HomeMy WebLinkAbout06/21/2001CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
May 17, 2001
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair McNAMEE at 7:30 pm., May 17, 200 1, in the City
Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
The following is the official set of Planning Commission minutes for the public hearing of May 17,
200 1. 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 s
has read all the minutes from the previous hearings on this case. I
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 PI
showed that properties would be protected during a I 00-year storm and water wou not
overtop the 6" curb. I
Planning Commission Pa�ge2
May 17,2001
Dennis Beamis
12191 Ralson Road, #200, Arvada
Chair McNAMEE reminded Mr. Beamis that he was still under oath from a previous hearing.
He stated that the project is designed to meet a l00 -year storm.
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Commissioner THOMPSON asked if covenants would require silt and sediment to be removed
from the pond. Mr. Beamis replied that the pond would have to be cleaned periodically to
ensure that the structure works properly.
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Planning Commission Page 3
May 17, 2001
In response to a question from Commissioner THOMPSON, Mr. Mks stated that his water
problems are present year-around.
(Commissioner McNAMEE declared a brief recess at 8:45 pm. in order for Commissioners
and staff to review the plan submitted by Mr. Miks. The meeting was reconvened
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. Sv•boda 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.
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park on 38' and Kipling.
Deanna Gammon
3305 Independence
Ms. Gammon was sworn in by Chair McNAMEE. She expressed concern that the swale
Planning Commission Page 4
May 17, 2001
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.
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.
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 32 "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:
The motion passed 6-0 with Commissioner MILLER absent.
• Case No. WZ-00-13: An application submitted by First Industrial, LP, for approval of an
amendment to Pacifica Development Properties 11, LLC, PID Final Development Plan with
a setback variance to allow an additional freestanding sign with a 7-foot setback. The
property is zoned PID and located at 9500 West 49' Avenue.
Planning Commission Page 7
May 17, 2001
In answer to a question trom Commissioner IT- CHU lljk%
requested sign would leave approximately 3.5 feet for freestanding sign space in the
development.
Planning Commission Page 8
May 17, 20 01
With the following condition:
In response to a question from Commissioner COLLINS, Alan White stated that the sign would
be lighted.
which required removal of the sign if BoI16 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.
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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 17, 2001
9. NEW BUSINESS
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.
r.
1 71 1 :
Economic_ evelu rnent C+a a ttee — 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 pm. The motion passed unanimously.
MARIAN McNAMEE, Chair
Ann Lazzeri, Recording Secretary
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ACTION REQUESTED: Special Use permit to allow a congregate care/assisted living facility in an RC
zone
LOCATION OF REQUEST: 4415 Jay Street
NAME & ADDRESS OF APPLICANT(S): Karl Koch
3090 West 63" Avenue
Denver, CO 80221
NAME & ADDRESS OF OWNER(S): same
- — --- ----------- — ------- — — - — ---- — ----------------- — ------ — - — - — ------ — -------- — — -------------- — -------------- — ----
APPROXIMATE AREA: .45 acres
PRESENT LAND USE:
Restricted-Commercial
vacant
SURROUNDING ZONING: N, E: Residential-Three; S: Commercial-One; W: Restricted-Commercial,
Residential-three
SURROUNDING LAND USE: N, E: Multi-family; S: commercial W: vacant
L I
DATE PUBLISHED: June 1, 2001
DATE POSTED: June 7, 2001
DATED LEGAL NOTICES SENT: June 7,2001
ENTER INTO RECORD:
PC Staff Report Page I
June 14, 2001
90MMIZ02=
The Planning Commission shall recommend whether the special use is dependent upon design, management or
, XTW*MMRI of use to the owner or whether the SUP runs with
the land. If it is recommended to run with the land, then the following must be decided: 1) if it is in perpetuity,
2) is personal to the applicant and may or may not be inherited or, 3) it if should be granted for a defined period
of time.
uroullmome or F er y ersons: is is a resi
age or older who do not need skilled and intermediate care, plus no more than two (2) live-in staff persons
employed in the care and supervision of such elderly residents.
