO THE NORTHWEST CORNER OF THE EAST 61 ~ ; I IMPROVEMENTS TO 52. Recreational Vehic e Stor AID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF WEST 44TH ~ TRANSITION INTO EXISTINCs HALF OF S z 53. Residential -Developmen
FULL MOVEMENT RESIDENTIAL STREEt 54. Restaurants: sit down or c AVENUE; ACCESS
55. Self Stora e-Develo men g p
56. Shoe re air shops NCE N89° 13'26'B ALONG THE NORTH LINE OF SAID LOT 11 AND SAID p THE A tloN of 57. Shoe stores
SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321.90 FEET; ZONED SEP RA NT ~ ~'I 58. Specialty sho s such as b~
G-1 ~ G-1 pEVELOPME ~ A A5 to BE 59. Sportin goo s stores 11
° ~ 'LIRE ~ ~I HT-OF-WAY LINE OF TABOR pETEF~"11NED AT 60. Studio or rofessional w THENCE S00 24 47 E ALONG THE WEST RIG t0 p S ~ FDP ~ 61. Tailor dressmakin or cl~
STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. ~ ~ g 62. Television, ra io, sins a; ` ACCESS
tINCs uioo ~ 63. Tobacco stores
4 S DARE FEET OR 3.550 ACRES, MORE OR LESS. to REMAIN Exls D CONTAINING 15 ,633 Q FENCE, BueK 64. Toy stores PILLARS ; ~ 65. Video rentals
l _~_e pECIDU0U8 ~ 66. Watch and jewehy repair
tatement. TREES t® I wners 1p ~ ~ ~ ~ REMAIN
h andani. ZONED A-1 ~
The owner of the property is RV Amenca, Inc. - Mr. Han Sac an Deve o ment l P o~EN sPacE:
l'~ e t• Area of Developm n .
ntro tatement. ~ Z A-I ni le o zoNEo Maximum Building and Hare
SINGLE 1=AMILY Floor Area Ratio The owner of the property is RV Amenca, Inc. Mr. Han Sachanandani. ~ Maximum I
f the roe that Maximum Building Height: Should market/busmess conditions require a sale o p p rty,
X elo meat Area A-- ownerwould beobligated by the conditions of this document. Dev p
VEI.OPMENT ~4RE~ ~ Develo ment Area B-- p
APPROXIMATE AREA Buildin Setbacks: g tin Zonln : sTORMwatER
Exis OF tatement o 4 A n g west 4th ve ue g DEtENTiON FACILITY - I
The roe is current) zoned C-1, Commercial-One with conditions. EXIStINCs Ul0op I contemporary ove P P rtY y
' t RV sales and FENCE e PANE ExIStINC~ 15~ Southern Property The conditions limit allowable uses mthis C-1 Distract o ~ tREEs EASEMENT Eastern Property
storage. - Western Property
EXISTINCs
t Deve o ment; woap FENCE Minimum S ace Between Bi t r Inten o p arac e ti Parkin :All Arkin shall bE
coin lisped in a manner consistent with - ~ g p g Development of the property will be ac p I Code of Laws
the planning design and development criteria of the City. Site conditions 589'23'21"W 156.13' Fencing: All fencing shall b.
which will be reflected in the development include the existing commercial 886.48'38"UJ 16S.g6 Code of Laws or as approves
uses adjacent to the northern portion of the property, the residential and open (NOT A PART) (NOt A PART) Final Development Plan.
uses to the south, and the changing vehicular access and circulation patterns _ _ _ _ _ _ _ Signage: All signage shall b~ r!
alon West 44th Avenue which are the result ofnew on/off ramps to I-70. It is - - g ZONED A-1 Laws.
the intent of this document that the final use or uses be of higher intensity to 51NGl.E 1=AMILY Lighting: All exterior lightir
the north -lower intensity to the south, or that blended use or uses be properly Ridge Code of Laws.
desi ed or transistioned into the property, This intensity/design/transistion NOTE: THIS OUTLINE pEVELOPMENt PLAN IS CONCEPTUAL IN ~ , , ~ ~ ~ tie•nia~ sp~cl~lc DEVELOPMENT ELEMENtS SUCH A5 SITE Landscaping: Landscaping ;
concept includes recognition of land use types, uuuamg aesign, nelgms anu LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN design and pedestrian access 4A(-vtrian arrecs shall he. in arrnrdanre with criteria deftnedin the I ittletnn Cnlnradn R01 2.R ll30 West124th Avenue, Suite IUU
setbacks vehicular access and perimeter screening. Plan: ADDRESSED ON THIS DOCUMENT. AS A RESULT, A i p c emat e Architectural and Site Desl
NON-ADMINISTRATIVE AMENDMENT TO THIS OUTLINE 8 Phasing: if so -o" DEVELOPMENT PLAN MUST BE SUBMITTED AND APPROVED BY Architectural: Architectural
l THE CITY OF WHEAT RIDGE PRIOR 70 THE SUBMITTAL OF A FINAL accordance with the Architee
DEVELOPMENT PLAN AND ANY SUBSEQUENT SITE DEVELOPMENT. L The design and processing of a Final Development Plan and the development of the
will occur as market conditions allow. proposed project
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EXHIBIT 5
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EXHIBIT 7
City of
000 Wheatage
~0C_(0_VMA&11JNi-fy DEVELOP&AFN [
City of Wheat Ridge Municipal Building 7500 W. 29'1' Ave. Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857
NEIGHBORHOOD MEETING NOTES
Date:
City Staff Present:
Location of meeting:
Property location:
March 18, 2009
Meredith Reckert, Senior Planner
Wheat Ridge Municipal Building
Lobby Conference Room
7500 W. 29"' Avenue
Wheat Ridge, CO 80033
11808 W. 44"' Avenue
Applicants: Mike Pharo (land planning consultant for owner)
7777 S. Depew
Littleton, CO 80128
303-783-3772
Hari Sach
11808 W. 44t" Avenue
Wheat Ridge, CO 80033
888-311-4497
Property owners: Hari Sach
11808 W. 44"' Avenue
Wheat Ridge, CO 80033
Property Owner(s) present? Yes
Existing Zoning: Unrestricted C-1 (northern one-third), restricted C-1 (southern two-thirds)
Comprehensive Plan
Designation: Community Commercial Center (northern one-third), Single Family
Residential (not to exceed 4 du"s per acre) (southern two-thirds)
Applicant's Proposal: The owner of RV America would like to sell his property. In order to make
it more marketable, he would like to rezone the property to broaden the uses allowed. Currently there are use
limits and specific use areas on the property that may restrict potential buyers from developing the site for
their needs. The uses that are currently allowed on the rear portion of the property are restrictive and
essentially limit the property to be used for RV storage.
The rezoning would expand the allowable uses beyond the RV storage limitations on the central and southern
portions of the property. The uses would generally follow the uses allowed in the existing C-1 zone chart.
Some of the more intense uses allowed in the C-1 zone district will be excluded from the list of allowed uses.
T VTTT7lTT n
Consideration will also be given to the surrounding low density neighborhood when uses and development
standards are established for the areas immediately adjacent to them.
Existing Conditions:
The property is 3.5 acres in size and is located on the southwest corner of W. 44"' and Tabor St. The adjacent
properties along W. 44`x' are zoned G1 with the exception ofa small area on the property to the west, which
is zoned C-2. The areas to the south of the property are zoned A-1 developed with single family homes and
open space.
As Tabor St. extends south of W. 44`x' Ave., it becomes a street that has not been constructed to the minimum
street width. The road's width is that of an alley (20') and provides access to the residential lots to the south
of the property in question. As Tabor St. extends to the north of W. 44`x' Ave., it is the only street that
provides access over I-70 in between Ward Rd. and Kipling St. There is currently no access to the property
from Tabor Street.
