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HomeMy WebLinkAboutZOA-97-8CERTIFICATION OF RESOLUTION Lvdw CASE NO: ZOA-97-8 LOCATION: City of Wheat Ridge 0 - REQUEST: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Ordinance, relating to residential densities, development standards and specifically, PRD Site Design Criteria. 'I I v4TY I the above request, and said list of factors is attached hereto and incorporated herein by reference, and mad a part hereof; and I 771r- A—%"MXTr testimony provided additional facts. iffTM rMT119114#1 of Jefferson, state of Colorado. StLeliqu 1: VOTE: YES: 6 NO: 0 - Mr*1311 VOTE: YES: 6 NO: 0 1, Jeniter Roche, Assistant Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 6-0 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Bung, Wheat Ridge, Colorado, on the 4TH day of September, 1997. 0 rwlay. 4 � E The Crty of 7500 WEST 29TH AVENUE ~]~Th e at WHEAT RIDGE, CO SD275-6713 f303) 234-5900 City Admin. Fax q 234-5924 Police Dept. Fax * 235-2949 Ridge T0: CITY COUNCIL FROM: REDITH RECKERT RE: RESIDENTIAL DENSITIES The table attached summazizes the recommendations from CPRC and Planning Commission for the requirements which impact the density of dwelling units for the R-2, R-2A, R-3, R-3A, PRD and PCD zone districts. Attached also aze recommendations from Planning Commission regarding the definitions for "Net density" and "Maximum density". The draft minutes for the Planning Commission meetings dated August 7, 1997 and August 14, 1997 aze included under this cover. The minutes from their September 4 meeting where proposed Council Bill No. 29 (PRD Site Design Criteria) will be discussed will be available for City Council review on September 9, 1997. id P.ECYCLED 'APEn WHEAT RIDGE RECOMMENDED DENSITIES: Duplex SMulti -family Zoning Districts Development R-2 R-2A ~ R-2A Muttl- R-3 R-3 RJA R-3A PRD Standard Duplex Duplex family Duplex Muttl-family Duplex MuRi- tamlty Maximum Net 5.8 d/u 8.5 10 dulper S.6 dulper 12 dWper aUe 9.6 dulper 11 dWper 16 Denalry 1 per dulper sae acre acre sae dulper acre2 acre acre3 Existing 7 dulper 9.6 f0.3 du/per 9.6 dWper 20.7 du/per 9.6 durpar 74.5 dulper 27 dulper acre dulper acre acre acre acre sue acre acre - Minimum Lot 15,000 10,250 13,050 sq. ft. 9,000 sq. 12.500 sq f[. 9,000 sq. 72,500 i sere Area sq. fl. sq. R.4 R. ft. Existing 12.500 9.000 same same same same same same sq. R. Minimum SF par N!A N1A 4,350 sq. ft. N!A 3, 630 sq. ft NIA 3,960 sq. N/A unit ft. Existing WA WA 6, 000 sp. k. WA 2.700 so. k. N/A 3, 000 sq. WA R. The City of 75D0 WEST 29TH AVENUE ~Wh e at WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax n 234-5924 Police Dept. Fax # 235-2949 Ridge September 2, 1997 TO: ~TY COUNCIL FROM: MEREDITH RECKERT RE: DEFII~IITIONS OF NET AND MA3OMUM DENSITY The following is the definition of net density as approved by Planning Commission at their meeting on August 14: "Net density: Net density is the number of dwelling units allowed on an azea of land excluding all street and roads, whether public or private, to their full platted, dedicated or reserved width for circulation for the traveling public within or through the development. The calculation for net density shall not include those areas used as driveways and access to parking areas." The following is the definition of maximum density as approved by Planning Commission their meeting on August 14: "Maximum density: Maximum density shall not exceed the stated number. This per acre maximum is not a guarantee and shall only apply if all site development standazds - •-• • and rezoning evaluation criteria are adhered to. The future land use map for residential units contained within this plan designates a range of densities. There is no absolute right to have the highest density in any land use category. Additional site design criteria will be added to all zoning districts upon adoption of a revised comprehensive plan as directed by City Council." ~^~ RECYCLED PAPER :~~~ ,f ~~ ~ra F , =.E Planning Commission Minutes August 7, 1997 Page 4 decision with subdividing. Pete Synko, 4499 Parfet. Mr.Synko stated he does not believe that there is enough room to build a house. He was also concerned about what affects building a house on this property would have on his well water. He believes the lot is too small and wanted to know where the lot designation pins were located. He also stated he enjoys all of the wildlife that lives on the lot and prefers not to have anything built close to his property. He would also like the owners to find the property line pins and was advised that the owners would be taking caze of marking the property lines. Bill Hall, representative of ReMax West, 5440 Ward Road, Arvada. He stated that he hoped he could settle some fears of the neighborhood. He said that the future owner was under contract and that they have been in contact with P.S.C. and stakes have been placed across the area that cannot be built under. The future owner is under contract with a modulaz home that meets all requirements. The home will not have a basement and would not affect any area wells and further that there would be minimal dirt movement as well. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move that Case No. MS-97-2, a request for approval of a two-lot minor subdivision for R-2 and R-3 zoned property located at 4445 Parfet and 11050 W. 45th Avenue, be Approved for the following reasons: 1 The owners have requested a subdivision in order to create a lot for a single family home on West 45th Avenue. 2. All minimum requirements of R-2.and.R-3 zone district regulations have been met. 3. All requirements of the subdivision regulations have been met. With the following conditions: 1. Legal description problems be corrected before review by City Council. 2. A note be added to the plat requirement that no existing mature trees be removed unless in direct conflict with a building Development " Motion carried 5-0. ` B. Case No. ZOA-97-5: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code, relating to Group homes. . Gerald Dahl, City Attorney, addressed this case. He stated that Council had approved two planning Commission Minutes August 7, 1997 Page 5 ordinances in late 1996 concerning group homes to bring the City's Code of Laws into conformance with Federal and State Statutes and in particular the Fair Housing Act. All references were previously thought to have been changed, however, one reference was not included and therefore now needs to be deleted. This change will delete the reference to developmentally disabled persons from the list of uses permitted as special uses in the R=1. Basically this means, that local zoning authorities are not permitted to treat individuals with developmental disabilities or any of the other protected classes under the Fair Housing Act any differently than single family homes. It is illegal to treat disabled persons differently than any family just for that reason. The change to this ordinance is to clean up all the references. A motion was made by Commissioner B12INKMAN, seconded by Commissioner CERVENY, "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: 1. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more mentally disabled persons. 2. It will allow compliance with the Fair Housing Act " Motion carried 5-0. ire " dad D Combined for Public Hearing: C, ('ase No ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge. ~Qde of ],gWS, Chapter 26, ~~~-µ Zoning Code relating to residential densities and development standards. D, Case No WPA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards. Commissioner CERVENY requested a moment prior to discussion. He stated in the CPRC Minutes of June 11, 1997, a motion was made and approved by Member ECKARDT that the Goals and Policies for the City as established by the CPRC, should come before the Council and Planning Commission in a Study Session. The Commissioner had many questions as it relates to the Goals and Policies and density recommendations. He suggested that the Goals and Policies be reviewed and approved prior to discussion of any density issues. Chairperson WILLIAMS stated that he would prefer more time to digest all of the information Planning Commission Minutes August 7, 1997 Page 6 and was also concerned that not all members were present. He felt that these were serious issues to be considered by all Commissioners. He asked the City Attorney if postponement to the next meeting would cause a hardship for anyone. Mr. Dahl stated that these issues are time sensitive and that the moratorium would.expire at the end of September. He advised that in order to prepaze for first and second readings prior to the moratorium being lifted. Mr. Dahl stated that this is a tight schedule and that the Planning Commission's recommendation and adequate time must be given to Council so that the moratorium need not be extended. Extended moratorium could lead to litigation. Commissioner SNOW stated that she felt that the Commission should go forwazd with the review and recommendation of the ordinances. She said there is no guarantee that all of the Commissioners would be available at any given meeting. She stated that even though she realized that the goals and objectives had not been formally accepted or approved, that they had been distributed and should have akeady been reviewed by the Commission as well as the density report. Commissioner_CERVENY stated he felt that it is important to understand what the goals are before proceeding. He asked the City Attorney if a postponement would create a crucial liability for the City. Mr. Dahl stated there is no magic number, however, the longer the moratorium continues, the more difficult it is to defend and further that there is one case currently in process which is related to the moratorium. Mr. Dahl said that the Council could choose several routes one of which being to lift the moratorium. However, this would permit applications to be submitted and processed under the old rules. Commissioner CERVENY stated he felt uncomfortable.hying to.set rules when he isn't sure what the goals and policies are. Mr. Dahl informed the Commission that the posting has been made for this public hearing and suggested that the hearing continue and at the end of the testimony, then decide what action to take. Commissioner CERVENY said that he felt that too many time decisions aze made and someone isn't happy and they try to change the decision and feels the Commission should not operate in that mode. He stated that he would prefer to know what the Commission is trying to accomplish before setting policies. Commissioner CERVENY moved that the Commission postpone these decisions until after everyone has had a chance to review the goals/policies of the CPRC. Mr. Dahl confirmed that the public hearing publications have been made and there were those in the audience that wanted to testify. He suggested hearing testimony due to the publication and afterwazd decide whether there is enough information to postpone or approve. Commissioner SNOW inquired if Council had the authority to have first and second reading even if the Commission does not make a decision. Mr. Dahl stated that no recommendation created by a tie vote, can translate into the Commission had taken as much action as it could and therefore the Council could act..Commissioner BRINKMAN stated she was not going to just Planning Commission Minutes August 7, 1997 Page 7 throw her vote away and she is not going to say that she does not want to make a decision. However, her concern was that she had reviewed the information for the past week but still has the feeling that she did not know why she was making the decisions she was making. She pointed out the in the CPRC booklet, the first item states "draft" on the role of the CPRC. She felt they were being asked to make decisions without guidelines to go by. Commissioner SNOW asked if she had the goals and objectives. Commissioner BRINKMAN stated all she had was a draft. Commissioner SNOW stated that they had not been formally adopted by the City Council but that each Commissioner had the draft to review. Commissioner CERVENY restated his motion. Mr. Dahl advised that the public hearing needed to be opened so that it could be continued should that be the decision. However, if the public hearing was not opened, it would have to be renoticed to a new hearing in September. In addition, there were people ready to testify at this hearing. Commissioner CERVENY clazified that testimony could be taken at this public heazing but the Commission could postpone decisions until after the goals and objectives are reviewed. Mr. Dahl said that would eliminate the need for a readvertizing and keep the public hearing legal. Ms. Reckert offered a suggestion that the CPRC meeting scheduled for August 13 become a Study Session for CPRC and PC, heaz testimony this evening and they postpone the decision ou the items until August 21. Commissioner SNOW, Chairmen of the Comprehensive Plan Committee, states there aze several reasons for recommendations on density 1.) City Council asked them to do so 2.) CPRC has concluded that the community expressed dissatisfaction with the density in the City of Wheat Ridge 3.) The Citizens have expressed negative concern for zoning changes from past to present. Discussion continues on these three issues. Commissioner SNOW stated the only recommendation different from last nights meeting which is not in the packet is that the number for squaze- footage will increase comparably in R-2 to R-2A zone districts. Discussions on ordinance revision continued. Question was asked by Commissioner CERVENY, as to the intent that was behind the recommendation? Commissioner SNOW replied citizen input and changes in density numbers. Susan Seeds, 6147 West 35th Avenue read a letter from Karin Heine to Planning Commission, commending CPRC on their efforts. Chairperson Williams swore in the following citizens wishing to speak on this case: John Kellow, 4740 Parfet, stated that he is the president of a water company which regulates the Planning Commission Minutes August 7, 1997 Page 8 use of several ditches and that the irrigation ditches cannot accept any more water runoff. Further runoff from increased development will not be accepted by his associates. Jerry Ditullio, 3250 Newland. As a citizen he supports the recommendations of CPRC and hopes for approval. Commissioner CERVENY points out that Planning Commission is not responsible for the goals and policies of the CPRC or the actions of the CPRC. He will not have any fiuther discussion regarding that issue. Lee Wedgewood, 10902 W. 20th. He speaks as a citizen and does not represent duplex owners. There was further discussion and clarifications of the numbers of duplexes, owners and the investors roles in the City of Wheat Ridge. Mr. Wedgewood does not support the proposed amendment. Lisa Rossen, 9490 W. 38th Avenue, Wheat Ridge. She supports the proposed amendment. .Katherine Dunlap, 7160 W. 30th Avenue, Wheat Ridge. Mrs. Dunlap speaks as a citizen. She points out that CPRC addresses issues to maintain neighborhood characteristic and she agrees with this. Ms. Dunlap supports the proposed amendment. Martin Boros, 7200 W. 31 st Place, Wheat Ridge. Mr. Boros thanked the CPRC for their time and effort establishing recommendations for the development and density standazds in the City. Mr. Boros supports the proposed amendments. . Ron Patera, 4125 Pierce, Wheat Ridge. Mr. Patera is a member of the CPRC and feels that they came to the meeting completely prepazed. He states his wish to not table the proposes. Jean Fields, 3270 Fenton Street, Wheat Ridge. Mrs. Fields is a CPRC member. She states that this meeting should focus on the density issue. Commissioner SNO W requested that the density issue not be postponed at this meeting. Commissioner BRINKMAN asked a question in regazds to the density revisions; were they done under the past or current regulations? Jerry Dahl clarified regarding the reconstruction ofnon-conforming duplex lots. Commissioner CERVENY continued discussion on re-building. Planning Commission Minutes August 7, 1997 Page 9 The following motions were made regarding Case No. ZOA-97-8. A motion was made by CommissionerSNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-14(F) of the Wheat Ridge Code of Laws, Residential -Two Disirict(R-2), duplexes, be approved:" Motion carried 4-l, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-I S(F) of the Wheat Ridge Code of Laws, Residential-Two A District(R-2A), duplexes be approved" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-15(F) of the Wheat Ridge Code of Laws, Residential-Two A District(R-2A) with respect to Multifamily, be approved." Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to ammend Section 26-16(F) of the Wheat Ridge Code of Laws, for Residential-Three District(R-3) with respect to Multi-family; be approved:" Motion carried 3-2, Commissioners CERVENY and BR1NKIvfAN voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-17(F) of the Wheat Ridge Code of Laws, Residential-Three A Districts(R-3A) with respect to multi-family, be approved:" Motion carried 3-2, Commissioners CERVENY and BRINKMAN voting no. A motion carried by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(lj(c) of the Wheat Ridge Code of Laws, Planned Residential Development(PRD) relating to density, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, " I Planning Commission Minutes August 7, 1997 Page 10 move a request for approval to amend Section 26-30(D) of the Wheat Ridge Code of Laws, Developement on Multiple Parcels or Lots (Consolidated Plat or Deed), be approved" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-30(c)(4)(d) of the Wheat Ridge Code of Laws, Planned Building Group, be approved:" Motion carried 3-2, Commissioner and CERVENY and BRINKMAN voting no. A motionwas made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(1) of the Wheat Ridge Code of Laws, Planned Residential Development Site Design Criteria and the interim be continued to August 14, 1997. Motion carried 5-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request to observe no Ordinance change required for Residential-Three Duplex to a Residential-Three A with respect to duplexes, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. 8. CLOSE THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS Commissioner SNOW scheduled a joint meeting on August 14, 1997 with the Planning Commission and CPRC is to discuss goals and policies. Planning Commission Minutes August 7, 1997 Page 11 The Future meetings for the Colorado Chapter of APA and Lakewood were . dicussed 11. DISCUSSION AND DECISION ITEMS Commissioner CERVENY discusses his concerns on having goals and meeting these specific goals in the future. 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT Meeting was adjourned at 10:50 p.m. by consensus. Jenifer Roche, Assistant Secretary The next meeting will be held with the CPRC on 8/14/97 at 7:00. ~, *~ :~5 Meeting minutes Planning Commission August 14,1997 1.CALL THE MEETING TO ORDER: The meeting was called to order by Commissioner CERVENY upon the adjournment of the joint CPRC/Planning Commission meeting, on August 14, 1997 in the Council Chambers of the municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2.ROLL CALL MEMBERS PRESENT: STAFF PRESENT: Nancy Snow Jay Rasplicka Carl Cerveny Anne Brinkman Janice Thompson Thomas Shockley Meredith Reckert Bazb COLE Gerry Dahl Jenifer Roche PUBLIC HEARING: The following is the copy of Planning Commission minutes for the Public Hearing of August 14, 1997. A copy 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. ., 3.Discussion Items: Commissioner SNOW clarified map revisions to be done and site plan. Barb Cole stated that the for future residential Land Use is required to support density changes in the Zoning Ordinance. The map is required for the Zoning Ordinance to be equally defendable. She pointed out the corrections that were already noted She stated that the Northwest side of Tabor should be SF, (1-5). Further map revisions were continued and discussed. Commissioner SNOW asked if the Agricultural Estate was left as 1 acre? She inquired if on the new map do the new acreage numbers show up? Ms. Cole made recommendations that the estate residential change to agricultural estate. She stated this would be all of the agricultural land on the Map. one-half acre. Planning Commission Minutes August 14,1997 Page 2 She then stated that.there would be a new district named Estate Residential which equals one unit per one-half acre. Commissioner THOMPSON noted that Boyd's Crossing Park is not shown. Also, that Apel Bacher and Louise Turner Pazk needs to be added to the map. Commissioner SNOW restated that the Final Draft map is not a finished map, it is only an Interim Map. She then continued discussion on land use classes and how they should be applied. Ms. Cole stated that the map is essentially Amendments on paper. She also stated an explanation of Map interpretations as being citizen friendly. Further discussions continued on the Land Use categories. Ms. Cole mentioned that the commercial, industrial and transitional areas still need to be made and that some areas will overlap. A motion was made by Commissioner SNOW, seconded by Commissioner THOMPSON to approve the City of Wheat Ridge Comprehensive Plan and Future Land Use Map be amended with respect to Residential Land Uses as shown on the Draft map dated July 2, 1997 and that said Amendment be forwazded to the City Council pursuant to code of Laws, section 2-60 with corrections discussed this evening. Motion carried 5-1, Commissioner CERVENY voting no. It was noted by Gerry Dahl that corrections can still occur to the map. Meredith Reckert and Gerry Dahl, City Attorney, did a presentation regazding what City Council passed on, first reading to lower density. Further discussion continued with input from Planning Commission and the City Attor{~ey. Commissioner CERVENY and Commissioner SNOW continued discussion. Meredith Reckert requested clarifications on density in regazd to driveways and internal access roads. A motion was made Commissioner SNOW, seconded by Commissioner THOMPSON to approve amendment # 2 on the CMI memo dated August 13, 1997 attached as exhibit `A' with the an exclusion of driveways and access to parking area from the definition of maximum density. Motion carried 5-1, Commissioner RASPLICKA voting no. A motion was made by Commissioner SNOW, seconded by Shockley to approve Amendment 1 on CMI Memo dated August 13,1997 attached as exhibit `A' Motion cazried 6-0. Planning Commission Minutes August 14,1997 Page 3 A motion was made by Commissioner THOMPSON, seconded by SNOW to approve Amendment 3 with additional language added per Barb Cole attached as exhibit A. Motioned carried 6-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY to continue the ordinance regarding PRD site design criteria to the September 4, 1997 Planning Commission meeting. Motion carried 6-0. Adjournment: Meeting was adjourned at 10:10 p.m. by consensus. ~3c;H t ~ ~T' `~4 ~ ' COMMUNITY MATTERS, INC. INTEROFFICE MEMO CONFRONrrNG AND RESOLVING PRESSING COMMUMTYISSUES SINCE 1986 Date: August 13, 1997 To: Planning Commission and CPRC CC: Department9Geny Dahl, C ty Atto ey ReckeR, Planning From: Barb Cote Hebert, CMI RE: Comprehensive Pian Amendment Nancy Snow, chair of the CPRC asked that we update the memo dated August 7, 1997 regarding the changes required to accompany the residential land use. map in the existing comprehensive plan as requested by the Cify Attorney, Gerry Dahl. These are outlined as three (3) separate amendments that will require the vote of Planning Commission. All three amendments are procedural safeguards. Amendment # 1: Change text describing residential land use to reflect new zones9V'23 and 24 ns The following language is contained in the current 1976 Com ate is corn Pete, theO9lowing language Until the future land use map for the comprehensive plan upd p needs to be adopted as an amendment to correlate with the changes to the zoning ordinance. 1, Reside9 ial This category inGudes all structures or establish Penis for pe d accortdinsido the includin private household units, both owner and renter oceu led, groupe 9 number of family units in the residence; group quarters or residential institutions for permanent non-family occupancy in which lodging accommodations are provided with or without meals; mobile home parks of a permanent nature. ett~ a) rnl I e e resr tr 1, a minimum of Y: unit per acre b} single family residential, l-5 units per acre c). single family residential, 8-9 units per acre _ - d} single familylduplex residential, 47 un'rfs per acr2 e} multi-family residentia1,10-12 units per acre f) apartments and condominiums, a maximum of 16 units per acre Amendment # 2: Add wording contained in memo to City Council, Planning Commission and CPRC regarding definition of `Net Density'. New paragraph to be inserted after density figures in the comprehensive plan as follows: Net density is the number of dwelling units allowed on an area of land excluding ail streets and roads, whether Puublic wthi aor through thel dev fopm~r~ted or reserved width for circulation for the traveling p . Amendment # 3: Add wording contained in memo to City Council, Planning Commission and CPRC regarding maximum density. Maximum density shall not exceed the stated number. This per acre maximum is not a' guarantee and shall only apply if all site development standards and rezoning evaluation criteria are adhered to dditional site design criteria will be added to all zoning disc 'cis upon adoption of a revised mprehensive plan as directed by City C until. (y11 `~-~ .~ Ind usQ. ~ ~~-e+~e Con din ~ t~l iY1 I.l~st piavl d~ gnd~es o fanq~e o~ cbe~s ~ ~r s, i>1 ~ ~lo~e, na~hd- ~e ha~~ ~ = n1 ~.,,~ {awl use- ~I~ P2.D CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLlO Council Bill No. 29 Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 26-25(IV)(B)f1) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SITE DEVELOPMENT REQUIREMENTS FOR PLANNED RESIDENTIAL DEVELOPMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life' and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council #urther finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-25fIV)(B)(1) of the Wheat Ridge Code of Laws is amended by the addition of a new paragraph (I) at the end of said Section, following paragraph (k), to read: 1) Intent and Purpose The intent of the following design and development standards is to encourage the creation of safe, adequate and attractive development and to minimize views of unattractive uses or activities through use of sound design principles GED\53027\257241.02 and establishment of minimum requirements. The standards set forth herein have been conceived to enhance the compatibility of dissimilar uses and increase property values. Site Design Requirements 7) All new development shall be designed in a way that respects existing development on adjacent sites. This can be achieved by addressing the following: • Compatible building massing and scale; special attention shall be given when new development is adjacent to existing residential; • Provision for consolidating access points with abutting properties through joint access easements or other negotiated means; • Provision for making sidewalks, pedestrian paths or bicycle paths contiguous with abutting properties in all instances where pedestrian amenities are present; 2) All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to: • Minimize adverse impacts on any existing residence or area zoned for residential use; • Reduce disruption to the existing terrain, vegetation, habitat areas or other natural site features; • Reduce or consolidate the number of access points onto a Class 2, Class 3, or Class 4 arterial or collector street as defined in the adopted Roadway Classification Standards for the City of Wheat Ridge; • Improve pedestrian or vehicle safety within the site and from the site to adjacent Uses or streets; • Improve pedestrian connections within the site and from the site to adjacent Uses; • provide additional living landscaping or site amenities; • preserve existing landscaping or site amenities; • reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures. cco~saoz~~zs~zs!.oz _2_ 3) All development including buildings, walls and fences shall be so sited to: • Complement existing residential development in scale and location; • Provide an adequate system of sidewalks or an off street system of pedestrian and bicycle paths in conformance with the City of Wheat Ridge's adopted Parks and Recreation Plan as well as the Jefferson County Open Space Plan; • Create pocket parks or green spaces that at a minimum provide seating and landscaping. • Exterior walls of all primary structures shall be designed on a pedestrian scale by; [] fragmenting them into smaller or multiple structures; (] providing mature landscaping and manipulating the land form; [] placing well texture at eye-level; and/or_ [] clustering small scale elements such as planter walls around the primary structure. • Insure that ground floor uses, if a commercial component is included, are oriented toward the pedestrian with storefironts that open onto the street as well as other pedestrian oriented spaces. • Provide a landscaped area at least ten feet wide containing dense planting between the front property line of any use and any outdoor parking or service areas: • Provide special and visual connections to adjacent properties to prevent the sense of a fully gated or enclosed. community. 