Residential group homes for 6 to 8 persons are allowed in both the residential and commercial zones, Nursing
I
auffms Z ed
Group homes, nursing homes and congregate care facilities with 9 or more persons are special uses in the NC,
RC and C- I zone districts. Prior to the adoption of revised Chapter 26, congregate care facilities and nursing
homes were allowed in all of the commercial zone districts, regardless of the number of clients.
Hall. No area residents were in attendance.
Wheat Ridge Water District can serve the property.
PC Staff Report Page 2
June 14, 2001
Public Works Department has reviewed and approved a drainage report. They would like the curb cut to be
reduced to provide more on-street vehicle parking. See attached Exhibit 'A.
Wheat Ridge Fire Protection District is requiring the building to be sprinklered. The property is already sery
by an existing fire hydrant on the east side of Jay Street. They have requested the curb cut configuration shol�
on the site plan for fire protection purposes. • the tim e of this writing, no documentation has been provided
justifying this request. 1 1
IV. SITE PLAN AND OPERATION
ImMsTu
The property in question is 19,600 square feet in size and is currently vacant. The applicant is proposing a 7800
square foot building which equates to 40% lot coverage. Fourteen living spaces, a living room, dining room,
kitchen and laundry facilities are provided on the first floor. Tbree • the living units consist of a bedroom and
bathroom. The others provide a bedroom, bathroom and an additional living area, The second story consisting
of 1 square feet contains an on-site manager's apartment and office.
A six-foot high fence with landscaping around individual patio spaces provides buffering to the multi-family
development to the north and the auto repair facility to the south,
variations) and limited signage. Materials to be used are siding and brick.
777"Trtrnt , , - - - - S, par provicea at a rate ot :� spaces per living unit with
an additional two spaces for the live-in manager.
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will have to be sprinklered. From a design standpoint the existing configuration creates traffic movement
problems in the parkinj lot. As an alternative, staff would suV,,,ort a 35'wide curb cut with the em ' j*
aftyk Akt
mountable curb. Painting on the curb and striping in the parking lot would be required to indicate no general
access across the mountable curb. However, the fire district would be able to drive across it in the event of an
emergency. See attached Exhibit
Before a special use is approved, the applicant shall show, and the city council shall find, the proposed special
use:
1. Will meet a proven public need in that it will rill a void in necessary services, products or facilities
especially appropriate at the location proposed, considering available alternatives.
PC Staff Report Page 3
June 14, 2001
9
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Will not have a detrimental effect upon the general health, welfare, safety and convenience of
persons residing or working in the neighborhood of the proposed use.
Will not create or contribute to blight in the neighborhood by virtue of physical or operational
characteristics of the proposed use.
The construction of the congregate care facility will have a lesser impact on the amount of light and air
than a typical commercial structure as only a portion • the building is two stories in height. A drainage
report has been approved for the design proposed. There will be less noise generated by the facility than
many allowed uses in the R-C zone district (bakeries, banks, medical offices, sit-down restaurants,
hardware stores).
S. Is consistent with the Comprehensive Plan.
pedestrian connections to surrounding neighborhoods
Desired uses include the following:
• Small convenience or specialty retail establishments (coffee shop, ice cream store, drugstore)
• Professional convenience services (e beauty shops, tailor, bookkeeper, dance and/or art stores
• Daycare
• Residential
Staff concludes that the proposed use meets the intent of the Comprehensive Plan.
6. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or
internal traffic conflicts to the detriment of persons whether on or off the site.
Traffic to and from the site will be minimal as the majority of the residents will not drive, Staff would
recommend that the design • modified by reducing the width • the curb cut to no more than 35', with
22' of mountable curb for fire access.
7. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening
and landscaping, so as to be in harmony and compatible with the character of the surrounding
areas and neighborhood, especially with adjacent properties.
