Loading...
HomeMy WebLinkAboutZOA-01-02City of Wheat Ridge Planning and Development Department Memorandum TO: Randy Young, City Manager FROM: Alan White, Planning and Development Director W SUBJECT: Planning Commission Recommendation: Residential Setbacks DATE: August 14, 2002 of WHEgr y P, h Q Gl U to COCORA~O On January 26, 2001 when Council adopted the new Chapter 26, direction was given to staff to investigate the recommendations of WRUN pertaining to residential setbacks and exceptions thereto. Planning Commission conducted public hearings on the subject on July 19,2001; August 16, 2001; and September 6, 2001. A recommendation was made at the September 6, 2001 hearing and forwarded to City Council. First reading was held on October 8, 2001 at which time the ordinance was tabled indefinitely and scheduled for a study session. A joint study session between Planning Commission and City Council was held on January 21, 2002 at which time the proposed ordinance was tabled in definitely and direction was given to look at the inconsistencies in the code and come back with definitions and recommendations. The issue was scheduled for Planning Commission review on February 7, 2002 and again on June 6, 2002. This last meeting was not a public hearing. The Commission continued the discussion of the issue to a date unspecified and directed staff to research the issue further, including Denver's "pop-top" ordinance, and bring back findings for further discussion. Staff has been working on this issue for over a year. Although Planning Commission forwarded a recommendation to Council last year, it has yet to formulate on after two meetings this year. Under Chapter 26, Planning Commission has 60 days to forward a recommendation to Council on an issue forwarded to them. More than 60 days have passed since this was referred to Planning Commission in February. This should be moved on for Council consideration under the code, but I don't want it to be tabled indefinitely again. Have you had any feedback from Council on this issue? Are they expecting an ordinance in the near future? Please let me know. CADocuments and Settings\a1m\My Documents\WPFdes\Projectstzoning am=d=nm\res setbacks emmemo.wpd Sec. 26-102. Intent and purpose. The intent and purpose of the zoning code of the City of Wheat Ridge is to encourage the most appropriate use of land throughout the city to ensure a logical growth of the various physical elements of the city; to lessen congestion in the streets and to facilitate the adequate provision of transportation within and through the city; to secure safety from fire, panic and other dangers; to provide adequate light and air to the residents, structures and properties within the city; to improve housing standards; to conserve property values; to facilitate adequate provision for water, sewage, schools, parks and other public improvements; to protect against poor or inadequate drainage or flood conditions and poor geologic conditions; and in general to promote the health, safety and welfare of the citizens and residents of the City of Wheat Ridge. It is further the intent of this zoning code to preserve the right of citizens to participate in the making of decisions which affect their properties while preserving, to the maximum lawful extent, the legislative and quasi-judicial discretion of the elected representatives of the City of Wheat Ridge. (Ord. No. 2001-1215, § 1, 2-26-01) It was moved by Commissioner PLUMMER and seconded by Commission McNAMEE that Case No. WSP-02-01, a request for approval of a site plan on C-1 zoned property located at 4803 Ward road, be APPROVED for the following reasons: 1. A site plan review is required pursuant to the annexation agreement and zoning conditions placed on the property. 2. All minimum requirements of the C-1 zone district regulations have been met. 3. All commercial development standards have been met. With the following condition: 1. All landscaping along Ward Road and the new parking area be planted as shown on the plans presented at this meeting. The motion passed 7-0 with Commissioner SNOW absent. It was moved by Commissioner COOPER and seconded by Commissioner COLLINS that Case No. MS-02-03, a request for approval of a two-lot minor subdivision on C-1 zoned property located at 4803 Ward Road and vacant property to the north be APPROVED for the following reason: 1. All minimum requirements of the Subdivision Regulations have been met. With the following condition: 1. The plat drawing be slightly modified to provide full width access to Lot 1 through Lot 2. The motion passed 7-0 with Commissioner SNOW absent. 