41 Minimum conflict shall exist between service vehicles, private automobiles, and pedestrians within the site and an equal amount of attention shall be given to both auto and pedestrian travel. 5) All development shall provide at least three or more of the following design features or use attributes as a condition of development approval; outdoor seating areas useable spaces located in sunny places GED\53027\257241.02 _g_ affordable housing assisted living facilities pathways to civic uses and amenities parking placed totally behind the primary structure, below grade, in a parking structure or limited to one side of the building. 6) All streets and pedestrian paths shall connect with existing or planned thoroughfares within the City of Wheat Ridge. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances R oealed. 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. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 11th day of August _ 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for geptember 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 1997, , SIGNED by the Mayor on this day of 1 g97, DAN WILDE, MAYOR GeD\53027\257291.02 _a_ ATTEST: WANDA SANG, CITY CLERK First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY GED\53027\257241.02 _5_ caves . ~la~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLl0 Council Bill No. 30 Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 26-30{D} OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CONSOLIDATION PLATS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Wheat Ridge Code Of Laws, Chapter 26, Zoning Code, Section 26-30, Subsection (D) "Development on Multiple Parcels or Lots (Consolidation Plat or Deed), is hereby amended as follows: fD) Deve/opment on Multiple Parce/s or Lots (Consolidation Plat or Deed): It is the intent of the City of Wheat Ridge that where a development entails the aggregation or consolidation of two {2) or more lots or parcels of land or portions thereof in order to accommodate such development, such shall be considered a development lot. Prior to issuance of a building permit in such instances, the owner shall file a consolidation plat or consolidation deed, together with certified boundary survey, which plat or deed and survey can\saozv\zs~zaz.oz shall be reviewed by the department of public works for accuracy and, if fiound to be accurate, shall be recorded, by the owner, with the Jefferson County Clerk and Recorder. All consolidation plats or consolidation deeds for multifamily dwelling development shall be accompanied by a Type I site plan, as set forth by Section 26-6fE) of this Zoning Ordinance. Such consolidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice requirements and approval procedures and standards for review as for a Planned Building Group. The purpose of these provisions is to avoid the construction of overly large buildings which may negatively impact surrounding neighborhoods by increasing traffic, creating congestion by ingress/egress points obstructing light and air and by making access for fire protection difficult, and to prevent construction of one 11) large building to avoid compliance with the'subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design of setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage facilities. OR PARC LS OF LAND WHICH ARE INCLUDED IN THE RESIDENTIAL-3 (R-3) OR RESIDENTIAL-3A (R-3A) ZONES AND WHICH ARE INDIVIDUALLY SUBSTANDARD FOR MULTIFAMILY DEVELOPMENT, BUT WHICH WOULD MEET THE LOT SIZE AND WIDTH REQUIREMENT FOR SINGLE OR TWO FAMILY DEVELOPMENT, SHALL NOT BE CONSOLID>aTED FOR- THE PURPOSE OF MULTIFAMILY RESIDENTIAL DEVELOPMENT UNLESS THE PREDOMINANT ADJACENT LAND USE IS MULTIFAMILY DEVELOPMENT OF A SIMILAR DENSITY. Section 3. Satety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability• Conflicting Ordinances 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. INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to ~ on this ~ 1th day_ of _Aupust_ 7 997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. GED\53027\257242.02 _Z_ READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote this day of 1997' of to 1997. SIGNED by the Mayor on this day of ATTEST: WANDA SANG, CITY CLERK First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, C17Y ATTORNEY GEO\5302'11257242.02 3 ~~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLlO Council Bill No. 31 Ordinance No. __, . Series of 1997 TITLE: R DGE CODE OF LAWS DIONCERNINO PLANNED)BU(ILDOG GROUPS EAT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Leoislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity andTheeCo'unco furtherlfinds that the quality of life and residential neighborhood stability. ordinance is also necessary to achieve the following goals: 1 _ To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of 'the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of li#e in the City of Wheat Ridge for present and future residents. Section 2. Section 26-30(c)l4)(d) of the Wheat Ridge Code of Laws, concerning standards for review of Planned Building Groups, is hereby amended by the addition of a new paragraph 1 1, to read: 11. Whether the proposed density lif residential) and character of development is compatible with the predominant character of surrounding uses and development. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat GED\53027\257243.02 r Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of beads a ational relationdto therproper egislat veuobject sought to be atta ned the Ordinance Section 4. Seve bility• Conflictinn Ordin~n~es Resealed. 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. Effecti__ ~e Date• This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. 8 to ~ INTRODUCED, READ, AND ADOPTED on first reading by a vote of 11th day of August 1997, ordered published in full in a on this newspaper of general circulation in the City of Wheat R 997aad7P001o'c ock'p ma in consideration on final passage set for September 8 _ the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second 1997na1 reading by a vote of to ,this day of - SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\257243.42 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 2 ~.-Z Cfc~ )~~c -- aK CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLlO Council Bill No. 32 Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS 1N THE R-2 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, alt in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on two essential components of residential density: (1) minimum lot area and (2) minimum land area per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2 District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1 {e) to reduce density in any zoning district. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: G6D\5302712597.95.03 redevelopment, or (3) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Section 4. Safet~Clauce, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Sgverability• Confli ting Ordinances 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 6. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.1 1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of August ,_ 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1 gg7, at 7:00 o'clock the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote ofi to ,this day of 7 997_ SIGNED by the Mayor on this ,day of ~ 1997 DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK G6D\57027\257295.03 3 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED\5302']\25'1295.03 a i Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies- and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-14 of the Wheat Ridge Code of Laws, Residential -Two District (R-2), subsection lFl, entitled "Development and Use Regulations," is amended as follows: 2-Family Dwelling: minimum lot area: a-;598 15,000 square-feet. Section 3. Section 26-14(F) is hereby further amended by the addition of a new' footnote (k), to read: (k) The requirements of Section 26-7(D)(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 two-family dwellings in the R-2 district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (21 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 f3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place, (2) redevelopment of a property where reconstruction of a structure is only part of such GED\53027\257245.03 2 ~. !2-zA ~~~ 1~ o ~~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLlO Council Bill No. 33 Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Coundil has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on two .essential components of residential density: (1) minimum lot area and (2) minimum land area per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2A District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1 (e} to reduce density in any zoning district. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\257251.03 Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality ofi life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-15 of the Wheat Ridge Code of Laws, Residential -Two A District (R-2A), subsection {F), entitled "Development and Use Regulations," is amended with respect to 2-Family Dwellings as follows: 2-Family Dwelling: minimum lot area: 9,088 10,800 square feet. Section 3. Section 26-15(F) is hereby further amended by the addition of a new footnote (I), to read: (I) The requirements of Section 26-7(D)(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 two-family dwellings in the R-2A district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place, (2) redevelopment of a property where reconstruction of a structure is only part of such GED\53027\257251.03 2 redevelopment, or (3) reconstruction of structures which were not legally in existence {as distinguished from legal nonconforming structures). Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability• Conflicting Ordinances Reoealed. 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 6. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.1 1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to ~ on this 11th day of August_ ~ gg7, ordered. published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of_ __ 199.7. _. SIGNED by the Mayor on this day of 1 gg7. DAN WILDE, MAYOR ATTEST: -.. - WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E_ DAHL, CITY ATTORNEY GED\53027\257251.03 3 First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\257251.03 17 -Z..4 v~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLl0 Council Bill No. 34 Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, atl in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on two essential components of residential density: (1) minimum lot area and (2) minimum land area per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2A District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1 (e) to reduce density in any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\257254.03 Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. Tlie Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while ai the same time recognizing the legitimate concerns of tfie surrounding neighborhood; 3. To implement the policies and recommendations of the .Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-15 of the Wheat Ridge Code of Laws, Residential -Two A District (R-2A), subsection (F), entitled "Development and Use Regulations," is amended as follows: Multifamily (3/more dwelling unitsl: minimum lot area: "T~88-13,050 square feet. Multifamily (3/more dwelling units): minimum land area per unit: 4,988 4,350 square feet. Section 3. Section 26-15(P) is hereby further amended by the addition of a new footnote {m), to read: (m} The requirements of Section 26-7(D)f2} 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 GED\53027\257254.03 2 construction where no replacement of a preexisting structure takes place, (2) redevelopment of a property where reconstruction of a structure is only part of such redevelopment, or (3) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability: Conflicting Ordinances Reoealed. 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 6. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.1 1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to ~ on this 11th day of August ,1gg7, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this _., day of 1997. SIGNED by the Mayor on this day of ATTEST: 1997. DAN WILDE, MAYOR WANDA SANG, CITY CLERK GED\53027\257254.03 3 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\257254.03 ¢ ~-3A ~v!-a'-t 6k- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLlO Council Bill No. 27 Ordinance No. Series of 7997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on two 'essential components of residential density: (1) minimum lot area and i2) minimum land area per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District; and WHEREAS, the City Council is authorized by Charter Section 5.1O.i(e) to reduce density in any zoning district. BE IT ORDAINED BY THE CITY .COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GEU\53021\25~26G .03 Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-17 of the Wheat Ridge Code of Laws, Residential -Three A District (R-3A), subsection {F), entitled "Development and Use Regulations," is amended as follows: Multifamily f3/more dwelling units): minimum land area per unit: 3,-899 3,960 square feet. Section 3. Section 26-17(f=) is hereby further amended by the addition of a new footnote fk), to read: Ik) The requirements of Section 26-7{D)(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-3A 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 f3) such reconstruction is restricted to replacement of the structure which has been' destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place, (2) redevelopment of a property where GED\53027\2572G6.03 2 reconstruction of a structure is only part of such redevelopment, or (3) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structured. Section 4. Safety Clause.. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability• Confli ting Ordinances Reoealed. 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 6. Effecti_ ve Date. Shis Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _~ to 1 on this ,~h day of AuQUSt 1.997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of, 1 997. SIGNED by the Mayor on this day of 1997_ ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK GED\5302'1\25'1266.03 3 APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\257266.03 4 P~-D ~Ce~.s~~ D~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 28 Ordinance No. Series of 1997 TITLE: ,4N ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS IN PLANNED RESIDENTIAL DEVELOPMENTS IN THE PRD DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, the City Council wishes to implement certain of these recommendations within the PRD District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1 (e) to reduce density in any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties GED153027\2581 i 1.0i within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-25(IV)(B)(1){c) of the VNheat Ridge Code of Laws, Planned Residential Development District (PRD), is amended as follows: (c) Density: maximum ~^~^~; sixteen {16) units per acre. Section 3. Section 26-25{IV)(B)(1)(K)(3) of the Wheat Ridge Code of Laws, Planned Residential Development District {PRD) is amended to read: Land used for commercial uses shall be calculated separately and may not be included in the land area used to calculate the maximum of ~wea#~y-m,e-rr2T; SIXTEEN {16) RESIDENTIAL units per acre e~;a.r*~-. To ensure this, where commercial uses are a-part of a Planned Residential Development, the area used for commercial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc. If the commercial uses are part of a generally residential building, or for other reasons cannot be clearly separated from the residential areas, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress-egress, landscaping, roadways, etc. Commercial ventures solely for the use of the residents, such as food service, laundry facilities, etc., shall be considered an amenity rather than a commercial use, and the land and buildings occupied by such uses are not required to be subtracted from the total acreage before computing the maximum of ~,;z^^„~y~,e--(-2~-1 SIXTEEN {16) RESIDENTIAL units per acre. GED1530271258111.01 - - -- _2_ Section 4. Safety Clauca. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability• Conflicting Ordinances Reoealed. 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 6. Effecti_ ve paw. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of g to p on this ilth_ day of August 1987, ordered news a er of published in full in a p p general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997,. at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of ,_1997 SIGNED by the Mayor on this day of ATTEST: WANDA SANG, CITY CLERK .1997..___ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GtRALD E. DAHL, CITY ATTORNEY GED153027\258117.01 -3- First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GED153027~258111.01 -- 4- h~ul~t ~~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLl0 Council Bill No. 37 Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-3 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and' WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has 'received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on two essential components of residential density: (1) minimum lot area and (2) minimum land area per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3 District; and WHEREAS, the City Council is authorized by Charter Section 5.10.7 (e) to reduce density in any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: GED\53027\257265.03 Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-16 of the Wheat Ridge Code of Laws, Residential -Three District (R-3), subsection (F), entitled "Development and Use Regulations," is amended as follows: Multifamily (3/more dwelling units): minimum land area per unit: 2-1-89 3,630 square feet. Section 3. Safe Claus The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Seyerabilitv: Conflicting Ordinances Reoealed. 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 Rate. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\257265.03 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 11th day of August 19g7 ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this _day of _ 1997_ SIGNED by the Mayor on this _day of 1997. ATTEST: WANDA SANG, CITY CLERK First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: DAN WILDE, MAYOR' APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY GED\53027\257265.03 3 . ~'G v. d~~s~ ~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 38 Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS IN THE PCD DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, the City Council wishes to implement certain of these recommendations within the PCD District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1(e} to reduce density in any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City. The Council further finds that development of available vacant properties and redevelopment of existing built properties GED153027V2581 t3.Ot within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: 1. To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents. Section 2. Section 26-265(IV){g)(1){J)(3) of the Wheat Ridge Code of Laws is amended as follows: Where residential uses are part of a Planned Commercial Development, the land used for commercial purposes shall be calculated separately, and may not be included in the land area used to calculate the maximum of *•^•^~*y ~~~~m ~~ er SIXTEEN (16) RESIDENTIAL UNITS PER ACRE. To ensure this, where residential uses are part of a Planned Commercial Development, the area used for commercial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc. If The commercial and residential uses are mixed in the same building or for other reasons cannot be clearly separated from the residential area, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress-egress, landscaping, roadways, etc. Commercial ventures solely for the use of the residents, such as food service, laundry facilities, etc., shall be considered an amenity rather than a commercial use, and the land and buildings occupied by such uses are not required to be subtracted from the total acreage before computing the maximum of _ SIXTEEN (16) RESIDENTIAL UNITS PER ACRE. Section 3. Safety Clause.. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat GED153027~2581 7 3.07 _2_ Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability' Conflicting Ordinances Resealed. 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. INTRODUCED, READ, AND ADOPTED on first reading by a vote of $ to ~ on this 11th day of August 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 1997• SIGNED by the Mayor on this day of , 1997• DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: August 22, 1997 Second Publication: Wheat Ridge Transcript Effective Date: GE015307.712581'13.01 _3_ TO: _ Comprehensive Plan-Review Committee ~~ FROM: Density Subcommittee RE: Recommendations for Contents of Density Plan to the City Council DATE: Apri120, 1997 ~. The attached recommendations are the result of the work of the density subcommittee. You will note, however, that most of the recommendations were already discussed at a meeting of the main comp plan committee two meetings ago, and incorporate the numbers and consensus received on that evening. Please read. them carefully. We expect to discuss and a_ gree on the final version this Wednesday night. Below is a chart of the'square footages required in the current zoning ordinance, and what that translates into on the basis of units per acre. You should find it helpful in understanding the various recommendations. R-1 12,500 per unit 3.48 units per acre R-lA 9000 4.84 " R-1B .7500 `< 5.81 " R-1C 5000 8.71 <. « R-2 (double) 6250 6.97 " R-2 (single-family) 9000 4.84 " R-2A (single-family) 7500 5.82 `~ " R-2A (double) 4500 9.68 " R-2A (3 or 4 plex) 4000 10.89 " J ary o° oT ~ o~ _ v a ~~ I ~~ '^v 3~~\ ` - ~ ~ W ~ ,v O ~ ~p 1 ~i O+ 7 7 ? ~ p~ d Cep ~ ~~ ~ ~ p O m 0 m w O m n o ~ -- --~ ~` DENSITY RECOMMENDATIONS I. COMPREHENSIVE PLAN CHANGES A. Change categories in the comprehensive plan to: Low Density: Medium Density: High Density: Very High Density: Note major changes: 1-5 units per acre, consider allowing up to 6 units per acre if detached single family. 6-9 units per acre 10-12 units per acre" Z 13-16 units per acre 1. Brackets are different; and lower. .~% 2. Duplexes in the R-2 zone category will now fall in the medium density category, rather than the low density category. This clears up the discrepancy between the current comprehensive plan, which, because low density goes up to 7 units per acre, includes duplexes (6.97 per acre) and the zoning ordinance, which refers to the R-2 zone district as "medium density." 3. Anew category--Very High Density--has been added. Language needs to be added in the comprehensive plan to say that the Very High Density Category should be allowed in a Planned Residential Development, not as a use by right. {See comparable changes in the zoning ordinance, below.) to 6 units in the low density category, 4. If the committee agrees to allow up rather than a maximum of five, if they are detached single-family homes, then an impetus to encourage detached single-family homes has been added. B. Add language to the comprehensive plan to specify that the above densities are to be computed after either public or private roads are subtracted from the overall land. Rationale: Although, according to Glen, the standards of the Urban land Institute has been to compute land to the center of the road, Wheat Ridge has been inconsistent on this. If the land is already gone (i.e., the streets were previously dedicated and the developer does not own them) only the land he owns is used for any computation. However, what has happened on PRDs is that the developer will establish internal roads not dedicated to the city, count this in his total acreage, and thus make it appear, at the time of presentation to the council for a rezoning, that the density is lower than it would appear if the roads were subtracted first. Driveways, of course, would not be subtracted, only internal circulating roads connecting to city streets. This would establish a uniform policy and standard. C. Add additional language that land designated on the future land use map in these categories only designates a ran a of densities, that there is no absolute 'ght to have the highest density in that zone category, and that it is expected that- actual development will contain units at the lowest to the highest allowed density, depending on its compatibility with other development in the neighborhood. D. Additional language changes/recommendations/standards may need to: be included in the comprehensive plan after the committee has agreed to final recommendations on the changes to the zoning ordinance, so that they make a coherent whole and are legally defensible. II. CHANGES IN THE-ZONING ORDINANCE A. Change land required per unit in the following zone categories: 1. Change(increase) required land for etch unit in the R-3 zone from the present 2000 ~ jK square feet to 3600 square feet._ Note that this corresponds to the High Density 1/ category in the revised comprehensive plan. Apartments would still be a use-by-right .P in R-3 zones but at a lower density. A higher density would be allowed in a PRD, see ~2, below. A comparable change would have to be made in the R-3A zone category. ~ 2. Change the maximum density allowed in a PRD to nits per acre. 