All of the minimum requirements of the zoning standards for the R-C zone district have been met. The
height of the structure is 26'where 50'is allowed, Over 34%
• the property will be landscaped where
the minimum requirement is 20%. Lot coverages for the structure and paving are 40% and 25,7%,
respectively, Buffering will consist of a 6' solid fence along the side and rear perimeters of the property
8. Will not overburden the capacities of the existing streets, utilities, parks, schools and other public
facilities and services.
All responding utility providers have indicated no problems with Service, As the residents will be
elderly, there should be no impact on schools in the area. There are convenient transit stops on 44
Avenue one block to the east (towards Ingalls) both eastbound and westbound.
9. History of compliance by the applicant with Code requirements and prior condition, if any,
regarding the subject property.
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10. Ability of applicant or any permitted successor-in-interest to continuously meet the conditions of
the proposed permit.
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Il. Other factors relevant to the specific application.
There are no other relevant factors.
PC Staff Report Page 5
June 14, 2001
VI. STAFF CONCLUSIONS AND RECOMMENDATION
I . The permit run with the land.
2. The management
• the facility shall remain in accordance with the applicant's Exhibit '13.
deviation from Exhibit '13' shall require renewal of the special use permit.
3. The site plan be modified to reduce the curb cut from 57'to no more than 35with the remainin
22' in mountable curb with appropriate painting and striping. I
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I . The proposed SUP will fill a demand for housing alternatives for the elderly.
1 The request is consistent with the comprehensive plan.
1 The proposed special use is a better alternative for the neighborhood than commercial uses.
I . The permit run with the land.
2. The management of the facility shall remain in accordance with the applicant's Exhibit `S'. Any
deviation from Exhibit 'B' shall require renewal of the special use permit.
3. The site plan be modified to reduce the curb cut from 52' to no more than 35' with the remaining
22' in mountable curb with appropriate painting and striping."
Option B: 1 move to DENY Case No. SUP-0 1 -0 1, a request for approval of a special use permit by Karl Koch
to allow a congregate care facility on
s property at 4415 Jay Street, for the following reasons:
2.
3."
e,
PC Staff Report Page 6
June 14, 2001
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Planning arid Detelopment Depas'tment
7500 We*t 29th A%enue. Wheat Ridge, CO -
Phone '303 235-25
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Detailed description of the request:
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Required information: I
assessors Parcel Number: Size of Lot (acres or square footager
Current Zoning: Proposed Zoning: <-
Current use: Proposed use: 'k
I certify that the information and exhibits herewith submitted are true and coi to the best of my knowledge and that in
i f iling this applicat ion, I am acting with the knowledge an sent of those persons listed above, without whose consent the
N�, than owners must submit power-of-atto
requested action cannot lawfully be accomplished.---i:j- 1;� rney f rom t lie
owner which approved of this action on hi§ bety
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Signature of Applicant
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Date i C� - c� Fee r # Case No.
11 Comp Plan Desi Zoninc Quarter Section Map IVW44
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Related Case No. Pre-App Mtg Date Case Nlanagei
RECEPTION NO. F0%,o7281
12/0711999 11:13:01 PG: 001-001
PAGE FEE: 5.00 DOC.FEE: 7.00
RECORDED IN JEFFERSON COUNTY, COLORADO
whose legal address is 4415 Jay Street, Wheatridge, Colorado 80033
of the County of Jefferson and State of Colorado, grantees:
WITNESSETH, That the grantor for and in consideration of the sum of SEVENTY THOUSAND
AND 00/100, ($70,000.00) Dollars, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns
forever, all the real property, together with improvements, if any, situate,lying and
being in the County • Jefferson and State of Colorado, described as follows:
Ej
TATE OF COLORADO
ss. The foregoing instrument was acknowledged before
County of Jefferson me this 29TH day of NOVEMBER, 1999
by Gertrude Humann, by Steve B. Humann as Attorney in Fact
Witness my Vand 4icial seal.