The following issues were discussed:
What is happening with the CDOT project for relocation of ramps and related improvements on
44th Avenue? The new I-70 on and off ramps will be located to the west ofHeinie's Market
cncornpassing most of the Public Storage property. Improvements to 44'1' will include widening,
installation of curb, gutter and sidewalk and installation of raised medians which will limit access to
many of the adjacent properties to right-in/right-out only. Dhe subject proper-ty lyill have no left tzu-n
access to 44`x' Avenue with the two existing accesses limited to right-in/right-out.
Will a traffic signal be installed at the corner of 44`1' Avenue and Tabor? If the property is
redeveloped and generates sufficient traffic to meet "warrants a traffic signal would be installed.
On the drawing, why is there a line drawn through the middle of the property? The line will be
used to designate tiro district use areas. The northern portion adjacent to 44'r' Avenzrc hill hai~e
higher intensity uses more oriented to impulse purchases such as, fast food restaurants. The southern
portion hill have less intensive uses and development standards more appropriate adjacent to
residential development such as a 35 ' height lintitcrtion 1-t1here the front piece height allowance will be
SO
What are the uses being proposed? The uses listed were taken primarilv./rom the C-1 permitted use
list with marry of the undesirable uses eliminated. A few of the eliminated uses include adult
entertainment establishments and car repair.facilities. Discussion ofdesirable uses continued. There
was some sentiment that no development should be allowed. It was pointed out that visually,
development may have less impact than currently exists with the RUstorage. Onc of the desirable
uses suggested was a landscape nursery.
Why is the city allowing the owner to apply for a zoning change? Wasn't this settled years ago?
The last application.for a change in zoning conditions was filed in 1999. The case was withdraivrh
after a denial recommendation was given by Planning Cornrnission. It is the property owner's right to
be able to apply for zoning modifications on his property.
What is proposed for Tabor Street? If access is approved. for Tabor Street, the developer will be
responsible for dedication, widening and installation ofpublic irnprovctnents from 44`1' down to the
new access point. No widening or improvements mould extend to the south where residential access
begins. It was indicated f-om the attendees that people drive down Tabor where there is no turn
around requiring turn around rising private drivetivay. This type of intrusion into the neighborhood
has included delivery vehicles and even semi trucks.'
rucks. It wcrs posed 11,hether the City would be
agreeable to physically restricting access such as gating. This is doubtfid due to emergency access
issues.
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EXHIBIT 9
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City of
Wheat jdge
PUBLIC WORKS
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave.
May 4, 2009
Mr. Michael G. Pharo
Michael G. Pharo Associates, Inc.
2835 West Oxford Avenue #6
Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857
Englewood, CO 80110
303.783.3772
Re: First Review Comments of the Hari Sachanandani Outline Development Plan.
Dear Mr. Pharo,
I have completed the first review of the above referenced document received on April 29, 2009,
for the re-zoning proposed for 11808 W. 44t1i Avenue, and I have the following comments:
Outline Development Plan
1. Pertaining to the Legal Description:
a. The metes and bounds portion of the Legal Description must conform to the Current
City Datum, which is a modified (ground-based) form of the NAD83/92 State Plane
coordinate system. (Please see attached sheets to assist you with the rotation).
b. Include a tie to the section. Please be advised that the Basis of bearing line will need to
be a section or quarter-section line per the Municipal Code of Laws. (FYI: The south
line of the NE 1/4 of Section 20 is N89'09'1 8"E per the official City ROW maps).
c. Please include the True Point of Beginning (T.P.O.B.) and Point of Commencement
(P.O.C.).
2. Please show the existing lot lines using a very light or shaded linetype.
3. Please show the "20.00' WIDE AREA RESERVED FOR FUTURE RIGHT-OF-WAY" as
running the full length of the Tabor Street frontage, as indicated on the redlined Plan.
4. You need to include three notes pertaining to the above-mentioned 20' ROW Reservation:
a. No permanent structures shall be allowed within the 20' ROW Reservation area.
b. The northerly portion of the reserved area that is necessary to construct the Tabor Street
entrance for Development Area B shall be dedicated to the City of Wheat Ridge at the
time of the Final Development Plan.
c. The residual portion shall remain as a 20' ROW Reservation until such time as future
development in the area necessitates Tabor Street to be constructed to City standards
across the entire frontage of the subject property.
5. Need to show the following on the plan view:
a. The bearings & distances for the boundary of the subject property. FYI - the westerly
ROW line for Tabor Street is N00°26'31"W per the official City ROW maps.
b. The tie to the section.
c. The T.P.O.B. and P.O.C.
EXHIBIT 10
City of
W heat Midge PLANNING COMMISSION
COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: June 18, 2009
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING
RESIDENTIAL DEVELOPMENT STANDARDS (ZOA-09-02)
CASE NO. ZOA-09-02
® PUBLIC HEARING ® CODE CHANGE ORDINANCE
Case Manager: Jeff Hirt
Date of Preparation: June 11, 2009
SUMMARY:
The attached ordinance proposes amendments to the development standards in residential zone districts.
Specifically, revisions are proposed to setback requirements for both principal and accessory buildings, as
well as a new section directly addressing accessory buildings. The attached ordinance represents the general
consensus reached at multiple study sessions with both the Planning Commission and City Council with
regards to some modest reductions in setbacks and generally more flexibility to make improvements on
residential property.
Notice for this public hearing was provided as required by the Code of Laws.
ZOA-09-02/ Residential Development Standards
BACKGROUND:
Residential development standards are primarily set forth in Sections 26-205 to 26-214 of Chapter 26 of
the Code of laws. These standards include building setbacks, size, and height, as well as minimum lot
sizes for different land uses. This code amendment has been a high priority item as part of the short term
zoning code amendments staff is working on for a number of reasons as expressed in the Neighborhood
Revitalization Strategy (NRS).
Neighborhood Revitalization Strategy
The adopted Neighborhood Revitalization Strategy clearly outlines the need to update the zoning code to
encourage improvements to existing residential properties to attract "strong" households. There are a
number of obstacles in the current zoning code related to residential development standards to encourage
desirable residential development and redevelopment in the current code:
• Wheat Ridge has, on average, significantly smaller homes than surrounding communities and the
county as a whole.' With this, there is a demand for expansions to existing homes, which often
includes additions and detached garages. For instance, the majority of the homes built in Wheat
Ridge were not originally built with two car garages, a commonly demanded item in the current
residential market.
The current residential development standards,
specifically setback requirements, often times are very
restrictive in allowing any type of additions or
expansions. In many cases the existing setback
requirements do not reflect the existing conditions,
particularly in residential neighborhoods east of
Wadsworth. In other words, houses, garages, and sheds
very often encroach into required setbacks under current
regulations.
A major component of the NRS is also encouraging more
pedestrian-friendly neighborhoods.2 Every residential zone Typical Wheat Ridge residential
district has required large front yard setbacks, higher on average structure
than any surrounding jurisdiction in fact (see Exhibit 1 of this
staff report). While it is perhaps appropriate to keep these larger front setbacks in some of the city's
large lot residential zone districts, it may be beneficial to include some reductions in others.
Current Code
The current residential development standards generally include the following:
30' front setbacks in all districts, 30' setbacks from any street in all districts
Generally, 5' side/rear setbacks where accessory buildings are less than 8' in height; 10' side/rear
setbacks where accessory buildings are greater than 8' in height. This results in required 10'
side/rear setbacks for any detached garage in most zone districts. In some districts, there are 5'
1 See page 20 of the Neighborhood Revitalization Strategy (NRS).
2 Noted throughout the document; but see page 24 of the Neighborhood Revitalization Strategy (NRS) for a specific example
as part of the recommendations from this document.