8. OLD BUSINESS A. Residential Setbacks, Case No. ZOA-01-02 Alan White presented this matter. (This discussion was not advertised as a public hearing.) Residential setbacks were discussed in February at which time the Planning Commission continued the hearing in order for staff to research code changes made in the 1990's regarding setbacks. Mr. White reviewed the staff report that set forth the results of staff's research. Following discussion of this matter, there was a consensus that staff be directed to research the issue further, including City of Denver's pop-top ordinances and bring the findings back to Planning Commission for further discussion. There was also a request that staff bring back drawings depicting various setback and height scenarios. Planning Commission Page 3 June 6, 2002 (3- City of Wheat Ridge Planning and Development Department TO: Planning Commission Memorandum FROM: Alan White, Planning and Development Director SUBJECT: Residential Setbacks, Case No. ZOA 01-02 v Wv DATE: May 30, 2002 This subject was discussed back in February at which time Planning Commission continued the hearing in order for staff to research code changes that were made during the 1990's which affected setbacks. The hearing was continued to an undetermined date. This discussion has not been advertised as a public hearing. Planning staff researched City records and past and present zoning codes. The changes made to the zoning code during the 1990's dealt with the definition of story and building height. There were no changes made to the required setbacks in of the residential zone districts. From the 1985 zoning code the definition of a story is as follows: "a story shall constitute a height of ten (10) feet." The definition of building height in 1985 was: "The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof, and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided, however, where buildings are set back from the line, the height of the building shall be measured from the average elevation of the finished grade of the building." Changes were made to both definitions in 1990. The 1990 definition of story was expanded to deal with instances where there is a portion of a story below grade and differentiated between residential and commercial structures the amount of building height that constituted a story. The 1990 definition of building height was expanded to exclude certain architectural features from height limitations. Copies of the 1985 and 1990 definitions are attached along with the 1996 ordinance. In 1996, ZOA-96-02 was passed to amend the definition of a story. However, the 1990 definition of a story did not change after the 1996 ordinance was passed. The definition of building height has not changed since 1990. Staff also examined information on residential setback standards from some of the older suburbs including Littleton, Arvada, Golden, Englewood, and Thornton. Generally, setbacks decrease as lot size decreases. Front yard setbacks ranged from 25' for large residential lots to 15' for smaller residential lots. Side yards were generally 15' for large lot residential districts and 3' to 5' for small lot residential districts. Rear yard setbacks ranged from 20' to 25' unless the property abutted an alley, then the setback was reduced to 5'. Multi-family setback regulations were generally 25' in front yards, 5' for side yards and 10' to 20' in rear yards. Zero setbacks were allowed in planned developments. From the cities examined, none bases the side or rear setback on the height or number of stories of the building. Attached is a table of the setback requirements in other cities in zone districts with lot sizes comparable to our zone districts. A couple of municipalities based setback standards on the square footage of the lot. For a small lot the setback was reduced and for a larger lot the setback was increased. Back in February, staff researched the definitions of story and building height used in other municipalities and reported that there are as many definitions as cities. Most cities do not require increased setbacks for multiple stories, so the definitions of story are not very useful to our situation. Portions of our definition of story contradict the definition of building height. According to the definition of building height, building height is measured at the midpoint of the eave and ridge line for most roofs used in residential construction. This is in contrast to the highest point of the roof in the story definition. The inclusion of the "every 10 feet is a story" in the story definition combined with the measurement to the roof ridge practically excludes the possibility of having a one-story structure in the City, and thus never having an instance of a 5-foot side yard setback. Staff recommended the following changes to the two definitions: Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26-123.1.) Notwithstanding