't`his would correspond to the Very High Density category. y3- Note: Since this would be a rezoning, there would be the right of "legal protest" and a "super-majority" vote, i.e., 6 votes instead of five. (The alternative of a Special Use Permit within the R-3 zone instead of a PRD was considered, and abandoned, as being too easy to get. Site plans are also usually used to review for layout, not density. In a rezoning, the justification for the higher density would have to be established.) Additional recommendations for changes to the PRD zone: Gp '„ ,~,,,~~Q a. -The 16. units per acre would always require a "super-majority" vote, whether t'u`"~~ or not there is a legal protest. /„_„e ~.. J b. 16 units per acre would be allowed only if the density of the development ~z -2.', would be compatible with the surrounding neighborhood. c. The vagueness of the criteria in the PRD zone category should be amended to ;:: 7 be considerably more specific, detailed and enforceable. As an example, phrases in the current PRD category such as "create excessive traffic" would be quantified. d. The requirements for landscaping, setbacks, maximum building coverage and bulk recommended below would also apply to the PRD zone district. e. A rationale for approving would be the provision of affordable housing for young families or assisted living facilities for seniors (not regular senior housing) since these are two kinds of housing deficient in the city. f. Note: Although there was no council request for recommendations for changes in other than the R-1, R-2 and PRD zoning categories, these limitations should also be considered for the Planned Hospital Districts since residential uses are allowed there and the criteria an 'nds of allowed uses are vague. 3. Increase the land required for duplexes in the R-2 zone category from 12,500 to d~L 15,000. Possibly make consistent increases in the R-2A zone also. Rationale: In the existing zoning ordinance, asingle-family home in the R-2 zone requires 9000 square feet, but a duplex requires only 12,500 square feet for two units, or 6250 per unit. If the city now feels that attached units have been overbuilt, and that it wishes to encourage single-family detached homes, then it is no longer logical to give a density break--i.e. encourage-- the building of duplexes. The committee has noted that a few (very few) of the persons attending the meetings spoke of liking the affordability of townhomes, but the somewhat cheaper price of townhomes depends on two things. One is construction--less roof, common walls, sometimes sharing driveways etc. and the other is less land per unit. If the city does not want to encourage density, and does want,to encourage detached single-family homes, then requiring less land for half of a duplex than one single family home is not the way. Note though, that the 15,000 recommendation above is not twice the amount of land required for a single family home. The square footage required for a duplex would have to be increased to 18,000 to exactly equalize the amounts per unit. ~ B. Change Landscaping Requirements ~-"3 1. Increase the current requirement of 25% to 35%-40%. ~~ - 2. Make 55% (possibly more?) of the required landscaping "usable," which includes ~ requirements for: continuity and "singularity"--specified amounts in a single and usable space ~ buffering located with regards to safety of residents located near where residents would naturally use it V Note: The present requirement for landscaping all along the street, and the new ~ prohibition against any parking in front, can be at odds with the above concepts of "us` as :' It improves the appearance of the street, but may encourage large amounts of landscaping in front, where parents. don't want their children to play, and which is also not very inviting or usable for residents of all ages. C. Change Allowed Maximum Building Coverage J~ 1. Decrease the allowed building coverage from the current 40% to 30% in.the multi- family zone. districts. Note that the decrease in building coverage and the requirement for increased landscaping are both designed to ensure that the decrease in density translates into a more usable and resident-friendly environment, not just allowing developers to cover the lots with either larger units or increased paving and other non-living ground cover. Note: The neighborhood meetings produced some comments about "monster houses" in the single-family zone districts also, but the sub-committee neglected to discuss this: The main committee may wish to include some recommendations to reduce maximum allowed building coverage in these districts also. D. Change Setback Requirements. With the exception of the required front yard setbacks, the setback requirements in the current zoning ordinance are minimal--10 feet for the first two stories and five feet thereafter. ~ _ L A /2 3 /L - 3 !a- 1. Increase to 10 feet for the first story and five feet for each additional story. _ 2. Consider increasing setbacks relative to: ' ~- 2 ~~, a. Bulk--size of the building. (See E. Bulk, blow) J ~- ~ 7i C/-"~'D b. What is next door--both the use(residential or commercial) and the height and scale of neighboring properties. E. Add requirements for limitation of bulk or mitigation of bulk. Recommend to the council that it consider: ~~~ d' '~C~- 1. Allowing no one single building over : _?_ number of units; , 2) Allow single buildings no longer than ?_ feet. (or not more than-..,?! feet if one story, _?_ feet if two story or _?_ if three story) _ 3. In addition, or as an alternative, add some additional requirements or limitations depending on a "multiple effect" that is based on a multiple of the length of the building times the building height. 4. Require additional setbacks if over a certain size or height. 5, ' • " ~. f view corridors in site plans and PRDs. F. Add consideration of density to the Planned Building Group and Development on Multiple Parcels zone districts. The criteria for approval under these two categories does•not include density. 1. It is recommended that density, and the compatibility of density with the s unding neighborhood, be an additional criteria for approval or denial. G: Provide that it is no longer ause-by-right to combine lots already O,~ developed as single family so as to increase density or change housing style. ~ 1. Add language to the R-3 and R-3A zone districts to say that„ once an area zoned R-3 UUU~' .~D , or R-3 A has been subdivided into lots of the size required for single family homes and yA'- ss than the minimum size required for multi-family buildings, that the single-family u is now considered the intended density and building type for that area (subdivision?) and it is no longer a use by right to combine lots for higher density and non-single family uses. ~~ Rationale: One of the biggest contributors to incompatible development in the city has been the "pyramid zoning" in the zoning ordinance, in which the R-3 zones make it a use by right to develop single family homes, duplexes and apartments in the same zone district and often next to each other. The incompatibility in the future could become even worse as single family homes in these districts become older and developers consider razing them, combining lots, and building apartments. The recommendations in this section G and H, below, as well as the rezoning recommendations in part III; are crucial to prevent this. H. Eliminate"Pyramid Zoning" L! For the reasons given above, pyramid zoning should eventually be eliminated. However, this should be one of the last steps, and not even considered until most of the above recommendations, and the rezoning actions considered below, are accomplished. Note: If the rezoning actions recommended below are carried out, then eventually the R-3 and R-3A zone districts will be occupied by apartments or undeveloped land the city has made a conscious decision that it should be developed high density, rather than the hodgepodge of single family homes, duplexes and apartments it is now. I. Provide that the above amendments to the zoning ordinance will not make buildings lawfully in existence at the time of the changes anon-conforming use subject to amortization and phasing out of existence, but that additions and new development will have to meet the new requirements. J. Add a new zoning category to the zoning ordinance, aRural-Estate Elass of one half acre and/or allow half acre lots in the agricultural zone district, as a way of preserving agricultural land' and encouraging lower density. III REZOI~TINGS A. Developed Parcels __ 1.. After the land-per-unit changes have been amended into the zoning ordinance, examine all R-3, R-3 A and R-2A parcels already developed multi-family_to evaluate how they would fit into the surrounding neighborhood if developed to their full density under the new ordinance. If they would be compatible, leave the existing zoning. If not, rezone to R-3A or R-2A (the latter is possible only for duplexes, triplexes and four- plexea) depending which is most compatible with the surrounding neighborhood and if this can be done without making them non-conforming 2. P els zoned R-3 -3A or R-2A , b t develo/peed ~ sin__gpple family, should be rezoned to -1B. G'~~~~~ ~.~~~ (~4~'l 3. Parcels zoned R-2, but developed as single family, should be rezoned to R-lA. _ ) B. Undeveloped Parcels. 1. The same kind of evaluations and possible rezonings should be done for ` undeveloped land, so that future building is compatible with surrounding development. C. For the purpose'of the above, the city should develop a land use map of q existing density (as contrasted with existing zoning or existing land use.) G~ IV Subdivision Regulations The state (statutory) definition of "subdivision" includes the development of multiple ~~ units, whereas Wheat Ridge.subdivision regulations do not. Redefining "subdivision"' in the city's subdivision regulations to match the state definition would give additional control over the development of multi-family housing. r 03iO1/9i FRI 14:42 Fit JOJ 29S 0.21 __ _ __ _. .. ,,. 1' ~~00' `~m ~~~ ~'~g ~' G TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-2 DISTRICT GORSLCH `nIRGIS /~ - Z ~UPC.~x CITY OF WHEAT RIDGE, COLORADO INTRODUCED i3Y COUNCIL MEMBER Council i3i11 No. Ordinance No. Series of 7997 WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehcnsive Plan concerns residential density; and WHEREAS, the City CounciE•~•has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and • WHEREAS, the City Council has receivcd and reviewed the recommendations of the Comprehensive Plan Aeview Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the rccomrnendation of the Planning Commission Edncerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: i11 maximum allowable (net) density, (2} minimum lot area, and (3) minimum square feet per residential unit; and ~, ~ - _. WHEREAS, the City Council wishes to implement certain of these recommendations, within the R,-2 District; _ _ i3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF, WHEAT.. RIDGE, COLORADO: _ .. • _ r; - _ Section 1. Section 26-14 of the Wheat fridge Code of Laws,' Residential -Two District (R-2), subsection (F}, entitled "Development and Use Regulations," is amended with respect io 2-Family Dwellings as follows; cZD\57327\237253.01 03i01i9i iFI 1-1: -{'_ F.~LI 303 .9S 0?15 GORSCCE SIRGIS Lrj 003 (a) fb) minimum lot area: 15,000 square feet. 'Maximum net density shall not exceed this number. This.per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads,, whether public or private, to their full platted, dedicated or reserved width far circulation of the travelling public within or through the development. Section 2. S_ afety Clguse 7'he City Council hereby finds, determines, and declares that this Ordinance is promuigated,.ttnder the general police power of the City of Wheat Ridge, that it is promulgated for tli'e~health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and tiveltare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. S®dion 3. ;aeyerebility• ConflicBnn n .a• ~~~ R o • or clause of this ordinance shall be deemed to be unconstitutional orn therw;se invalidc 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 4. fyffective Daig. This Ordinance shall take effect fifteen days after final ' publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote•of - to' on this day of _ 1997, ordered newspaper of general circulation in the City of Wheat Ridge and Publc Hearing'and consideration on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge9Colorado00 o'clock p.m., in "READ, ADOPTED AND ORDERED.pUBLISHED on second and finai'reading by a vote of _to . _. ,this day of -7 997. SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR Gc.D\33027\]572<5.01 2 LJ • 03~O1i9i FRI 11:13 F.it OOJ ?93 0°°15 GO~SCCH nIRGIS [~ OOo tai , • (b} minimum lot area: IO,g00 ~8z56•square feet. "Maximum net density shall not exceed this number. This per- ~ _ acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling Units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the • travelling public within or through the development. Section 2. Safety SE~u~g. The City Council hereby finds, determines, and declares that this Ordinance is promulgated:under the genera! police power of the City of Wheat Ridge, that it is promulgated for ffj'e ~heatth, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safely and for the protection of public convenience and welfare. The Ciiy Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3.• Sev obit' nfl' r in n Re led, If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise inGalid, 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of • 1997, ordered published in full in a newspaper of general circulation in the City of Wheat flidge and Public Hearing and consideration on final passage set for the Council Chambers, 7500 West 29th Avenue; Wheat Ridge9Coloaado00 o'clock p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this _ day of , 1997 SIGNED by the Mayor on this day of 1997. DAN WiLDE, MAYOR Gm\SJOZ7\157251.01 2 05i01i 97 FnI 11:13 F3_: 903 _S5 0_'15 _. GOFSCCH nIBGIS 4}QO( ATTEST: WANDA SANG, CITY CLERK y '" ~ '. _ APPROVED AS TO FORM 6Y CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: - ~~<; • ~J cm\s~on\zs~zsi.ai ' 3 _ _ - uoi ui/`J/ r:t1 1<:.: rii JUJ _53 U:1~ UU{j~~y ri1HC;ij ~ UU. • ATTEST: WANDA SANG, CITY CLERK _, _-. - ~ - APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY AT70RNEY first Publication: Second Publicztion: Wheat Ridge Transcript Effective Date: L J _ _ _ ,..~ t _ ~, - .l 1i - • GED\SJ 027~2573<3.01 3 'uo. uti>r rK1 1{: ~_ r'ii JU3 2y5 UY1J GU3JL L3 niitGiS _ _ ~ _ _ ~ CUS ' R - Z1~. DC~I~L E,~ . .~. ~ M,n//I~IcJM LUT INTRODUCEb BY COUN IL MEMi3ERLORADO Sf~~ ID~SO~ Council i3il( No. _ ~---- Ordinance No. - ----_ _ - Series of 1997 ' " -"'TITLE: - AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMtTAT10NS „ UPON TWO-FAMILY DWt"CLING UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Councils has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, sIl in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and Compr hensiftveAPlanhReviewCCommittee andrihe Planning Commission regardng'residential density; and • WHEREAS, the City Counci( has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three, essentfaf components of residential density: {1) maximum allowable (net} density, (21 minimum lot area, and (3} minimum square feet per residentie( unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2A District; . BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-15 of the Wheat Ridge Code of Laws, Residential -Two q District fR-2A}, subsection (F), entitled "Development and Use Regulations," is amended with respect to 2-Family Dwellings as follows: C"..D\5302\25231.01 • 6S~01i9i rnI 1-{:13 ii 3U3 295 0215 GOHSL'CH nIRGIS 0 065 . r2-Z~ ~ULTl .~ M t n/e JVl tlM LoT' • .- 51i?~ 13~0~~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council 8ilf No. -~^ Ordinance No. Series of 7997 - - - 71TLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DbVELL1NG UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Counrri}; has enacted a moratorium on rezoning to certain residential zone districts and on.the~issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in •an environment free from immediate development pressure; and ComprehensiRveAPlanhReviewCCommitteerand~the Planning Commission regardng'~esidential • density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and - WHEREAS, said recommendations,.include recommendations on three •essentiat comppnents of residential density: (1} maximum allowable (Hell density, (2} minimum lot area, and i3) minimum square feet per residential unit; and •... _... •.•. . WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2A District; ~ ='~ • • ~~ .~ BE IT ORDAINED BY THE CITY COUNCIL OF _THE •CiTY OF._ WHEAT -RIDGE, COLORADO: • .._ -- Section 1. Sectlnn 26-15 of the Wheat Ridge Code of Laws, Residential"- Two A District iR-2A}, suhsection (F}, entitled "Development and Use Regulations," is amended with respect to Multifamily (3/more dwelling units) as follows: ~' ~ . ~O {b) minimum lot area: i~,.5gg square feet. • ` c~\s»svl~susa.ai 03/01i9i FRI 1Y: -13 F.iS 303 _°98 0'215 - GOFSL'CH 'nI~2GIS -- - - - - 1009 ~icl minimum square f~t pnr~~ 4,350 square feet. • `Maximum net density shall not exceed this number. This per- ' acre unit maximum is not a guaranies of buildable units; maximum buildable units on a given site will be affected by _.,, _. -. _ site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding ail streets and roads, whether public or private, to their full platted, dedicated or reserved evidth for circulation of the travelling public within or through the development. Section 2. Safety taus The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare 'of the public and that this Ordinance is necessary for the pre~e~vation of health and safely and for the protection of public convenience and welfare. "~'he'City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. ~gyerahility Canflictina nrd'nan c R ~ a, 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 ar parts of ordinances in conflict with the provisions of this ordinance • are hereby repealed. Section 4. Effective Date. This Ordinance shalt take effect fifteen days after final publication, as provided by Section 5.7 1 of the Chatter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of on this day of ... to news a 1997, ordered published in full In a p per of general circulation in the City of Wheat Ridge and Public Hearing end consideration on final passage set for . the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colored ,00 o'clock p.m;, in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , .. ..1997. SIGNED by the Mayor on this day of ' ., ... .._ ,1997. DAN WILDE, MAYOR CED\33037\23]251. p1 2 08i Olrgi r'RS 1<:.-. Pdi 300 ?~S 0?15. GO~SI:C3 nI1GIS • ATTEST: WANDA SANG, CITY CLERK Firs? Publication: Second Publication: 4Vheat Ridge Transcript Effective Date: • • ' ceo\ssoz~\nsnsa.a: ~oic APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 3 os~oi~s~ ~t ia:a: ri; so.; ass osis coescca siacis • ATTEST: __ WANDA SANG, CITY CLERK Firs*. Publication: Second Publication: Wheat Ridge Transcript Effective Date: • s~ cep\s~ow\as»sa.o: ~oio APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY 3 • ~ 05/01/97 :::.I 1~{:~S riF 303 ?93 0?15 GORSL'C3 fiIRGIS ~- y !b) minimum Iat area: 9,000 square feet. 'Maximum net density shall not exceed this number. This per- _._ ,., acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. f CI us The City Counci! hereby finds, determines, and declares that this Ordinance is promulgatPti';rinder the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper Legislative object sought to be attained. • Section 3. Severab'riiiy• r'nnflictino Ordinan ec R alb, If any section, subsection or clause of this ordinance shat( 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 4. Effect[ye Date. This Ordinance shalt take effect fifteen days after final publication, as provided by Section 5.7 7 of the Chatter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to nn this day .of 1997, ordered published in full in a newspaper of general, circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge9Coloaa oOq o'clock p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ___ ,.this day of 1997 SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR • ' czn\sso~~\zsnsv.oi ' . 2 ~ 012 OSi 01/97 r"ti I lah riI 303 .9S 0_^15 GORSC'Cd %IRGIS f~i 013 ATTEST: _ - WANDq SANG, CITY CLERK First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ,.~, APPROVED AS TO FORtv1 SY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY • GSJ\5307')\757257,01 ~_ 3 ^^ ci.i 5Ua 93 0_15 GOaSL'CH AIRGIS ~ _ 011 03i 01i 97 r~I 11:11 '- ' • 2. - ~ ~ (~ C.T ~ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL h1EMBER Council Bill Nc. Ordinance No. Series of 7997 -` ~ TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-3 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Couppi!_ has. enacted a moratorium on rezoning to certain residential zone districts and on tfte issuance of building permits for duplex and multifamily units in thesa districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free firom immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the• • Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (l i maximum- allowable (net) density, 121.minimum lot area, and (3J minimum square feet per residential unit; and , . , . ,~ _ ~ ' WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3 District; ' ' $E IT ORDAINED BY THE CITY COUNCIL.OF THE CITY OFIWHEAT__RIDGE, COLORADO: .__ .~... _ ._ __ _. . Section 1. Section 26-16 of the Wheat Ridge Code of Laws, Residential -Three District (R-31, subsection (FI, entitled "Development and Use Regulations," is amended with respect to Multifamily (3/more dwelling units) as follows: _ (b) minimum lot area: 12,500 square feet. • aea\saon\asnss.oi OS/O1/9i FZ.I 1-1:+~ F.i.S 3U3 ?9S 0.1~ G0RSLC3 6IRGI5 CJ01~ (c} ~n/A A ~~ minimum square feet~per unit: 3,630 square feet. "Maximum net density shall not exceed this number. This per- acre unit maximum is not a guarantee of buildable units• maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself, Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation ~ of the travelling public within or through the development. Section 2. Safety Clause.. The City Council hereby f(nds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. C ~ J Section 3. Severab7litv;~onilicrinq Ordinances Revealed. 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. A!I other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5,11 of the Charter. ' INTRODUCED, READ,'AND ADOPTED on first reading by a vote of == ~"" to on this. - day of ~g97, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set•for , 7997,. at 7:00 o'clock p: m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado: " ' " READ, ADOPTED AND ORDERED PUBIlSHED on second end final reading by a vote of ~ to ,this , day of , ~ gg7, - - ` " SIGNED by the Mayor on this day of. , 1997. DAN WILDE, MAYDR cs~~saoa~~lsnss.oi 2 uo~ ui/`Jl ttil 1~:-k5 Y.ii :fUJ _.y.i U_15 GO~SL'CE FI3GIS ~7 010 . ATTEST: WANDA SANG, CITY .CLERK _ _ APPROVED AS TO FORM 8Y C1TY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: u • cm~ssaz~~.~s~zes.oi ~ 03i01i 97 ra! 19:15. FiS-a0a '_93 0?15 GOi:SGCd FIiGIS Q 017 CITY OP WHEAT RIDGE, COLORADO • INTRODUCED 6Y COUNCIL MEMBER Council Bill No. ~- -- Ordinance No, , Series of '1997 "" " "" ~ TITLE: " AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS " UPON TWO-FAMILY DWELLING UNITS (N THE R-3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CounciF has enacted a moratorium on rezoning to certain residential zone districts and on ifiie issuance of building permits for duplex and multifamily units in these districts, ail in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the.City Council has received and reviewed the recommendations of the • Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and • WHEREAS, said recommendations include recommendations on three essential components of residential density: {1) maximum allowable (net} density, (2} minimum lot area, and (3) minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1, Section 26-17 of the Wheat Ridge Code of Laws, Residential -Three A District (R-3A), subsection (F), entitled "Development and Use Regulations,' is amended with respect to 2-Family Dwellings as follows: GLD\3J02?\2$7239.01 ` ' 03101: 9? F3I 1;:-{S~Ei: JUO ?9S 0?i5 _ GORSLC3 nI~ZGIS ~ f~OiS -. .V (bi minimum lot area: 9,000 square feet. `Maximum net density shall not exceed this number. This per- _ acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Nat density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safetv ~=~~ The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of 4Vheat Ridge, that it is promulgated for.t}ie'ftealth, safety, and evelfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation io the proper legislative object sought to 6e attained. Section 3, we2bility• Conftlctirlq Ortlin~gs Reoealed. 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 4. Effective Date, This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _ on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge9Colorado00 o'clock p.m., in READ, gDOPTED AND ORDERED PUBLISyEO on second and final reading by a vote of to ,this day of 1997, SIGNED by the Mayor on this day of • aso~s~ozt~zsass.oi 1997, DAN WILDS, MAYOR 2 OS!U1.~9i FRI 14:16 r iC JOJ ?9S 0315 GORSCC3 nIRGIS - 1aj 014 ~- ATTEST: WANDA SANG, CITY CLERK First Publication: Second Publication: Wheat~Ridge Transcript Effective Date: . ~. .. APPROVED AS TO FORM $Y CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY • \J ~=~\51027\257259.01 3 03%01l9i F3I 1~:d6 'iS 303 ?9S 0"_15 GORSCCH fiIFGIS ~ 0?0 ~ -3>4 1~ v c..~--~ - CITY OF WHEAT RIDGE, COLORADO INTRODUCED $Y COUNCIL MEMBER Council 8i11 No. -"'- Ordinance No. , Series of 1997 _- -- - TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R•3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Cour;ejl~; has enacted a moratorium on rezoning to certain residential zone districts and on~itie issuance of building permits for duplex and multifamily units in these districts, a(I in order to permit the. revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and . WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council fias received and reviewed •the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (t} maximum allowahle (net) density, (2} minimum lot area; and (3) minimum square feet per residentia! unit; end ~ - WHEREAS, the City Counci) wishes to implement certain of these recommendations within the R-3A District; -SE 1T ORDAINED BY THE CITY_COUNCIL OF-~THE~CITY OF-WHEAT-RIDGE, COLORADO: -• -- Sectiori 1, Section 26.77 of the Wheat Ridge Code•oi Laws, Residential -Three A District (R-3A), subsection (F), entitled "Development and Use Regulations,' is amended with respect to Multifamily (3/more dwelling snits) as follows: fb) minimum lot area: 12,500 square feet. • .. csDlsaoz~lls7~cc,ai 0Si01:9? FRI 14:56 F.tS 30J ?93 0?16 GORSL;CH nIRGIS ~ f~AZ1 {c) CAi/A f12-i;A minimum square feet~per unit: 3,360 square feet. CJ "Maximum net density shat( not exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site wilt be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved .width for circulation of the travelling public within or threugh the development. Section 2. Safejy Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. ~=7tie City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. . Section 3. Severability•Gonfli ttnn Ordinances Reoealed. 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 4. Effect;ve Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.1 1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of_ - , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for ~ , i 997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ~ . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this dey of , 1997, ., _ _.. ,z., .. , . __ . SIGNED by the Mayor on this day of ~ , 1997. .. DAN W1LDE, MAYOR cEn~s3oa~~as»c6.oi ~ 2 • 03iOli9i Fni 1-1::o F.iI 003 293 0:15- - G035CCE 'nI3v^I5 Q' 0?? J ATTEST: ` WANDA SANG, CITY CLERK __ _ _ .. _ APPROVED AS TO FORM 6Y C[TY ATTORNEY GERALD E. DAHL, CITY ATTORNEY ' First Publication: Second Publication: Wheat Ridge Transcript Effective Date: , • _ . -. i .. _ .