ZOA-09-02/ Residential Development Standards 2
minimum side setbacks for principal structures, while garages must be 10' (See Exhibit 2 for an
illustration of this discrepancy).
• 35' maximum height for principal buildings
• 15' maximum height for detached garages; 10' maximum height for storage sheds.
• Minimum lot size/width, maximum lot coverage of a lot that can be covered by buildings)
varying by district.
History
2003 Zoning Code Amendments
It is important to summarize the similar zoning code amendment process undertaken in 2003. Initially,
these specific issues were discussed as part of the comprehensive zoning code rewrite in 2001. As new
issues emerged, subsequent meetings and research resulted in approval of the adopted ordinance taking
place in 2003.
The following general revisions were made in 2003 related to residential development standards:
• Reduced the allowable building height for accessory structures in all residential zone districts
from 20' to 15' for detached garages, and 20' to 10' for storage sheds. The general intent was to
limit the bulk and mass of the structures, and there were also concerns about living space above
the structures.
• Increased side and rear setbacks for accessory structures based on building height.
• Increased side and rear setbacks for principal structures in some districts - some based on height
(per story) and some an outright increase.
• Established a maximum size of 120 square feet for metal accessory buildings in all residential
zone districts.
• Revised the definition of an accessory building.
Surrounding Jurisdictions
Eight area jurisdictions were analyzed with regards to the residential development standards under
consideration for this zoning code amendment. Exhibit 1 includes a table with more detail on this
research. In general, the conclusions are as follows:
Wheat Ridge...
• Has the highest front setbacks on average
• Has lesser rear setbacks for principal structures on average
• Has higher side and rear setbacks for detached garages on average - most do not base the
setback on height
• Generally is more restrictive for corner lot setbacks. Five of the eight have reduced side and
rear yard setbacks for corner lots for principal structures on average
• Is consistent with regards to side setbacks for principal structures on average
• Is consistent with front setbacks for accessory structures in that they are the same as the principal
structure, but some jurisdictions simply require that they be behind the principal structure
• Is consistent with accessory buildings of lesser height for side and rear setbacks on average
• Is consistent with regards to building heights for principal structures on average
• Is consistent with regards to building heights for accessory structures on average
ZOA-09-02/ Residential Development Standards
Summary of Proposed Changes
Staff has proposed a number of changes throughout the residential zone districts reflected in the attached
ordinance. The following general changes were made:
• Classifying accessory buildings as major versus minor, and adding a new accessory buildings
section. The current code only regulates detached garages and storage sheds for accessory
buildings.
• Allowing accessory buildings to encroach into front and street setbacks where the existing
principal building already encroaches.
• In most districts, reducing the front setback from 30' to 25'
• In most districts, reducing side and rear setbacks for accessory buildings so that they are treated
similar to the principal building.
The following is a district-by-district summary of the changes:
District
of Changes to Development Standards
All districts
• Detached garages/carports and storage sheds as
only accessory buildings regulated to major and
minor accessory buildings classification.
• Reference to new accessory buildings section.
Residential-One District (R-1)
• None
Residential-One A District (R-IA)
• Front/street setback: 30' to 25'
• Side/rear setbacks for major accessory buildings:
5' if 8' height, 10' if > 8' height to 5' if 10'
height, 10' if > 10'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
Residential-One B District (RAB)
• Front/street setback: 30' to 25'
• Side setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
• Rear setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 10 if >10'
height'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
Residential-One C District (R-1C)
• Front/street setback: 30' to 20'
• Side/rear setbacks for all accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
ZOA-09-02/ Residential Development Standards
District
Development Standards
Residential-Two District (R-2)
• Front/street setback: 30' to 25'
• Side setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
• Rear setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 10 if > 10'
height'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
• Side/rear setbacks for principal buildings, two
family and group homes: 5' to 5' per story
Residential-Two A District (R-2A)
• Front/street setback: 30' to 25'
• Side setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
• Rear setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 10 if >10'
height'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
• Eliminate 5' per story side setback for single
family residential
Residential-Three District (R-3)
• Front/street setback: 30' to 25'
• Side setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
• Rear setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 10 if >10'
height'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
• Eliminate 5' per story side setback for single
family residential
Residential-Three A District (R-3A)
• Front/street setback: 30' to 25'
• Side setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 5'
• Rear setbacks for major accessory buildings: 5' if
8' height, 10' if > 8' height to 10 if >10'
height'
• Side/rear setbacks for minor accessory buildings:
5' if 8' height, 10' if > 8' height to 5'
• Eliminate 5' per story side setback for single
family residential
Agricultural One (A-1)
• None, but new reference to major vs. minor
accessory buildings.
Agricultural Two (A-2)
• None, but new reference to major vs. minor
accessory buildings.
ZOA-09-02/ Residential Development Standards
Classifying Accessory Buildings
In consultation with the Planning Commission, staff has proposed classifying accessory buildings as
major and minor, rather than the current detached garages and sheds. Major accessory buildings would
have the same size and height restrictions as detached garages currently do, and similarly minor
accessory buildings would have size restrictions similar to that of storage sheds under the current code.
Under the proposed regulations, the size of the structure is the determining factor in its classification
regardless of the use. The following is an illustration of a typical proposed standard in a residential zone
district:
In addition to the size and height restrictions, the main difference between major and minor accessory
buildings is more restrictive setbacks in most districts. The general philosophy behind staff's
recommendation is to treat major accessory buildings similar to how the principal structure is treated
relative to setbacks, with lesser setbacks for minor accessory buildings. With this, where the principal
structure has side or rear setbacks 10' or greater, major accessory structures would have 5' side/rear
setbacks when less than 10' in height, and 10' side/rear setbacks when greater than 10' in height. Minor
accessory buildings generally would have 5' side and rear setbacks regardless.
Allowable setback encroachments
In order to provide more flexibility on challenging lots where there are existing principal structure
setback encroachments, staff has proposed allowing limited encroachments for accessory buildings in
these situations. Under the proposed ordinance, where the principal structure encroaches into required
front and street setbacks, the accessory structure may build in line with this encroachment. Detached
garages are given special consideration, as there may be issues with vehicles hanging out onto the right-
of-way where there is limited depth for a driveway along the street. The ordinance is written so that a
typical vehicle would either fit onto a driveway in these situations, or it would be unlikely a vehicle
would attempt to park there at all. This is accomplished by specifying that there cannot be a setback
between 5' and 18' from the street, as the typical vehicle depth to accommodate a vehicle is 18'.
RATIONALE FOR AMENDMENT
There are some clear issues with the current code regarding consistency in treatment of principal and
accessory buildings, as well as the goals of the NRS:
• In many cases (e.g., R-113, R-1C, R-2, R-2A, R-3, R-3A), the principal structure has 5' side or
rear setbacks, yet any accessory structure over 8' in height must be 10' from side and rear
property lines. This effectively allows a 35' foot tall principal building 5' from a side or rear
ZOA-09-02/ Residential Development Standards
property line, while a 15' tall detached garage must be 10' from a side/rear property line (See
Exhibit 2).
• Requiring 30' front setbacks in all districts is a more substantial requirement than any
jurisdiction surveyed (see comparable jurisdiction survey in Exhibit 1), and it also discourages
pedestrian friendly development.
• Requiring 30' front and street setbacks for corner lots creates a very small buildable area for
these properties.
• The only two accessory buildings addressed are detached garages and storage sheds. Buildings
such as gazebos, barns, greenhouses, and other accessory buildings should be addressed rather
than interpreted on a case-by-case basis.
The intent of the attached ordinance is to provide more consistency and flexibility in the treatment of
principal versus accessory buildings, as well as provide some modest front setback reductions to better
encourage a pedestrian-friendly development pattern in most residential zone districts.