the above, w4tere 4 tem "story" is used in the variotts zotte distriets for the purpose o determining setbaek ft~om perimeter lots lines for ftaffesidential , eaeft twelve (12) feet 4building height slta:14 be eansidefed a stofy, and for this defittition of "stofy," building Iteigitt shall be measttfed from averag grade of a bttilding to the highest point of the bttildittg. Building Height The vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof surface if a flat roof, or the deckline of a mansard roof, or to the ridgeline between eaves and-rifte for a gable, hip, gambrel or other roof (See figure 26-123.1) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooling devices, or necessary mechanical appurtenances normally carried above the roofline. I am requesting direction on this issue so we can bring back an ordinance to recommend to City Council. C:\MyFiles\WPFiles\Pmjects\zoning amendments\res setbacks pcjune.wpd l~ gS zon n cads SECTION 28 ZONING ORDINANCE SECTION 28 SECTION 28. DEFINITIONS. A. For the purpose of this ordinance, certain words and terms are defined as follows 1. Accessory building. A subordinate building, or portion of a main building the use of which is incidental to that of the main building on the same lot. 2. Building. A structure having a roof supported by columns or walls. - 3. Building, height of. The vertical distance measured fran the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, where buildings are set back from the line, the height of the building shall be measured from the average elevation of the finished grade of the building. 3(a). Building, main. The building(s) housing the principle (primary and most important) use(s) permitted for the lot upon which it is located; and provided, that to be classified as one (1) main building, the total structure shall have a continuous roof and continuous foundation. 4. Cul-de-sac. A non-thru or dead-end local street with special features (bulb) for the turning around of vehicles. 5. Cul-de-sac lot. A parcel of land that is designed to be occupied by a main building and accessory buildings, which attaches to the turn circle (bulb) of a dead-end street. 6. Cul-de-sac lot width. A cul-de-sac lot will have at least thirty (30) feet of street frontage. The average width of this lot shall be equal to the minimum required frontage of standard lots within any given zone district However, lots fronting on cul-de-sacs (bulbs) will be excluded from meeting the "front yard" width requirements of the City of Wheat Ridge Zoning ordinance. 7. Dwelling, one family. A building designed for occupancy by not more than one (1) family. 8. Dwelling, two family. A building designed for occupancy by two (2) families living in separate apartments as tenants from month to month or fora term longer than one (1) month. 9. Dwelling, multiple. A building or group of buildings designed for occupancy by three (3) or more families living in separate apartments as tenants from month to month or for a term longer than one (1) month. -155- SECTION 28 ZONING ORDINANCE SECTION 28 44. Recreational coach space. A plot of ground within a mobile have park designated and intended for the accommodation of one (1) recreational coach. *1 44(a). Group Hanes for, Children. These are residential facilities which are licensed by the Jefferson County Social Services Division for the purpose of providing up to 24 hour care, supervision, and/or training for children under the age of 18 years. those children placed in a home under the age of 18 but who remain in the home after reaching the age of 18 shall be considered a child under this definition until reaching the age of 21. Group hones for children do *2 not include facilities for the placement of children by the Youth Services.Division of the Department of Institutions, the Menal Health Division of. the Department of Institutions, or the Alcohol and Drug Abuse Division of the Department of Health, even if licensed by Jefferson County Department of Social Services. 45. Setback line, front. A line parallel with a front lot line of a lot, tangent to that part of a building situated on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed porch) which is closest to such lot line and intersecting two (2) other lot lines of such lot. 46. Setback line, front cul-de-sac. A line concentrically parallel to the right-of-way line of the street on the cul-de-sac (bulb) and a line parallel to and a minimum as required from the right-of-way line of the remainder of the cul-de-sac. On cul-de-sac lots, the Board of Adjustment may not issue a variance on the land between the cul-de-sac froh setback line and the cul-de-sac right-of-way line depicted. 