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Home My WebLink AboutZOA-12-02CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING SECTION 26-123 AND ARTICLE VI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE DEFINITION OF "FAMILY" AND OCCUPANCY LIMITS FOR ZONING PURPOSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the "Code"); and WHEREAS, Code Section 26-123 sets forth various definitions for terms and phrases used throughout said Chapter and the Code, and WHEREAS, the current definition of "family" set forth in said Section 26-123 permits up to three (3) unrelated individuals who share living quarters to be considered a family for zoning purposes; and WHEREAS, the Council finds that permitting up to four (4) unrelated individuals to share living quarters as a "family" would not be inconsistent with nor contravene the goals and purposes V the City's zoning regulations; and WHEREAS, the City's zoning regulations currently limit the number of unrelated individuals who may reside in a residential dwelling unit • virtue • the definitions of "family "dwelling unit," and the permitted use schedule and table codified in various sections throughout Chapter 26 of the Code; and WHEREAS, the Council finds that adopting a single Code section concerning occupancy limits in regards to dwelling units would facilitate public understanding of what is permitted and , #rohibited as well as facilitate the City's enforcement of the occupancy limits, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEA RIDGE, COLORADO Section 1. The definition • "family" set forth in Section 26-123 • the Wheat Ridge Coll of Laws is hereby amended as follows- Section 2. Article VI of Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning supplementary regulations, is hereby amended by the addition of a new Section 26-638, to read in its entirety as follows: A. Except as provided in subsection B, hereof, the maximum occupancy allowed per dwelling unit in a one-family, two-family or multi-family dwelling shall be either 1. One (1) family, as defined by Section 16-123 of this Code, and n more than one (1) additional person; or i 2. Two (2) adults and their dependents, if any, and not more than one additional person. B. Exceptions. The following shall be exempt from the maximum occupancy limit established in Subsection A above: 1. Residential group homes that conform to the requirements of Section 26-612 of this Code; and Z Dwellings owned and operated by a nonprofit organizati incorporated under the laws of this state for the purpose of providi housing to victims of domestic violence as such is defied in C.R.S. § 1 6-800.03. C. A violation of this Section shall be proven by a preponderance of the evidence. The owner and any other person responsible for the management or control of a dwelling unit shall be liable for allowing occupancy in excess of this Section if he • she knew, • through reasonable diligence should have known, that a violation of this Section was occurring. D. Definitions. The following words, terms and phrases, when used in this Section, shall have the following meanings. 1. Adult shall mean any person eighteen (18) years of age or older who is not a dependent, 2. Dependent shall mean the biological child of an adult occupying 2. dwelling unit, or a person related to an adult by reason of adoption, guardianship or other duly authorized custodial relationship, who receives 9 • W I I I& al I own aw-gla I I I 1.7gArjamn I L-712 •r. Is I im it I aus It &WATUMAIMIM 3. Occupancy or occupy shall mean the use of a dwelling unit or a portion thereof for living and sleeping purposes by a person acting in a of the following capacities: I b. As a tenant under an express • implied lease or sublease of the unit or • any portion thereof; or c. As a guest or invitee of the owner, property manager, lessee or sublessee of the unit, if such guest • invitee stays overnight at the unit for a total • thirty (30) or more days within any twelve- month period, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of . to , this day of 2012. SIGNED • the Mayor on this _ day of I 1 2012. 12MR111MIR IIRKF'101� 9 Janelle Shaver, City Clerk 01710 -. .* i . 0 In response to a question from Commissioner MATTHEW a, utility poles may be 12 inches wide in the triangle. T-77 1*17 sill re two- family homes are exempt from sight triangles. Commissioner MATTHEWS added that this is a very well written enhancement to the code. V MM 17 7 '*AT7M'7ZM7 7 ATtomey tias reviewed this proposal and finds it acceptable. Following review and discussion by the Commission, Chair TIMMS closed the public hearing as no members of the public were present to qpeak. It was moved by Commissioner MATTHEWS and seconded by Commissioner WEAVER that Case No. ZOA-11-06 a proposed ordinance amending Section 26-603 of Chapter 26 of the Wheat Ridge Code of Laws, concerning regulation of sight distance triangles and swimming pool fences, be forwarded to City Council with a recommendation of APPROVAL. The motion carried 5-1 with Commissioner BRINKMAN voting no. B. Case No. ZOA-12-02: An ordinance amending the Wheat Ridge Code of La concerning the definition • family and occupancy limits for zoning pw • This case was introduced by Meredith Reckert. The case was initiated by the Community Services Unit (CSU) in the Police Department as a result of citizen complaints. Officer Mary McKenna of the CSU was present. Planning Commission Minutes -3- July 19, 2012 In researching how another community deals with this issue, the CSU consulted with the Fort Collins police department to find out how they manage and enforce their program. The proposed amended code, drafted by the City Attorney, was influenced by Fort Collins' policy. Commissioner MATTHEWS asked about the nuances of family relationships and blended families. Mr. Dahl replied that the rule of three is still valid in that situation. Again, it is complaints that. bring these situations to the attention of the police. TWLTgm= comilaint and contact the ownij %tow _j ij i