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HomeMy WebLinkAbout07/05/2001UTf Y PLAIN1FTG-C—*MTTHSSION June 7,2001 Commission Members Absent: WFU W WW: Janice Thompson Paula Weisz Alan White, Planning Director Ann Lazzeri, Secretary Because there was not a quorum present (Planning Commission Bylaws require five members to constitute a quorum) all cases were continued to the regularly scheduled Planning Commission meeting of June 21, 2001. #I # FEMME# CITY OF WHEAT RIDGE PLANNING COMMISSION June 21, 2001 Commission Members Present: Paulette Cooper Marian McNamee Nancy Snow Paula Weisz Commission Members Absent: Jerry Collins (excused) Janice Thompson (excused) Mark Miller Staff Members Present: Alan White, Planning Director Mike Garcia, Development Review Engineer Steve Nguyen, Traffic Engineer Ann Lazzeri, Secretary Because th • constitute a quorum) all cases were continued to the regularly scheduled Planning Commission meeting • July 5, 200 1. Planning Commission Page I June 21, 2001 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting May 17, 2001 CALL THE MEETING TO ORDER The meeting was called to order • Chair McNAMEE at 7:30 p.m., May 17.2001 . in the CitN Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. R1 PUBLIC FORUPW There was no one to appear before the Commission 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 • curb. Planning Commission Page 2 May 17, 2001 Dennis Bearnis 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 100 -year storm. In response to a question from Commissioner COLLINS regarding the estimated life of the detention pond, Mr. Beamis stated it would last as long as the homes--at least a hundred years. although some components • the release structure may have to • replaced over time. Commissioner THOMPSON asked if covenants would require si It and sediment to be removed from the pond. Mr. Bearnis replied that the pond would have to be cleaned periodically to ensure that the structure works properly. 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. Planning Commission Page 3 May 17, 200 1 In response to a question from Commissioner THOMPSON, Mr. Miks stated that his water problems are present year-around. 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 - itark land dedication be keict in the district and used toward devel park on 381h 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 1 7. 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 all of the homeowners north and northeast • the development and the only one who expressed opposition was Mr. Svoboda. RTJ catch water to prevent it from draining into the houses. The water would drain away from the Gammon*s property. 1iV0AMLVgjUl Commissioner SNOW asked if the storm sewer would be installed before any grading is done, Mr. Schneider stated that he would abide by staff s direction. Commissioner THOMPSON asked if the 3-inch inlet was sufficient. Mike Garcia replied that it would release at the historical rate into the CDOT storm sewer in Kipling Street. Commissioner THOMPSON asked staff s opinion about the liner, with or without grass, Greg Knudson stated that liners are typically installed in retention ponds where water is intended to stay and that liners are not typically installed in detention ponds. In response to a question from Commissioner THOMPSON regarding the drainage plan, Bob Goebel replied that the proposed system meets city requirements and could improve the drainage for the entire area. STMOM in M111 Commissioner COLLINS asked Mr. Goebel"s opinion on the trench design submitted by the citizens. Mr. Goebel replied, that while he has not had time to thoroughly review it, he had concerns because of bentonite in the area. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS tha the request for approval of a ten-lot preliminary subdivision plat for Residential-One zoned property located at 9737 West 32 "d Avenue be recommended for APPROVAL �1 f 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. Planning Commission Page 6 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. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that the request for approval of a ten-lot final subdon plat for Residential-One zoned property located at 9737 West 32 Id Avenue be recommended for APPROVAL for the following reasons: The motion passed 6-0 with Commissioner MILLER absent. B. 