47. Setback line, rear. A line parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such rear lot line and intersecting two (2) other lot lines of such lot. 48. Setback line, side. A line parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. 49. Story. A story shall constitute a height of ten (10) feet. 50. Street. A dedicated public thoroughfare for vehicular traffic in accordance with the requirements as set forth in the Subdivision Regulations of the City of Wheat Ridge. 51. Structure. Anything constructed or erected, the use of which requires a more or less permanent location on the ground; but not including earthworks, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines, walks, driveways or curbs. -161- *1 Amended by Ord. 556 Effective 1/5/84 *2 Amended by Ord. 609 Effective 3/15/85 July 31, 1985 �' ol, ZONING AND DEVELOPMENT (1) Boundaries indicated as approximate following section lines or subdivision lin of section e. quarter-section lines) sha be construed to follow such land lines, (Ord. No. 1990-822, § 1, 2-26-90; Ord.'No. 199 827, 4-9-90) 1 (a) For the purpose of this zoning ordinancl and as used or referred to in other sectioln chapters or articles of the Wheat Ridge Code Laws, unless specifically defined otherwise, t hereunder: Accessory building. A subordinate building or portion of a main building the use of which is dental to that of the main building on the same lot. Accessory use. A subordinate use, clearly dental and related to the principal structure, buildine or use of land and I _0 ummuig or use. M= Building. A structure having a roof supportei • columns or walls. Building code. The Uniform Building Code (UBC), as adopted by the City of Wheat Ridge, and as amended from time to time, Building coverage. The portion of percentage the total lot area which is covered by the main or accessory buildings. roof (See Figure 26-51). The height of a steppe or terraced building is the maximum height any segment of the building, i c ure s a av ous roof 1" 6166 Q • in which antenna are mounted to an existing structure (e.g., water tower, light -pole, steeple, etc.) or building face. Club or lodge, private, An association of per- sons for the promotion of some nonprofit common E�Mwlmqtq_4400111 ZEZMI=�� Supp. No. 18 1.681 § 26-5 WHEAT RIDGE CITY CODE - Rest-home/home for the aged. An establish- ment, licensed by the State of Colorado, operated for the purpose of providing domiciliary care for a group of persons who are unable to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness. Roof mounted commercial mobile radio service (CMRS) facility. A CMRS facility in which an- tenna are mounted on an existing building roof. Rooming/ boarding. An accessoryuse to a dwell- ing, where in addition to a family, as defined herein, not more than two (2) persons not related to the family are provided lodging and meals for compensation, either paid directly or indirectly, and on a contract basis for not less than seven (7) days. Roominghouse and boardinghouse. A building containing a single dwelling unit and three (3) to fifteen (15) guest rooms, where lodging is pro- vided, with or without meals, for compensation. Compensation may include money, services or other things of value. Sanitary landfill. Any property used for per- manent disposal by abandonment, discarding, dumping, reduction, burial, incineration, or any other means, and for whatever purpose, of gar- bage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof. The deposition of earth materials such as soil, rock, sand, broken asphalt or concrete, and simi- lar clean fill materials is not considered under this definition; however, it is regulated under section 26-33 of this Zoning Code. A sanitary landfill is not a use allowed within the city. School, public, private and parochial. Any pub- lic, parochial or private school for any grades between kindergarten and twelfth that is either accredited by the Colorado Department of Educa- tion or recognized by and in good standing with the Colorado Department of Education for pur- poses of compulsory education requirements. This term shall not include "trade or business schools" or "day camps." Setback line, front. A line.parallel with a front lot line of a lot, tangent to that part of a building situated on such lot (other than an open fire escape or stairway, a chimney or a one-story unenclosed porch) which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, front cul-de-sac. Aline concentri- cally parallel to the right-of-way line of the street on the cul-de-sac (bulb) and a line parallel to and a minimum as required from the right-of-way line of the remainder of the cul-de-sac. On cul-de-sac lots, the board of adjustment may not issue a variance on the land between the cul-de-sac front setback line and the