HomeMy WebLinkAbout06/07/2001CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
May 1'7, 2001
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair McNAMEE at 7:30 p.m., May 17, 200 1, in the City
Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
2.
0
r"T 'pup - 14 1
MUM1114a
The following is the official set of Planning Commission minutes for the public hearing of May 17,
2001. A set of these minutes is retained both in the office of the City Clerk and in the Department of
Planning and Development of the City of Wheat Ridge.
4. APPROVE ORDER OF AGENDA
It was moved by Commissioner SNOW and seconded by Commissioner COOPER to
approve the agenda as presented. The motion passed 6-0 with Commissioner MILLER
absent.
5. APPROVE MINUTES
It was moved by Commissioner COLLI NS and seconded by Commissioner SNOW to
approve the minutes of May 3, 2001 as presented. The motion passed 6-0 with
Commissioner MILLER absent.
Planning Commission Page I
May 17, 2001
6 PUBLIC FORUM
There was no one to appear before the Commission
In response to a question from Commissioner SNOW, Commissioner WEISZ stated that she
has read all the minutes from the previous hearings on this case.
Commissioner THOMPSON asked if the homeowners association would be liable for any
flooding that would occur below the development due to lack of maintenance (such as mowing
grass in the swale areas). Mike Garcia replied that the homeowners association would be
responsible.
Commissioner COOPER asked if the revisions to the fencing would take care of the concern
about water flow through the swales. Ms. Reckert replied that they would. Bob Goebel stated
that, while solid fencing would not be allowed, there are fence designs that allow water to flow
through.
In response to a question from Commissioner COLLINS, Bob Goebel said the drainage plan
showed that properties would be protected during a I 00-year storm and water would not
overtop the 6" curb.
Planning Commission Page 2
May 17, 2001
In response to Commissioner COLLINS' concern about runoff during construction, Mr.
Schneider stated that an erosion plan, reviewed by city staff,, would be in place.
Chair McNAMEE asked to hear from members of the public.
1
EM
In response to a question from Commissioner THOMPSON, Mr. Miks stated that his water
problems are present year-around.
111 1 1
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In answer to a question from Commissioner SNOW, Mr. Svoboda stated that the state requires
a 2-inch minimum size for inlets to detention ponds.
Commissioner COOPER asked if Mr. Svoboda was concerned about mosquitoes as a result of
ponding water. Mr. Svoboda replied that there is already water in the ditch and he would rather
live with mosquitoes than water problems with his house.
Don Peterson returned to the podium. He stated that since the pond is designed to empty
within two days there shouldn't be a problem with standing water. He also requested that the
cash in lieu of park land dedication be kept in the district and used toward development of the
park on 38 and Kipling.
between her house and the development would cause increased water problems for her. She
wondered what recourse she would have if water damage from the development occurs to her
property. Bob Goebel replied that it would probably be a civil matter.
Tony Kerstiens
9880 West 35 Ib Avenue
John Anthony
3244 Jellison Street
Planning Commission Page 5
May 17, 2001
With the following condition:
1. That the plat document be amended to show the storm sewer line across lot 7.
The motion passed 6-0 with Commissioner MILLER absent.1
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that
the request for approval of a ten -lot final subdivision plat for Residential-One zoned
property located at 9737 West 3 "d Avenue be recommended for APPROVAL for the
following reasons:
1. All minimum requirements of the R-I zone district standards have been met.
2. All minimum requirements of the subdivision regulations have been met.
With the following conditions:
Planning Commission Page 7
May 17, 2001
This case was presented by Travis Crane. He reviewed the staff report and presented slides and
overheads of the application. All pertinent documentswere entered into the record and
accepted by Chair McNamee. He advised the Commission that there was jurisdiction to hear
the case. He reviewed the criteria involved in evaluation of a variance request. Staff
recommended approval of the applications with conditions as outlined in the staffreport.
In answer to a question from Commissioner SNOW, Mr. Crane stated that the size of the
requested sign would leave approximately 3.5 feet for freestanding sign space in the
development.
Planning Commission Page 8
May 17, 2001
With the following condition:
Chair McNAMEE asked for clarification as to whether a super-majority vote would be required
on this matter. Alan White stated that it would not, since it is an amendment to a final
development plan. -
Commissioner COLLINS indicated he would vote against the motion because the condition
which required removal of the sign if Bolld was no longer located on the premises was not
adhered to,
The motion passed 5-1 with Commissioner COLLINS voting no and Commissioner
MILLER absent.
Case No. ;QUA- 01 -01: An ordinance amending Article 11 of Chapter 26 of the Wheat Ridge
Code of Laws concerning the addition of a Conservation Zoning District.