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THEREOF, HALE SUBDIVISION, COUNTY OF
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F�ROM: Steve Nguyen, Traffic Engineer 54
ay, June 15, 2001
SUBJECT: Proposed Driveway Width at Wheat Ridge Assisted Living,
4415 Jay Street/ SUP-0 1 -0 1 /Koch
This memo serves as a supplemental memo to the Public Works memo dated May 21, 2001 referencing the
above matter. Based on the site plan review, the Public Works Department is concerned with the proposed
driveway width of 57 feet wide for the following reasons:
I The driveway width is exceeding the maxitntan that the code allows. This will not control traffic to
enter and exit in an efficient and safe manner.
2. With the combination wide curb opening and the proposed parking configuration, vehicles will be
allowed to back out onto the street.
cc: Bob Goebel, Director of Public Works
Alan White, Director of Planning and Development
Greg Knudson, City Engineer
Mike Garcia, Development Review Engineer
To:
City of Wheat Ridge
From:
Karl Koch
Re:
Assisted Living Center
Date:
June 14, 2001
1; 111! 111 Ili 11 1xi 111 11 Ili 1 1 I'l ii MMMMM�
Boarding Home is defined by law as "a residential facility that makes available to three
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residents need to go somewhere, i.e. to the doctors, the bank, the grocery store, etc.,
family members will need to make arrangements to pick them up and bring them back.
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facility, the assisted living center must meet all of the states criteria for licensure. (Please
see attached the listing of what is involved). After these requirements have been fulfilled,
FREIHERR li� I �
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to operate will be given.
Other items that the facility is requires to have are 1) house policies for both
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Department of Public Health and Environment. 15 hours consist of training in resident's
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SUMNIARY OF PCBH/ACF REQUIREMENTS
CHAPTER VII - POLICIES
7.1,7.2 (A)
Chtexia for Admission and Discharge
7A
Physician Angcssmint Policy
8.1
Residents Rights Policy
8,1 (G) '
Grievance Procedure Policy
8.5
'Smoking Policy '
8.6
'House Rules
8.7
Household Pets
9.]
Services Provided
10.2
Churaem, Refunds, Deposit Policies
____ 10.2 (Q)
Policies/procedures for Handling Resident Funds
____ 18.5
Transfer, Dischargc, Eviction Policies
I.A. Medication Administration PuUciesUPnmoedurcs
___ 5.4,5.4.1
63
8.2
8.1 (C)
8.3
8.6
10.6.3
10.6.4
10.6.2
I3,3.1
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CHAPTER VII-±ERSONNEL FILES
5.2 TB test upon employment or volunteer service
\____ 5-3 Criminal background check on employees and vo|xn<eers
/
6.l Documentation o[on-1he mh training 6r evaluation of previox related
experience * ^
____ 6.7 _ Evidence of training in residents' rights, first mid, nnsunsmcnt skU|s, difficult
,situations and behaviors, Orc/ nuecpnmccdures
____ 12-3.1 Documentation of completion of medication course for all staff who administer
medications
_
19.6 (D) Documentation of orientation and training in emcr procedures �kith�n 3
days o[employment
____ 73/7.3.2
Board and Care p|an/cunent, updated mr least yearly
h
8.3
Documentation oy receipt and cxp/unu6VnofreSiJemtn^ri
____ 011 (G)
Documentation of receipt and explanation of grievance procedure
____ 8.6
Documentation o[ receipt and explanation n[bounn m[en
10.1
TVhVen provider agreement by resident r |��u/ �uund<on
10.6J
?Vri[Acn and signed authorization m 6nxd|o resident funds (if service provided)
lLl
Pertinent resident iofVrmudon (face yhacU
11.1 (F)
Medication ' records
11.1 (K)
Record of anecdotal notes: accident injuries, illness or violent'hehavlOr
123
Current physician orders for all medications adm\oiniercd to residents
CHAPTER VII - OTHER
D.} (D
Access notelephone
____ 8.7
Pcts:in compliance with state/local vaccination/Inoculation regs
____ 9]
PhyaicoUyao(e/onnitmry environment, room and bnerd, personal services,
protective oversight and social care
____ 9.3
Opportunities for social/recreational activities
____ 11.3
Storage for confidential records
____ 12.7J
Label residents' names on (}7C medications
13.7.4
Check for medications that have exceeded their expiration date
____ 12.9.1
Lo��as[onage for medications
1
Post "no smoking" sign where oxygen isinuse
____ 13.3.3
At least 2 day supply o[food
13.3.4
Food b-mm from Spoilage/O|th/con tam inu6on. (Facilities With 2U+ beds meet 1090
Co|v� Food Eoub. Rules and RcRs.)