cul-de-sac right-of-way line depicted. Setback line, rear. Aline parallel with a rear lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Setback line, side. Aline parallel with a side lot line of a lot, tangent to that part of a building situated on such lot which is closest to such side lot line and intersecting two (2) other lot lines of such lot. Sight distance triangle. The comer area within a comer lot that is adjacent to both right-of-way frontages, or the area where a driveway intersects a street, where it is required that obstruction to view be minimized. No fence, divisional wall, hedge or other obstruction to view in excess of forty-two (42) inches high, except for permitted landscaping, signs or public utility poles, shall be established or maintained on a comer lot within a triangular area bounded by the lot lines and a line connecting points on each lot line either twenty- five (25) feet from the intersection of such lot lines for local streets or fifty-five (55) feet from the intersection of such lot lines for collector or arte- rial streets. The same shall apply to the intersec- tion of driveways and public street, except that the sight distance triangle may be reduced to fifteen (15) feet. One- and two-family dwellings shall be exempt from application of the fifteen- foot driveway sight distance triangle require- ment. (See figure 26-31.1.) Story. That portion of a building included be- tween the upper surface of any floor and the upper surface of the floor next above, except that Supp. No. 18 1688 ZONING AND DEVELOPMENT § 26-5 the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) Notwithstanding the above, where the term "story" is used in the various zone districts for the purpose of determining setback from perimeter lot lines for nonresidential buildings, each twelve (12) feet of building height shall be considered a story, and for residential buildings, each ten (10) feet of building height shall be considered a story. For the purpose of determining setback require- ments based upon this definition of "story," build- ing height shall be measured from average grade 1 of a building to the highest point of the building. L f Street. A dedicated public thoroughfare for ve- hicular traffic in accordance with the require- ments as set forth in the Subdivision Regulations of the City of Wheat Ridge. Structure. Anything constructed or erected, the use of which requires a more or less permanent location on the ground, but not including earthworks, ditches, canals, dams, reservoirs, pipe- lines, telephone or telegraph or electric power lines or poles, walks, driveways or curbs. Structural alterations. Any change in the sup- porting members of a building such as bearing walls, columns, beams or girders, floor joists or roof joists. Studio. A building or portion of a building used as a place of work by an artist, photographer or artisan, or used for radio or television broadcast- ing. _ . Swimming pool. A tank of water either above or below grade level in which the depth of water exceeds two (2) feet in depth and which the express purpose of the tank is for swimming. Swimming pools shall not include wading pools under two (2) foot in depth, fish ponds, hot tubs or other similar items. Supp. No. 18 Tavern. Any establishment selling by the drink fermented malt beverages or malt, vinous or spirituous liquors, as defined by Sections 12-46- 101 and 12-46-102 of the 1973 Colorado Revised Statutes. Theater. A building or part of a building de- voted to showing motion pictures or for dramatic, musical, operatic or live performances for admis- sion, to which money is received and no audience participation or meal service is allowed. Vehicle travel lane. All roads, driveways and parking areas within a mobile home and/or recre- ational vehicle park. Veterinary hospital. A place where animals or pets of all types are given medical or surgical treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use and need not be enclosed within the main building. Veterinary hospital (small animal, enclosed). A place where small animals or pets (dogs, cats, birds and the like) are given medical or surgical treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental to such hospital use. All uses shall be enclosed within a soundproof building which emits no objectionable odor. Warehouse. A building or part of a building the primary use of which is the deposit and safekeep- ing of goods, wares and merchandise, which in the regular course of commercial dealing and trade are to be again removed or reshipped. Width of lot. The shortest distance between any two (2) lot lines of a lot which are intersected by the same minimum front setback line, measured from either of such points of intersection., Wholesale. A