Commissioner THOMPSON made a request that the city address a noxious weed ordinance at
some time in the future.
8. OLD BUSINESS
There was no old business to come before the Commission,
Planning Commission Page 9
May 1 7, 2001
2
Residential Estate District — Commissioner SNOW expressed disappointment that the
conservation district — ordinance was drafted before the residential estate district ordinance and
requested that the residential estate district ordinance be drafted in the near future.
10. COMMISSION REPORTS
There were no commission reports.
Economic Develo went Committee — Chair McNAMEE requested that Commission
members review the Economic Development Committee minutes.
12. ADJOURNMENT
It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to
adjourn the meeting at 10:55 p.m. The motion passed unanimously.
MARIAN McNAMEE, Chair
Ann Lazzeri, Recording Secretary
WM=
TO: Planning Commission
FROM: Alan White, planning and Development Director qi�
SUBJECT: Conservation Zone District
DATE: May 29, 2 001
At the hearing to consider this new zone district on May 17", the Commission requested a
comparison of the Public Facilities and Conservation zone districts.
C:\,MyFitcs\WPFiles\CODE\cotis,lk pfdisLwpd
CITY OF WHEAT RIDGE, COLORAD •
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2001
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule
municipality pursuant to Article XX of the Colorado Constitution and the home rule
charter for the City (the "Charter"); and
WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power
of local self-government and home rule and all the power possible for a municipality
to have under the Constitution of the State of Colorado; and
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by
the addition of the following Section 26-221.5, which shall read in its entirety as
follows:
Purpose: This district is established to provide a zoning
classification for natural areas held by individuals, corporations
CN8153027\373368M -1-
or governments, individually or in combination, for natural
resource and conservation purposes in an undeveloped state.
..
CNB\53027\373368M -2-
d. Riparian habitat
M=
t Perimeter fencing
a. Section 15-23 of the Wheat Ridge Code of Laws, entitled
"Weed Control" shall not be applicable to properties located
within a Conservation District.
Section 2. Section 26-201 of the Wheat Ridge Code • Laws is amend« •
' • Oi(ADO)":
Section 4. Severabilitv; Conflictina Ordinances Revealed. If any section,
subsection • clause • this ordinance shall be deemed to be unconstitutional •
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances • parts • ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen days
, ?,fter final publication, as provided by Section 5.11 of the Charter.
CNB\53027137336&02 -3-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to ' , this day • ,2001.
SIGNED • the Mayor on this day of 200
M
M
ofifi�
Wanda Sang, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
CN8\53027\373368M -4-
FROM: Alan White, Planning and Development Director V
SUBJECT: Residential Setbacks
At the Council hearings held on the adoption of Chapter 26, two recommendations for changes
were made by Wheat Ridge United Neighborhoods: 1) revise the required minimum side and rear
setbacks in the residential zone districts and 2) eliminate the exceptions to setbacks in Section
26-611. Council directed staff to work- with Planning Commission to review WRLJN's
recommendations and propose any Code changes. WRUN's recommendations are attached.
A third recommendation was to limit variances to 10% and make the granting of variances the
sole responsibility of the Board of Ad ustment. Council discussed this recommendation at the
i
hearing on second reading and voted not to accept this recommendation.
fie flell; I MI'lu I a ities zone
district. Council gave no direction to address this issue.
The Current Requirements
The setbacks required in the residential zone districts are shown in the following chart.
Minimum lot widths are also shown since they will be an item of discussion later in this
memorandum.
N
E=
Zone District
Side Setback
Rear Setback
Lot Width
R-I
Single Family
15'
15'
100
R-IA
Single Family
5*
15f
75'
R-IB
Single Family
15' total 2 sides
10
60'
R-IC
Single Family
57story
10
50'
R-2
Single Family
15' total 2 sides
10
75'
Duplex
15' total 2 sides
10
100
R-2A
Single Family
57story
10
60'(80' comer lot)
Duplex
57story
10
75'(80'corner lot)
Multi-Family
57story
10' (+ 57story > 2)
100
R-3
Single Family
5#
10
60'(80'corner lot)
Duplex
5
10
75'(80'corner lot)
Multi-Family
15'(+ 57story > 2)
10' (+ 57story >2)
100'
R-3A
Single Family
5'
51
60' (80' comer lot)
Duplex
5
5
75(80'comer lot)
Multi-Family
15'(+ 5'/story > 2)
10 (+5 > 2)
100
* The setback is increased to 0' when adjacent to a public street.
** Footnote to the chart is confusing and doesn't reflect the requirements listed in the
development standards chart.