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 This case was presented by Travis Crane. He reviewed the staff report and presented slides and overheads of the application. All pertinent documents were entered into the record and accepted by Chair McNamee. He advised the Commission that therewas 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 staff report. In answer to a question from Commissioner SNOW, Mr. Crane state that the size • the ,requested sign would leave approximately 3.5 feet for freestanding sign space in the development. There was discussion about the conditions placed • the BoII6 sign which was to be removed if BoII6 left the development. Travis Crane explained that BoII6 was requested by the city to remove the sign last November. Since then, there was an agreement to cover up the letters and the subject amendment was filed. In answer to a question from Commissioner SNOW, Mr, Rogers stated that the two additional panels would accommodate two smaller tenants and would be visible from 1-70. The largest panel would be reserved for the major tenant • the development. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW that Case No. WZ-00-13, a request for approval of an amendment to the Final Development Plan with a setback varianct allow an additional freestanding sign, for property located at 9500 West 49 Avenue, be APPROVED for the following reasons: Planning Commission Page 8 May 17, 2001 With the following condition: 1. The total square footage for the proposed sign shall not exceed 189 square feet. In response to a question from Commissioner COLLINS, Alan White stated that the sign would be liehted. Commissioner THOMPSON stated that she would vote in favor of the motion because the sign should attract desirable tenants to Wheat Ridge. Chair McNAMEE asked for clarification as to whether a super-majority Note 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 B• II6 was no longer located • the premises was not adhered to. The motion passed 5-1 with Commissioner COLLINS voting no and Commissioner MILLER absent. JAUL LIP- %�Iky lancT at some time in the future. OLD BUSINESS There was no old business to come before the Commissioll Plannin Commission Page 9 May 17, 2001 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 #1 1 1 11 IM52swin RM 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 ZONING: Restricted-Commercial COMPREHENSIVE PLAN FOR THE AREA: Transitional Residential ------------ — — ------ — - — ---- 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 July 5, 2001 The applicant requests approval of a special use permit to allow a congregate care/assisted living facility on Restricted-Commercial property located at 4415 Jay Street, Special uses are "discretionary uses which are clearly shown to be void or deficient in an area and which, if properly designed, developed, operated and maintained," may be approved . "The primary issues which the planning commission and city council shall address are those related to justification of need and those special M esign and operational considerations which mitigate potential detrimental impacts on the surrounding land use, street and public services and facilities. The Planning Commission shall recommend whether the special use is dependent upon design, management or operational aspects so that the SUP should be a personal grant 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. • lig lzm�� • 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. Nursing Home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Residential group homes for 6 to 8 persons are allowed in both the residential and commercial zones. Nursing of 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. A meeting for neighborhood input was held on May 8, 2001, at 6:30 p.m. in the glass conference room of City Hall. No area residents were in attendance. All responding agencies can serve the property. Wheat Ridge Water District can serve the property. PC Staff Report Page 2 July 5, 200 1 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 served by an existing fire hydrant on the east side of Jay Street, They concur with staff's suggested modified design. Imm��04"Isnal The property in question is 19,600 square feet in size and is currently vacant, The applicant is proposing a 78 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. Three of the living units consist of a bedroom and bathroom. The others provide a bedroom, bathroom and an additional living area. The second story consistin of 1150 square feet contains an on-site man�ager's apartment and office. I 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. Architecturally, the building proposed is residential in nature with sloped roofs, broken-up facades (facade variations) and limited signage. Materials