I4.1
Separate storage for soiled linen arid clothing
14,3
Supply mf linens, towels. and blankets {o meet residents' needs
16.7
No extension cords and multiple use.socke(s(on|mcx U|.rated)
____ 16.8
Na personal appliances for cooking uu}coa Operator believes capable o[
appropriate use
____ 19,6 (l)
First Aid Equipment
____ 19.0 (lC)
Fire exhngui3h#rio kitchen. common area, and each floor
18.8.1
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Bo{ water accessible by residents measures 120 degrees Fahrenheit orless
C IIAPTER V;l - SECURE ENVIRONMENT (SECTION 20
C IAPTER X\IV - MEDI�,'ATION ADMINISTRATION
VY, Medication reminder boxes are labelled with contents of box
8.4
Operator completed ACF orientation
8.495-56
Documentation of annual TB testing
24A95,57
1 staff-to-resident ratio 6:00 am to 7:00 pm. 1:15 staff-to-resident ratio 7100
pin to 6 am or waiver granted by state Medicaid agency
8.495 1a6
Documentation of training in universal precautions
8.495 S7
A) Provision of written information on advance directives,
B)facility policies and
C)documentation whether resident has executed advanced directives or not
8A95,116
Posted schedule of social/recreational activities
SA91 13 1
Quarterly consult from dietary consultant if therapeutic diet orders
5.
No more than 14 hours between evening and morning meals
Nt,'I'E: In addition to record review, the survey also includes observations, resident and staff interviews,
to r of facility, review of medications and other functions necessary to complete the survey
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VICIMT*T' MAP
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City of Wheat Ridge
Planning and Development Department
Memorandum
Im
DATE: June 14, 2001
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.
The difference in the districts is in the intent. The Conservation district is intended for areas that
are
• remain relatively undeveloped and used for passive recreation, with only minimal
improvements such as trails and benches, Any areas proposed for active recreation with major
improvements • facilities, such as ball fields or recreation centers, are properly located in the
Public Facilities district. Such improvements are not pennitted in the Conservation district.
C;NyFfleskWPFiIes\CODE\cons & pfdist,w-,pd
Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by
the addition • 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
CNB\53027\37336&02 -1-
or governments, individually or in combination, for natural
resource and conservation purposes in an undeveloped state.
A. Permitted Uses: Public Provertv
CNB\53027\37336&02 -2-
d. Riparian habitat
M82M
f. Perimeter fencing
C. Prohibited Uses: All uses not classified as Permitted Uses by this
Section are prohibited within a Conservation District.
.2. 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 of Laws is amended
i• addition of the following, which shall be listed directly after "Architectural
Design Overlay District (ADO)":
Section 4. Severabtv; Conflicting Ordinancq§_ Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
CNB\530271373368.02 -3-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote • - to , this day • ,2001.