Staff Analysis
The existing required side and rear yard setbacks are fairly standard and workable for the R-1
zone district. Lots are required to be 100'minimum in width. The 15'setback results in homes
being at least 30 feet apart. The side setback decreases to 5in R-IA, but then increases as the
required lot sizes and lot widths decrease. The following setbacks would be required of a two-
story singlefami�v house in each of the zone districts: 15'in R-1, 5'in R-IA, 7-Y2' in R- IB
N
The exceptions w found - a The items listed are those
exceptions to setbacks allowed by the Code. Most of the exceptions are minor and create more
of # for owner than an impact on t• concept of
process Urbanism is to move porches closer to the street, not farther away. Deleting this exception
would require the front edge of a porch to be located 30'from the property line. The new
urbanists would be appalled. The exceptions are characterized as variances, but there is no
administrative variance involved. #! # t to the setback
requirements. These exceptions # of other jurisdictions.
district, The side and rear setback requirements for multi-family buildings in the R-3 and R-3A districts
need to be clarified. The language of footnote (a) does not correspond with the setbacks shown
in the chart. In the R-3 footnote of • setbacks for
the first # stories additional •` r story for each # # story.
setback the minimum rear yard r the footnote states that the side setback
f but t
Staff Recommendations
CAMyFiies \WPFfles \CC DE4es setbacks -wpd
—3—
rundown of setback's goes as follows:
LE
This of course doesn't take care of the "exceptions" which
are Section 26-611 A 1-4,and this lis attached below:
2. Architectural features. Cornices, eave beftcourses, 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,
C 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. Afire 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.
I
You Oan see how easily many setbcackS c.an be re1.!uced
F;Jnistraliv.fly to just 3 -)nr - , ithout a
kz
Adjustment Also formerly there was a limit of,10'/,' for the Board of
but developers
removed and •1 variances can be qran'Led.
reinstated. WRUN would like to see the 10 limit
r
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.
•1.9 mo
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.
•
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Area
Width
Setback
Setback
Setback"'
One-family dwelling
35'
25%
12,500 sf
100*
30"
15'
15'
Group home
35'
25%
12,500 sf
100
30'
15'
15'
Detached garage or carport
20'
1,000 sf
12,500 sf
100
30'
15'
5'
Private storage shed
20'
400 sf
12,500 sf
100
30'
15 .(d)
5"�
Churches, schools, government
and quasi-government build-
ings, golf courses
35'
25%
1 acre
200'
3 0.(h)
15'(h )(e)
20'
All other uses
35'
25%
12,500 sf
100
30'
5` (d(
15
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.
•
(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,
GED153027\357901 .09 -65-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage (h)
Area
Width
Setback
Setback
Setback 1b)
One-family dwelling
35'
30%
9,000 sf
75'
30'(c)
5 ,(d)
15'
Group home
35'
30%
9,000 sf
75'
30'
5' (d)
15'
Detached garage or carport
20'
1,000 sf
9,000 sf
75'
30'
6
5'
Private storage shed
20'
400 sf
9,000 sf
75'
30'
5
5"
Churches, schools, government
and quasi-government build-
ings, golf courses
35'
30%
1 acre
200'
30'
15'
20'
All other uses
35'
30%
9,000 sf
75'
30'
5' (d)
15'
(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,
GED153027\357901 .09 -65-
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 •
any nature which are incompatible with the medium-density residential character.
M
Minimu
Maximum Minimum Minimum Front Minimum
Minimum
Maximum Building Lot Lot Yard Side Yard Rear Yard
on w�/
�e��bt �ov�ma�� /�e� VV�kh Setback �e(b�o�� Setback /u/
One-family dwelling 35' 409& 5.080 mf 50 30' 5'
10^
>
Group home 3E/ 40% 5.000�50 � � 3D` 5'
10^
*>
Qe�ohedQora�en/o�rpm� 20' SOQsf �.0OOaf 50' �O^ 5*
10'
Private storage shed 20«« 40O s[ 5.000ey 50^ 30Y 5�0)
5'm`
Churuhes, sohoo|s, government
Minimum
and quasi-government build-
Maximum
w> *n�
i K em ��y 4Q�. �awna �0O �O^~ 1�°
golf
20'
- - (m>
All — other 35' 40% 5�OOaf 50' 30'(c) 6"`
1[[
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
Rear Yard
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures,
Height
(c) Front setbacks for structures on lots or portions of lots which abut cut-de-sacs may be reduced to ten (10)
�na�
feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.)
�eH��nk
(d} Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from
Setback um
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
35'
(e) Minimum setback for the first story and five (5) feet for each additional story.
9 sf
U0 Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
30 *u
(g) Minimum twenty-five percent landscaping required onsite. (See section 26-582J
10'
(h) Minimum ten (10) feet mflandscaping ia required within the front and side yard setbacks adjacent to public
�
streets. (See section 28-5Q2.)