to be used are siding and brick. V. SPECIAL USE CRITERIA 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 fill a void in necessary services, products or facilities especially appropriate at the location proposed, considering available, alternatives. PC Staff Report Page 3 July 5, 2001 R 0 9 RM 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 of 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). Is consistent with the Comprehensive Plan. Desired attributes include the following: • well buffered and landscaped parking areas • controlled access well designed and maintained no outdoor storage, screened trash areas 9M � MRS FLUL6M FF # , edestrian 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.g., beauty shops, tailor, bookkeeper, dance and/or art stores • Daycare Residential # # 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 be modified by reducing the width of 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 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 castbound and westbound, 9. History of compliance by the applicant with Code requirements and prior condition, if any, regarding the subject property. 10. Ability of applicant or any permitted successor-in-interest to continuously meet the conditions of the proposed permit. 11. Other factors relevant to the specific application. There are no other relevant factors, PC Staff Report Page 5 July 5, 2001 VI. STAFF CONCLUSIONS AND RECOMMENDATION I . The permit run with the land. 2. The management of the facility shall remain in accordance with the applicant's Exhibit 'C' 11 deviation from Exhibit 'C' shall require renewal of the special use permit. 3. The site plan be modified to reduce the curb cut from 57to no more than 35with the remainin 22' in mountable curb with appropriate painting and striping. I Mitw"T"111M I. The proposed SUP will fill a demand for housing alternatives for the elderly. 2. The request is consistent with the comprehensive plan. 1 The proposed special use is a better alternative for the neighborhood than commercial uses, With the following conditions: E 1 3," MMMMMMIMM= PC Staff Report Page 6 July 5, 2001 48TH AVE 7 IL F"i L41 �4 's L ean Fl T L l 0: J -1-vill k .46 TH A '�CCL R-2 �!$TH pt s4 45TH P! I -2 Please~ print or t�pe all informalloll Applicant L - 4 — Address IjIte L--, cit State Zi p MM Fax 0 n c r Address Phone City State Zip Fax - Contact Address Phone clt*v State Zip Fax The person listed as contact will be contacted to answer questions regarding this application, provide additional information Mien necce_ha;'%, post public liearin.g signs, and will receive a copy of the staff report prior to Public Hearing.; I Location of request address): I Detailed description of the request.- . �r - A Required inforiti►ation: I Assessors Parcel Number: -Size of Lot (acre!) or square footage;. Current Zoning- Proposed Zoning: Current use: , " , " ' A -�' �- k Proposed use- Icertifythat the informat ion and exhibits herewith submitted are true and correct to the best of my know ledge and that in I filing this application, I am acting with the knowledge an sent of those persons listed above, without whose consent the than owners must submit power-of-attorney f rom the requested action cannot lawfully be accomplishedo�, f;; * o"'ner which approved of this action on his M I R - k i l l ,Signature of Applicant LAND USE �-ASE PROCESSING APPLICA'i iON Plannina arid Degelopment Depirtment z 75,f %Veat 29th Avenue. Wheat, Rsd-e, CO � 00' Phone ;.eta S> 235-2-;46 z torriethis Notary Public Nly commission e,\pirev _11c Date received---:,'- - CA Fee S 2 — * Case No, Comp Plan Dest Zoning — R — a Quarter Section Map A Related Case No. Pre-App NItc Date 'TzEzo z Case Manager . Note: Incomplete application submittals will not be accepted, There may be other items required that are not listed depending on,�$e and complexity of application. ty Gertrude Humann, by Steve B. Humann as Attorney in Fact Wito ss r V.,id� n,,d. *icial seal. d .oR t. y y yy+ 140.00' ALL A I 41 t/♦ COR SEC Z4 J _ 331..01 v CENTER !EC Yr "89 _E 28d9,l51" 44tk A PNO S" SAASS CAP IN BOX( TTP) a 7 tv LOT 9 & 10, EXCLPT THE NORTH 26' FEET n THEREOF, HALE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO r+f ..z.. ' w ��ry tat I a0 t I � tat 0 0 140.00' ALL A I FROM: Steve Nguyen, Traffic Engineer 5� sun= SUBJECT: Proposed Driveway Width at Wheat.Ridge Assisted Living, 4415 Jay Street/ SUP-01-01/Koch 7=1177TRYser IX MatTbly&la ZVOT A CWICI - above matter. Based on the site plan review, the Public Works Department is concerned with the p7roplos