SIGNED by the Mayor on this day of , 2001
First Publication:
Second Publication:
Wheat Ridge Transcri
Effective Date: I
I
CNB1530271373368M -4-
TO: Planning Commission
FROM: Alan White, Planning and Development Director
SUBJECT: Residential Setbacks
Two recommendations are not discussed. Council decided that no changes should be made to the
way variances are handled. No direction was given to address the Public Facilities height
regulations.
WRUN's recommendation is to require an additional five feet for the side and rear setbacks for each
story above the first story for single family homes and duplexes in all residential zone districts.
Some form of this requirement is currently in place for some, not all, yards in the R- I C, R-2A, R-3
and R-3A zone districts.
All of the development standards in the newly adopted Chapter 26 are as they were in the previous
version of Chapter 26. No changes were made to any of the setback, lot size, lot width, building
coverage, or height requirements in any of the zone districts.
#1
1 11111 1
R �M
"
- a T
Zone District
Side Setback
Rear Setback
Lot Width
R-1
Single Family
15'
15
100
R-1A
Single Family
5
15l
75'
R-1 B
Single Family
15'total 2 sides
10
60'
R-1 C
Single Family
57story
10
50'
R-2
Single Family
IS' total 2 sides
10
75'
Duplex
1' total 2 sides
lot
100
R-2A
Single Family
57story
10
60' (80' comer lot)
Duplex
57story
10
75' (SO' comer lot)
Multi-Family
57story
10' (+ 57story > 2)
100
R-3
Single Family
5'
to
60'(80' comer lot)
Duplex
5
10
75(80'comer lot)
Multi-Family
15'(+ 57story > 2)
10'(+ 57story >2)
100'
R-3A
Single Family
5'
10
60'(80' comer lot)
Duplex
Y
10
75 (80' comer lot)
Multi-Family
15'(+ 57story > 2)
10'(+5/story>2)**
, 1 00'
** 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- I 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 5' in ► I A, but then increases as the required lot
sizes and lot widths decrease. The following setbacks would be required of a two-story single
faini�y house in each of the zone districts: 15 in R- 1, 5' in R- I A, 7- V2' in R- I B (assuming equal
R
setbacks for each side yard) and 10' in R- I C. This scheme of setback requirements runs counter to
what would seem logical: as lot sizes and widths decrease, so should setback requirements. Our
setbacks increase as the lot size and width decrease,
Staff Recommendations
The residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be
consistent among the same uses in different zone districts. The 5' per story additional setback
should be used sparingly. The setback exceptions should remain.
N
loe -1-10
kx-
COMMENTS RELATING TO COUNCIL BILL 02-2001
Amending Chapter 26 of the Code of Laws
The Ordinance you are considering encom5asses the complete
Zoning laws of the City. WRUN feels that some portions
which have not been addressed, should be at this time and
would like to make some recommendations.
rundown of setbacks goes as follows:
H
Ea
This of course doesn't take care of the "exceptions" Which
are Section 26-611 A 1-4,and this is attached below:
A� Generally, building setback shall be measured at right angles from the closest
property line to the outermost wall of a building. Encroachment into required setback areas
shall not be permitted except as follows.
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,
You can see how easily many Setb(ack:s cran Iva re
5',inistt-catively to just 3 ")n r .11;ithout a
`hr fcllowin- �`, tion-
L
N
Also formerly there was a limit e i$\sr the B$,,a of
Adjustment but developers this was
removed and unlimited variances can : be ::
WRUN would to see the 1$! limit reinstated.
0
rAWKI
LIM
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
,2re incompatible with the low-density residential character.
17471 "0
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.
RUM mo
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,
304)
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
X (c)
15'
5
Private storage shed
20'
400 sf
12,500 sf
100
30,
154)
5")
Churches, schools, government
and quasi - government build-
ings, golf courses
35'
25%
1 acre
200'
30'(h)
,(he)
15 )(
20'
All other uses
35'
25%
12,500 sf
100
30'
.(d�
5
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.