RECOMMENDED MOTION:
"I move to recommend approval of the proposed ordinance amending Chapter 26 concerning residential
development standards."
Exhibits:
1. Comparable Jurisdiction Summary
2. Illustration of Principal and Accessory Building Inconsistencies
3. Proposed Ordinance
ZOA-09-02/ Residential Development Standards
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EXHIBIT 2: ILLUSTRATION OF PRINCIPAL AND
ACCESSORY BUILDING INCONSISTENCIES
R-2 Existing Standards - Single Family
120
-
Z OA-09-02/ Residential Development Standards
EXHIBIT 3: PROPOSED ORDINANCE
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. -2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF CONCERNING RESIDENTIAL
DEVELOPMENT STANDARDS (CASE NO. ZOA-09-02)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and
the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public
health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed amendments
implement recommendations from the adopted Neighborhood Revitalization Strategy; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1: Section 26-120 of the Code is amended to read:
Sec. 26-120. Nonconforming lots, uses and structures.
C. Nonconforming structures and uses: Where a structure or use lawfully existed at the time of the
adoption or amendment of this chapter which could not be built under the current requirements of this
chapter because of lot area, lot coverage, required yards or the location of the structure on the lot, such
structure or use may be continued so long as it remains otherwise lawful, subject to the following.
1. Any one- or two-family dwelling structure or customary accessory structures may be enlarged,
altered or added to provided that all lot coverage requirements of the zoning district in which the
structure is located are met, and provided that the enlargement, alteration or addition does not increase
the extent of nonconforming setbacks by encroaching beyond the existing setback line. In instances of
corner lots, no enlargement, alteration or addition shall be permitted to encroach within the minimum
sight distance triangle as set forth in section 26-603B. In addition, no enlargement, alteration or addition
which extends within the nonconforming area shall result in the development of any additional dwelling
units.
2. If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an
extent of more than fifty (50) percent of its replacement cost, it shall not be reconstructed except in
conformity with the applicable provisions of this chapter.
3. If any structure should for any reason be moved from its location at the time of adoption or
amendment of this chapter, it shall conform to the provisions of the district in which it is located after it
is moved.
4. No existing structure devoted to a use not permitted by this chapter in the district in which located
ZOA-09-02/ Residential Development Standards 12
shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing
the use of the structure to a use permitted in the district in which it is located.
5. Any nonconforming use may be extended throughout any part of the building which was designed or
arranged for such use at the time of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building. In addition, no such use shall be extended to any
portion of the property outside of any building which was not used for said nonconforming use at the
time of the adoption or amendment of this chapter creating said nonconforming use.
6. Whenever any nonconforming use of a structure, or land, or a structure and land in combination is
discontinued for sixty (60) consecutive days or six (6) months during any three-year period (except when
government action impedes access to the property) the structure, or structure and premises in
combination shall not thereafter be devoted to a use not permitted in the district in which is located.
Nonconforming residential structures and uses are exempt from the provisions of this subparagraph.
Rezoning or special use permit applications for properties which are nonconforming uses at the time of
application, and where these applications are intended to bring the nonconforming use into use
conformance, shall not be charged application fees or be required to reimburse the city for direct
expenses related to the application review process.
7. Setback encroachments for accessory buildings may be allowed where the principal structure
encroaches into required setbacks in accordance with Section 26-625.'
Section 2: Sections 26-205 - 26-214 of the Code are amended to read:
Sec. 26-205. Residential-One District (R-1)
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-
density residential neighborhoods, and to prohibit activities of any nature which are incompatible with
the low-density residential character.
B. Development standards:
TABLE INSET:
3 NOTE: This language has been added as a cross reference for further allowed encroachments into setbacks set forth in the
new Section 26-625, Accessory Buildings.
ZOA-09-02/ Residential Development Standards 13
M
Maximum
Minimum
Minimum
Minimum
Minimum
Side
Minimum
Rear
aximum
Height
Building
C
overage
Lot
Area
Lot
Width
Front
Yard
Yard
Yard
Setback (a)
Churches,
schools,
government and
quasi-
government
buildings, golf
'
'
'
15' (e d)
courses, small
35
25%
1 acre
200
30
(c h)
20'
day care center,
and nursing,
elderly and
congregate care
homes
Accessor
Major
15'
1,000 sf
N/Aa
N/A
30'(c)
15'
15'
y
Minor
10'
400 sf
N/A
N/A
30'(c)
15'
15'
Buildin
s
g
T,
gafagz
15~-
1,908
) 901
39 b;-
1
Private st
12
500
d
shed-
1
49A~
,
-
90=
-
All Other Uses
'
12
500 sf
35
25%
,
100'
30' (c d)
5' (e e)
15'
Notes:
(b a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet
for all structures.
(e h) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to
ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of
section 26-123)
oor fF.om p.,fape o r tte, l: lines and 7d at cat least curr rh;lr.. /20l Foo* f s: lo« 1; « r of 6
Peet
f
(e d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
4 NOTE: Per Section 26-120.B, an accessory building may be constructed on any lot in any district where single family
dwellings are permitted, regardless of the size and width of the lot. The current code implies here that a property owner needs
a certain size lot to build any accessory building, which is in conflict with this and current policy. With this, we have
suggested noting that minimum lot size and width for accessory buildings is not applicable in any residential zone district.
Minimum lot size and lot width requirements for principal buildings has been retained, as this is used as a basis for any new
lots that are created.
5 NOTE: This is a new note added throughout each zone district to call attention to this little used provision, in which front
setback reductions are allowed where the majority of the front setbacks on the block are less than 30'.
6 NOTE: This provision has been placed in the new Section 26-625, Accessory Buildings rather than being repeated for each
zone district (throughout each residential district below as well).
ZOA-09-02/ Residential Development Standards 14
7
(e) Metal aeeessafy buildings avef: efie htifidfed twenty (120) squafe feet in size ate not peffnitted.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03)
Sec. 26-206. Residential-One A District (R-1A).
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-
density residential neighborhoods, and to prohibit activities of any nature which are incompatible with
the low-density residential character.
B. Development standards:
TABLE INSET:
Maximum
Height
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width
Minimum
Front
Yard
Setback (a)
Minimum
Side
Yard
Setback
Minimum
Rear
Yard
Setback
Principal
One-family
'
25' -34' (c
Buildings
dwelling
35
30%
9,000 sf
75
b)
l0'
15'
'
'
25' -14' (c
Group home
35
30%
9,000 sf
75
10'
15'
Churches,
schools,
government
and quasi-
government
buildings, golf
'
5 (c
15' (e d)
courses, small
35
30%
1 acre
200'
~
20'
day care
center, and
nursing,
elderly and
congregate
care homes
Accessory
5' if
Buildings
5' if 10'
10' in
(d)
Major
15'
1
000 sf
N/A
N/A
25' (c)
in height;
height;
'
10' if > 10'
10' if >
in height s
10' in
height
Minor
10'
400 sf
N/A
N/A
25'(c)
5'
5'
Detaelied
afa
e of
45=
099-
1
f -
990
i-
9
~5-
5' iT<8'
height;
5-;f<8'
in height;
g
g
eafpeft
;
s
-s
,
10' e'
b
10 ~ of 9,
P ivat
4-01---
^^nnnn
`
"sf
nnn
990
f
~C
7
5
40
~
7VV
s
-
-
7 NOTE: This provision has been placed in the new Section 26-625, Accessory Buildings, rather than being repeated for each
zone district (throughout each residential district below as well).
8 NOTE: In order to stay consistent in the treatment of major accessory buildings with the principal structure, staff has
suggested an increased rear yard setback up to 10 feet for major accessory buildings where the principal structure has more
than a 10 foot rear setback minimum.