driveway width of 57 feet wide for the following reasons: I The driveway width is exceeding the maximum 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 Su��: Fire Dqmxtw� appmy of site revision • .. i P h regardin roV over curb dengn for Karl Koch, 4415 Jay Sj, Wb R i dg e , + Tw City of Wheat Ridge From: Karl Koch Re: Assisted Living Center Date- June 14, 2001 The proposed Assisted Living Center at 4515 Jay Street is considered to be a Boarding Home is defined by law as "a residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through a provider agreement, room and board and personal services, protective • I fl The average age of a resident in an assisted living center is 80+ years old. It is expected that none • the residents will be driving. The facility will require that if 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. Services provided by the assisted living center will include a safe and sanitary assistance with activities of daily living, including bathing, dressing, eating, and • a 11 see attached the listing of what is involved). After these requirements have been fulfilled, the facility and the documents need to be approved by the state at which time the license to operate will be given. SUMMARY OF PCBH/ACF REQUIREMENTS 'APTER VII - POLICIES ---- 7.1,7.2,10.2 (A) Criteria for Admission and Discharge ---- 7.4 Physician Assessmint, Policy ---- 8.1 Residents Rights Policy 8.1 (G) Grievance Procedure Policy 8.5 'Smoking Policy 8.6 House Rules V Household Pets ---- 9.1,10.2 (C),(D) Services Provided --- 10.2 Charges, Refunds, Deposit Policies 102 4G) Policies/procedures for Handling, Resident Funds --- 10.5 Transfer, Discharge, Eviction Policies CHAPTER XXIV - POLICIES I.A. Medication Administration Policies\Procedures ---- 5.4,5.4.1 S taffin- Schedule ---- 6.3 Policy and Procedure Manual accessible to staff 8,2 Post Residents Rights ---- 8.1 (C j Post Grievance Procedure and phone numbers of ombudsman, state and local health dept-adult protection and area agency on aging 8.3 M inutes'of house/resident council meetings 8.6 Post House Rules 1 0.6..E Current Surety Bond (if handle funds) 1 0.6.-1 Record of Financial Transactions (if handle funds) 10,6.2 Funds exceeding $I 0000 in an interest hearing account ---- 13.3.1 Weekly menus available ---- 13.4.1 Review of menu by dietary consultant when providing therapeutic diets (i.e. diabetic, 2 gram sodium, calorie restricted) 19.6 (A) Post Fire Escape Plan and document explanation to residents within 3 days of --:�& 19,6 (C), (D) Evidence of Fire Drills ---- 19.6 (E) Documentation of emergency plan reviews with staff and residents every two months 19.6 (11) Written emergency plan for fire, gas explosion, bomb threat, power outages, tornado, provision for emergency housing Z' C� 19.6 (j) Post emergency phone numbers-fire,police,poison con trol,am bu lance ' 5.2 TB test upon employment or volunteer service > ____ 53 Ciimioalbockanuund check on employees and «o|xmecry , ____ 6'1 Documentation n[on-1be job|rainingdrcvm|uadmoo[previouxrc|aicd experience ____ 6.7 _ Evidence of training in residents` rights, first mid, ossccummn/ nk0s` difficult situo(ionsand behaviors, Uru/emcr.procedures 123.1 Doc umentnhgno[ completion n[medication course for all staff *hondm if) istcr medications _ 14.6 (D) Documentation of orientation and knioin2 in emcrzcocy procedures �iihin 3 day's o[empinyment CHAPTER VII - RESIDENT FILES 73/7.3.2 BnurdoodCan:p}un/co�cnt.updmteduLleasLyzudy 8.� DocomuntmUnnofr#oeip�oxd�xphna|ioon[ocsNco!x'ri2bts 8.1 (G) Documentation of receipt and explanation of grievance procedure ____ 8.8 Documentation o[ receipt and explanation o[housrru|c» 10,1 Written �n pruvideragreement signed by resident h�nl guardian ____ 10.6,1 Written and ui�ned authorization tohnodhrcsh]eui (unds(if service provided) lL| Pertinent resident information ((uoc xhccU 11.1 (F) Medication ' records 11.1 (K) Record Vf anecdotal notes: accidents, injuries, illness or violent behavior 123 Current physician orders for all mcdicxhonsadnoinis/ercd to residents CHALTER VII - OTHER 8.1 ([) Access to telephone 8.7 Pm/s: in compliance x/i|bstate/local vuccinabonlinuru)xbon /cgn ____ g.] ' Physically safe/sanitary envinznment.ronmandbemod`peooxulspn/icms. ' protective oversight and social care ' ____ 9.2 Opportunities for social/recreational activities ____ 11.3 Sinro�c for confidential records 12.7,1 Laho! rcuidcnts^aamesoo OTC medications 12.7.4 Check for medications that have exceeded lk6rexyiru|imn date ___ 12.9.I L8��ctomgo for medications ____ 12.14-3 Post "no smoking" sign