12.500 sY
(i) Corner lots shall have a minimum lot width cf eighty (OQ) feet for both street frontages.
(c '
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.
Dg
�u��m5mm -67-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
>
�na�
VV�Unm
�eH��nk
�oU�mck
Setback um
One-family dwelling
35'
40%
9 sf
75'0)
30 *u
w
10'
Two-family *nidweUin35' g
�
409&
12.500 sY
100
(c '
5 �� =
i(/
Group home
35'
40%
9.000 wf
75^
30-'
5 `~'
tO'
Detached garage mrcarport
20'
1.000af
8/08sf
75'
30'
5'
57
per unit
Private storage �d
��
20'
�0sf
Q.0N�
7�
��
�� �
5 ��
Churches, suhom|s, government
and quasi-government build-
�gs.0o#cou�es
35'
40%
1acre
200
x'�
3O~
15" " 1(t/
20'
w|
Dg
�u��m5mm -67-
GED153027\357901 .09 -68-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Area
Width
Setback
SetbacOl
Setback °°I
One-family dwelling
35'
40%
7,500 sf
60,(k)
30"
5'
10
Two-family dwelling
35'
40%
9,000 sf
75' (k)
30'(c)
51
10,
Multifamily (3/more dwelling
35'
40%
13,050 Slid)
100
30'
5'
10 ,11
units)
Group home
35'
40%
9,000 sf
75'
30*
5'
10*
Detached garage or carport
20'
600 sf
9,000 sf
75'
30' {c)
5'
5'
(per unit)
Private storage shed
20' (9)
400 sf/
9,000 sf
75'
30'
50)
5")
4 d.u.
Churches, schools, government
and quasi-government build-
ings, golf courses
35'
40%
1 acre
200'
30"
15'
20*
All other uses
35'
40%
9,000 sf
75' 4"`3
30'
5'
10
GED153027\357901 .09 -68-
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
A. Intent and Purpose: This district is established to provide high quality, safe, quiet
2nd 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.
#TOW =0
f I - 191�
GED\53027\357901 .09 -69-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Area
Width
Setback
Setback
Setbar:W'�"
One-family dwelling
35'
40%
7,500 sf
60'
30'(c)
51
10,
Two-family dwelling
35'
40%
9,000 sf
75'
30'
5'
10
Multifamily (3 or more dwelling
35'
40%
12,500 sf d)
100
30'
16
1 0' x ' )
units)
Group home
35'
40%
9 sf
75'
30'
5'
10
Detached garage or carport
20'
600 sf
9,000 sf
75'
30'
5'
5'
per unit
Private storage shed
20'
400 sf/
9 sf
75'
30'
5 ,(e)
5 ,te)
4 d.u.
Churches, schools, government
35'
40%
1 acre
200'
30'(h)
15,(a>(h)
20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
7,500 sf
60'
30'
5'
10*
f I - 191�
GED\53027\357901 .09 -69-
Sec. 26-212 Residential -Three A District (R-3A).
A. Intent and Purpose: This district is established • provide high quality, safe, quiet
and stable medium-density residential neighborhoods, and • prohibit actives of any nature
which are incompatible with the medium-density residential character.
IF
W01 M#
11plill;11,11111 !1 11111!1 l 1111 11 111111 ► IF •
A. Intent and Purpose: This district is established to provide a high quality, safe,
tuiet and stable residential estate living environment within a quasi-rural • agricultural setting.
GEDk530271357901.09 -70-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Area
Width
Setback
Setback
Setback (b)
One-family dwelling
35'
40%
7,500 sf
60'
30' (c)
5 1
10
Two-family dwelling
35'
40%
9,000 sf
75'
30'
5'
10
Multifamily (3+ dwelling units)
35'
40%
12,500 sO d '
100
30'
15,0)
1 U l j ,
Group home
35'
40%
9,000 sf
75'
30' (c)
5 1
10
Detached garage or carport
20'
600 sf
9,000 sf
75'
30'
5'
5'
per unit
Private storage shed
20' (f)
400 sf/
9,000 sf
75'
30'
5'(e)
5.(e)
4 d.u.
Churches, schools, government
35'
40%
1 acre
200'
30'(h)
15,(a)(h)
20'
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
35'
40%
9,000 sf
60' ( t )
30")
150)
10,
11plill;11,11111 !1 11111!1 l 1111 11 111111 ► IF •
A. Intent and Purpose: This district is established to provide a high quality, safe,
tuiet and stable residential estate living environment within a quasi-rural • agricultural setting.
GEDk530271357901.09 -70-