V 1 LOXI&TKI E KIM ts Staff recommends that the Cit ad 11143004#1N Mall 111��1111� 1 11111 Randy RawUngs 3235 Flower St. Mr. Rawlings explained that he lives off 32 nd on Flower which is a dead end street. A foundation has purchased a home in the neighborhood in which multiple individuals Planning Commission Minutes -4— July 19, 2012 Carol Harrison 3219 Flower St. Ms. Harrison stated that she has small grandchildren, and she is concerned about the constant influx of traffic and fast drivers in this neighborhood. Parking of extra vehicles in the neighborhood has created a bility problem. In response to a question from Commissioner BRINKMAN, Officer McKenna replied that police can accept information from concerned citizens and that infonnation is acceptable in court. Commissioner BRINKMAN assured Mr. Rawlings and Ms. Harrison that the Commissioner WEAVER added that her concern is that occupancy limits are not the way to get at these issues. She believes there are other ways to deal with it. omm7ssToneT=T �a=eat he recognizes the necessity for occupancy limi and wants to support it but is concerned that the city may be creating an enforcement issue. I It was moved by Commissioner OHM and seconded by Commissioner DURAN that Case No. ZOA-12-02 a proposed addition of Section 638 to Chapter 26 of the Wheat Ridge Code of Laws to define occupancy limits and authorize enforcement of such limits as a civil matter, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. It will better define the number of persons allowed to reside in a single residential unit. 2. It will aid in the City's CSU code enforcement efforts. The motion carried 5-1 with Commissioner WEAVER voting no. Planning Commission Minutes -5— July 1 9, 2012 I TITLE: AN ORDINANCE ADDING A NEW SECTION 26-638 TO CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS • DEFINE OCCUPANCY LIMITS AND AUTHORIZE THE ENFORCEMENT OF SUCH LIMITS AS A CIVIL MATTER CASE NO. ZOA-12-02/Definition of "oecupancy" 0 PUBLIC HEARING N CODE CHANGE ORDINANCE Case Manager: Meredith Reckert, Senior Planner Date of Preparation: July 11, 2012 ZOA-12-02/Definition of Occupancy A family shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-4125, C.R.S., as amended, unless related by blood, marriage or adoptiol the definitiot of "fanilv" oil In reviewin4 this o *wrjwtv ezh�,ffln limits for residential units. The adoption of a single ordinance would facilitate the public's unde7stTandling what is permitted and prohibited as well as factate the City's enforcement of the occupancy limits. Exhibit I is a copy of the proposed legislation prepared by the City Attorney's office, which if passed would modify the City Code. "I move that Case No. OA - -02 a proposed addition of Section 638 to Chapter 26 of the Wheat Ridge Code of Laws to define occupancy limits and authorize the enforcement of such limits as a civil matter, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: I It will better define the number of persons allowed to reside in a single residential unit. 2. It will aid in the City's CSU code enforcement efforts." ZOA- 1 2-02/ Definition of Occupancy 2 CITY • WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2012 TITLE: AN ORDINANCE ADDING A NEW SECTION 26-638 TO CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ZONING, TO DEFINE OCCUPANCY LIMITS AND AUTHORIZE THE ENFORCEMENT OF SUCH LIMITS AS A CIVIL MATTER (CASE NO. ZOA-12-02) MI NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article VI of Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning supplementary regulations, is hereby amended by the addition of a new Section 26-638, to read in its entirety as follows A. Except as provided in subsections B. and E. hereof, the maximum occupancy allowed per dwelling unit in a one-family, two-family or multi-family dwelling $hall be either: 1. One (1) family, as defined by Section 26-123 of this Code, and not more than one (1) additional person; or 2. Two (2) adults and their dependents, if any, and not more than one (1) additional person. B. Exceptions. The following shall be exempt from the maximum occupancy limit established in Subsection A above: 1. Residential group homes that conform to the requirements of Secti 26-612 of this Code; and i # C. A violation of this Section shall be proven by a preponderance of the evidence, The owner and any other person responsible for the management or control of a dwelling unit shall be liable for allowing occupancy in excess of this Section if he or she knew, or through reasonable diligence should have known, that a violation of this Section was occurring. D. Definitions, The following words, terms and phrases, when used in this Section, shall have the following meanings: 1. Adult shall mean any person eighteen (18) years of age or older who is not a dependent. 3. Occupancy or occupy shall mean the use of a dwelling unit or any portion thereof for living and sleeping purposes by a person acting in any if the following capacities- a. As an owner of the unit; b. As a tenant under an express or implied lease or sublease of the unit or of any portion thereof; 1=0 5611 5 Iowa 'Im M' 0 so# N two applicable occupancy standards, the stricter (lower) occupancy limit shall apply. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of .to- 1 , this day of 2012. SIGNED • the Mayor on this - day of 2012. Lyl�l I FA W1 a a I I I I IN 01 L. VIN Janelle Shaver, City Clerk Gerald E. Dahl, City Attorney First Publication: Second Publication Wheat Ridge Transcript Effective Date: Exhibit I CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZO',VIVG The proposed ordinance is available in electronic form on the City's official website, www.ci.wheatridge.co Legal Notices. Copies are also available in printed form in the Community Development Department. Case No, OA3202 Date Received 1. Case Desetifrtion sAmand code conrcarning the definition . ,..... ...._ .01 Z elated Cases occupancy limits for zonin Name Cpty of Wheat F3Fdge Name phone .. _..�.. ._..... .. . ...� Address a City i State