where oxygen [sin use ____ 13.3.3 At least 2 day supply offood ____ 133.4 Food free from opai|age/Okh/eontuminqdoo. (Facilities With 20+ beds meet 1990 Colo. Food Es|ub, Rules and 8ugs] 14.1 Separate storage for soiled linen and clothing 143 Supply o[ linens, towels, and blankets <u meet residents' needs ____ 16.7 No extension cords and multiple une,socke(s (unless Ui. rated) 10.8 No personal appliances for cooking unless operator believes capable o[ appropriate use ____ 19,6(D First Aid Equipment ____ 19,6 (fC) Fire extinguisher in kitchen. common area, and each floor 18.8.1 Hot water accessible by residents measures 128 degrees Fahrenheit or less C A PTER V; I - SECUIRE ENVIRONNNIF'INT (SECTION 20 CilAPTER XXIV - MEDI•"ATI(3N ADNIINISTRATION V.F. Medication reminder boxes are labelled with contents of box A('F CERTIACATIQN REQUIREMENTS 8.495.61 Operator completed ACF orientation 8.4 9 5,5 6 Documentation of annual TB testing I :10 staff -to-resident ratio 6:00 am to 7:00 pro. 1:15 staff-to-resident ratio 7:00 pin to 6:00 am or waiver granted by state. Medicaid a-ency 8A95't'6 Documentation of training in universal precautions &495 87 A) Provision of written information on advance directives, B)facility policies and C)documentation whether resident has executed advanced direcuves or not 8.495,116 Posted schedule of social/recreational activities SA91 Quarterly consult from dietary consultant if therapeutic diet orders SA95A 32 No more than 14 hours between evening and moraine meals N( TE: 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 ----------- NCO* 14'OF-�'V l3e,e5' WME Ci I F"A TEG7 W!W , 4 1 1Y vlCINIT*T' t FEATURE $0, FT. % OF TOTAL AREA OF PROF Je534 SOS� FT, t00% BUILDIN6 FOOTPRINT 182A $0, FT, 40% L I A Ni5iOAPINCI "52 60 FT, 34 1% T OTA L LOT COVERAGE STRUCTURES i PAvIN(S 12642 8t2, FT, (05 1% "B FARKNG $PACE$ PA TIO MAN LE/E- L 4 50, FT, UPF'Fl;Z LF/FL $a FT A GRCS6 FLCO AREA•83 SO r ENGRNER tz UNST- FCR, A55'5TFD L°VNG S4 X, /x5X W!W , 4 1 1Y vlCINIT*T' t FEATURE $0, FT. % OF TOTAL AREA OF PROF Je534 SOS� FT, t00% BUILDIN6 FOOTPRINT 182A $0, FT, 40% L I A Ni5iOAPINCI "52 60 FT, 34 1% T OTA L LOT COVERAGE STRUCTURES i PAvIN(S 12642 8t2, FT, (05 1% "B FARKNG $PACE$ MAN LE/E- L 4 50, FT, UPF'Fl;Z LF/FL $a FT �7 GRCS6 FLCO AREA•83 SO r ENGRNER tz UNST- FCR, A55'5TFD L°VNG S4 CENTER ONE OF JAY STREET FfRELlt 51TE FLAN NORT h DRAlNAGE POND b �7 ENGRNER �, tLN�j . !,4 � � ■� \} ^ � �� \ .� .� � ° UFFER -,LEVEL-FLOOfR FLAN 1150 60, FT, Ex /-// 8,/ 7 _I , 6 7. t lu Am m 44 tie ri ITIM 44 W.Ati. t"k Tjttx icd.A C. i., 1VOONTic, -r itFAli. f1G3'N!£47 F .reXNFtER'+irp G Y„w2 i-xTPl '4QR LNw.. f'.Tf fakc C r o.1 ... _ .. ..._ pp WE5T/F<EA"l-� ELEVATION r .... MUt4't ,. WY <� W Cia:p![fi.AYN.ti # . F t. Q� s.ry !a K} p Stt A9 cj ef5 � C} p s _t c� GP-0t;INkF.REtr Hl' ice m�5.'t^ <hCiF @� snetf rw�ar f. TO: Planning Commission FROM: Alan White, Planning and Development Director ON SUBJECT: Conservation Zone District 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. C:JMyFiIcsvWPFih*C0DEl cons & pfdiss.wpd DRAFT 05/03/01 CITT OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. 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 WHEREAS, pursuant to Colorado Revised Statutes Section 31-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City Council desires to provide an additional zone district to promote the preservation and conservation of natural areas within the City. 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 CW53027\373368M -1- CN$1530271373368.02 -2- d. si gns and I nformation kiosks e. benches and picnic tables B . d"i.rX iAX� {4"r �.IF {✓U `7. .i /Y L{'r �7V i.ii a. Open space b. Wildlife habitat C. Scenic view corridor CN$1530271373368.02 -2- d. Riparian habitat Perimeter fencing C. Prohibited Uses: All uses not classified as Permitted Uses by this Section are prohibited within a Conservation District. a. Section 15-23 • 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 • the Wheat Ridge Code of Laws is amended by the addition • the following, which shall be listed directly after "Architectural Design Overlay District (ADO)": Section 4. Severabilitv. Conflicting Ordinances ftpegLed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional • otherwise invalid, the validity • 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. CNB1530271373368,02 -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 ofifi� First Publication: Second Publication: Wheat Ridge Transcrip- Effective Date: Gretchen Cerveny, Mayor AT CW53027W3368M -4- TO: Planning Commission FROM: Alan White, Planning and Development Director W DATE: June 14, 2001 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 fonn 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 • the development standards in the newly adopted Chapter 26 are as they were in the previous version • Chapter 26. No changes were made to any of the setback, lot size, lot width, building coverage, • height requirements in any • the zone districts. 