ZOA-09-02/ Residential Development Standards 15
Notes:
(a) Front setback reductions may be allowed in accordance with Section 26-611.
(b a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five
(25) thif4y (30) feet for all structures.
(c b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to
ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of
section 26-123)
(e) Any building of stfuetur-e whieh houses animals, exeept a residenee, shall be set baek fifteen
feet ffam pr-opef4y lines and at least thifiy (30) feet 4am a fesidenee on an adja6ent paf
(e d) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(e) Metal aeeessefy buildings evef one hundfed twenty (120) square feet in size afe fiet peffnitted.
Sec. 26-207. Residential-One B District.
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable small
lot, low-density residential neighborhoods, and to prohibit activities of any nature which are
incompatible with the low-density residential character.
B. Development standards:
TABLE INSET:
Maximum
Maximum
Building
Minimum
Minimum
Lot
Minimum
Front
Minimum
Side
Minimum
R.
Height
Coverage
Lot
Area
Width (a)
Yard
Setback (b)
Yard
Setback (c
Yard
Setback
Principal
One-family
35'
°
40 /0
500 sf
7
60'
25' 3,A' (d 4)
S' (e e)
10'
Buildings
dwelling
,
'
'
--W- (d h)
25'
'
'
Group home
35
40%
7,500 sf
60
S
(e e)
10
Churches,
schools,
,government and
'
'
25' (d h)
15' (g e)
'
quasi-
35
40%
1 acre
200
20
government
buildings, golf
courses, small
ZOA-09-02/ Residential Development Standards 16
maximum
Minimum
Minimum
Minimum
Minimum
Side
Minimum
Maximum
Height
Building
Coverage
Lot
Area
Lot
Width (a)
Front
Yard
Setback (b)
Yard
Setback (c
Yard
Setback
day care center,
(c 8)
and nursing,
elderly and
congregate care
homes
Accessory
5' if 10'
Buildings
(f)
Major
15'
600 sf
N/A
N/A
25' (d)
5'
in height;
10' if > 10'
in height
Minor
10'
300 sf
N/A
N/A
25' (d)
5'
5'
Detaelied b..
4-51-
600-sf
7
-500
i-
60
10, (h)
5' if E= 9,
in height;
5' it<l'
in height;
Of: eaFpeft
,i
s
h
10' if> 9,
10' if > 9,
Dr ate .
-
40-
X00 Sf
500 sf
7
6~
-39'
c~
h
i
ht
10'
E-9, in
h
i
ht
f9
Shed-
,
e
g
;
+f 9, in
g
e
in
All Other Uses
35'
40%
9,000 sf
60'
25' -30-' (d 6)
5' (e e)
10'
Notes:
feet for both street frontages.
(c a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25)
thirty (30) feet for all structures.
(d b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to
ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of
section 26-123)
(e e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet
on one (1) side.
(f) See Section 26-625 for additional regulations pertaining to accessory buildings.
feet ffom pfopef4y lines and at least thifty (30) t;eet ffeffl a fesidenee en an adjaeetit paf
(g e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03)
ZOA-09-02/ Residential Development Standards 17
Sec. 26-208. Residential-One C District (R-1Q.
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable,
medium-density single-family residential neighborhoods, and to prohibit activities of any nature which
are incompatible with the medium-density residential character.
B. Development standards:
TABLE INSET:
Maximum
Minimum
minimum
minimum
Minimum
Side
Minimum
Rear
Maximum
Hei
ht
Building
Lot
Lot
Front
Yard
Yard
g
Setback (b)
Setback
Setback
Principal
One-family
'
'
20' 39' (d
'
'
Buildings
dwelling
35
40%
5,000 sf
50
b)
5
S
'
'
220' 34' (d
'
'
Group home
35
40%
5,000 sf
50
5
5
Churches,
schools,
government and
quasi-
government
buildings, golf
35'
40%
1 acre
200'
20' ~ (d
15'
20'
courses, small
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
Major
15'
600 sf
N/A
N/A
20' (d)
5'
5'
Buildings
(e)
Minor
10'
300 sf
N/A
N/A
20' (d)
5'
5'
5-:T<9'
5' if 8' i
ara
e E)f
-1
5-
600-Sf-
5
000
54L--
10,-(h)-
;i ° t=
n
lit; 10' i€
g
g
effffFt
-
,
10' if T9
0
3. 9, in
5' (d) i
c' (d) if
h
i
h
^7Y't~
4~
30
5~8A sf
5~
3~
height; 10'
e
g
t;
~`n
~ n' ~
-
o-
f
^
if > 8'
z
r
r
v
iTr
height-
All Other Uses
'
'
20' 3 ' (d
'
'
35
40%n
9,000 sf
60
b)
5
(e s)
10
Notes:
(a d) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(b) Front setback reductions may be allowed in accordance with Section 26-611.
(e a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20)
thii (30) feet for all structures.
(d b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to
ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of
ZOA-09-02/ Residential Development Standards 18
section 26-123)
(e) See Section 26-625 for additional regulations pertaining to accessory buildings.
(e) Any building of stfuettife whieh houses aniffials, eNeept a fesidenee, shall be set baek fifteen (154
feet ffeffl pfepei4y lines atid at least thirty (30) feet ffefn a fesidenee efi an adjaeent paf
(e) Metal iteeessefy buildings ovef ofie hundfed oA,enty (120) square feet in size are flot Pef:ffiiaed.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 3, 10-27-03)
Sec. 26-209. Residential-Two District (R-2).
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to
moderate-density residential neighborhoods, and to prohibit activities of any nature which are
incompatible with the residential character.
B. Development standards:
TABLE INSET:
Maximum
Minimum
Minimum
Minimum
Minimum
Side
Minimum
R.
Height Maximum
Building
Lot
Lot
Front
Yard
Yard
Coverage
Setback
Setback
Setback
Principal
One-family
'
'
25' ~ (d
Buildings
dwelling
35
~
40I~
9,000 sf
75
b)
5' (e e)
10'
Two-family
'
12,500 sf
'
25' 30' (d
5' per
'
dwelling
35
40%
100
b)
story (e
9
10
e)
'
'
f
25
-14' (d
5'per
'
Group home
35
40%
9,000 sf
75
b
)
story (e)
10
Churches,
schools,
government and
quasi-
government
buildings, golf
35'
40/0
1 acre
200'
25' -34' (d
15'(g e)
20'
courses, small
b)
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
5' if 10'
Buildings
M
Major
15'
1,000 sf per
25 (d)
5
in height;
(f)
unit
N/A
N/A
10'if>10'
in height
Minor
10'
400 sf
N/A
N/A
25'(d)
5'
5'
9 NOTE: Staff has recommended a 5' per story side setback for two family dwellings and group homes, consistent with how
they are treated in the R-2A, R-3, and R-3A districts.
ZOA-09-02/ Residential Development Standards 19
maximum
Height
Maximum
Building
Coverage
1
000
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard
Setback (b)
Minimum
Side
Yard
Setback
5' i f 8'
i
h
i
h
Minimum
R.
Yard
Setback
3' i+ 8'ir~
h
i
h
gaf age Of
e-afpeft
4--'*_
,
utiit
(1 „F
7~(1/1(1 5~
7_54-
n
e
g
t;
10' if
h h,
e
g
t;
> 9, in
5' (d)tf
c' (d) if
Private sa
e
8, in
~
Q0 ' h
i
ht
g
shed
4~
400 9f -
9,000 s€-
74!
-
b
e
g
;
, i
a>
1n~
iT
ii > 9, in
h&T41 t-
-rv-
-,7
-
height
All Other Uses
35'
40%
9,000 sf
75'
25' -39' (d
b)
S (e s)
10'
( ) y y public street shall have a minimum setback of twenty five (25)
thit:ty 0) feet for all structures.