~,~, - , cm~s3on~~s~~cc.o1 . 3 US:UI:9i rZ.i 1::-'. d. FiS JU3 _°93. UY15 _ GORSCCH nIRGIS ~J O_'3 ~~p ~~/ s r r~-l ' INTRODUCED sY COUNCIL MEMBE~LDRADO Council sill No. ~-- Ordinance No. . --- , . , . Series of 1997 v -^ TITLE: ~ AN ORDWANCE CONCERNING RESIDENTIAL DENSITY UMlTATIONS IN • PLANNED RESIDENTIAL DEVELOPMENTS IN THE PRD DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CounpD has enacted a moratorium on rezoning to certain residential zone districts and on tfre~lssuance of building permits for duplex and multifamily units in these districts, all in order to. permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and Compre`hensv eAPlanhReviewCCommitieerandrthe Planning Comm ssionoregarding'iessdent al density; and • WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three' essential components of residential density: {1) maximum allowable (net} density, (2} minimum lot area, end (3) minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the PRD District; HE IT ORDAINED HY 7HE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1, Section 26-25{IV)(B}(7)(c) of the Wheat Ridge Code of Laws, Planned Residential Development District (PRD), is amended as follows: __ (c) Density: maximum sixteen (16J units per acre." ~GFfHn/lrC-S~ 'Maximum net density shall not exceed this number. This per- D7~~LPlA"C~ r^' acre unit maximum is not a guarantee of buildable units; ~~ f LANn(EI~ crn\5]017\137267,01 Del/~.vPtid~ ~~GS uJ~`7Z~ ~ zr v~v~r-s~~-c2e is Cv22~zc~ 2~~En-~r~c~~ ~" • 03~U1=9i cRI 1-1:-4i ~F.ii 30J ?9S 0?1~ GORSCCH nIRGIS maximum buildable units ~on a given site will be affected by site development standards, rezoning evaluation criteria, 2nd the characteristics of the site itself, Net density is the number of dwelling units allowed on an area of land excluding gill streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the genera! police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary far the preservation of health and safety and far the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilit~~_ng Ordinanr Ren algid. or clause of this ordnance shall be.sleemed to be unconstitutional oarnother rise nvalidc the validity of the remaining sectinns,`~'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 4. Effrctiy,~ Dare. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5, ] 1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of. tp on this day of newspaper of general circulation in the City of Wheat Ridge and PlubGc Nearnlg'and consideration on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge9Coiorado00 o'clock p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this ,day of , 1997. SIGNED by the Mayor on this dey of , 1997. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK • GED\3]027\757767,01 2 f~j 0?1 03101:'41 FRI ll:di'F.~Li 003 ?9S 0?15 - - GORSCCH nLRGIS - _---. -J -_ -l~0',- _ __ -- ~ • APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge, Transcript Effective Date: ...i ~ ..1 czD15~a17\~s~zs7.o1 . 0 _ _ __ OS/O1%9i i3I 1-1::,i F.i.i JU3 39S 0'_15 GORSCCc n13GI$ - ~ (d0og P~17 SlTz~ D~S1 G2l ~~rA • _ _ CITY OF WHEAT RIDGE, COLORADD INTRODUCED 8y COUNCIL MEMBER . Council 8i11 No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 2o-25pV)($}(7} OF THE WHEAT RIDGE CODE OF LAWS, CONCERNWG SITE .DEVELOPMENT REQUIREMENTS FOR. PLANNED RESIDENTIAL DEVELOPMENTS ' BE IT ORDAINED BY THE CITY COUNCIL OF THE C1TY OF WHEAT RIDGE, COLORADO: Section 1. Section 2fr25(IV}(g}(1) of the Wheat Ridge Code of Laws is amended by the addition of a new paragraph; !k"at the end of said Section, following paragraph (k), to read: ' ~' " 1 J Intent and Purpose The intent of the following design and development standards is to encourage the creation of safe, adequate and attractive development and to minimize views of unattractive uses or activities through use of sound design principles and establishment of minimum requirements. The standards set forth herein have been conceived to enhance the compatibility of dissimilar uses and increase property values. Site Design Requirements 1) 'Alf new development shall be designed in a way that respects existing development on adjacent sites. This can be achieved by addressing the following: _ ..._ --_._ _ _ _.. ,. .. -+... ,. Compatible building massing and scale; special attention shall be given when new development is adjacent to existing residential; • Provision for consolidating access points with abutting properties through joint access easements or other negotiated means; • Provision for making sidewalks, pedestrian paths or bicycle paths contiguous with abutting properties in all instances where pedestrian amenities ate present; cao~aor~ss~_c.o: 03%UI;>7 r3i 1:::7 : ii Jt13 ^53 U_°1~ G03SC La ;I:~GlS ~U~~ .~2) All development shalt be ~desioned so that for the given location, egress • points, grading and other elements of the development could not be reasonably altered to: • Minimize adverse impacts on any existing residence or area zoned for residential use; _ _ _ . • Reduce disruption to the existing terrain, vegetation, habitat areas or other natural site features; • Reduce or consolidate the number of access points onto a Class 2, Class 3, or Class 4 atterial or collector street as defined in the adopted Roadway Classification Standards for the City of Wheat Ridge; • ANO Improve pedestrian-sr-vehicle safety within the site and from the site to adjacent Uses or streets; ,; • Improve pedesi~en connections within the site and from the site to adjacent Uses; ~]~ provide additional living landscaping ~e amenities; • preserve existing landscaping or site amenities;' • • reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures. 3) All development including buildings, walls and fences shall be so sited to: • Complement existing residential development in state and (ocation; .. - ~ ~PQr'1'~waYS }~,w.4c.KwFt~/s • Provide an adequate system( of pedestrian and bicycle in conformance with the City of Wheat Ridge's adopted Parks and Recreation Plan as well as the Jefferson County Open Space Plan; ,. ~ ' • Create pocket parks or green spaces that at a minimum provide seating ., and landscaping. ' • Exterior walls of all primary structures shall be (esigned on a pedestrian scale by; ' (1 fragmenting them into smaller or multiple structures; (] providing mature landscaping and manipulating the land form; u J. ul/ai cril 1:::J rdi JUJ 1`JJ U31J GU;(jI CH fiSRGSS [] placing texture at eye-level: and/or (1 clustering small scale elements such as planter walls around the primary structure. • ~ Insure that ground floor uses, if a commercial component is included, era ' _ .oriented toward the pedestrian with storefronts that open onto the street as well as other pedestrian oriented spaces. • Provide a landscaped area at least ten feet wide containing dense planting between the front property line of any use and any outdoor parking or service areas; Provide SPR77R L -spes+al-and visual connections io adjacent properties #a-pre•+eq~. ~~D~ ~IIY gaGte~d or enclosed communit-y-/ES 41 Minimum conflict shawl-l exist between service vehicles, private automobiles, and pedestr(ans within the'site and an equal amount of attention shall 6e given to both auto and pedestrian travel.. • --~- 51 ~e following design features or use attributesras.a..conditiot~sof development approval; SCR LL f3E GO~51'DEfLEq outdoor seating areas useable spaces located in sunny places affordable housing assisted living facilities pathways to civic uses and amenities parking placed totally behind the primary structure, below grade, in a parking structure or limited to one side of the building. fi} All streets and pedestrian paths shall connect with existing or planned thoroughfares within the City of Wheat Ridge. - ~ -~ Section 2. Safety Clause, The City Council hereby finds, determines, .and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of heath and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. CED\57027\757791.01 -3- ~oaa OSi01i9i F~.I 1::;3-::LS 300 39S 0315 G035tiCH FI3GIS 4-'f 039 Section 3. ~9Yerability- onfli tino [3r inan s Rene t ~+ • ot.cleuse of this ordinance shall be deemed to be uGnconstitutianall oanothenvise invaPdCtthe validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict evith the provisions of this ordinance are hereby rapeaied. " __ .. _, ,.Section_¢. Effective~~g This Ordinance shall take effect fifteen days after final publication, as provided 6y Section 5.11 of tfie Charter: INTRODUCED, READ, AND ADOPTED on first reading by a vote of on this day of _ to newspaper of general circulation in uthe City of Wheat Ridge and Publ c Hear nlg rand consideration on final passage set for the Council Chambers, 7500 Wast 29th Avenue, Wheat Ridge 9Coloraado,00 o'clock p.m.; in • READ, ADOPTED AND ORDERED PU$LISfiED on second and final reading by a vote of to ,this c#a'y of ., , 1997. SIGNED by the Mayor on this day of , 1997.. ATTEST: DAN WILDS, MgYOR WANDA SANG, CITY CLERK APPROVED A5 TO FORM BY CITY ATTORNEY First Publication: Second publication: Wheat Ridge Transcript Effective Date: GERALD E. DAHL, CITY ATTORNEY csa\5]a]7\]5~7p1.o1 _q_ • 09/01/97 -rFI 11:10 FiI 303 ?95 0?15 GORSC'CH 'aIRGIS GD/~SOC,t D/~TI fin( nc~,--rs • Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 26-30(Dl OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CONSOLIDATION PLATS BE 1T ORDAINED 6Y THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: • CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBE_ R Council Sill No. Ordinance No. Section 1, Wheat Ridge Code Of Laws, Chapter 26, Zoning Code, Section 26-30, Subsaction (D) "Development on Multiple Parcels or Lots (Consolidation Plat or Dead}, is hereby amended as follows: fDl Development on Multiple Parcels or Lots (Consolidation Plat or DeedJ: It is the intent of the City of Wheat Ridge that where a development entails the aggregation or consolidation of two (21 or more lots or parcels of land or portions thereof in order to accommodate such development, such shalt be considered a development lot. Prior to issuance,pf a building permit in such instances, the owner shall file a consolidation plat or consolidation deed, together with certified boundary survey, which plat or deed and survey shall be reviewed by the department of public works for accuracy and, if found to be accurate, shall be recorded, by the owner, with the Jefferson County Clerk and Recorder. All consolidation plats or consolidation deeds for multifamily dwelling development shall be accompanied by a Type I site plan, as set forth by Section 26-6{E) of this Zoning Ordinance. Such consolidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice requirements and approval procedures and standards for review as for a Planned Building Group. The purpose of these provisions is to avoid the construction of overly large, buildings which may negatively impact surrounding neighborhoods by increasing traffic, creating congestion by ingress/egress :points obstructing light and air and by making access for fire protection difficult, and to prevent construction of one (1) large building to avoid compliance with the subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design of setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage facilities. LOTS OR PARCELS OF LAND WHICH ARE INCLUDED_IN THE RESIDENTIAL-3 (R-3) OR RESIDENTIAL-3A (R3A1 ZONES AND WHICH ARE INDIVIDUALLY SUBSTANDARD FOR MULTIFAMILY DEVELOPMENT, BUT WHICH WOULD MEET THE LOT SIZE AND WIDTH R>=OUIR£MENT FOR SINGLE OR TWO FAMILY DEVELOPMENT, SHALL NOT BE CONSOLIDATED FOR THE PURPOSE OF MULTIFAMILY RESIDENTIAL DEVELOPMENT G--cD1530271257242.01 03i01.-9i~ FRI 11:11 F:tS 305 ^_93 0:13 GORSCCE i;IRGIS 00.33 _ UNL~SS,THE PREDOMINANT ADJACENT LAND USE IS MULTIFAMfLY DEVELOPMENT OF A SIMILAR DENSITY. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this _ __ _Ordinance is necessary for the preservation of health and safety and for the protection'of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object soughs to be attained. Section 3. Severability Conflicting Ordinances Resealed. If any section, subseciion ' 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 4. Effective Date. T is Ordinance shall take effect fifteen days after final ~~, publication, as provided by Section'~.11 of the Charier. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Rearing and consideration on final passage set for ~ , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500•West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. _ SIGNED by the Mayor on this 'day of , 1997. , . ~ ' ~ ~ .DAN WILDE, MAYOR .. .. - . WANDA SANG, CITY CLERK APPROVED AS •TO FORM BY CITY ATTORNEY GERALD E. DAHL, C1TY ATTORNEY OED\5]az0\31gJ3. o1 -2- • 03/01/97 t"aI 11: il. F.iY J03 ?93 0?15 -- G03SCCn nI~2GI3 r 1 LJ First Publication: Second Publication: bVheat Ridge Transcript Effective Daze: .;: `.: • Gl]03: can~s~o»1i~c»>.oi -3- 03i 01:9/ rBI 11:09.F.4S 3UJ ?93 0Y15 GOZSGCii nIRGIS pL~l~lNEf~ 8vl~-~1 ~G" ~r>~ U ~J I~ CITY Of WHEAT RIDGE, COLORADO INTRODUCEp BY COUNCIL MEMBER Council $ill No. _ Ordinance No. Series of 1997 tg 0? 5 TITLE: AN ORDINANCE AMENDING SECTION 26-30{c}(4)(d) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNED BUILDING GROUPS BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-30{c}(4)(d) of the Wheat Ridge Code of Laws, concerning standards for review of Planned Building Groups, is hereby amended by the addition of a new paragraph 11, to read: 11. Whether the''`proposed density (if residential) and character of development is compatible with the predominant character of surrounding uses and development. • SeMion 2. Safety Clause. The Ciry Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this . ,Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicrina Ordinances Revealed. 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.i1 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of io on this day of 1997, ordered published in full in a newspaper of general circulation in the Ciry of Wheat Ridge and Public Hearing and consideration on final passage set for , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote °f to ,this day of 1997. __ , C~\53027\357243.01 OSiU1: 9? F<2L 11:_Ofl F_~1L JUJ ?9S 0^_1S - - GG2SCCH nIRGIS . SIGNED by the Mayor on this ATTEST: ~,u~- _ day of 1997. DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM 8Y CITY ATTORNEY ..• • GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Eiiective Date: c~\szozT\zs~zu.oi 2 • . ~ q~ o ~~ Ol ~I] ~:. ~ [~ Q J ~ ~ ~ j~~ N ~ [~ Q ~~ ~ ~ ~ ~ ^ J 3 ~ ~ ~- v~ ^I 3~~ ~X~NI pL~ 02DIN~NG~ -~ C ~~ ~~ ~N~ °s ~~/~ s ~ ~. v~rc.s io~\/ CITY OF WHEAT RIDGE. COLORA00 ' INTRODUCED BY COUNCIL MEMBER Council Bill No. ~_ Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-3A DISTRICT v Z WHEREAS, the City is in the process of revising its Comprehensive Plan; and. WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CouiiGil;,has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order io permit the revisiori of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of. the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (~) minimum lot area, and (~1 minimum square feet per residential unit; and 'WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District; and WHEREAS, the City Council is authorized by Charter Section 5.10.1 (el to reduce density in any zoning district. BE IT. ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: f( G~. ,~,G~ ~~~ Section 1. legislative Declaration. The City Council hereby finds and declares that ~Pp~ ~ residential density has a great capacity to affect neighborhood quality of life and that ~" preservation and protection of existing developed neighborhoods within the City is of prime (,cJ~117~N GF:77\5 7027\257]66 .02 • concern. to the present and future residents of the City. The Council further finds That development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability. The Council further finds that this ordinance is also necessary to achieve the following goals: - 1: To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City; 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3. To implement the policies .and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density; and 4. To preserve and prgtebt the quality of life in the City of Wheat Ridge for present and future 'residents. Section 2. Sectioh 26-17 of the Wheat Ridge Code .ot Laws, Residential -Three A District (R-3A1, subsection iR}, entitled 'Development and Use Regulations," is amended with respect to Multifamily (3/more dwelling units} as follows: • (bl minimum lot area: 12,500 square feet. fcl minimum square feet per unit: 3,960 square feet. 'Maximum net density shall not .exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding alt . streets and roads, whether ~ public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that tftis Ordinance is promulgated under the genera! police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of __ public convenience and welfare. Tfie City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. t: Air\S 10', T\:ST; .G.03 '~ ... ~. • Section 4. Severability: Conflicti_ng_ Ordinances 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 5:1 7 of the Charter. INTRODUCED, READ, ANO'ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1997, at_ 7:00 o'c_lock_p.m., in ' the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this := day.of 1997. SIGNED by the Mayor on this day of 1997. • DAN WILDE, MAYOR ATTEST: WANDA SANG, CITY CLERK ' APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: u CEO\5 J0:T\:St255.02 ) .) MFMORANDUM To: Planning Corrimission From: Meredith Reckert, Senior Planner Re: ZOA-97-8 and WPA-97-1 Date: August 1, 1997 Of WNEgT ti O V m C~CORP4~ Attached please find two memorandums prepazed by Community Matters, Inc., regarding density recommendations and residential moratorium. In addition you will find eleven (11) ordinances as written by the City Attorney. Recommended motions: Option A: "I move that Case No. ZOA-97-8, a request by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relating to residential densities and development standazds be Approved for the following reasons: 1. 2. :' Option B: "I move that Case No. ZOA-97-8, a request by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relating to residential densities and development standazds be Denied for the following reasons: 1. 2. Option A: "I move that Case No. WPA-97-1, a request by the City of Wheat Ridge to consider a proposed amendment to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standazds be Approved for the following reasons: I. 2. Option B: "I move that Case No. WPA-97-1, a request by the City of Wheat Ridge to consider a proposed amendment to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards be Denied for the following reasons: 1. 2. :' _, Community Mattersr Inc. Planning and Community Development Specialists Memorandum G4T6 Thursday. July 31, 1997 Tor Geny Dahl, Wheat Ridge City Attorney FitOat Barb Cole Hebert at ITEM # 1, D: PRD Site development requirements as requested by City Coundl CC Wheat Ridge Planning Commission and Cornprettensive Plan Review Committee, Meredith ReckeR, Bob tfiddaugh, City Manager, and the Wheat Ridge City Coundl The folowing language should be added to Section 2525 A00 T~ Soetfon 2625, (B) tSpectfle Regulationa•, (1) wann.d Reeidrn6al Oevvtoprt.eM (PRD) t >Hbs Devrlownent and Dasian 3tarKtards ~.) Itttetrt and Y•trPOae ~ . The imerA of the folowing design and davekrpmerrt standards is to encourage the creation d safe, adegwte and attraUive development and to minimize v'~ews of unad[active uses a activities through use d sound design prindples end establishment d minimum requirements. The standanls set forth herein have been conceived tD enhance the compatiblily d dissimilar uses aM inaease Properly values. SfY Omfyn ReolWremertta 1) At new devebpment shall be designed to a way that respects existing devebpmem do adjacent sees. This can De achieveC try addressing the following: • Compatible bu7dng massing and scale; special attention shaA be given when new development is ' adjacent b existing residential: . Provision !or consdtdatirg aa~ese paMa with abutting propertios through jdnl accasa easernmAs or other negotiated moans; Provision for making sidewalks, pedestrian paths ar f>ityde Paths coNigixxts vrdh ebumng propedies in ell irulances wham pedestrian amenities ors preserrC . 2) pA development shell be designed so that for the g'r~en laration, egress poirds, grading and odxr elements d the devebpment oDUfd not be nxsaraWy aNered to: • ~ minimize adverse impectt on arty pdsting rsciderlce a area zoned far residential use; • reduce disruption to the existing tecrnin, vegttatien, habitat areas or adter natural site features; • reduce or cortsdidate the nurttDer d access points oMO a Class 2. Class 3, a Class a arterial or collator street as defined in the adapted Roadway Cgssifiation Standards for the City d Wheat Ridge: improve pedestrian or veMda safety within the see and from the site to adjxerq uses or cheers: in+prwe pedestrian eonnediarts wAntn the site and fran the she 1o adjacent uses; • provide ad?Atonal Irving landscaping a silo amenities; 07fJir97 CM. Language kr the Ftaurxt i i Code Revobru z • preserve existing landscaping or site amenities; ~ reduce the visual inWSbn of packing anus, ccrrrvrtcd storage areas and similar accessory areas and stnxtures. 3) All davebpment irx;krdrtg buildings, walls and fences shall be so sited to: • comPbment existing residertliel development in 5fale and bcatian; . r, • 'provide an adequate system of sidewalks or an ort street system of pedestrian and tacyde peMS in wnfortnance with the City of Wheat Ridge's adopted Parks and Recreation Plan as well as the Jefferson County Open Space Plan: • a®ale podke! parks or green spaces that at a minimum provide seating and landscaping. • exterior castle of all pcmary structures shall be designed m a pedestrian wale by. ^ fragmenting them into smaller or multiple structures: ^ providing manse landscepinq Brtd manipulating the land form: ^ plaang wall texture et eyeievel; andlor ^ duatering smatl scale elements such as planter walls around the primary shucture . • insure that ground floor uses, i(a oomnerdal c+xnPonant is inducted. are oriented tnwartf the pedestrian with storefrords that open onto the street ea weq es other pedestrian arierkled spaces, • provide a landscaped area at least ten feet wide containing 6ense planting between the trortl property fine of arty use and arty outdoor perking or service areas; • • provide spatial and visual Connections to adlaeent properties to prevent Na sense of a fatty gated or erxdosed communiy. 4) Minimum COrAGd shall exist between service vehidas. pdvate aulomobiks, and pedestrians widdn the site and an equal amount of attention shatl be given to 6bth auto end pedestrian travel. 5) AJI devebprtten! shah provide at leaci twee ar rtare of Ute fdbwinq design features or use atUtbUtes as a .. condaion of devetofxtlertt approval: --._ . _ ... ._ _ ... • OWd00f Seating areas • useable spaces located in canny places • aRordabb housing • assisted Wing fadGdes • pathways m civic uses and amenities , • parking placed totatly behind the pcrttary structure, below grade. b a packing ctnrdure ar united m one side of the txn7ding. 6) Atl streets and pedestrian paths shall conned with existing or planned thoroughfares within the City of Wheat Rfdgo. 07l31r87 CMI t.anauage fur lhk: Rowxf t t Coda Revisions ' Final Copy 1:57 PM; 07/30/97 Community Matters, Inc. Planning and Community Development Specialists Memorandum UgTE: 07/29/97 2:05 PM to: Wheat Ridge Planning Commission and Comprehensive Plan Review Committee FROM: Barb Cole Hebert & Stephanie Bakken RE ITEM # 1: Density requirements to lift Moratorium cc: Meredith Reckert, Bob Middaugh, City Manager, and the Wheat Ridge City Council This is the first of four (4) itemized memos prepared by CMI to assist in understanding the recommended changes to the Zoning Ordinance to lift the moratorium by the established date of September 30, 1997. For Item # 1, there will be a series of ordinances outlining the suggested changes that will be included for consideration at the August 7, 1997 Planning Commission meeting. Item # 1 - a) Density changes to thetwo-family and mufti-family residential zoning requirements specifically R-2, R-3, R-3A, R-2A and the planned residential disfrict which are required to lift the temporary moratorium on rezoning fortwo-family and multi family residential uses (Ordinance #1065 and #1066) specifically net density, minimum lot area and minimum square foot per unit requirements. (these all directly effect density) b) Changes to the planned building group section of the zoning ordinance to address density and neighborhood compatibility; - c) Conditions under which lots can be consolidated in single family and two family areas Item#2- a) Suggested changes and recent revisions to single family zoning requirements forwarded to City Council by CPRC coupled with a technical analysis illustrating the impacts of such recommendations; b) Reinstate building permit requirement for all flat work (e.g., concrete driveways) c) ~ Setback requirements for the R-2 and R-3 series - -- d) Building coverage requirements far the R-2 and R-3 series e) , Landscape requirements for the R-2 and R-3 series Item #3 -Changes Planning Commission and City Council may wish to consider that were not specifically developed by CPRC but are suggestions that have been developed by CMI based on the draft goals and policies developed to date by the CPRC, CMI's technical analysis of the CPRC recommendations (suggested by City Council member through Bob Middaugh) or were responses to concerns raised at neighborhood meetings held in Jariuary and February of this year; and Item # 4 -Conceptual overview of zoning changes that are beyond the scope of the multi-family rezoning issue but should be considered upon the adoption of the Comprehensive Plan. Community Mutters, Inc. Technical Memo explaining ordinance changes ' Fnai Copy 1:57 PM; 07/30/97 Item # 1: Changes to the two-family and multi-family residential density requirements specifically R-2, R-3, R-3A, R-2A and the Planned Residetitial District which are required to lift the temporary moratorium on rezoning for two-family and multi-family residential uses 2 A) Recommended Densify Requirements Duplex and Multi-family The following table summarizes the recommendations as revised by the CPRC, based on technical support provided by CMI to the CPRC, of all requirements which impact the density of dwelling units. WHEAT RIDGE R ECOMME NDED DENS ITIES: Dup lex & Multi -f amily Zoni ng Distric ts Development R-2 R-2A R-2A Multi- R-3 R-3 R3A R-3A PRD Standard Duplex Duplex family Duplex Multi-family Duplex a u l'iY _ r n Maximum Net 7 d/u 7 du/per 10 dulper 7 du/per 12 du/per acre 7 du/per 11 du/per acre 16 du/per Density' per acre acre ` acre acre acre' Existing acre' 7 dulper 9.6 - f 0.9 dulper ~ 9.6 du/per 20.7 du/per 9.6 du/per 14.5 du/per 21 dulper acre acre du/per acre acre acre acre acre Minimum l.ot 15,000 acre 10,250 12,500 sq. ft. 9,D00 sq. 12,500 sq. ft. 9,000 sq. 12,500 1 acre Area Existing sq. ft. 12,500 sq. ft.' 9,000 same ft• same same same same same Minimum SF per sq. R. NIA NIA 4,350 sq. ft. N/A 3, 630 sq. ft N1A 3,960 sq. N1A unit Existing - ~ N/A N/A 4,000 sq. R. N/A 2,100 sq. R. ~ N/A 3,000 sq. N/A 8) Modifications to the Planned Building Group : We have prepared changes in the form of a separate ordinance to the Planned Building Groups which adds the condition of compatibility with the neighborhood in terms of character and Density. C) Development on Mulfiple Parcels or Lots: We have prepared changes which complement modifications made to the Planned Building Groups which prevents lot consolidation for multi- ' Maximum density shall not exceed the stated number. This per acre unit maximum is not a guarantee and shat[ only apply if all site development standards and rezoning evaluation criteria are adhered to. Once the Comprehensive Plan is adopted, additional site design criteria will be added,to all zone districts and the PRD zone by CMI as discussed by City Council. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the traveling public within or through the development. ~ City Council requested that all maximum density requirements be stated as whole numbers. ' Note: Charter allows maximum of 21 units per acre, but includes language that lesser densities may be : ; prescribed (see section 5.10.1(e)). ' ' This is a comparable change in minimum lot size to what was suggested in the R-2 duplex zone category (a land saving advantage of 16.7% versus the current 30.6% land saving advantage) and will similarly minimize the incentive to build duplexes. In the next round of zoning revisions, we will suggest that this zone category be deleted as there are only 3 small pockets of R2A duplex in the City, one of which is land owned by Foothills Academy. Community Matters, Inc. Technical Memo explaining ordinance changes Final Copy 1:57 PM; 07/30/97 3 family development in areas that are predominantly single family. They are allowed if the predominant adjacent land use is mutti-family. D) PRD Site Design Standards- CMI has developed additional site design guidelines for PRD review. These are attached in ordinance form. Similar guidelines for all duplex and multi-family development as well as dimensional requirements for all zone districts will be forthcoming once new density regulations are approved by Planning Commission and City Council. ' Community Matters, Inc. Technical Memo explaining ordinance changes neceaveo: 6/ t/9T 2:42PNip 303 296 0215 -> CITY OF WHEAT RIDGE; Page 2 002 ^ 08/01/97 FRI 14:-4: F.iY a0J 298 0215 GOR5LiCH RIRGIS CITY OF WHEAT RIDGE, COLORADO rNTROpUCED BY COUNCIL MEMBER Council liitl No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-2 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CouncA•~has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: {1) maximum allowable {net) density, (2) minimum lot area, and (3) minimum square fees per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2 District; BE IT ORDAINED eY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO; Section 1. Section 25-14 of the Wheat Ridge Code of Laws,• Residential -Two District {R-2), subsection (F), entitled "Development and Use Regulations," is amended with respect to 2-Family Dwellings as follovvs: G2D\5]027\257245.01 08/01/97 FRI 1~1:~12 F.~13 SOa 293 0215 - ----GORSL'CH AIRGIS . (a) maximum net density: seven (7} units per acre. (b} minimum lot area: 15,000 square feet. *Maximum net density shall not exceed this number. This. per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safety Cruse, The City Council hereby finds, determines, and declares that this Ordinance is promulgated Under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3, werebiliri• Conflicting Ordinance ReQgaled. 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 4. ~ffectivg,Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. SIGNED by the Mayor on this day of 1997, DAN WlLDE, MAYOR - _„ _ - lobs GED\53027\25T2G5.02 ~ 08/01/97 FRI 14:42 F.1.S 305 293 0215 GORSliCH fiIRGIS r 0 004 ATTEST: WANDA SANG, C1TY CLERK APPROVED AS TO FORM BY CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GERALD E. DAHL, C1TY ATTORNEY a~\saoz~\as~zas.oi 3 OS/Oli9i fRI 14:12 F.93 903 298 0215 GORStiCH %IRGIS ~ I~j005 - CITY OF WHEAT RIDGE, COLORADO INTRODUCEb BY COUNCIL MEMBER Council Bill No. `--- Ordinance No. -~_ Series of 1997 TITLE: AN pRDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of rev)sing Its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council: has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of buildin units in these districts, all in order to permit the revis on ofttf~e Comuprehensv e P a'n anld adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and • WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: {1) maximum allowable (net) density, {2) minimum lot area, and 13) minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-2A District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-15 of the Wheat Ridge Code of Laws, Residential -Two A District (R•2A), subsection (F), entitled "Development and Use Regulations," is amended with respect to 2-Family Dwellings as follows: Ge^~D\33027\257]31.01 08/01/91 FRI 14:4a F.93 J0a 298 0215 GORSiCH %IRGIS r ~ 006 (a) maximum net density: seven (71 units per acre.' (bi minimum lot area: 10,250 square feet. *Maximum net density shall not exceed this number. This per- acra unit maximum is not a guarantee of buildable units; maximum buildable units on a given,siie will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Sectlon 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated finder the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflictln Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise in4alid, 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 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. . SIGNED by the Mayor on this ~ day of , 1997. DAN WILDE, MAYOR Gea\53oa7\357252.01 2 08/01/97 ..o ceo ~.c i o -y ui i v an wnc.ai niu~;e; rage ~ FRI 1:43 F.43r303 298 0215 J GORSLCH KIRGIS ~ 067 ATTEST: WANOA SANG, CITY CLERK APPROVED AS TO FORM 6Y CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Bate: ~misaoa~~as~~sy,a1 3 - - - _. - - _ .a...a o ..cio -~ .,i„ ..r ..nc..i niv.ac: r>Ne o 08/01!97 VFRL,1-4.~0 F.~13 •905 298 021a GOR5CCH RIRGIS -- - - ~ - - 01008 CITY.OF WHEAT RIDGE, COLORADO INTRODUCED 8Y COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R-2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Pian; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CounciL~ has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of bu)Iding permits for duplex and multifamily units in these districts, alt in order to permit the revision of the Comprehensive Plan and adoption of implementing ord)nances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations .include recommendations on three essential . components of residential density: {~) maximum allowable (nett density, (2} minimum lot area, and {3) minimum square feet per residential unit; and WHEREAS, the City Councii wishes to implement certain of these recommendations within the R-2A District; _ BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-15 of the Wheat Ridge Code of Laws, Residential -Two A District (R-2Al, subsection iF}, entitled "Development and Use Regulations," is amended With respect to Multifamily i3/more dwelling units) as follows: fa) maximum net density: ten ft0) units per acre.' (b) minimum lot area; 12,500 square feet. c~\saon\zs~zsa.ox n=••a ~.=.+. .or-~.o. c.-.pro., _ oi..a roa -u-ria -+i,iir ur rvnc.r. niuucy raga y 08/01!97 FRI 19:10 F.~LK 300 298 0215 GORSIiCH %IRGIS X009 fcl minimum square feet per unit: 4,350 square feet. `Maximum net density shall not exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site ttself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. ~+^afety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the genera! police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare 'of the public and that this Ordinance is necessary for the presefyation of health and safety and for the protection of public convenience and Welfare, 1-he'City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Save_rahility' C nfli tine Ordinanc c A ~ or clause of this ordinance shall be deemed to be unconstitutional or therwise invalidC 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 4, Effective p_~~, This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of on this day of to newspaper of general circulation in the City of Wheat Ridge andu Plublic Hearnlg land consideration on final passage set for . the Council Chambers, 7500 West 29th Avenue, ' 1997,.at 7:00 o'clock p.m:, in Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 1997. - SIGNEb by the Mayor on this day of 1997. DAN WILbE, MAYOR cenlssoz~~zs~zs+.oi .. _.. _,.. ... ., t.. ~.». ..,... ~~~ ~~..,, -_ ..~.. ..~ ..., ~..~ n....., Hoye ... 08/01/97 FRI 15:22 F.33 905 298 0215 GORSL'CH RIRGIS X1010 ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY Firsi Publication: Second Publication: Wheat Ridge Transcript Effective Date: eeo\s~oa~\zsvas4.oi ' • 3 ~'-- 08/01/97 VFRI 1#:4~1 F.~1.Y 303 293 0215 ~V~ L GORStiCH ftIRGISv ~ 011 - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCI! MEMBER Council Silf No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-3 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Councj}~ has a»acted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan a»d adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and . WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: {1) maximum allowable Inet} density, (2} minimum lot area, and (3) minimum square feet per residential unit; and WHEREAS, the City Council wishes to Implement certain of these, recommendations within the R-3 District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1, Section 26.16 of the Wheat Ridge Code of Laws, Residential -Three District {R-3), subsection (F}, entitled "Development and Use Regulations," is amended with respect to 2-Family Dwellings as follows: CED\53D27\277x57.07, 303 296 02t5 -> CITY OF wNtAT RIDGE; Fa9e 12 Faceaved: B/ t/9~ 2:a5Pb~; - 1012 08/01/97 FRI 1~1:4~t F.i% 90a 298 0215 GORStiCH %IRGIS (a) maximum net density: seven (7y units per acre.* (b} minimum lot area: 9,000 square feet. *Maximum net density shall not exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safet~LClaus@. The City Council hereby finds, determines, and declares that this Ordinance is promulgated,xJnder the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and weifafe of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to 'the proper legislative object sought to be attained. Section 3. Severabili~y• Conflicting Ordinances 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 4. EfZctive Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 7997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 7997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 7 997. SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR G¢D\53027\357257,01 ne.. , ,/yi :wpe-mi~ ~ aUS Ltltl UG:p -~ C11Y Uh rYntiA( IitlJtiti Yage l'J 08/01/97 FRI 11:44 F.~ 308 293 0215 GORSUCH KIRGIS ~ oi3 ATTEST: WANDq SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: pan\saozo~zs~zs7.oi 3 08/01/97 FRI 14:d~1 F.~S 000 298 0215.,_.. ___ GORSliCH AIRGISV _ ,..._ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 mye 1~] O1 ~2 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R•3 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City CounciF• has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density; {1) maximum allowable (net) density, 12) minimum lot area, and (3) minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3 District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-16 of the Wheat Ridge Code of Laws, Residential -Three District (R-3), subsection (F1, entitled "Development and Use Regulations," is amended with respect to Multifamily {3/more dwelling units) as follows: (a} maximum net density: twelve (121 units per acre.` - (b) minimum lot area: 12,500 square feet. ~Eb\53027\257265. D1 nv..aiv ev. o/ ~ / o. G:`.OrM; .]UO GyC VZ1O •> py I Y Uh i•rFlt,A (' H1QCit.; Page 15 08i01/9i FRI 14:45 F.43 309 298 0215 GORSL'CH fiIRGIS I~j015 Ic} minimum square feet per unit: 3,630 square feet. "Maximum net density shall not exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself, Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. ~fety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the prGServation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. S®ction 3. ver ility: Conflir•fing Ordlnancec eoeal a, or clause of this ordinance shall be deemed to be unconstitut o al oa therw se invalidc the validity of the remaining sections, subsections and clauses shalt not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance - .are hereby repealed. Section 4. Effective patg, This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. ' INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered newspaper of published in full in a general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set •for the Council Chambers, 7500 West 29th Avenue, ' 1997, at 7:00 o'clock p.m., in Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED an second and final reading by .a vote of to -,this . day of 1997. _ SIGNED by the Mayor on this day of 1997. DAN WILDE, MAYOR csa\53027\25~s65.ai 2 --- --- -- - --.. _ ...._... ------• . _y 08/O1/9i FRI 14:15 F.~S aoa 2ss 0215 GORSliCH $IRGIS 0.1016 ArresT: WANDA SANG, CITY CLERK APPROVED AS TO FORM 8Y CITY ATTORNEY GERALD' E. DAHL, CITY ATTORNEY .First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ~°-~\53az7\267265.01 3 OSi0.ii97 FRI 13:45 F.~Lt SOS 298 0215 ..-.• `=V •.~.-• -_ •.• ~ ~ •,f •,,,c,•~ ~lV~ r~Sd" ~ • - GORStiCH %IRGIS 81017 CITY OF WHEAT RIDGE, COLORADO INTRODUCED SY COUNCIL MEMBER Council Bib No, `~-- Ordinance No. ~^` ~, Series of 1997 TITLE: ,4N ORDINANCE CONCERNING RESIDENTIAL bENSITY LIMITATIONS UPON TWO-FAMILY DWELLING UNITS IN THE R-3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and density; and WHEREAS, one element of the revised Comprehensive Plan concerns residential WHEREAS, the City Council' has enacted a moratorium on rezonin residential zone districts and on the issuance of buildin g to certain 9 Rermits for duplex and multifamily units in these districts, ail in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from Immediate development pressure; and WHEREAS, the.City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (1) maximum allowable (net) density, (2) minimum lot area, and (3j minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District; BE IT ORpgINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1, Section 26-17 of the Wheat Ridge Code of Laws, Residential District (R-3A), subsection (F}, entitled "Development and Use Regulations," is amended with res Three A peat to 2-Family Dwell(ngs as follows: aco\3~aat\zs~zsy,01 _ _ ....~ ~a., ..~,., -_ .,~„ .,~ ..,,~,., .,~.,..~. ~d~d ,o 08/01/97 ~FRI 14:45 F3S 005 298 0215 GORSLCH SIRGIS f~018 fa} maximum net density: seven {7} units per acre." (b) minimum lot area: 9,000 square feet. "Maximum net density shall riot exceed this number. This per- acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site will be affected 6y site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safety Clause, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general pelice power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. S@yerability• Confiictir~q Orclinances Rggealed. if any section, subsection or clause of this ordinance shall he 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 4. Effective Dafe. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997, SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR GED\53027\257259.01 Z 08/01:97 FRI 14:46 F.iY OOa 298 021a GORSliCH fiIRGIS ~ 019 ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat•Ridge Transcript Effective Date: Gza\53027\?57259.01 0 H2CC1v 0O: LSD 1ly% "2:4GYNI; 08/01/97 FRI 11:46 F.iY JOS 293 0215 303 296 0215 -~ CITY OF WHEAT RIDGE; Paga 20 GORSliCH %IRGIS - ~ 020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIpENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IfV THE R-3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Counej7~ has enacted a moratorium on rezoning to certain residential zone districts and an the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the. revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (1} maximum allowable (net) density, (21 minimum lot area, and (3) minimum square feat per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the R-3A District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO; Section 1, Section 26-17 of the Wheat Rldge Code of Laws, Residential -Three A District (R-3A}, subsection (F}, entitled "Development and Use Regulations," is amended with respect to Multifamily (3/more dwelling unitsl as follows: (a) maximum net density: eleven (11) units per acre.' {b1 ~ minimum lot area: 12,600' square feet. GSb\530]7\257766.01 0801/97 ~~•~ <eo uc i o -~ ~,y r , ~r vvnc..~ nyu..c raga c r FRI l~t:d8<FiIr303 298 0215 GORSIICH IiIRGIS ic) minimum square feet per unit: 3,360 square feet. *Maximum net density shall not exceed this number. This per• acre unit maximum is not a guarantee of buildable units; maximum buildable units on a given site wilt be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved .width far circulation of the travelling public w(thin ar through the development. Section 2. Safety clancn. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought io be attained. Section 3. Say bill •' or clause of this ordinance shall be deemed to be unconstitutional oanotherw se invalidc t'he 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. ~ 021 Section 4. e ; e D e. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of on this _ day of to newspaper of general circulation in the City of Wheat Ridge and Plu I cd Hear nlg land consideration on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Coloaado0O o'clock p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. SIGNED by the Mayor on this day of , 1997. DAN WILpE, MAYOR 6Ln\53027\57266, 01 2 08/01/97 FRI 14:16 F.93 30a 298 0213 GORSliCH KIRGIS ATTEST: WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: , cm~s3on\ZS~asa.oi 3 ~vbe « ¢j 022 OS/O1/9i FRI l~k:.36 F.~13 90J 293 0215 __.. _.._ GORSliCH KIRGISy c~ ~yVV ~ yea. ~~ X1023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Siq No. ~-- Ordinance No. i~` Series of 1997 TITLE: AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS IN PLANNEb RESIDENTIAL DEVELOPMENTS IN THE PRD DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan; and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Councib has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, aU in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density; and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance; and WHEREAS, said recommendations include recommendations on three essential components of residential density: (1) maximum allowable (net) density, (2} minimum lot area, and {3) minimum square feet per residential unit; and WHEREAS, the City Council wishes to implement certain of these recommendations within the PRD District; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-25(IV)(e)(1}(c) of the Wheat Ridge Code of Laws, Planned Residential Development District {pRp}, is amended as follows: (c) Density: maximum sixteen (16) units per acre." 'Maxinlum net density shall not exceed this number. This per- acre unit maximum is not a guarantee of buildable units; cc^\saoa~\as~257.oi ne..eiv w., or „ar c.,. JUd eyo UG10 -> G11Y • 08/01/97 FRI 11:47 F.iFr303 298 0215 GORStiCH %IRGIS Ur LVMI=AI N1 U(it~ Yage 14 maximum buildable units on a given site will be affected by site development standards, rezoning evaluation criteria, and the characteristics of the site itself. Net density is the number of dwelling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved width for circulation of the travelling public within or through the development. Section 2. Safety ClavaP. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary far the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: ConflictirLq ordinances Reoealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or,otherwise invalid, the validity of the remaining sectiens,•sufisections 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 4. Infective Datg. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTEp on first reading 6y a vote of. to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing .and consideration on final passage set for , 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. SIGNED by the Mayor on this day of ATTEST: WANDA SANG, CITY CLERK 1997.. DAN WILDE, MAYOR ~ 021 cso\saoz~\zs~zs~.oi 2 c:»orni; .au~ eye Ueio -a CITY GF sunEaT RIDGE; rage 25 _ .,o._ 08101.'97 VFRI 14:47 F.iS OOa 298 0215 GORStiCH~KIRGIS ~ 02a APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheal Ridge Transcript Effective Date: G2D\53027\257267.0! 7 03/01/97 VFRIJI~1: d,7~ F.~ X09 293 02.15 -- =V GORStiCH KIRGIS CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Orcfinance No. Series of 7997 TITLE: AN ORDINANCE AMENDING SECTION 26-25{IVI(SI(1) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SITE DEVELOPMENT REQUIREMENTS FOR PLANNED RESIDENTIAL DEVELOPMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO; Section 1. Section 26-25(IV}{g){t) of the Wheat Ridge Code of Laws is amended by the addition of a new paragraph (I).at the end of said Section, following paragraph {k), to read; 11 Intent and Purpose The intent of the following design and development standards is to encourage the creation of safe, adequate and attractive development and to minimize views of unattractive uses or activities through use of sound design principles and establishment of minimum requirements. The standards set forth herein have been conceived to enhance the compatibility of dissimilar uses and increase property values. Site Design Requirements 1 } All new development shall be designed in a way'that respects existing development on adjacent sites. This can be achieved by addressing the following: • Compatible building massing and scale; special attention shell be given when new development is adjacent to existing residential; • Provision for consolidating access points with abutting properties through joint access easements or other negotiated means; • Provision for making sidewalks, pedestrian paths or bicycle paths contiguous with abutting properties in all instances where pedestrian amenities are present; X1026 coo\sao~o\zs~na_.oi 08/01!97 FRI 1#:47 F:LS a0$ 298 0215 GORSL'CH, KZRGIS ~102i ~2) All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to: • Minimize adverse impacts on any existing residence or area zoned for residential use; • Reduce disruption to the existing terrain, vegetation, habitat areas or other natural site features; • Reduce or consolidate the number of access points onto a Class 2, Class 3, or Class 4 arterial or collector street as defined in the adopted Roadway Classification Standards for the City of Wheat Ridge; • improve pedestrian or vehicle safety within the site and from the site to adjacent Uses or streets; • Improve pedestfian connections within the site and from the site to adjacent Uses; • provide additional living landscaping or site amenities• • preserve existing landscaping or site amenities;' • reduce the visual intrusion of parking areas, screened storage areas and similar accessory areas and structures. 31 All development including buildings, walls and fences shall be so sited to: • Complement existing residential development in scale and location; • Provide an adequate system of sidewalks or an off street system of pedestrian and bicycle paths in conformance with the City of Wheat Ridge's adopted Parks and Recreation Plan as well as the Jefferson County Open Space Plan; • Create pocket parks or green spaces that at a minimum provide seating and landscaping, • Exterior walls of all primary structures shall be designed on a pedestrian scale by; [1 fragmenting them into smaller or multiple structures; U providing mature landscaping and manipulating the land form; cEO\sson\~s~2u. of -2- _ _ _ _-_ ___ .._._ ., ..,.. .,.- ..,.~.., ..~..~~. dad ~e _ _ _ OS/Ol/9l FRI 1&:A8 F.~ J08 293 0215 GORSTCH RIRGIS Cµ7j028 _ Il placing well texture at eye-level; and/or (1 clustering small scale elements such as planter walls around the primary structure. • ~ Insure that ground floor uses, if a commercial component is included, are .oriented toward the pedestrian with storefronts that open onto the street as well as other pedestrian oriented spaces. • Provide a landscaped area at least ten feet wide containing dense planting between the front property line of any use and any outdoor parking or service areas; • Provide special• and visual connections to adjacent properties to prevent the sense of a fully gated or enclosed community. 4) Minimum conflict shall exist between service vehicles, private automobiles, and pedestrians within the~sife and an equal amount of attention shall 6e given to both auto and pedestrian travel.- 51 All development shall provide at least three or mare of the following design features or use attributes as a condition of development approval; outdoor seating areas useable spaces located in sunny places affordable housing assisted living facilities pathways to civic uses and amenities 'parking placed totally behind the primary structure, below grade, in a parking structure or limited to one side of the building. 61 All streets and pedestrian paths shall connect with existing or planned thoroughfares within the City of Wheat Ridge. Section 2. Safety Clause, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. GED\53027\257291.01 _3_ 08/01/97 fRI 1~1: ~8 F.~1S 309 29$ ~21j :1U3 29a 0215 -> CSTY OF tYMEAT RZDGE; Pape 29 GORSUCH ftIRGIS X029 • • Section 3. er ' itv• onfli +• n ,,• • It 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. Afl other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. • Section 4. ~ffective~ate. This Ordinance shall take affect fifteen days after final publication, as provided by Section 5.11 of the Charter: INTRODUCED, READ, AND ADOPTED on first readin b on this day of 9 Y a vote of to newspaper of general circulation in 1997• ordered published in full in a consideration on final passage set for the City of Wheat Ridge and Public Hearing and the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, C lorado 00 o'clock p.m., in • READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of • , 1997. SIGNED by the lvlayor on this day of 1997. ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK First Publication: Second Publication; Wheat Ridge Transcript Effective Date; ~EO~saaz~Us~zai.oi APPROVED AS TO FORM gy CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY -4- :,o..e~~e... o, ~,b, ,,.,.,.. ~..~ ~.~., ..~... _ .._., 08/01/97 FRI 11:09 FiL S09 293 0215 GORSIICH %IRGIS CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Couhcil Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 26-30(c)(4){d) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNED BUILDING GROUPS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-30(c)(4)(d) of the Wheat Ridge Code of Laws, concerning standards for review of Planned Building Groups, is hereby amended by the addition of a new paragraph 71, to read: 11. Whether the 'proposed density (if residential) and character of development is compatible with the predominant character of surrounding uses and development. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting Ordinances 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 4, Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 1997, at 7:00 o'clock p,m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. l~ 026 GED\33027\257293.01 08/01:97 FRI 11:09 F.iS 303 298 0215 GORSUCH AIRGIS ~02i- SIGNED by the Mayor on this day of ~ gg~, , ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY. GERALO E. DAHL, CITY ATTORNEY First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53927\257243.01 2 Receivetl: 6/ 1/97 t1 :1tAM; 303 298 0215 -> CITY OF WHEAT RIDGE; Page 32 ' 08/01/97 FRI 11:10 F.