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. Zone District Side Setback Rear Setback Lot Width R-I Single Family 15' 15' 100 R- IA Single Family 5f 15' 75 1 R-1 #A Single Family 15' total 2 sides 10 60' R-IC Single Family 5'/story 10 50' R-2 Single Family 15' total 2 sides 10 75' Duplex 15' total 2 sides 10 100 R-2A Single Family 5'/story 10 60'(80' comer lot) Duplex 5'/story 10 75'(80' comer lot) Multi-Family 5'/story 10' (+ 5/story > 2) 100 R-3 Single Family 5# 10 60' (80' comer lot) Duplex 5 1 10 75'(80' comer lot) Multi-Family 15'(+ 57story > 2) 10' (+ 5'/story >2) * * 100' R-3A Single Family 5# 10 60' (80' comer lot) Duplex 5 1 10 75' (80' comer lot) Multi-Family 15'(+ 5'/story > 2) 10 ( +5 /story > 2) * * 1 00' OEM= e existing requireU ana rear y air y stan an worKame tort e 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 R-IA, but then increases as the required lot sizes and lot widths decrease. The following setbacks would • required of a two-story single fainity house in each of the zone districts: 15 in ► 1, 5' in R- I A, 7- Vz' in R- I B (assuming equal -2- I - 7 ZM - vvv# , RO 1 ",-- 07TIOM consistent among the same uses in different zone districts. The S' per story additional setback should be used sparingly. The setback exceptions should remain. M The Ordinance you are considering encowasses the complete Zoning laws of the City. '4RUN feels that some portions which have not been addressed, should be at this time anid would like to make some recommendations, A rundown of setbacks goes as follows: RM KA I. This of' course doesn't take care of the "exceptions" which are SecLlon 26-611 A 1-4,and this is attached below: Sec. 26-611 Building setbacks. 2. Architectural features. Cornices, eave 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 yar not more than two (2) feet, provided the width of such yard is not reduceol 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 pan see how easily m, any Setbacks c.--,.n bed rP. I �inistra to just 3 .-n.rl' , iithout a fclllo,-,lin- � T 0 r es F N I . ® formerly there was a limit of.lTI2 for the Board of Adjustment but with pressure from developers this wd - s removed and unlimited variances can be qranted, , :".ecenLly C-I WRUN would like to see the 10% limit reinstated. -1 - The following motion is proposed; ©. was built very close to the street in the middle of a block where all others a!'Tear to be 30 back. Iso, last week there was a request to the DoFrd of Adjust- ment for a 20 v@riance to a 30" front Y.,,rd setback and a req for a 12 varin-nce to a 15 side yard setback. WRUN would like to see the 10% limit reinstated. -1 - The following motion is proposed; B Pill � 11111 Ill flm" ,Rmm 1 m I ! f See. 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 1 1 it 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, M. MW Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback SetbacW' Setback'"' One-family dwelling 35' 25% 12,500 sf 100 30" 15 16 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" 5"' Churches, schools, government and quasi-government build- ings, golf courses 35' 25% 1 acre 200' h 30 '( k 15' (h)(e) 20' Ali other uses 35' 25% 12,500 sf 100 X (c) 5" 15 1 1 1 it 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, M. MW Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) Area Width Setback Setbac0 Setback"' One-family dwelling 35' 30% 9,000 sf 75' X (c) 5 '( "k 15' Group home 35' 30% 9,000 sf 75' 30' 5' ( "k 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30' 5' 5* Private storage shed 2U 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' 16 20' All other uses 35' 30% 9,000 sf 75' 30") 50) 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, GEDW0271M57901,09 -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, B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard bear Yard Height overage Area WidthO Setback Setbac0 Setback"" One- family dwelling 35' 40% 7,500 sf 60' 30 40 5` d) 10' Group home ' 40% 7,500 sf 60' 30'(c) 5 ") 10, Detached garage or carport 20' 600 sf 7,500 sf 60' 30' 5' Private storage shed 20 ' r9) 400 sf 7,500 sf 60' 30' 0) 5'` e) Churches, schools, government