(d b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to
ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of
section 26-123)
(e e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5)
feet on one (1) side.
(d) Any building or- stfuettife whieh heases animals, exeept a fesidenee, shall be set baek fifteen (1-54
€eel,
(g e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(g) Metal aeeessor-y buildings evef ene hundfed twenty (120) squar-e feet in size afe not peffnitted.
Sec. 26-210. Residential-Two A District (R-2A).
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable
medium-density residential neighborhoods, and to prohibit activities of any nature which are
incompatible with the medium-density residential character.
B. Development standards:
TABLE INSET:
Notes:
(a f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(b) Front setback reductions may be allowed in accordance with Section 26-611.
e a An side or rear and which abuts a
ZOA-09-02/ Residential Development Standards 20
Maximum
Maximum
Building
Minimum
Minimum
Lot
Minimum
Front
Minimum
Side
Minimum
R.
Height
Coverage
Lot
Area
Width (a)
Yard
Setback (b)
Yard
Setback
Yard
Setback
Two-family
35'
40%
9
000 sf
75'
25' -_VW (d
(C 10
5 'per
(c a)
10'
dwelling
,
h)
story
10' for one
Multifamily
or two story
(3/more
35'
40%
13,050 sf
100'
25' 44' (d
5' per
buildings;
dwelling units)
(e e)
h)
story
15' for three
story
buildings
'
'
25' 34' (d
'
Group home
35
40%
9,000 sf
75
5
per story
10'
Churches,
schools,
government
and quasi-
government
buildings, golf
35'
40%
1 acre
200'
25' (d
15'(f e)
20'
courses, small
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
Buildings
(
)
Major
15'
600 sf
(per unit)
N/A
N/A
25'(d)
5'
5' if 10'
in height;
'
'
g
10
if > 10
in height
Minor
10'
400 AM
d.u.
N/A
N/A
25'(d)
5'
S'
5' if 8'
5' if
9, i
Detaelied
ef
in hei
ht
R
ht
1
9' i€
hei
garage or
earport
45'
p
- unit)
9-999 Sf
7_~
40' (b)
g
;
r0' if 33. 8,
+n-he-igh~
g
;
-
> 8 in
13eib~t-
5' (d) if
4
f4
8, i
8' i
hei
ht
shed
44-
El.U
9,000 sf
7-5
40-
heigh
10'
ti
n
g
;
'n'
i
8, i
.
if - u,
heig t
>
om
n
height
All Other Uses
'
'
25' ~ (d
'
'
35
40%
9,000 sf
75
(g)
h)
5
10
Notes:
(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(b) Front setback reductions may be allowed in accordance with Section 26-611.
(c a) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25)
thifty (30) feet for all structures.
(d b) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-
ZOA-09-02/ Residential Development Standards 21
de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(e e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required
for each dwelling unit for multifamily buildings.
(d) Any building ef sifuettife whieh houses aniffials, exeept a residenee, shall be set baek fifteen (15~
flee.
(f e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(f) Reser-ved,
(g) Metal iteeessefy buildifigs ovef efie hundr-ed twenty (120) squafe feet in size afe fiet peffnitted.
The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all
of the following requirements:
1. The structure was legally in existence on September 8, 1997,
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 6, 10-27-03)
Sec. 26-211. Residential-Three District (R-3).
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable
medium to high-density residential neighborhoods, and to prohibit activities of any nature which are
incompatible with the medium to high-density residential character.
B. Development standards:
TABLE INSET:
Minimum
Minimum
Minimum
Minimum
Maximum
Height
Coverage
Area
Setback (b)
Setback
Setback
Principal
One-family
'
60' (g 1)
25' -301 (e
5' pet
'
Buildings
dwelling
35
40%
7,500 sf
e
)
shy
]0
Two-family
35'
40%
9,000 sf
75' (g f)
25' -34' (e
5' per
10'
dwelling
e)
story
Multifamily
(3/more dwelling
35'
40%
12,500 sf
100'
25' 34' (e
15' (c a)
15' (c a)
units)
(e d)
e)
Group home
35'
40%
9,000 sf
75'
S -34' (e
5' per
10'
C-)
story
ZOA-09-02/ Residential Development Standards 22
Maximum
Hei
ht
Maximum
Building
Minimum
Lot
Minimum
Lot
Width (
)
Minimum
Front
Y
rd
Minimum
Side
Yard
Minimum
Rear
Yard
g
Coverage
Area
a
a
Setback (b)
Setback
Setback
Churches,
schools,
government and
quasi-
government
buildings, golf
35'
40%
1 acre
200'
25' -34' (e
15' (b a)
20'
courses, small
e)
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
5' if 10'
Buildings
(g)
M
Major
15
600 sf (per
unit)
N/A
N/A
25 (e)
5
in height;
10' if > 10'
in height
Minor
10'
400 sf/4
N/A
N/A
25'(e)
5'
S'
d.u.
5- if < l,
5'if
= 9'i
T1~',,`,~~
Detaelied g'aF3,4E'
T5'
~
-
9,000-4
-i-7-
iH height;
<
n
height; 10' i
or eaFport
unit
10' if> 9,
'Tr iewl-Ih-r-
0
> 9, in
heig-h-
' (e) i
5
) i
,
5' i
Private sterage
7
'
-
/
400s94
r1 n!~!1
9
000
4
^7 c'
7-5L
/~1
344
9, in
e
8' in height;
shed
7
C~
,
,
-
if > 9, in
10' if > 9, in
height
All Other Uses
'
'
25 -_'W (e
5' per
'
35
40%n
7,500 sf
60
e)
story
10
Notes
feet for both street frontages.
(c a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional
five (5) feet for each additional story over two (2) stories.
(d b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five
(25)
tl~i~~9) feet for all structures.
(e) Any building ef stfuetafe whieh heuses anifnals, exeept a fesidenee, shall be set baek fifteen (154
Leet,
ZOA-09-02/ Residential Development Standards 23
(e s) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-
de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(f d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required
for each dwelling unit for multifamily buildings.
(g) See Section 26-625 for additional regulations pertaining to accessory buildings.
(g) Metal aeeessefy buildings evef efte hundfed twenty (120) squafe feet 4. - x-[ Peffiiitted.
The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all
of the following requirements:
1. The structure was legally in existence on September 8, 1997,
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03)
ZOA-09-02/ Residential Development Standards 24
Sec. 26-212. Residential-Three A District (R-3A).
A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable
medium-density residential neighborhoods, and to prohibit activities of any nature which are
incompatible with the medium-density residential character.
B. Development standards:
TABLE INSET:
Maximum
Minimum
Minimum
Minimum
1
.
Maximum
Building
Lot
1
Front
1
Yard
Height
Coverage
(a)
Width
B
1
Setback
Setback
1
ack
Principal
One-family
~r
40%
7
500 sf
60' (g t)
25' ~ (e
1
5' 1~
1
10'
Buildings
dwelling
-
,
e)
y
Two-family
35'
40%
9,000 sf
75' (g f)
25' 34' (e
5' per
10'
dwelling
e)
story
Multifamily
(3/more dwelling
35'
40%
12,500 sf
l00'
25' -34' (e
15' (c a)
15' (c a)
units)
(f d)
e)
Group home
35'
40%
9,000 sf
75'
25' -34' (e
er
10'
story
Churches,
schools,
government and
quasi-
government
buildings, golf
35'
40%
1 acre
200'
25' ~ (e
15' (c a)
20'
courses, small
e)
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
5' if 10'
Buildings
(
)
Maj
or
15'
600 sf (per
N/A
N/A
25'(e)
(e)
5
51
8' in height;
'
'
g
unit)
10
if > 10
8' in height
Minor
10'
400 sf/4
d.u.