~Lt 809 298.0215 GORStiCH KIRGIS C~J032 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 1997 TITLE: AN ORDINANCE AMENDING SECTION 28-30(DI OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CONSOLIDATION PLATS BE IT ORDAINED 6Y THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Cade Of Laws, Chapter 26, Zoning Code, Section 2fi-30, Subsection ID} "Development on Multiple Parcels or Lots (Consolidation Plat or Deed}, is hereby amended as follows: {D) Development on Multiple Parcels or Lois (Consolidation Plat or DeedJ: It is the intent of the City of Wheat Ridge that where a development entails the aggregation or consolidation of two 12) or more lots or parcels of land or portions thereof in order to accommodate such development, such shall be considered a development lot. Prior to issuance of a huilding permit in sucfi instances, the owner shat) file a consolidation plat or consolidation deed, together with certified boundary survey, which plat or deed and survey shall be reviewed.by the department of public works for accuracy and, if found to be accurate, shall be recorded, by the owner, with the Jefferson County Clerk and Recorder. All consolidation plats or consolidation deeds for multifamily dwelling development shall be accompanied by a Type I site plan, as set forth by Section 28-8(E) of this Zoning Ordinance. Such consolidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice requirements and approval procedures and standards for review as for a Planned Building Group. The purpose of these provisions is to avoid the construction of overly large buildings which may negatively impact surrounding neighborhoods by increasing traffic, creating congestion by ingress egress points obstructing light and air and 6y making access for fire protection difficult, and to prevent construction of one (1 }large building to avoid compliance with the subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design flf setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage facilities. LOTS OR PARCELS OF LAND WHICH ARE INCLUDED IN THE RESIDENTIAL-3 (R-3) OR RESIDENTIAL-3A (R-3A} ZONES AND WHICH ARE fNDIVIDUALLY SUBSTANDARD FOR MULTIFAMILY DEVELOPMENT, BUT WHICH WOULD MEET THE LOT SIZE AND WIDTH REQUIREMENT FOR SINGLE OR TWO FAMILY DEVELOPMENT, SHALL NOT BE CONSOLIDATED FOR THE PURPOSE OF MULTIFAMILY RESIDENTIAL` DEVELOPMENT GED\430Z71Z57242.07 03/01.; 97 fRI 11:11 F.i~ 303 ?93 0215 GORStiCH %IRGIS ~ 033 UNLESS THE PREDOMINANT ADJACENT LAND USE IS MULTIFAMILY DEVELOPMENT OF A SIMILAR DENSITY. Section,2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Seyerability; Conflicting Ordinances Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the All Id her o divan eslor parts tof ordinances innconfldictlwith the provisions of{ this o dinance are hereby repealed. ' Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1997, ordered newspaper of general circulation in the City of Wheat Ridge and Plubllc Hearnlg land consideraticn on final passage set for the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,9Colorado00 o'clock p.m., in READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of , 1997. SIQNED by the Mayor on this day of , 1997 ATTEST: DAN WILDE, MAYOR WANDA SANG, CITY CLERK APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. bAHL, CITY ATT06NEY OED\57ax~\3x6373.01 _~_ _ __ neu Oi ~ ~I = 1 L.".M11i ^ ~ I u~ ..n G.~~ ~~uu ~ „uyv u+ ^ OS/Oli9i FRI 11:11 F.iI JOJ 293 0215 'V~ Lmo GORSLCH ftIRGIS X05{ First Publication: Second Publication: Wheat Ridge Transcript Effective Date: csn~saoa~~ussaa.al _3_ Pub lshed July 18 1997 ~~ NOTICE OF PUBLIC HEARING Notice Is hereby given that a Publi Hearing is to be held before the CrtMy ~ SION onAUgus 7AN997, at 70:30 p'n at 7500 West 29th Avenue, Whee Ridge, Colorado. All interested ckrzer are InvRed to speak at the Public Hea ing or submit wntten comments. Th. following petitions shall be heard: 1 ~S-g7-2: An appplicatic by Dlana Whdfreld for Tfor Toula Daddrs t~ approval of a two-lot subdivision fr property zoned Residential-Two ar Residential-Three. Said property located at 444,5 Parfet and 11050 We 45th Avenue and is legally descnbed follows: That part of East '/z Northwest, '/. Se lion 21, Township 3 Southh, Range E poet one the Wes8line of ParfetgStre at intersection of said West line wi pSouth line of West 45th Avenue, sa No~rthbne of sa~Easteh Northwestq and 576.5 feet West of said Parf Street, 550 feet, more or less, to No• line of West 44th Avenue; Thence Wf along the sai 201 7 feet; The~ce Nof 44th Avenue,, , Parfet Strleetw550 feetymorernor less the South line of said West 4~ Avenue; Thence East along South h of said West 45th Aoint of beg nne more or less, to p EXCEPT the South 166.00 feet there and EXCEPT the East 12b.00 feet Jefferson 1StateOOf eCo oeadof. Conte 1.34 acres, more or less. liter .~.,..,, ni.. 70A-97-5: An app by the City, o'-'~~f yyheat Ridge to consi a proposed amendment to the Wh Ridge Code of Laws, Chapter 26, Z ing Code, relatin to Group An gPpli 3. lion by the City of Wheat Ridge to c sider a proposed amendment to Wheat Ridge Code of Laws, Chat 26, Zoning Code relating to resider densities and development standard 4. ...,..,, nr~ o~A-97.1: An apps lion by the Ctty of Wheat Ridge to c sider proposed amendments to the r of Wheat Ridge Comprehensive De opment Plan relating to residential c i srtres and development standar Items #3 and #4 shall be considere the same a binc hearing. ee mn Marilyn Gunn, Recording Secre ATTEST: z~~a~ ano Wanda Sang, Gity Clerk Wheat Ridge Transcrfpt 3956-97 Published Jul 18, 1997 ,, Planning Commission Minutes August 7, 1997 Page 5 ordinances in late 1996 concerning group homes tb bring the City's Code of Laws into. conformance with Federal and State Statutes and in particular the Fair Housing Act. All references were previously thought to have been changed, however, one reference was not included and therefore now needs to be deleted. This change will delete the reference to . developmentally disabled persons from the list of uses permitted as special uses in the R-1. Basically this means, that local zoning authorities are not permitted to treat individuals with developmental disabilities or any of the other protected classes under the Fair Housing Act any differently than single family homes. It is illegal to treat disabled persons differently than any family just for that reason. The change to this ordinance is to clean up all the references. A motion was made by Commissioner BRINKMAN, seconded by Commissioner CERVENY, "I move that Case No. ZOA-97-5, a request for approval to amend Section 26-10(E), Zoning Code of the Wheat Ridge Code of Laws, be Approved for the following reasons: 1. It will remove the requirement for a Special Use Permit for group homes for nine (9) or more developmentally disabled persons. 2. It will allow compliance with the Fair Housing Act " Motion cazried 5-0. Items C and D Combined for Public Hearing: C. Case No. ZOA-97-8: An application by the City of Wheat Ridge to consider a proposed amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relating to residential densities and development standards. D. Case No. WPA-97-1: An application by the City of Wheat Ridge to consider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relating to residential densities and development standards. Commissioner CERVENY requested a moment prior to discussion. He stated in the CPRC Minutes of June 1 1, 1997, a motion was made and approved by Member ECKARDT that the Goals and Policies for the City as established by the CPRC, should come before the Council and Planning Commission in a Study Session. The Commissioner had many questions as it relates to the Goals and Policies and density recommendations. He suggested that the Goals and Policies be reviewed and approved prior to discussion of any density issues. ~ Chairperson WILLIAMS stated that he would prefer more time to digest all of the information Planning Commission Minutes August 7, 1997 Page 6 and was also concerned that not all members were present. He felt that these were serious issues to be considered by all Commissioners. He asked the City Attorney if postponement to the next meeting would cause a hardship for anyone. Mr. Dahl stated that these issues aze time sensitive and that the moratorium would expire at the end of September. He advised that in order to prepare for first and second readings prior to the moratorium being lifted. Mr. Dahl stated that this is a tight schedule and that the Planning, Commission's recommendation and adequate time must be given to Council so that the moratorium need not be extended. Extended moratorium could lead to litigation. Commissioner SNOW stated that she felt that the Commission should go forwazd with the review and recommendation of the ordinances. She said there is no guazantee that all of the Commissioners would be available at any given meeting. She stated that even though she realized that the goals and objectives had not been formally accepted or approved, that they had been distributed and should have already been reviewed by the Commission as well as the density report. Commissioner CERVENY stated he felt that it is important to understand what the goals aze before proceeding. He asked the City Attorney if a postponement would create a crucial liability for the City. Mr. Dahl stated there is no magic number, however, the longer the moratorium continues, the more difficult it is to defend and further that there is one case currently in process which is related to the moratorium. Mr. Dahl said that the Council could choose several routes one of which being to lift the moratorium. However, this would permit applications to be submitted and processed under the old rules. Commissioner CERVENY stated he felt uncomfortable trying to set rules when he isn't sure what the goals and policies aze. Mr. Dahl informed the Commission that the posting has been made for this public hearing and suggested that the hearing continue and at the end of the testimony, then decide what action to take. Commissioner CERVENY said that he felt that too many time decisions aze made and someone isn't happy and they try to change the decision and feels the Commission should not operate in that mode. He stated that he would prefer to know what the Commission is trying to accomplish before setting policies. Commissioner CERVENYrestated motion, seconded by Commissioner BRINKMAN to have the Plamring Commission postpone decisions until after everyone has had a chance to review the goals/policies of the CPRC. Motion carried 5-0. Mr. Dahl confirmed that the public hearing publications have been made and there were those in the audience that wanted to testify. He suggested hearing testimony due to the publication and afterward decide whether there is enough information to postpone or approve. Commissioner BRINKMAN inquired if Council had the authority to have first and second ~ reading even if the Commission does not make a decision. Mr. Dahl stated that no recommendation created by a tie vote, can translate into the Commission had taken as much Planning Commission Minutes August 7, 1997 Page 7 action as it could and therefore the Council could act. Commissioner BRINKMAN stated she was not going to just throw her vote away and she is not going to say that she does not want to make a decision. However, her concern was that she had reviewed the information for the past week but still has the feeling that she did not know why she was making the decisions she was making. She pointed out the in the CPRC booklet, the first item states "draft" on the role of the CPRC. She felt they were being asked to make decisions without guidelines to go by. Commissioner SNOW asked if she had the goals and objectives. Commissioner BRINKMAN stated all she had was a draft. Commissioner SNOW stated that they had not been formally adopted by the City Council but that each Commissioner had the draft to review. Commissioner CERVENY restated his motion. Mr. Dahl advised that the public hearing needed to be opened so that it could be continued should that be the decision. However, if the public hearing was not opened, it would have to be renoticed to a new hearing in September. In addition, there were people ready to testify at this hearing. Commissioner CERVENY clarified that testimony could be taken of this public heazing but the Commission could postpone decisions until after the goals and objectives aze reviewed. Mr. Dahl said that would eliminate the need for a readvertizing and keep the public hearing legal. Ms. Reckert offered a suggestion that the CPRC meeting scheduled for August 13 become a Study Session for CPRC and PC, hear testimony this evening and they postpone the decision on the items until August 21. Commissioner SNOW, Chairmen of the Comprehensive Plan Committee, states there aze several reasons for recommendations on density 1.) City Council asked them to do so 2.) CPRC has concluded that the community expressed dissatisfaction with the density in the City of Wheat Ridge 3.) The Citizens have expressed negative concern for zoning changes from past to present. Discussion continues on these three issues. Commissioner SNOW stated the only recommendation different from last nights meeting which is not in the packet is that the number for square- footage will increase comparably in R-2 fo R-2A zone districts. Discussions on ordinance revision continued. Question was asked by Commissioner CERVENY, as to the intent that was behind the recommendation? Commissioner SNOW replied citizen input and changes in density numbers. Susan Seeds, 6147 West 35th Avenue read a letter from Karin Heine to Planning Commission, commending CPRC on their efforts. Chairperson Williams swore in the following citizens wishing to speak on this case: r Planning Commission Minutes August 7, 1997 Page 8 John Kellow, 4740 Parfet, stated that he is the president of a water company which regulates the use of several ditches and that the irrigation ditches cannot accept any more water runoff. Further runoff from increased development will not be accepted by his associates. Jerry Ditullio, 3250 Newland. As a citizen he supports the recommendations of CPRC and hopes for approval. Commissioner CERVENY points out that Planning Commission is not responsible for the goals and policies of the CPRC or the actions of the CPRC_ He will not have any further discussion regarding that issue. Lee Wedgewood, 10902 W. 20th. He speaks as a citizen and does not represent duplex owners. There was further discussion and clarifications of the numbers of duplexes, owners and the investors roles in the City of Wheat Ridge. Mr. Wedgewood does not support the proposed amendment. Lisa Rossen, 9490 W. 38th Avenue, Wheat Ridge. She supports the proposed amendment. Katherine Dunlap, 7160 W. 30th Avenue, Wheat Ridge. Mrs. Dunlap speaks as a citizen. She points out that CPRC addresses issues to maintain neighborhood chazacteristic and she agrees with this. Ms. Dunlap supports the proposed amendment. Martin Boros, 7200 W. 31 st Place, Wheat Ridge. Mr. Boros thanked the CPRC for their time and effort establishing recommendations for the development and density standazds in the City. Mr. Boros supports the proposed amendments. Ron Patera, 4125 Pierce, Wheat Ridge. Mr. Patera is a member of the CPRC and feels that they came to the meeting completely prepared. He states his wish to not table the proposes. Jean Fields, 3270 Fenton Street, Wheat Ridge. Mrs. Fields is a CPRC member. She states that this meeting should focus on the density issue. Commissioner SNOW requested that the density issue not be postponed at this meeting. Commissioner BRINKMAN asked a question in regards to the density revisions; were they done under the past or current regulations? Jerry Dahl clarified regarding the reconstruction ofnon-conforming duplex lots. Planning Commission Minutes August 7, 1997 Page 9 Commissioner CERVENY continued discussion on re-building. The following motions were made regazding Case No. ZOA-97-8. A motion was made by CommissionerSNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-14(F) of the Wheat Ridge Code of Laws, Residential -Two District(R-2), duplexes, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-15(F) of the Wheat Ridge Code of Laws, Residential-Two A District(R-2A), duplexes be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move the request for approval to amend Section 26-I S(F) of the Wheat Ridge Code of Laws, Residential-Two A District(R-2A) with respect to Multifamily, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to ammend Section 26-16(F) of the Wheat Ridge Code of Laws, for Residential-Three District(R-3) with respect to Multi-family, be approved:" Motion carried 3-2, Commissioners CERVENY and BRINKMAN voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-17(F) of the Wheat Ridge Code of Laws, Residential-Three A Districts(R-3A) with respect to multi-family, be approved:" Motion carried 3-2, Commissioners CERVENY and BRINKMAN voting no. A motion carried by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(1)(c) of the Wheat Ridge Code of Laws, Planned Residential Development(PRD) relating to density, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. Planning Commission Minutes August 7, 1997 Page 10 A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, " I move a request for approval to amend Section 26-30(D) of the Wheat Ridge Code of Laws, Developement on Multiple Parcels or Lots (Consolidated Plat or Deed), be approved" Motion carried 4-1, Commissioner CERVENY voting no. A motion was made by Commissioner SNOW, seconded bd of the 1Wheat RidgOCodeEof Laws, move a request for approval to amend Section 26-30(c)(4)( ) Planned Building Group, be approved:" Motion carried 3-2, Commissioner CERVENY and BRINKMAN voting no. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request for approval to amend Section 26-25(IV)(B)(1) of the Wheat Ridge Code of Laws, Planned Residential Development Site Design Criteria and be continued to August 14, 1997. Motion carried 5-0. A motion was made by Commissioner SNOW, seconded by Commissioner SHOCKLEY, "I move a request to observe no Ordinance change required for Residential-Three Duplex to a Residential-Three A with respect to duplexes, be approved:" Motion carried 4-1, Commissioner CERVENY voting no. g. CLO5E THE PUBLIC HEARING 9. OLD BUSINESS 10. NEW BUSINESS Commissioner SNOW scheduled a joint meeting on August 14, 1997 with the Planning Commission and CPRC is to discuss goals and policies. The Future meetings for the Colorado Chapter of APA and Lakewood were dicussed PUBLIC HEARING SPEAKERS' LIST CASENO;~=Z~ifi=9°Z=8 ~ DATE: August 7, 1997 REQUEST: A public hearing to consider an amendment to the Wheat Ridge Code of Laws, Chapter, 26, Zoning Code, relating to residential densities and development standards. ,~ `\~ ~`% Iu ;~ lp;3 /y'~ Position on Please the equest k / ~/~iiv /~Fin/~ ~ ~ ~`11~/l~- S~: ~~~~ ~ '// L ~ to - !: t C ~ ~ ~ ~~~ ~i+u u tin' Hne 1/ r ~-~^ .J O~ 11I ta S ~ ~ t~ ~l ~l ~1 +~ ! AR. ~ ~' T ~ r J 9 '~ ~.7-.I.tXI --/ N NOTICE OF PUBLIC HEARING Notice i ING COMM SSION on Augur 21,s1997e ate 730ep m. at 750Q We~ 9 A°enue, PLANK Wheat Ridge, Colorado. All interested citi etitions shall be heard: at the Public Heanng or submit written comments. The following p The following items shall be added to the agenda items as previously published for the August 21, 1997, Planning Commission meeting: r dA=97=8: An application by the City of Wheat Ridge to consider a proposed 4. 6 a_ No amendment to the Wheat Ridge Code of Laws, Chapter 26, Zoning Code relatmg to residential densities and development standards. 5. Case N~ ~r-~'-A-97"1: An application by the City of Wheat Ridge to consider proposed amendments to the City of Wheat Ridge Comprehensive Development Plan relfo ng to residential densities and development stand~and the Future Land Us residential development. ~ ~ Secretary ATTEST: Wanda Sang, City Clerk To be Published: August 14, 1997 Transcript a ~- zo~""~' ~-.~ CITY COUNCIL MINUTES: September 8, 1997 Page -2- Rick Eskeldson, 7220 West 48th Avenue, spoke in favor of speed bumps on 48th Avenue. John Kellow, 4740 Parfet Street, wanted to bring to Council's attention that the City is dumping storm water in a ditch that belongs to the Bayou Ditch Company; City is not paying their fair share. Jack Hurst, Chief of Police, read a statement regarding an article in the Jefferson Sentinel, ~~ with the headline Victim s mom says police killed her son". Chief Hurst has personally reviewed all the details of this case and held discussions with officers directly involved in this case, he is satisfied that police response was appropriate, thorough and effective. Bob Middaugh stated that he has reviewed this matter with Chief Hurst and supports him and Officer Berkowitz. This is absolute irresponsible journalism and he stands behind the Chief and the department on this. LOCAL LIQUOR LICENSING AUTHORITY MATTERS Item 1. Modification of Premises for Applejack Liquors, Inc. Item 1 was introduced by Mr. DiTullio; title and summary read by the Clerk. James Shpall, applicant, was present to answer questions. Motion by_ Mr. DiTullio to approve the modification of premises for Applejack Assoc. Inc., dba "Applejack Liquors Inc. ,-3320 Youngfield Street, Wheat Ridge, Colorado, and authorize the Mayor and City Clerk to sign the application; seconded by Mr. Solano; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bills No. 32, 33, 34, 37, 27, 28, 38, 31, 30, and 29, making amendments to the City's Code of Laws regarding residential density and density limitations and an amendment to the City's Comprehensive Plan corresponding to the various density changes made by the Council Bills. Item 2 was introduced by Mr. DiTullio. Motion by Mr. DiTullio to suspend the Council Rules for this item only and allow Councilmembers to speak more than twice; seconded by Mr. Solano; carried 6-1 with Mrs. Worth voting no. Motion by Mr. Siler to allow the Clerk to read three letters into the record; seconded by Mr. Solano; carried 7-0. CITY COUNCIL MINUTES: September 8, 1997 Page -3- City Clerk, Wanda Sang, read a letter from Wheat Ridge United Neighborhoods, Inc., which was in favor of the Ordinances and asked that Council support their passage. The second letter was from Tom Shoup, who asked that 1. all the Ordinances be withdrawn; 2. all property owners be notified by certified mail of zoning changes. The third letter was from Kathy Hass and Georgia Hass, who expressed their displeasure at the lack of proper notification to property owners; they asked that Council include an amendment that excludes existing duplex and multi-family units from the density requirements. Mr. Middaugh and Mr. Dahl explained the background and reason for these Ordinances. This is a legislative issue, not a zoning matter. The following speakers were sworn in by the Mayor: Avis Cheryl Compton, 4630-40 Pierce Street, stated that she and her mother own asix-unit property, that is zoned R-3, which is one of the two types of structures that were not exempted in the first reading. If anything happened, she could probably only rebuild four of these units; they are facing about 1/3 loss in the value of their property, they can't afford that. Her other concern was insurance, how would that be covered? She also feels that insufficient notice was given to homeowners. Ron Selstad, 23461 Morning Rose, Evergreen, made his comments as a Real Estate Broker, appraiser, owner of Wheat Ridge rental property, and former Wheat Ridge Councitmember. The proposed changes affect 6-700 existing properties; no matter how you phrase it, this is a rezoning process and you have given no notice to the owners of these properties. He asked that this be tabled indefinitely; he would support passage of Council Bills 30 and 31. Harold Smethills, 15669 West Maple Drive, owns multi-family units in the City; does not understand the animosity toward people who rent; most of us have been renters in our life; if 1/2 of the residents of Wheat Ridge are renters, have they been considered in this process? Density is not Wheat Ridge's problem, it is the age of its housing; it is old and getting older. This proposal is misguided and unfair; the effect will be to deprive people of new, affordable quality housing in Wheat Ridge and will take significant property value away from the very people who have built so much of this City. Jack Squire, 3270 Allison Street, duplex owner, didn't receive notice until he got one of the cards that the Realtors sent out; his property is a lifetime investment; feels that grandfathering in existing properties is a must and anything less is unconstitutional. Harold Lofgren, 4655 Everett Street, duplex owner, feels they should-be grandfathered in. He would like to be notified next time a change is proposed. CITY COUNCIL MINUTES: September 8, 1997 Page -4- Jimel Skaff, 4015 Ammons Street, duplex owner, asked to be grandfathered in. Tony Ficco, 12425 West 38th Avenue, is concerned about changing the square footage allowed in the R-2 and R-3 of the remaining land that's left in the City. 94% of the City is already developed; this requirement is being aimed at a few people, because of the 6% of the land that's available to be developed, doesn't state that it's zoned R-2 or R-3, it could be A-1, I-1, C-2, etc. We are going at this like we are a new City. Where does this leave a property owner who has held his property for years and now he may be finally in a position to develop it and he can't develop it. Lou Ficco, 11315 West 38th Avenue, asked that Council take more time to look into this and not rush into anything. Dan Boyce, 3433 Wadsworth Blvd., owns 1 acre with 3 houses on it; might want to develop that into apartment houses at some point; asked that his property also be exempted. Bob Fischer, 5055 West 33rd Avenue, owns 5-unit apartment in Wheat Ridge, wants R-3 exempted. Nancy Snow, 11155 West 40th Avenue, Chairperson of the Comprehensive Plan Committee, gave background as to how they came to make the recommendations. This City has a really strange zoning system, called pyramid zoning; the gripes are that you can have an apartment building right next door to a single family neighborhood; if we don't do something, people are going to tear down our mahy, many, small homes and put in apartments and people don't want that. She encouraged Council to pass this tonight. Boyd Adsit, 3245 Moore Street, President of Wheat Ridge Alliance for Progress, asked that any further action be postponed until after specific notification of effected property owners has been made and public hearings have been held. The Transcript has a very poor circulation; it is published on Friday, he gets his the next Thursday. Deanna Leino, has owned property in Wheat Ridge for 30 years; would appreciate being notified by mail if anything like this comes up; asked that exception be passed. Terry O'Neill, asked that this be postponed, but pass the exemptions so that property owners are protected. Nancy Werkmeister, 2996 Reed Street, homeowner in Wheat Ridge, spoke in favor of the density plan; a lot of time, effort, thought, and communication has gone into this plan. With lower density you have more stability in your population; is in favor of-grandfathering in existing properties; asked that this plan be passed tonight. CITY COUNCIL MINUTES: September 8, 1997 Page -5- Dave Bandimere, invited anybody present to come to 32nd and Benton and look at the quality of their apartments compared to the immediate neighborhood; the property has been in his family since 1937. Rose Moore, awns property in Wheat Ridge, asked for exemption for R-3 zoning. Edgar Gregory, 6710-20 West 47th Avenue, owns property with his grandmother; had a lot of questions that weren't answered, thinks this should be postponed. Roberta Thomas, 6595 West 32nd Avenue, has a hard time understanding the reasoning for these changes; she hasn't seen much building going or, or much change; the people who live in Wheat Ridge were either bom here, or moved here for the unique quality of the City. She has R-3 property; was