and quasi - government build- ings, golf courses 35' 40% 1 acre 200' 30' 4 `' 15' +)( 20' All other uses 5' 40% 9,000 sf 0' 30' 5' 10 c c \53027\357901.09 -66- 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% 5,000 sf 50' 30" 5' 10 Group home 35' 40% 5,000.sf 50' X (c) 5' 10 Detached garage or carport 20' 600 sf 5,000 sf 50' 30" 51 10, Private storage shed 20' 400 sf 5,000 sf 50 30' 5' (0) 5'` c!l Churches, schools, government Minimum and quasi-government build- Maximum ings, golf courses 35' 40% 1 acre 200' 30' 20' All other uses 35' 40% 5,000 sf 50' 30" 5` (d) 10 (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) Area feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) Setback (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from Setback property lines and at least thirty (30) feet from a residence on an adjacent parcel. 35' (a) Minimum setback for the first story and five (5) feet for each additional story, 9,000 sf (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet, 30'(c) (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) 10, (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public 35' streets. (See section 26-502.) 12,500 sf (i) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. 30'(c) 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. 207- TOM GEDk53027\357901 ,09 -67- Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) Area Width Setback Setback Setback One-family dwelling 35' 40% 9,000 sf 75' 0) 30'(c) 50) 10, Two-family dwelling 35' 40% 12,500 sf 100 30'(c) 50) 10, Group home 35' 40% 9,000 sf 75' 30' (t) 5'(") 10, Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30' (c) 5' 5' per unit Private storage shed 20' ( Q ) 400 sf 9,000 sf 75' 30* 6 (e) 5 ,(e) Churches, schools, government and quasi-govemment build- ings, golf courses 35' 40% 1 acre 200' 30' 15" )(f ` 20' All other uses 35' 40% 9,000 sf 75' 30' 5 ,(d) 10 GEDk53027\357901 ,09 -67- 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. S. Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard (h) Height Coverage Area Width Setback Setback'a Setback`' One-family dwelling 35* 40% 7,500 sf 60,(k) 30' 5' 10 Two-family dwelling 35' 40% 9,000 sf 75"' 30" 5' 10 Multifamily (3/more dwelling 35' 40% 13,050 sf 100 30' 5' 10'W units) Group home 35' 40% 9,000 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/ 9,000 sf 75' 30' '50) 5'(e) 4 d.u. Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' X(') 15400) 20' All other uses 35' 40% 9,000 sf 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 (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. (c) 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 26-123.2,) (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet, M Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet, (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) Rear yards for building which exceed two (2) 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. NOTE: The requirements of section 26-120(17)(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 GED1530271357901.09 -68- in existence (as distinguished from legal nonconforming structures). swag • GED\53027\357901,09 -69- Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yar id Height W 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' (c) 5' 10 Multifamily (3 or more dwelling 35' 40% 12,500 sf d) 100 30' 15" 16'` units) Group home 35' 40% 9,000 sf 75' 30" 5' 10 Detached garage or carport 20' 600 sf 9,000 sf 75' 30' 5' 5 1 per unit Private storage shed 20' 400 sf/ 9,000 sf 75' 30' 5'w 5,W 4 du. Churches, schools, government 35* 40% 1 acre 200' 30' (h) 15' , 3) ` 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' (1) 30' (c) 5' 10 GED\53027\357901,09 -69- A. Intent and Purpose: This district is established to provide high quality, safe, qui and stable medium-density residential neighborhoods, and to prohibit activities of any natu which are incompatible with the medium-density residential character. I •1 M, 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, GED1530271357901,09 -70- Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage Area Width Setback SetbacWa Setback' One-family dwelling 35' 40% 7,500 sf 60' 30' (c) 5 1 10 Two-family dwelling 35' 40% 9,000 sf 75' ( t ) 30' (c) 5* 10 Multifamily (3+ dwelling units) 35' 40% 12,500 se" 100 30 15 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' 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" 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' 30'(c) 150) 10, 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, GED1530271357901,09 -70-