N/A
N/A
25'(e)
5'
S'
5' if 8'
S' if E=8' i
Detaelied
b.,...,b_
~
f
o n
(
in height;
n
1n' i
height; t
Of eaFfwft
tiF14
~
e
108_1'
w_4etgh~
> 9' in
4et4:4-
5' (e) i
c' (
) i
1n4-
4
400-,94
a
~ !~/~0
-Sf
-7
7_5L
40
1
n
~
h
i
h
e
4' ti,
.~`'T9,hr~
m-
-
7ttCV-
shed
tl tt
7
-
e
g
t;
if ~
i IY-J'--8, in
#eg1rt-
in
7
'
if
-rp--~n
height in
All Other Uses
'
'
25' 44'
(e
5'
er
35
40%
7,500 sf
60
e)
stop
Y
10
ZOA-09-02/ Residential Development Standards 25
Notes:
(a f) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(b) Front setback reductions may be allowed in accordance with Section 26-611.
(c a) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional
five (5) feet for each additional story over two (2) stories.
(d b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five
(25) thii 0) feet for all structures.
(e e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-
de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123.3.)
(f d) A minimum of three thousand six hundred thirty (3,960) square feet of land area shall be required
for each dwelling unit for multifamily buildings.
(e) Any building of stfuettife whieh houses animals, exeept a r-esidenee, shall be set baek fifteen (15~)
&-e-t,
(g) Metal aeeessefy buildings ovef: ene handfed twenty (120) squafe feet i.. - -t permitted.
The requirements of section 26-120C.2. shall not apply to require compliance with minimum lot area
and/or minimum land area per unit requirements otherwise applicable to the reconstruction of
multifamily dwelling units in the R-2A district, where such structures and their reconstruction meet all
of the following requirements:
1. The structure was legally in existence on September 8, 1997,
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area and/or
minimum land area per unit requirements for such proposed reconstruction, and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 7, 10-27-03)
ZOA-09-02/ Residential Development Standards 26
Sec. 26-213. Agricultural-One District (A-1). to
A. Intent and purpose: This district is established to provide a high quality, safe, quiet and stable
residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot,
single-family residential and related uses, agricultural uses and activities will exist and be encouraged to
continue.
B. Development standards:
TABLE INSET:
Height Maximum
maximum
Coverage
Minimum
Lot
h)
Minimum
Width
Minimum
Front
Setback
Minimum
Side Setback
Minimum
R.
Setback
Yrinci al
P•
One-family
'
'
'
b
Buildings
dwelling
35
25%
1 acre
140
30
(c)
15'
15'
Group home
35'
25%
1 acre
140'
30' (c)
15'
15'
Churches,
schools,
government and
quasi-
government
buildings, golf
35'
25%
1 acre
200'
30'(c)
15'
20'
courses, small
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
Major
35'
25%
N/A
N/A
30' (c)
15'
5'
Buildings
(e)
Minor
35'
25%
N/A
N/A
30'
15'
5'
Detaehedage
3-51-
25%
140'
30' (e)
4-5-
5_~_
shede, berms,
shelters, ete.
45'
25%
1 aef:e
-140'
40-1-
4-5-
5-
All Other Uses
35'
25%
1 acre
140'
30'
15'
15'
Notes:
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures, except where greater setbacks are specifically required.
(c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which
abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb.
(See Figure 26-123.3.)
(d) Lots smaller than one (1) acre may be used only for residential purposes.
10 NOTE: To be consistent with how accessory buildings are proposed to be defined, staff has modified the terminology
below accordingly. The standards do not change in the A-1 and A-2 districts however.
ZOA-09-02/ Residential Development Standards 27
(e) See Section 26-625 for additional regulations pertaining to accessory buildings.
(Ord. No. 2001-1215, § 1, 2-26-01)
Sec. 26-214. Agricultural-Two Zone District (A-2).
A. Intent and purpose: This district is established to provide a reasonably compatible transition
between residential and more intensive agricultural land uses. It provides for large-lot, residential estate
living while allowing more commercially oriented, yet still agricultural operations. Design standards
have been included where possible to provide a reasonable interface between the two (2) extremes.
B. Development standards:
TABLE INSET:
Maximum
Minimum
Minimum
Minimum
Height Maximum
Coverage
Area (e)
Width
Setba
k
Setback
Setback
Principal
One-family
'
_
'
c
Buildings
dwelling
35
25/~
1
1 acre
140
30' (c)
15'
IS'
Group home
35'
25%
1 acre
140'
30' (c)
15'
15'
Churches,
schools,
government and
quasi-
government
buildings, golf
courses, small
35'
25%
1 acre
200'
30'(c)
15'
2O'
-
day care center,
and nursing,
elderly and
congregate care
homes
Accessory
Major
35'
25%
N/A
N/A
30' (c)
15'
5'
Buildings
(f)
Minor
35'
25%
N/A
N/A
30' (d)
15'
5'
Detaehed
garage or
eafpOF4-
-
2-
1 aefe-
140-
0' (e)-
4-5--
Pr-ivate sterage
shed,
shelters, ems.
345=
-25%-
-1-acre-
140
39' (d)
+51-1 -
5L
All Other Uses
35'
25%
1 acre
140'
30'
15'
15'
Notes:
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all
structures, except where greater setbacks are specifically required.
(c) Front setbacks for one-family or two-family dwelling structures on lots or portions of lots which
abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb.
ZOA-09-02/ Residential Development Standards 28
(See Figure 26-123.3.)
(d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one
hundred (100) feet from the front property line. All other accessory buildings not listed shall have a
minimum front setback of seventy-five (75) feet.
(e) Lots smaller than one (1) acre may be used only for residential purposes.
(f) See Section 26-625 for additional regulations pertaining to accessory buildings.
(Ord. No. 2001-1215, § 1, 2-26-01)
Section 3: Section 26-123 of the Code is amended to read:
Sec. 26-123. Definitions.
For the purpose of this zoning code, and as used or referred to in other sections, chapters or articles of the
Wheat Ridge Code of Laws, unless specifically defined otherwise, the following words and terms are
defined as follows. Words used in the present tense include the future; words in the singular number include
the plural, and words in the plural number include the singular; the word "building" includes the word
"structure" and the word "shall" is mandatory and not directory. Any word or term used in this chapter not
specifically defined above shall be interpreted as that word is defined elsewhere in the Wheat Ridge Code of
Laws, or if not defined elsewhere in the Code of Laws, as defined in Colorado Revised Statutes, or if not
defined in the statutes, as defined in Webster's Dictionary.
Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated
on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In
instances where rear setbacks are based on the number of stories, the setback shall be measured
from a line parallel with the applicable lot line to the closest point of the additional story. (See
Figure 26-123.1). 11
Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated
on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. In
instances where rear setbacks are based on the number of stories, the setback shall be measured
from a line parallel with the applicable lot line to the closest point of the additional story. (See
Figure 26-123.1).
11 NOTE: In several residential zone districts, there is a side and/or rear setback based on the number of stories of the
building. The language simply reads, e.g., "5 foot per story". It has been difficult to interpret whether this means the entire
structure or just the additional story. For example, if there was an existing one story structure setback 5' could a property
owner build a second story on top of this and in line with the existing setback? Or does only the second story have to be
setback based on the "per story" requirement? Or can they not build up at all? Staff suggests the following to allow
additional stories onto existing one story structures that may be less than 5' from property lines with requiring "stepping
back" of the upper floors.