given no notification; please rethink this. Gail Vichiola, 6601 West 32nd Avenue, doesn't understand the need for these Ordinances, only understands the need for grandfathering. Andrew Loushin, 4635 and 4610 Field Street property owner, (doesn't live in Wheat Ridge) wished they had bought their property elsewhere after hearing about these Ordinances; would appreciate the R-3's being grandfathered in. Catherine Dunlop, 7160 West 30th Avenue, stated that the City of Wheat Ridge does not have the funds to notify everyone about every issue; people have a responsibility to keep inforrned about issues they are concerned about; meetings have been held by the Comprehensive Plan Committee with each District; Planning Commission held public meetings and Council had public input at the first reading. Comprehensive Plan has been developed with input from a lot of citizens all over the City of Wheat Ridge; people are concerned about unrestricted growth, increasing density and protecting the character of their neighborhoods. City has the right and a responsibility to provide guidelines for future development of the City. The previous guidelines are very old. She urged Council to pass these Ordinances. Margaret Parry, 3060 Teller Street, her family owns several duplexes and a fourplex in Wheat Ridge, spoke in favor of the density ordinances. Martin Borose, 7200 West 31st Place, firmly supports this particular Comprehensive Plan; wants to have a residential area without amulti-family unit sitting square in the middle of it. CITY COUNCIL MINUTES: September 8, 1997 Page -6- Louise Turner, 11256 West 38th Avenue, is a firm supporter of low density and ,has watched for 28 years as the low density districts in Wheat Ridge have been whittled away by rezonings; however, there is a basic flaw among the ordinances in this group which violate the longstanding assumption and belief that we have a right to rely on our zoning; our rights in any zone district are clearly spelled out in the zoning law and she doesn`t care if it's her right to have a horse, or her neighbors right to put a given number of units on a given sized lot; if it is spelled out in the existing zoning, it is a use by right. Asked that Council make a commitment not to take low density land and rezone it for high density development. Motion by Mrs. Worth to go past 11:00 p.m. and finish this Item and Item 6 and continue the rest of the Agenda to next Monday, September 15, 1997 at 6:00 p.m. and continue until we finish our Agenda at that time; seconded by Mr. Solano; carried 7-0. Kim Stewart, 11700 West 46th Avenue, owns and occupies along with her mother a duplex there; was very happy when moratorium occurred; grandfathering in existing property is important; supports what the Council has done; asked that all current existing things be grandfathered, including those properties that are currently zoned to be built upon. Diane Simmons, 7160 West 29th Place, voiced her support for the proposed density ordinances because they provide a proper and fair means of assuring that Wheat Ridge will retain the quiet, safe, country atmosphere which attracted us all here in the first place; this will protect our City from becoming just another victim of uncontrolled urban sprawl; urged Council to pass the Ordinances. Jerry Roach, 7805 West 41st Avenue, was concerned about people 'in a single family home on R-2 property that eventually wanted to build a duplex and couldn't do it under the new Ordinance. He feels this constitutes downzoning by Ordinance. Roger Loecher, 4599 Carr Street, people are happy with their zonings, they don't want to change and face the uncertainty of what can happen. Sandy Collins, 3415 Teller Street, duplex owner, applauded Council and staff for moving density ordinances forward; this will protect the integrity of neighborhoods for all residents; plenty of notice was given by the City. Tom Slattery, 6869 West 32nd Avenue, Vice Chairperson of the Comprehensive Plan Review Committee, clarified some issues that have come up tonight. He disagreed with the Committee to increase the lot area for duplexes; feels the 12,500 square foot requirement is plenty. _ CITY COUNCIL MIN[JTEB: September 8, 1997 Page -7- Ron Patera, member of the Comprehensive Plan Review Committee, explained how they based their decisions and recommendations on input from citizens who attended the public meetings. What Council has in their hands tonight reflects the sentiments and concerns of believoesnin the 15,000 square f of requirement forcduprlexesather the existing structures. He Se for all WheatiRidge ctizens rather thankmoneyt asked that these Otld nuances be passed with the appropriate amendments. 'Jim Homburger, 5509 West 26th Avenue, owns R-3 property; doesn't think it's fair to devalue people's property; quality of life here hasn't changed; he is angry about it. LaVonne Holden, 3321 Yarrow Street, duplex owner, feels the current lot size for duplexes is more than adequate, we don't need 15,000. , A. Council Bill 32 - An Ordinance concerning residential density limitations upon two- family dwelling units in the R-2 District. Motion by Mr. DiTullio for approval of Council Bill WherOrrelconstruc0t'~on)of austructu ev stonly delete the words (2) redevelopment of a property part of such redevelopment; seconded by Mrs. Shaver. Motion •by Mr. Siler to amend the Council Bill to change the 15,000 square feet back to the 12,500; seconded by Mr. Solano; failed 2-5 with Councilmembers Siler and Solano voting yes. Motion by Mr. Solano to amend the Council Bill to exempt existing R-2 property owners that do not have an existing structure from this; seconded by Mr. Siler; failed 2-5 with Councilmembers Solano and Siler voting yes. Original Motion carried 6-1 with Mr. Siler voting no. B Council Bill 33 - An Ordinance concerning residential density limitations upon two- family dwelling units in the R-2A District. Motion by Mr. DiTullio far approval of Council Bill 33 (Ordinance 1088); I further move to darttof such redevelopmentloseconded by Mps.rtWorth re reconstruction of a structure is only P CITY COUNCIL MINUTES: September 8, 1997 Page -8- Motion by Mr. Solano to amend the Council Bill to exempt existing R-2 A property owners that do not have an existing structure from this; seconded by Mr. Siler; failed 2-5 with Councilmembers Solano and Siler voting yes. Original Motion carried 6-1 with Mr. Siler voting no. C. Council Bill 34 - An Ordinance conceming residential density limitations upon multi- family dwelling units in the R-2A District. Motion by Mr. DiTullio for approval of Council Bill 34 (Ordinance 1089); I further move to delete the words (2) redevelopment of a property where reconstruction of a structure is only part of such redevelopment; seconded by Mrs. Worth. Motion by Mr. Solano to amend the Council Bill to exempt existing R-2 A property owners that do not have an existing structure from this; seconded by Mr. Siler; failed 2-5 with Councilmembers Solano, and Siler voting yes. Original Motion carried 6-1 with Mr. Siler voting no. D. Council Bill 37 - An Ordinance concerning residential density limitations upon multi- family dwelling units in the R-3 District. Motion by Mr. DiTullio for approval of Council Bill 37 (Ordinance 1090); seconded by Mrs. Shaver. Mrs. Shaver asked for a friendly amendment to add the grandfathering clause to this Council Bill. This was accepted. Motion by Mr. Siler for an amendment to grandfather in current property owners to be able to develop land that they presently own; seconded by Mr. Solano; failed 2-5 with Mr. Solano and Mr. Siler voting yes. Original Motion carried 6-1 with Mr. Siler voting no. E. Council Bill 27 - An Ordinance concerning residential density limitations upon multifamily dwelling units in the R-3A District. Motion by Mr. DiTullio for approval of Council Bill 27 (Ordinance 1091); I further move to delete the words (2) redevelopment of a property where reconstruction of a structure is only part of such redevelopment; seconded by Mrs. Fields. - Page -9- CITY COUNCIL MIN[JTES: September 8, 1997 Motion by Mr. Solano to amend the Council Bill to exempt existing R-3 A property owners that do not have an existing structure from this; seconded by Mr. Siler, failed 2-5 with Councilmembers Solano, and Siler voting yes. Original Motion carried 6-1 with Mr. Siler voting no. F. Council Bill 28 - An Ordinance concerning residential density limitations in Planned Residential Developments in the PRD District. Motion by_Mr. DiTullio for approval of Council Bill 28 (Ordinance 1092); seconded by Mrs. Shaver. Mrs. Shaver asked for a firiendly amendment to add the grandfathering clause to this Council Bill. The grandfather clause will be a new subsectmo n(I) a rilan tvtleaui ement of less than twenty-one units er acro w~~~ ~ ~ G~ •-~• •-- •• •- ~ - - PRD district where such structures and their reconstruction meet all of the followino requirements....."This was accepted. Motion carried 6-1 with Mr. Siler voting no. G. Council Bill 38 - An Ordinance concerning residential density limitations in the PCD District. Motion by Mr. DiTullio for approval of Council Bill 38 (Ordinance 1093); seconded by Mrs. Dalbec; carried 6-1 with Mr. Sifer voting no. H. Council Bill 31 - An Ordinance amending Section 26-30(c)(4)(d) of the Wheat Ridge Code of Laws, concerning Planned Building Groups. Motion by Mr. DiTullio for approval of Council Bill 31 (Ordinance 1094); seconded by Mrs. Fields; carried 7-0. I. Council Bill 30 - An Ordinance amending Section 26-30(D) of the Wheat Ridge Code of Laws concerning Consolidation Plats. Motion by Mr. DiTullio for approval of Council Bill 30 (Ordinance 1095); seconded by Mrs. Fields; carried 7-0. _ Page -10- CITY COUNCIL MINUTES: September 8, 1997 ~, Council Bill 29 - An Ordinance amending Section 26-25(IV)(B)(1) of the Wheat Ridge Code of Laws, concerning site development requirements for Planned Residential Developments. Mootu h b{oruvard unltl hea ngs hoave been h edl by the C mprehenls ve Plan Revieween br g Committee and Planning Commission; seconded by Mr. Siler. M ctonded byrMrslaW rtha MrsaShave~tasked that the changes be publshed in She se newspaper. Mr. Solano and second accepted this as a friendly amendment; carried 5-2 wit Mr. Siler and Mrs. Dalbec voting no. p(, Motion amending the Comprehensive Plan of development adopting a text change for residential land uses. Motion by Mr.o read ashfollohwsteResidential.mThis category an udesnall 9 u tures'orland use be amended t establishments for ou ed according toethe number of family un is in the resdencevgroup renter occupied, g P quarters or t ons artealrovidedlw th or without meals mobile homeparkslof a permanent accomntoda P nature. A. Agricultural estate, one unit per acre. B. rural estate residential, a minimum of one-half unit per acre. C. Single family residential, one-five units per acre. D. Single family residential, six-nine units per acre. g. Single family/duplex residential, four-seven units per acre. F. Multi-family residential, ten-twelve units per acre. 6. Apartments and condominiums, a maximum sixteen units per acre. seconded by Mrs. Worth; carried 6-1 with Mr. Siler voting no. L, Motion to amend the Comprehensive Plan by adopting a new interim residential land use map. Motion by Mr. DiTullio that the interim future residential land use map, dated August 20, 1997, illustrating interim residential land use categories for the Comprehensive Plan of roved; seconded by Mrs. Worth; carried 7-0. Development of the City of Wheat Ridge be app CITY COUNCIL MINUTES: September 8, 1997 Page -11- Mayor Wilde stated that he will veto Items A B C D E F and G; he will provide a letter. Item 6. Resolution 1623 - referring a ballot question to the voters of the City at the November 4, 1997, General Municipal Election, concerning revenue in excess of constitutiAnal limitations received in the fiscal year ending December 31, 1996. Resolution 1623 was introduced by Mrs. Worth; title read by the Clerk. Motion by Mrs. Worth for approval of Resolution 1623; seconded by Mr. Solano. Motion by Mr. Solano to amend to add "or the Teen Center'; seconded by Mr. DiTullio; carried 7-0. Original Motion as amended carried 6-1 with Mrs. Dalbec voting no. Meeting adjourned at 12:12 a.m. September 15, 1997 -Continued Meeting from September 8, 1997. Mayor Wilde called the continued meeting to order at 6:00 p.m. Councilmembers present: Teri Dalbec (arrived at 6:05 p.m.), Jerry DTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler (arrived at 6:09 p.m.), Tony Solano, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Treasurer, Jim Malone; Acting City Manager, Bob Goebel; City Attorney, Gerald Dahl; Director of Parks, Gary Wardle; staff; and interested citizens. Item 3. Council Bill 39 - An Ordinance providing for the approval of rezoning from Commercial-One to Planned Industrial Development District and for approval of an Outline Development Plan on land located at 9500 West 49th Avenue, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ-97-10) (Pacifica Holding Company LLC) Council Bill 39 was introduced on second reading by Mrs. Worth; title read by the Clerk; Ordinance No. 1096 assigned. ~',~ { spa Class .-5 Rozdways /111 All o[ner Rozaway Classes ER /~ ER ~ ' ,' F dyk a; ARVADA t 5 F 1-5 ~ - ~ - . __ .. ~ ., ....-. BP - BP P ' GciurnJo y y°~ry0rn P ~. ~ ^- ~'. ui 8P - O - MF r BP ~ BP C BP a s ~y: .. - - SF/DP ~'_ d` `^^. .ere m k If}~CORPORATED ;s _ ER SF c-9 4 •3N ~ ~.~ ~ fi`$©1~1-~- 4 -. SF/DP - , . (~ c ^" ~~ SrIDP~` _ n ~ ~ 6 t-.- ti ~'- - _ SFlDP SFPJP - 3 O - uk~4r 4. ~~ - °- TR .. - '.iF I nFC.' :-t:' - SFta ' - ~ SF&9 ~ - - ~- - - ~i SF t 5 - " ~~ U SF t c ~. O = i r IL _ 4! ~* r~ry~~ r F T i__s ~l`': is ~ i .- r ~P r~'.. S~ F/Dp_..~nr ~ SF/D~~..,.,P„~,- ~ ~. .f "sx`*'"~'~ „ ' ': x ,"~~-' ~_t:, _. I Si:.~DP y 9Ff.A' ~ ~-,~n~trf ~ j ~ ` ,. -- ..-_. ~SF/OP ~ SF~~SF 1-5 - ~S._ _.-._ 9 d ~`f - _ a r i. ~- J / e ~ ~~r SF. ~: ,~ -~ SF t-5 - _, ~^--~..._. , SPoDP ER t - . - ~ a ,~ ._ .. i,r ER ~ pcr SF 7-5 Pte' Lenn Guldn c ~F « ER _ i~ti ~ n a - - ~ ~KEWDOD ~~~ \ A, .._.__.^" SF t-S ii ,tt ~,~_ e NOTE: Lano use designati - - ff ~~1 i } which were not Coe O i_SF 73 f~ tt r _. u-_ \ Future Residential ~° _ .. a NORTH - - - ~'"~ ~ - 2 --.... _._. {~ j SF t-5 •~'~' S This maP is for planning use and not ~~ ~F/DP NR ~Q inrendetl far legal purPOSes. ~ „_ , ._,.._, _.~. ,.,, ~~,,, _ . Fino CUp> I! mGnQec'}; i I ~fU hv; ;j; /Oc; 9i item # 4: Changes to the tea-family anc~ [nu[Ci-famiCp residential density requirements speci~~Ca&[~ f~°2, R-3, R-3~a., ~C-2F~ artd the Planned ResideRtlBE E2i5trtCt r~l'ttGh urF r~tt@rel.E to lift the t9rit~1aC8F'~r RlarataritdlT an rezoning fort~wo-fatrtif~r artd tztt~@ti-family residentia; odes kj Recommended Density Requirerrrertts Dt~pFe~ and tsFiulfi-fiamfty The following table summarizes the recommendations as revised by the CPRC, ed on technical support provided by CRRI to the CPRC, of all requirements vrhich i ct the density of dwelling units. irdfiEkT RIDGE RECdhRA~ENDED DEN&tTIES: Duptex ~ E~utfi aevatopmant R-2 R-ZA R-2h kSUttE- R-3 R-'s I Standard Duptex Dup(cz I family Dupfez 'Mutt mfly {~ ~ J amity Zoning District ~ R-3fi. R-3~ :, PRD Duplex Multi- j family I 10 dulper dulper - dwper arse ~. ov per i 1 ~ cu,'per 10 FaKzximum Net u ,~ acr ^ acre acre ~ dulper UersfTy•1 per dulper acre ~ acre.3 f r .2 %du• C~'r 9.6 70,9tluI„er 9.E per 20.7oulp°•' 9.Edurrr ?<.57usr 12tdu~par ~ acrb crfSUnO ' acre dwpsr acre ~ acre i acfF ? , I acre aUr I ' ~ OC0 1 s acre 10 250 t3,050 sq. R. ~ ~ 12,500 sq. 'i ~ 9,000 sq. I - ----- '"- --- ----._ 9,CU=~ c~,.. _ ~ 2 ~OD ~ 1 acre f.4inrmum Lot . I ft , ft I s ~ ~ i ' ~ - Area- . sq 500 I 2 . q. 000 S Sam same lamb ~ same -°r3mF Sa. fit ~ r.-x,5fi,r4 x . , sy. 0. N!A NfA ~ 0 sq. fi. ~ NIH 3.630 sq. tl N!A I N/fi 'x,960 sq. €dlinimum SF Per . unit _ _ N/A ~ -- fJ//i 4.00054 k - ~ N/A 2,100 s~. t. fa7P 3,GP0 so. N/A - F_x islinc 1 i 6j hy'odlficafions fa f ptanned 6uifding Group : We have prepared chances in the form of a separate ordina to the Planned Building Groups vrhich adds the condition of compatibility with the neighb ood in terms of character and Density. Gj Develop of on Multiple Parcels or Lofs: We have prepared changes which complement mrtdific ns made to the Planned Building Groups which prevents kot consolidation for multi- 1 V~aximum densit shall not exceed the stated number. This r a^re unit maximum i?•; not a duarantee an' shalt only apply if all site development standards and rezoning evaluation criteria are adhered to. Once the Comprehensive Plan is adopted, additional site design criteria will be added to au zone distracts and the PRD zone by CMl as discussed by City Council. Net density is the number o` dwelling units allowed on an area df land excluding all streets and roads, whether public or private. Po their full platted, dedicated or reserved width for circulation of the traveling public within or through the development. 2 City Council requested that all maximum density requirements be stated as whole numbers. 3 fQOle: Charter allows maximum of 2f units per acre, but includes language the? lesser dansit~ee~ may be prescribed (see section 5.tC. i(e)). This Is a comparable change in minimum lot size to what was suggested in the R-2 duplex zone category (a land saving advantage of 16.7% versus the current 30.6~~ land saving advantage) and will similarly minimize the incentive to build duplexes. In the next round of zoning revisions, we will suggest that this zone category be deleted as there are only 3 smelt pockets of R2A tlup(ex in the City, one of which is land owned by Foothills Academy. Commvnily Matters. Inc. TdChnICCI Memo explaining ordinonCe ChOngeS final COPY 1:57 PM; 07/30/47 - -- -- -- 2 Item # 4: Changes to the two-family and multi-family residential density requirements specifically R-2, R-3, R-3A, R-2A and the Planned f~esidentiai i3istrictwhicfi'are required to lift the temporary maratarium on rezoning fortwo-family and multi-f~mi.[y residential uses A) Recommended Densify Requirements Dripfex and Mu1tf-famffy The following table summarizes the recommendations as revised by the CPRC, based on fechnical support provided by CMI to the CPRC, of all requirements which impact the density of dwelling units. WHEAT RIDGE RECOMMENDED DENS(TfE,S: Duplex & Mufti -family Zoning Districts Development R-2 - R-2A R-2A Multi- R-3I R-3 R-3A R-3A PRD Standard Duplex Duplex family Dup~ex Multi-family Duplex Mulfi- famffy Maximum Net 7 d/u 7 du/per 10 du/per 7 du/per 12 dulper acre 7 du/per 11 du/per i6 Density ` per acre acre acre acre acre du/per acre' acre= Existing 7 dulper 9.6 10.9 du/per 9.6 du/per 20.7 du/per 9.6 du/per 14.5 dulper 21 dulper acre, du/per acre acre acre acre acre acre acre Minimum Lot 15,000 10,250 12,500 sq: it. 9,000 sq. 12,500 sq. Y. 9,000 sq. 12,500 1 acre Area sq. ft. sq. ft.` ft. ft. _ Existing 12,500 9,000 same same same same same same sq. li. Minimum SF per N/A N(A 4,350 sq. ft. NIA 3, 630 sq. ft NIA 3,960 sq. N!A unit ft. Existing N/A N/A 4, 000 sq. 11. ~ N/A 2,100 sq. 1f N/A 3, 000 sq. N/A H. i B) Modfflcaffons to the Planned Bufldfrrg Group : We have prepared changes in the form of a separate ordinance to the Planned Building Groups which adds the condition of compatibility with the neighborhood in terms of character and Density. C) Developmenf on Multfpfe Parcefs or Lofs: We have prepared changes which complement modifications made to the Planned Building Groups which prevents lot consolidation for multi- Maximum density shall not exceed the stated_number. This per acre unit maximum is not a guarantee znd shall only apply if all site development standards and rezoning evaluation criteria are adhered to. Once the Comprehensive Plan is adopted, additional site design criteria wilt be added to all zone districts and the PRD zone by CMI as discussed by City Council. Net density is the number of dwefling units allowed on an area of land excluding all streets and roads, whether public or private, to their full platted, dedicated or reserved vridth for circulation of the traveling public within dr through the development. 2 City Council requested that all maximum densify requirements be stafed as whole numbers. ' ' Note: Charter allows maximum of 21 units per acre, bu[ ir4cludes language that lesser densities may be prescribed (see section 5.f0.1(e)). `This is a comparable change in minimum lot size fo what was suggested in the R-2 duplex zone category (a land saving advantage of 16.7% versus the current 30.6% land saving advantage) and will simf(ady minimize the incentive to build duplexes. In the next round of zoning revisions, we will suggest that this zone category be deleted as there are only 3 small pockets of R2A duplex in the City, one of which is land owned by Foothills Academy. , Communify Ma4fea, Inc. Technical Memo explaining ordinance changes _ , i [°nt R sA"` ~ pRD OMMENDED DENSITIES: Duplex 8~ kfutti -fa WHEAT RIDGE R EC R-} R~ A A-Z R_Zp, R-2A hfuttt- A-3 I Multl-famtty i®x Dup, Multi- Development Duplex family ~ Dupiez famtty . Standard Duplex e 6 duper 9 11 PeC 16 6 5 10 dufper f 9.6 duper , 12 dufper au . 1 acre U dufper Maximum Net 6.S d.u . acre k acre acre3 1 De0S1ty per 2 dufper aCrO ~- I r 0 9.60Wpcr ta.5 d<Jper 21 CrdDe acre 5 9 70.4 atirper 9.6 du D8r . 2 cre ecrc eae a:1a ~xrst«`0 - ., r 7 . du/p~;r a°a I aUa a - re acre acra ~ - 12 500 sq fi. 9 000 5 q~ 12.500 t ac 250" 1x 13.050'sq: fi. 9,000 sq. ft. ASlnimum Lot. 15 D00 ft . y sq fi ft. ame - - same same some Area . sq. _.. . ___. ' ' ., K» -~ ~- sama - same ~ s .. unit per 5050 sq: X,O sp. 3.650 s4~ 2. t (%1 so. ~ 960 sit. h. .~ ~~ >i. E /~ft',8~-E /~EIG~7~Si D Finol Copy (nmentletl PVtStront to t:PRC Req~esi) 10:22 nM: 08/07/97 /-E2 ~- ~ - / '~ '- - " ~ ~~ CP2C . ,4~ 77 v n/ z Item # 7..Changes to the two-familyand atiulti-family residentia[.density requirements spee;ifica!!y R-2, R-3; R-3A, R-2Q and the Planned. Residential District which are required to lift the temporary moratorium on rezoning for two-family and multi-fami!fy residential uses AJ Recommended Density Requirements Duplex and Mu{t%lamity The following table summarizes the recommendations as revised by the CPRC, based on technical support provided by GMI to the CPRC, of all requirements which impact the density ofdweiling units. WHEAT RIDGE RECOMMENDED DENSITIES: Duplex & Mu[ti -f&mify Zoning Districts Development R-2 R•2A R-2A Multt- R•3 R-3 R-3A R3A PRD Standard Duplez Duplex !`amity Duplex Mutti-fatuity Duplez 6dultl- famil Maximum Nef 5.8 d/u 8.1 10 duper, 9.7 dulper t2 du/per acre 9.7 duper 11 du/per 16 Density f per du/per acre acre acre acre duper _ au:~2 _acre acre3 Existing 7 dr/per 9.7 10.8 dWpAr 9.7 drYper 20.7 dulper 9.7 durper iC.S duper 27 dWpbr acre duper ape ape ~Gre acre acre acre acre Minimum Lot iS,00D 10,800 13,050 sq. ft. ?,000 sq. 12,500 sq. ft. 2,000 sq. 12,500 1 acre Area sq. h. sq. ft.4 R , ft. s . R Existing 12.500 9.000 sq. same same same same same same 1<. K Minimum SF per WA NIA x,350 sq. tt. N/A 3, 630 sq. ft WA 3,960 sq. N/A unit g, Ezistirg - WA N/A 6,000 sq. ff. WR 2,100 sq. 1L WA 3,000 sq. WA r.. BJ Modificafions fo the Planned Building Group : We have prepared changes in the form of a separate ordinance to the Planned Bui{ding Groups which adds the condition of compatibilRy with the neighborhood fn terms of character and Density. CJ Deveiopmenf on Muftipfe Parcels or Lots: We have prepared changes which complement modifications made to the Planned Bullmng Groups which prevents lot consolidation for mu[ti- 1 Maximum density shat( nct exceed the stated number. This per acre ueu4 maximum is not a guerontee and shall only apply if all site development standards and rezoning evalua5on criteria are adhered to. Once 4he ComprehensWe Plan is adopted, additional site design criteria wilt be added to all zone distnds and the PRD zone by CMI as discussed by City Cound[. Net density is the number of tlwe(ling units allowed on an area of land excluding all streets and roads, whether public or pnvate, fo tllelr furl platted, dedipted or reserved width 4or drwlation of 4he 4raveling public within or through [he development. 2 City Coundl requested tha4 aII maximum density requirements tk btated as whole numbers. 