RUM mo
(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,
GED\53027\357901 .09 -65-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Height
Coverage
Areao
WidthO
Setback
Setback
Setback
One-family dwelling
35'
30%
9,000 sf
75'
30"
5"
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'
5'
5'
Private storage shed
20'
400 sf
9,000 sf
75'
30'
5 4)
5 4)
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'
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,
GED\53027\357901 .09 -65-
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,
Maximum Minimum Minimum ' Front Minimum Minimum
Maximum Building Lot Lot ��`� Rear
Height Comauego"° Area VWdthm Setback Setback Setback
'
dwelling 35' 4096 7.500 mf 67 30=/
10'
\ Group home 35' 40% 7.500 mJ 60' 30'(c) , 54»
10'
/ Detached garage orcarport 20' 600 s 7.500 aY GO' 3040 51
5'
Private storage shed 20u 400 s 7,508mf 60' 88' 5 '(e)
5 0)
Chumhem, schools, government
and quasi-government bui|d-
inQa. golf courses 35' 409& 1acn* 200' 30*) 15a/»»
20^
All other uses 35` 40% 9.000 sd 60' 38 5 ; (d)
10^
(o) 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 h {| setback of ihi (8U) feet for all structures,
(o) Front setbacks for structures mn lots or portions of lots which abut cul-de-aaos may be reduced *m ten (10)
feet for those portions of lots which abut a cul-de-sac bulb, (See Figure 2f-123.2.)
(d) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1)
wide. '
(m) Any building feet from
property lines and at least thirty (30) feet from a residence on an adjacent parcel.
(D Fifteen-foot setback for the first story and five (5) feet for each additional story.
(g) Poultry houses and pigeon coops are limited hua maximum height of twelve (%2)feet.
(b) Minimum twenty-five percent (25%) landscaping required on site. (See section 26'582.)
(i) Minimum ten (1O) feet mylandscaping is required within the front and side yard setbacks adjacent to public
streets, (See section 2d-582)
0) Corner lots shall have a minimum lot width cf eighty (OQ) feet for both street frontages.
��
GEo�av2,�o'mm ~66_
B. Development Standards:
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Rear Yard
Maximum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Setback""
Height
Coverage (g)
Area
Width
Setback
SetbacOlel
Setback (bl
One-family dwelling
35'
40%
5,000 sf
50'
30'
51
10
Group home
35'
40%
5,000V
50'
30'
5'
10
Detached garage or carport
20'
600 sf
5,000 sf
50'
30'
5'
10
Private storage shed
20 44)
400 sf
5,000 sf
50'
30'
5 0)
5 .(d)
Churches, schools, government
Private storage shed
20' (9)
400 sf
9,000 sf
75'
30'
5,(e>
and quasi-government build-
Churches, schools, government
ings, golf courses
35'
40%
1 acre
200'
30' ( h )
15' ( h )
20'
All other uses
35*
40%
5,000 sf
50'
30' ( c )
5 ' ( di
10
I gg " n. r;m- 1=1 1ga
MEMO 4 0
Sec. 26-209 Residential-Two District (R-2).
A. Intent and PuWse. - 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, I
Development Standards:
GED\530271357901.09 -67-
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'
40%
9,000 sf
75' 0)
30' (c)
5" {d}
10
Two-family dwelling
35'
40%
12,500 sf
100
30'(c)
6(d)
10,
Group home
35'
40%
9,000 sf
75'
30'
5")
10,
Detached garage or carport
20'
1,000 sf
9,000 sf
75'
30'
5-
5'
per unit
Private storage shed
20' (9)
400 sf
9,000 sf
75'
30'
5,(e>
5 =(e)
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'
30'(c)
V (d)
10
GED\530271357901.09 -67-
Minimum
Maximum Minimum Minimum Front Minimum
Minimum
Maximum Building Lot Lot Yard Side Yard
Rear Yard
Height Coverage p/ Area Width Setback SetbaoO`
Setback'*'
One-family dwelling 35' 40% 7.500sf 60'(k) 30m 5'
10'
Two-family dwelling 35' 40% 9.000af 7S^* 30'*` 5'
10
Multifamily (3/nonadwelling 35/ 40% 13,050 s0 108' 30' 5'
lD'm
units)
Group home 35' 4096 9.000 mf 75' 30' 5'
10'
Detached garage or carport 20' 600 s 9.000 mf 75' 30`/* 5 '
5 '
( unit)
Pr�ahasb�agwshed 20' �4OOs� 9,000 of 75' 30' 5 ,(e)
5 ^w
4 d.u.