ZOA-09-02/ Residential Development Standards 29
10'
10'
Per story setback measured
from the closest point of the
additional story
Side/Rear Setback
Illustration
10' per story (in
this example)
5' <
10' - `I
--15' -
Figure 26-123.1: Where side and rear setbacks are based on
the number of stories of the building, the setback is
measured from the closest point of the additional story, not
the first story. In this example, the closest point of the third
floor must be setback 15 feet (5 foot per story).
Section 4: Section 26-306 of the Code is amended to read:
Sec. 26-611. Building setbacks.
A. Generally, building setback shall be measured at right angles from the closest property line to the
outermost wall of a building. In residential zone districts only, encroachments into required setback areas
shall not be permitted except as follows, provided however, that no encroachment into a side or rear yard
is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property:
1. Porches, patios, decks and balconies
Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front
setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest
property line.
2. Architectural features
Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay
windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches.
3. Chimneys
Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the
width of such yard is not reduced to less than three (3) feet.
4. Fire escapes, open stairways
A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such
yard is not reduced to less than three (3) feet.
sere there are existing setback encroachments that lawfully existed in accordance with Section
120 (Nonconforming lots, uses and structures), additions and new buildings may be allowed
)ack encroachments in accordance with Section 26-120 and Section 26-625, (Accessory
12
12 NOTE: This language has been added as a cross reference for further allowed encroachments into setbacks set forth in the
new Section 26-625, Accessory Buildings.
ZOA-09-02/ Residential Development Standards 30
B. Allowed Front Yard Setback Encroachments for Principal Buildings
If fifty (50) percent or more of the main buildings within a built-up area in any district have more or less
than the required front yard, each new main building may ShaUH have a front yard consistent with the
average building setbacks in the immediate area, except that for the purpose of computing such average,
a front yard in exeess of fifty (50) feet shall be deeffied to be fifty (50) feet, and a setback less that fifteen
(15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area
shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two
hundred (200) feet on each side lot line within the same block 14 of any particular lot have been
improved with buildings (See Figure 26-611.1). However, in no instance shall a structure encroach into
a required sight distance triangle.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 9, 10-27-03)
,~VM _ _
VQ9V
Section 3: Section 26-625 of the Code is amended to read:
13 NOTE: This is a little used provision, therefore staff has suggested changing the language from mandatory to optional to
provide more flexibility for property owners.
14 NOTE: Staff has added this provision, as it is confusing under current regulations as to whether or not the 200' extends to
other blocks or on the same block. Its staff's opinion that only the subject block should be looked at, as crossing a street may
result in a completely different zone district and characteristics.
ZOA-09-02/ Residential Development Standards 31
Section 26-625 Accessory Buildings 15
A. Purpose
The purpose of this section is to allow accessory buildings that are incidental and subordinate to the
principal use and structure on a property and to set forth standards that help to minimize adverse
impacts of these buildings on adjacent property. The purpose of this section is also to allow
flexibility to construct accessory buildings on challenging properties relative to size and existing
physical improvements while minimizing adverse impacts on surrounding properties.
B. Applicability
All accessory buildings on residentially zoned property shall be subject to the provisions set forth in
this section, and those in Sections 26-205 to 26-214 (residential and agricultural zone district
regulations). 16 In the event of a conflict between the accessory building standards in this section and
any other requirements of this Code, this section shall control.
C. Accessory Building Standards
1. General Standards
a. Location
i. No accessory building shall be located on a vacant lot devoid of any primary or main
building.
ii. No accessory building shall be located within any platted or recorded easement or over
any utility, except as otherwise expressly agreed to in writing by the City or utility
provider, as applicable.
b. Size and Height
The size and height of accessory buildings shall be as set forth in the residential zone district
regulations in Sections 26-205 to 26-214.
c. Miscellaneous Provisions
i. Metal Accessory Building Restriction
Metal accessory buildings over 120 square feet are not permitted in any residential zoning
district. 17 Frame-built residential accessory structures over 120 square feet in size may be
allowed to have metal siding as long as the material has a textured wood grain appearance
similar to horizontal clapboard. Vertically placed vinyl-clad siding is not allowed.
ii. Buildings Housing Animals
Any building that houses animals, except a residence, shall be setback a minimum of
fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure
on an adjacent property, except as otherwise specified in any zone district.t8 19
iii. Gates and Guard Houses
15 NOTE: This is an entirely new section to address accessory building standards in one location, rather than scattered across
the various zone districts. Further discussion is provided in the staff report.
16 NOTE: With their being no accessory buildings currently allowed on nonresidential property, these would only apply to
residential.
17 NOTE: This provision is taken from each of the residential zone districts, where it is repeated. Staff has suggested striking
that language and stating it once here. We have also added language that allows some types of metal siding.
18 NOTE: This provision comes from multiple locations in the current code - including as a footnote in every residential
zone district (Sec. 26-205-212) and Sections 26-605 and 606. Staff has suggested striking this language in the residential
zone districts, as it is repeated each time for each district.
19 NOTE: This last statement has been added as the A-2 district has more restrictive standards for these buildings.
ZOA-09-02/ Residential Development Standards 32
Gates and guard houses are only allowed as part of an approved planned development.
iv. Dwelling Unit Restriction
Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory
building.
2. Major and Minor Accessory Buildings 20
Major and minor accessory buildings shall be as defined in Sections 26-205 to Section 26-214
based on size and height.
3. Allowable Setback Encroachments for Accessory Buildings
Accessory buildings may encroach into required setbacks as set forth below:
a. Front Yards and Side and Rear Yards Abutting Public Streets
Where an existing principal building that lawfully existed at the time of the adoption or
amendment of this section encroaches into a required front yard setback or a required side or
rear yard setback abutting a public street, an accessory building may encroach into the
required setback as follows, provided that .
there shall be no encroachment into the
minimum sight distance triangle as set
forth in section 26-60313:
i. Detached Garages and Carports
Detached garages and carports may
build in line with the nonconforming
principal building, as long as the
detached garage is located behind the
front or street-facing fagade of the
principal building, except as follows:
a) Where the garage door or main
vehicular access is located parallel
to the street, the setback cannot be
between five (5) feet and eighteen
(18) feet. The purpose of this
regulation is to allow setback
encroachments where there will
be not be the possibility of
vehicles parked in the driveway in
conflict with public rights-of-way.
(See Figures 26-625.1)
b) Where the garage door or main
vehicular access is located
perpendicular to the street, the
detached garage or carport may be
built in line with the principal
building. The purpose of this
regulation is to allow setback
CV2
ALLOWED
NOT ALLOWED
1
20 NOTE: Staff has suggested differentiating accessory buildings by type, as opposed to the current standards where only
detached garages and storage sheds are addressed. The current code makes it difficult to fit any other type of building into a
"box" - e.g., gazebos, greenhouses, barns, etc. See pages 5-6 of this staff report for more explanation.
ZOA-09-02/ Residential Development Standards 33
encroachments where there will be not be the possibility of vehicles parked in the
driveway in conflict with public rights-of-way.
c) Where the garage door or main vehicular access is located parallel to and accessed off
of an arterial street, the detached garage may not encroach into the required setback.
d) The Community Development Director may require modified setbacks in these
instances where there may be potentially hazardous conditions.21
ii. All Other Accessory Buildings
Accessory buildings that do not have any vehicular access may build in line with the
nonconforming principal structure in front yards and side and rear yards abutting public
streets, as long as the accessory building is located behind the front or street-facing fagade
of the principal structure.
21 NOTE: Staff has inserted this provision to allow some discretion where there may be unusual circumstances where there
are allowable setback encroachments, but there may be other issues involved (e.g., the distance between the edge of pavement
and the property line would create a 12' driveway with a 5' setback, and vehicles may be hanging out on the right-of-way).
ZOA-09-02/ Residential Development Standards 34