3 Note: Charter allows maximum of 21 units per acre, but inductee language that lesser densities maybe preccribod (see section 5.10.1(e)}. ' This is a comparable change in minimum tot size fo what was suggested in the R-2 duplex zone category (a 20% increase} and will sirnilariy minimize the incentive to build duplexes. in the next round of zoning revisions, we will suggest that this zone category be deleted as there are only 3 small pockets of R2A duplex in the City, one of which is-land owned by Foothills Academy. C:ornmunily Motlen, Inc. Techrecol Mema exploin"ing ordmonce changes CITY COUNCIL MINUTES September 22, 1997 Page -3- Mr Dahl explained background of this Ordinance and stated that the hearing for tonight had been published in the paper as per Mrs Shaver's request. Harold Smethills recommended that Council further study this Ordinance, R seems to limit both Council and applicants. Tom Slattery stated on behalf of the Comprehensive Plan Review Committee that this Ordinance reflects their recommendations and encouraged Council to reenact this. Nancy Snow asked that Council pass this Ordinance Comprehensive Plan Review Committee and Planning Commission have spent a lot of time on this, now it's Council's turn to enact it. Catherine Dunlap stated that the site development requirements for the PRD are very important to people in Wheat Ridge because they are meant to protect the rights of property owners Many developers will build to maximum density not taking into account the character of the surrounding neighborhoods. This Ordinance is in the best interest for all the people in Wheat Ridge Motion by Mr Solano for approval of Council Bill 29 (Ordinance 1097) as amended by the Planning Commission, seconded by Mr DiTullio, carried 8.0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Consider vote to override Mayoral veto on Ordinances 1087, 1088, 1089, 1090, 1092 and 1093. Ken Brengle, 1726 Cole Blvd , said that people think they are having value taken away by the actions of City Council, they applaud the Mayor's veto, this Country is built on personal property rights and we always need to consider that in our deliberations. John Jerman, 11694 West 37th Avenue, supports the idea of lower density and the work the Comprehensive Plan Committee has done on this, people want to preserve their quality of life, recommended that Council override the veto and stand behind what the citizens of this community want. Frances Howard 11777 West 18th Avenue, purchased some R -3 property in 1969 in Green Valley Subdivision would like to sell the land; this new rule would reduce her planned seven units to only four Think of the people who bought this as an investment for their golden years CITY COUNCIL MINUTES September 22, 1997 Page -4- Theresa Jenks, 2163 South Field Street, Mrs Howard's sister, purchased her lot at the same time, had no knowledge that there was a moratorium until they listed the property with a broker; doesn't feel it's right to wipe out your retirement with the stroke of a pen, let it remain as it is Phyllis Lindstrom, 1310 Youngfield, also a sister of Mrs Howard and Mrs Jenks, who bought property; her property is being considered for a retirement home, but is currently under the moratorium, let things stay the way they are Harold Lofgren, 4655 Everett Street, thanked the Mayor for his veto and Mr Siler and Mr Solano for supporting a lot of these actions, needs proper notification when things like this are being planned Henry Barriner agrees with Mayor's veto, is concerned about the ladies who have bought property; Council is not the final solution, there are courts Tom Shockley, 11605 West 46th Avenue, Planning Commissioner, stated that this veto is a slap in the face to all the people who have worked so hard on this. Lou Ficco, 11315 West 38th Avenue, asked Council not to override the Mayor's veto Nancy Werkmeister, 2996 Reed Street, spoke against the Mayor's veto and asked that Council override it. Rose Moore, 7521 Terry Court, owns two small houses that sit side by side on large pieces of R -3 ground; street has apartments on both sides, commercial on each end, they wouldn't do anything to detract from the value of that street; Council is taking the right from them to build on that property now or in the future Harold Smethills, asked that Council not override the veto The Ordinances are wrong morally and economically He still can't understand the animosity toward renters. Changes in property rights are a "taking" Wheat Ridge does not have a density problem, it has a renewal problem. Boyd Adsit, 3245 Moore Street, feels that Council ignored the majority of people that spoke on September 8 and went ahead and passed the Ordinances. Specific notification to property owners should have been provided Do not override the veto CITY COUNCIL MINUTES September 22, 1997 Page -5- Diane Simmons, 7160 West 29th Place, urged Council to override the Mayor's veto, these ordinances protect the City from becoming just another uncontrolled urban sprawl with its attendant crime, noise, pollution, school crowding and the other problems that go hand in hand with uncontrolled growth Don't just think about people who own multi - family parcels, think of single family residence owners, their property values usually go down when apartments are constructed in their neighborhood Lisa Rosson, 9490 West 38th Avenue, cited ten of Mayor Wilde's campaign contributors, eight of which were not in the City of Wheat Ridge, and urged Council not to follow in these footsteps, but to listen to the citizens of Wheat Ridge She urged Council to stick to their decision. Nancy Snow, 11155 West 40th Avenue, asked that Council override the Mayor's veto Catherine Dunlap, 7160 West 30th Avenue, asked that we think of Wheat Ridge's future, Mayor's veto is not in the best interest of the City of Wheat Ridge and the majority of its citizens Margaret Parry, 3060 Teller Street, owns duplexes and fourplex, supports Ordinances Susan Seeds asked that Council override the Mayor's veto, he has misunderstood the intention and purpose of these ordinances Phil Plummer asked Council to override the Mayor's veto, the last thing we need is to increase the density in this City Motion by Mr DiTullio that the original City Council action to approve Ordinance 1089 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs. Worth, carried 7 -1 with Mr Sitar voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1090 be reaffirmed and therefore override the Mayors veto of that Ordinance, seconded by Mrs Fields, carried 7 -1 with Mr Siler voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1091 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs Fields, carried 7 -1 with Mr Siler voting no Motion by Mr DiTullio that the original City Council action to approve Ordinance 1092 be reaffirmed and therefore override the Mayor's veto of that Ordinance, seconded by Mrs. Fields, carried 7 -1 with Mr Siler voting no CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 34 Ordinance No. 1089 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R -2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density; and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure, and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings; and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, said recommendations include recommendations on two essential components of residential density (1) minimum lot area and (2) minimum land area per residential unit, and WHEREAS, the City Council wishes to implement certain of these recommendations within the R -2A District, and WHEREAS, the City Council is authorized by Charter Section 5 10 1 (e) to reduce density in any zoning district BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO ran s�027 z_ LFa 0'. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DITULLIO Council Bill No. 34 Ordinance No. 1089 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R -2A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density, and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment tree from immediate development pressure, and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings, and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, said recommendations include recommendations on two essential components of residential density (1) minimum lot area and (2) minimum land area per residential unit, and WHEREAS, the City Council wishes to implement certain of these recommendations within the R -2A District, and WHEREAS, the City Council is authorized by Charter Section 5 10 1 (e) to reduce density In any zoning district BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO GED' S a02^ "'.5 03 Section 1. Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals 1 To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood; 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Section 26 -15 of the Wheat Ridge Code of Laws, Residential - Two A District (R 2A), subsection (F), entitled "Development and Use Regulations," is amended as follows Multifamily (3 /more dwelling units) minimum lot area 12,590 13,050 square feet Multifamily (3 /more dwelling units) minimum land area per unit 4,099 4,350 square feet Section 3. Section 26 -15(F) is hereby further amended by the addition of a new footnote (m), to read (m) The requirements of Section 26- 7(D)(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 11) new construction where no replacement of a preexisting structure takes place or 12) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 4. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5. S everability; Conflicting Ordinances 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 6. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 1 1 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 `h day of August, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8, 1997, at 7 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote Of 6 to 1 , this 8th day of September , 1997 SIGNED by the Mayor on this day of , 1997 DAN WILDE, MAYOR ATTEST WANDA SANG, CITY CLERK GED' 03 3 Mayor Wilde did not sign this ordinance. APPROV S TO FORM BY CITY ATTORNEY GERALD E DAHL, Cl Y ATTO NEY First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcript Effective Date October 11, 1997 Vetod by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 7 to 1. rr, , n - _ �4 U- 4 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 37 Ordinance No 1090 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R 3 DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density, and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure; and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings, and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, said recommendations include recommendations on two essential components of residential density (1) minimum lot area and (2) minimum land area per residential unit, and WHEREAS, the City Council wishes to implement certain of these recommendations within the R -3 District, and WHEREAS, the City Council is authorized by Charter Section 5 10 l(e) to reduce density in any zoning district BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO L- I - r, - Section 1. Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Section 26 -16 of the Wheat Ridge Code of Laws, Residential Three District (R -3), subsection (F), entitled "Development and Use Regulations," is amended as follows Multifamily (3 /more dwelling units) minimum land area per unit 2,100 3,630 square feet Section 3. Section 26 -16(F) is further amended by the addition of a new footnote to read (j) The requirements of Section 26- 7(D)(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 3 district, where such structures and their reconstruction meet all of the following requirements (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed This exemption shall not apply to (1 ) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 4. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5 Severability, Conflicting Ordinances 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 6. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 1 1 "' day of August, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8, 1997, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1 this 8 th day of S eptember 1997 SIGNED by the Mayor on this day of , 1997 ATTEST WANDA SANG, CITY CLERK DAN WILDE, MAYOR 'EDA53027 25"265 03 3 Mayor Wilde did not sign this ordinance. APP AS TO FORM BY Cl Y ATTORNEY GER D E DAHL, CITY ATTORNEY First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcript Effective Date October 11, 1997 Vetoed by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 7 to 1. acs CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 27 Ordinance No. 1091 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS UPON MULTIFAMILY DWELLING UNITS IN THE R -3A DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density, and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure, and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings, and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, said recommendations include recommendations on two essential components of residential density (1) minimum lot area and (2) minimum land area per residential unit, and WHEREAS, the City Council wishes to implement certain of these recommendations within the R -3A District, and WHEREAS, the City Council is authorized by Charter Section 5 10 1 (e) to reduce density in any zoning district BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO 9ED',F302'' 257266 03 Section 1. Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Section 26-17 of the Wheat Ridge Code of Laws, Residential — Three A District (R -3A), subsection (F), entitled "Development and Use Regulations," is amended as follows Multifamily (3;more dwelling units) minimum land area per unit 3,99 3,960 square feet Section 3. Section 26 -17fl is hereby further amended by the addition of a new footnote (k), to read (k) The requirements of Section 26- 7(D)(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 -3A district, where such structures and their reconstruction meet all of the following requirements (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed This exemption shall not apply to (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 4 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5. S everability Conflicting Ordinances 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 6. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 11 "' day of August, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8, 1997, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1 this 8th day of September 1997 SIGNED by the Mayor on this day of , 1997. DAN WILDE, MAYOR ATTEST WANDA SANG, CITY CLERK 3 =D _3F- 2 - 2E6 0 _ Mayor Wilde did not sign this ordinance. APPROV S TO FORM BY CITY TTORNEY Z EREDAHL, CITY ATTORNEY First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcript Effective Date October 11, 1997 Vetoed by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 7 to 1. t 4 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 28 Ordinance No. 1092 Series of 1997 TITLE AN ORDINANCE CONCERNING RESIDENTIAL DENSITY LIMITATIONS IN PLANNED RESIDENTIAL DEVELOPMENTS IN THE PRD DISTRICT WHEREAS, the City is in the process of revising its Comprehensive Plan, and WHEREAS, one element of the revised Comprehensive Plan concerns residential density, and WHEREAS, the City Council has enacted a moratorium on rezoning to certain residential zone districts and on the issuance of building permits for duplex and multifamily units in these districts, all in order to permit the revision of the Comprehensive Plan and adoption of implementing ordinances to be completed in an environment free from immediate development pressure, and WHEREAS, the citizens of Wheat Ridge have articulated their desire for reduced residential densities in neighborhood meetings, and WHEREAS, the City Council has received and reviewed the recommendations of the Comprehensive Plan Review Committee and the Planning Commission regarding residential density, and WHEREAS, the City Council has received and reviewed the recommendation of the Planning Commission concerning this Ordinance, and WHEREAS, the City Council wishes to implement certain of these recommendations within the PRD District, and WHEREAS, the City Council is authorized by Charter Section 5 10 1(e) to reduce density in any zoning district. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1 Legislative Declaration. The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties G ED`,53027', 25 „1 11 01 within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2 Section 26- 25(IV)(B)(1)(c) of the Wheat Ridge Code of Laws, Planned Residential Development District (PRD), is amended as follows (c) Density maximum twenty ORe (214 sixteen (16) units per acre Section 3 Section 26- 25(IV)(B)(1)(K)(3) of the Wheat Ridge Code of Laws, Planned Residential Development District (PRD) is amended to read Land used for commercial uses shall be calculated separately and may not be included in the land area used to calculate the maximum of tWeRty—one (214 SIXTEEN (16) RESIDENTIAL units per acre mandated by Wheat R d ueme R ule r. „rtes To ensure this, where commercial uses are a part of a Planned Residential Development, the area used for commercial purposes shall be clearly delineated on the plan, including areas used for parking, ingress, egress, landscaping, etc If the commercial uses are part of a generally residential building, or for other reasons cannot be clearly separated from the residential areas, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and a proportionate share of the common areas, such as ingress- egress, landscaping, roadways, etc Commercial ventures solely for the use of the residents, such as food service, laundry facilities, etc , shall be considered an amenity rather than a commercial use, and the land and buildings occupied by such uses are not required to be subtracted from the total acreage before computing the maximum of twenty=E)Re (2 14 SIXTEEN (16) RESIDENTIAL units per acre GED 53027 2581 1 1 01 -2- Section 4 Section 26- 25(IV)(B)(1) is hereby further amended by the addition of a new subsection 26- 25(IV)(B)(1 )(1) to read (1) The requirements of this subsection 26- 25(IV)(B)(1) shall not apply to impose a density requirement of less than twenty -one (21) units per acre, with respect to the reconstruction of residential dwellings in the PRD district, where such structures and their reconstruction meet all of the following requirements (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then - applicable minimum lot area and /or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed This exemption shall not apply to (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures) Section 5 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 6 Severability; Conflicting Ordinances 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 7 Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 1 1 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 ` day of August, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8, 1997, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1 , this 8th day of September 1997 GED153027',258111 01 _3_ Mayor Wilde did not sign this ordinance. SIGNED by the Mayor on this day of 1997 ATTEST WANDA SANG, CITY CLERK First Publication August 22, 1997 Second Publication September 26, 1997 Wheat Ridge Transcript Effective Date October 11, 1997 DAN WILDE. MAYOR III ,II Vetoed by Mayor Wilde on September 8, 1997. Veto overridden by City Council on September 22, 1997 by a vote of 8 to 0. GED 53027 7 2581 11 01 _4_ CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 31 Ordinance No. 1094 Series of 1997 TITLE AN ORDINANCE AMENDING SECTION 26- 30(c)(4)(d) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PLANNED BUILDING GROUPS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Section 1. Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals 1 To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Section 26- 30(c)(4)(d) of the Wheat Ridge Code of Laws, concerning standards for review of Planned Building Groups, is hereby amended by the addition of a new paragraph 1 1 , to read 11 Whether the proposed density (if residential) and character of development is compatible with the predominant character of surrounding uses and development Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat GE0 257243 02 Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4. Severability; Conflicting Ordinances 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 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of August , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September S , 1997, at 7 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 8 th day of September , 1997 SIGNED by the Mayor on this 9th day of September , 1997 DAN WILDE, MAYOR ATTEST i WANDA SANG, CITY C4 RK First Publication August 22, 1997 Second Publication: September 19, 1997 Wheat Ridge Transcript Effective Date October 4, 1997 7= 25"`4 0:j 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 30 Ordinance No. 1095 Series of 1997 TITLE AN ORDINANCE AMENDING SECTION 26 -30(D) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CONSOLIDATION PLATS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1 Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2. To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2. Wheat Ridge Code Of Laws, Chapter 26, Zoning Code, Section 26 -30, Subsection (D) "Development on Multiple Parcels or Lots (Consolidation Plat or Deed), is hereby amended as follows (D) Development on Multiple Parcels or Lots (Consolidation Plat or Deed) It is the intent of the City of Wheat Ridge that where a development entails the aggregation or consolidation of two (2) or more lots or parcels of land or portions thereof in order to accommodate such development, such shall be considered a development lot Prior to issuance of a building permit in such instances, the owner shall file a consolidation plat or consolidation deed, together with certified boundary survey, which plat or deed and survey cEn\5s027,257242 02 shall be reviewed by the department of public works for accuracy and, if found to be accurate, shall be recorded, by the owner, with the Jefferson County Clerk and Recorder All consolidation plats or consolidation deeds for multifamily dwelling development shall be accompanied by a Type I site plan, as set forth by Section 26 -6(E) of this Zoning Ordinance Such consolidation plats and deeds, together with the site plan, shall be subject to review by the planning commission and city council following the same application procedures, notice requirements and approval procedures and standards for review as for a Planned Building Group The purpose of these provisions is to avoid the construction of overly large buildings which may negatively impact surrounding neighborhoods by increasing traffic, creating congestion by ingress /egress points obstructing light and air and by making access for fire protection difficult, and to prevent construction of one (1) large building to avoid compliance with the subdivision regulations, and to encourage construction of smaller buildings which could give opportunities for better design of setbacks, landscaping, parking, vehicular and pedestrian circulation and drainage facilities LOTS OR PARCELS OF LAND WHICH ARE INCLUDED IN THE RESIDENTIAL -3 (R -3) OR RESIDENTIAL -3A (R -3A) ZONES AND WHICH ARE INDIVIDUALLY SUBSTANDARD FOR MULTIFAMILY DEVELOPMENT, BUT WHICH WOULD MEET THE LOT SIZE AND WIDTH REQUIREMENT FOR SINGLE OR TWO FAMILY DEVELOPMENT, SHALL NOT BE CONSOLIDATED FOR THE PURPOSE OF MULTIFAMILY RESIDENTIAL DEVELOPMENT UNLESS THE PREDOMINANT ADJACENT LAND USE IS MULTIFAMILY DEVELOPMENT OF A SIMILAR DENSITY Section 3 S afety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4. Severability; Conflicting Ordinances 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 1 1 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of August , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8 , 1997, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado 'EG U2° 2 2 92 02 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote Of 7 to 0 , this 8th day of September , 1997 SIGNED by the Mayor on this 9th day of September , 1997 DAN WILDE, MAYOR ATTEST tjr WANDA SANG, CITY CLER First Publication August 22, 1997 Second Publication September 19, 1997 Wheat Ridge Transcript Effective Date October 4, 1997 •• -• 2 W K OM K9 • ZT041 A •- /,� /�/ /J/OOOF GED 9302^ 2�`24i 02 - CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No 29 Ordinance No 1097 Series of 1997 TITLE AN ORDINANCE AMENDING SECTION 26- 25(IV)(B)(1) OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING SITE DEVELOPMENT REQUIREMENTS FOR PLANNED RESIDENTIAL DEVELOPMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Section 1 Legislative Declaration The City Council hereby finds and declares that residential density has a great capacity to affect neighborhood quality of life and that preservation and protection of existing developed neighborhoods within the City is of prime concern to the present and future residents of the City The Council further finds that development of available vacant properties and redevelopment of existing built properties within residential neighborhoods has the capacity and potential to seriously degrade this quality of life and residential neighborhood stability The Council further finds that this ordinance is also necessary to achieve the following goals To preserve and protect the integrity, quality and stability of existing developed residential neighborhoods within the City, 2 To protect the legitimate rights of property owners to realize a return on their investment while at the same time recognizing the legitimate concerns of the surrounding neighborhood, 3 To implement the policies and recommendations of the Wheat Ridge Comprehensive Plan as it pertains to residential density, and 4 To preserve and protect the quality of life in the City of Wheat Ridge for present and future residents Section 2 Section 26- 25(IV)(B)(1 ) of the Wheat Ridge Code of Laws is amended by the addition of a new paragraph (1) at the end of said Section, following paragraph (k), to read 1) Intent and Purpose The intent of the following design and development standards is to encourage the creation of safe, adequate and attractive development, establish quality appearance, and to minimize views of unattractive uses or activities through use of sound design principles and establishment of minimum requirements The standards set forth herein have been conceived to enhance the compatibility of dissimilar uses and increase property values :;ED 5202° 25 J_ Site Design Requirements 11 All new development shall be designed in a way that respects existing development on adjacent sites This can be achieved by addressing the following • Compatible building massing and scale, special attention shall be given when new development is adjacent to existing residential, • Provision for consolidating access points with abutting properties through joint access easements or other negotiated means, • Provision for making sidewalks, pedestrian paths and bicycle paths contiguous with abutting properties in all instances where pedestrian amenities are present, 2) All development shall be designed so that for the given location, egress points, grading and other elements of the development could not be reasonably altered to • Minimize adverse impacts on any existing residence or area zoned for residential use, • Reduce disruption to the existing terrain, vegetation, habitat areas or other natural site features; • Reduce or consolidate the number of access points onto a Class 2, Class 3, or Class 4 arterial or collector street as defined in the adopted Roadway Classification Standards for the City of Wheat Ridge, • Improve pedestrian, bicycle and vehicle safety within the site and from the site to adjacent uses or streets, • Improve pedestrian and bicycle connections within the site and from the site to adjacent Uses, • provide additional living landscaping and site amenities, • preserve existing landscaping and site amenities, • reduce the visual intrusion of parking areas, storage areas and similar accessory areas and structures 3) All development including buildings, walls and fences shall be so sited to • Preserve drainage ways in as natural state as possible without channelization or engineered structures or as required by other agencies • Complement existing residential development in scale and location, • Ensure compatibility by the use of adequate setbacks, landscaping, barriers or transition zones, and building height considerations, • Provide an adequate system of pedestrian and bicycle pathways and walkways in conformance with the City of Wheat Ridge's adopted Parks and Recreation Plan as well as the Jefferson County Open Space Plan, • Have exterior walls of all primary structures designed on a pedestrian scale by, 11 fragmenting them into smaller or multiple planes, H providing adequate vertical landscaping and berming, 11 placing wall texture or architectural relief at eye - level, and/or 11 clustering small scale elements such as planter walls around the primary structure • Insure that ground floor uses, if a commercial component for the general public is included, are oriented toward the pedestrian with storefronts that open onto the street as well as other pedestrian oriented spaces • Provide a landscaped area at least ten feet wide containing dense planting between the front property line of any use and any outdoor parking or service areas, • To discourage gated or enclosed communities, • Preserve and enhance panoramic views by considering the relationship of buildings to natural grades and landscaping to frame and enhance view corridors 4) Minimize conflict between service vehicles, private automobiles, bicycles, and pedestrians within the site 5) The following design features or use attributes should be considered as conditions of development approval, • outdoor seating areas useable landscaped, open and /or recreational spaces • affordable housing • assisted living facilities ;i I - - 1, 11 3 • pathways to civic uses and amenities • parking placed totally behind the primary structure, below grade, in a parking structure or limited to one side of the building • Parking shall be located so as to be aesthetically pleasing and unobtrusive to residents and adjacent properties 6) All streets and pedestrian paths shall provide access to existing or planned thoroughfares with consideration for safety 7) All electric, communication utility lines and services, and all street lighting circuits, except hereinafter provided, to be installed underground Section 3. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4 Severability, Conflicting Ordinances 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 on September 29, 1997, as permitted by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ 6_ to 2 on this 11 day of August, 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for September 8, 1997, at 7 00 o'clock p m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote Of _8 to 0 , this 22nd day of September , 1997 SIGNED by the Mayor on this 25th day of September , 1997 DAN WILDE, MAYOR !EL - _ .,, 03 4 ATTEST WANDA SANG, CITY C K APP TO FORM BY CIT AT ORN DAHL, CITY ATTORNEY First Publication August 22, 1997 Second Publication October 3, 1997 Wheat Ridge Transcript Effective Date September 29, 1997 ,EE