Churohem, schools, government
and quasi-government bui|d-
ingm. golf courses 85` 409& 1enre 200 30+} 15'««n
20'
All other uses 35' 409& 9.000mf 75 30' 5'
10'
(a) Side yard setback shall be five (5) feet per story except any side yard which abuts a public street shall have
a minimum setback of thirty (3O) feet for all structures.
(b) Any rear yard which abuts mpublic street shall have a minimum setback of thirty (3O) feet for all structures.
(c) Front setbacks for one- or two-family- dwelling structures on lots or portions of lots which abut cul-cle-sac$
may he reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See
Figure 26-123,2.)
(d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each
dwelling unit for bifa i| buildings,
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet.
,' . Fifteen-foot setback for .the first story and five °, feet for each additional story.
(g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet.
(h) Minimum
N Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public
streets. (See section 2G-5O2.)
(� Rear yards kn stores shall be increased five (5) feet for each additional story
over two (2) stories.
(k) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages,
(1) Reserved.
�09
replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally
in existence (as distinguished from legal nonconforming structures).
Sec. 26-211 Residential -Three District (R-3).
153027\357901 .0 -69-
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'
40%
7,500 sf
60'
30'
5'
10
Two-family dwelling
35'
40%
9,000 sf
75'
30'
5'
10
Multifamily (3 or more dwelling
35'
40%
12,500 Se
100
30'
15 ,(al
10 ,0)
units)
Group home
35'
40%
9,000 sf
75'
30'
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'
e
5' ()
5
4 d.u.
Churches, schools, government
35'
40%
1 acre
200'
30' (h)
15""
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
153027\357901 .0 -69-
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.
One-family dwelling
Two-family dwelling
114 ultiflMily ' ( 44-41 " 11 1 u
Group home
Detached garage or carport
zmmmsz��
Churches, schools, government
and quasi-government build-
ings, golf courses, small day
care center, and nursing,
elderly and congregate care
homes
All other uses
Maximum
Height
35'
35'
35'
35'
20'
i
35'
40% 9,000 sf 60' X(c) 150) 10,
V111111111 III ij I iiii ,
!!
A. Intent and Purpose This district is established to provide a high quality, safe,
, Auiet and stable residential estate living environment within a quasi-rural or agricultural setting,
GEDk5302A357901,09 -70-
Minimum
Maximum
Minimum
Minimum
Front
Minimum
Minimum
Building
Lot
Lot
Yard
Side Yard
Rear Yard
Coverage
Area
Width
Setback
Setbac0
Setback (bl
40%
7,500 sf
60'(1)
300)
5'
10
40%
9,000 sf
75'(')
3040
5
10
40%
12,500 0"'
100
30'
15 .W
I 0 .f ,3�
40%
9,000 sf
75'
30'
5'
10
600 sf
9 sf
75
30'
5'
5'
per unit
400 sf/
9,000 sf
75'
30
5(e)
50)
4 du.
40%
1 acre
200'
30 ,(h)
15,(a)(h)
20'
40% 9,000 sf 60' X(c) 150) 10,
V111111111 III ij I iiii ,
!!
A. Intent and Purpose This district is established to provide a high quality, safe,
, Auiet and stable residential estate living environment within a quasi-rural or agricultural setting,
GEDk5302A357901,09 -70-