sale by a wholesaler to retail merchants, jobbers, dealers or other wholesaler for resale. The term does not include a sale by a wholesaler to users or consumers not for resale. Yard. An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein. 1689 lqq~ Droli1J9t7Ce, INTRODUCED BY COUNCIL MEMBER Solano Council Bill No. 38 Ordinance No. 1046 Series of 1996 TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS, ZONING CODE RELATING TO THE DEFINITION OF STORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws Article 1, Section 26-5 Definitions is hereby amended as follows: Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six (6) feet above grade, as defined herein, for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor space shall be considered as a story. (See Figure 26-5.1.) NOTWITHSTANDING THE ABOVE, WHERE THE TERM "STORY" IS USED IN THE VARIOUS ZONE DISTRICTS FOR THE PURPOSE OF DETERMINING SETBACK FROM PERIMETER LOT LINES FOR NON-RESIDENTIAL BUILDINGS, EACH TWELVE (12) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY, AND FOR RESIDENTIAL BUILDINGS, EACH TEN (10) FEET OF BUILDING HEIGHT SHALL BE CONSIDERED A STORY. FOR THE PURPOSE OF DETERMINING SETBACK REQUIREMENTS BASED UPON THIS DEFINITION OF "STORY", BUILDING HEIGHT SHALL BE MEASURED FROM AVERAGE GRADE OF A BUILDING TO THE HIGHEST POINT OF THE BUILDING. Section 2. Severability. If any clause, sentence, paragraph, or part cf this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. Safetv 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. Ordinance No. 1046 Series of 1996 1st day of Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section S. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12thday of August , 1996, 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 23 1996, at 7:30 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 I this 23rd day of September 1996. SIGNED by the Mayor on this Wanda Sang, City Clerk Page 2 October , 1996. DAN WILDE, MAYOR APPRO ZDAHL, CI Y T NEY G D CITY ATTORNEY 1st Publication: August 16, 1996 2nd Publication: October 4, 1996 Wheat Ridge Transcript Effective Date: October 19, 1996 c:\wp6o\ord\defstory.ord RESIDENTIAL SETBACKS FOR PRIMARY STRUCTURES Zoning Lot Size Front Yard Side Yard / Corner Rear Yard Wheat Ridge R-1 12,500 30 15 / corner 30 15 Denver RS-4 12,000 20 10 5 Arvada R-E 12,500 30 15 15 Littleton R-1 21,780 25 5 / corner 25 20 Lakewood 1-R 12,500 25 15 corner 25 15 Westminster RE 9,000 30 7 / corner 15 20 Wheat Ridge R-1A 9,000 30 5(total of 15) / corner 30 15 Littleton R-2 9,000 25 5 / corner 25 20 Lakewood 2-R 6,000 25 5/corner 10 20 Westminster R1 7,700 30 5 / corner 15 20 Wheat Ridge R-1 B 7,500 30 5(total of 15) / corner 30 10 Denver R-0 6,000 20 5 20 Arvada R-L 7,500 18 10 10 Littleton R-3 6,500 20 5 / corner 10 20 Lakewood 3-R 6,000 25 5/corner 25 20 Westminster RA 7,000 30 5 / corner 15 20 Thornton R-1 6,000 15 10 20 City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Michael Pesicka SUBJECT: Residential Setback Standards, and Definitions Regarding Story and Building Height DATE: April 25, 2002 After researching City records and past and present zoning codes I have come up with information regarding changes in definitions for story and building height. I have also gathered information on residential setback standards from some of the older suburbs in the metro area such as: Littleton, Arvada, Golden, Englewood, and Thornton for this summary. From the 1985 zoning code the definition of a story is as follows: "a story shall constitute a height of ten (10) feet." The definition of building height in 1985 was: "The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof, and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, where buildings are set back from the line, the height of the building shall be measured from the average elevation of the finished grade of the building". Changes were made to both definitions in 1990 and I have attached a copy of the definitions from the 1990 code. In 1996, ZOA-96-02 was passed to amend the definition of a story. However, the definition of a story did not change after the ordinance was passed. In addition, the definition of building height has not changed since 1990, but some exceptions were added and I have attached the definitions from the 1990 zoning code for comparison. The following is a summary of setback regulations compiled from the cities listed above. Front yard setbacks ranged from 25' for large residential lots, and 15' for smaller residential lots. Side yards were generally 15' for large lot residential districts and Y to 5' for small lot residential districts. Rear yard setbacks ranged from 20' to 25' unless the property abutted an alley, then the setback was reduced to 5'. Multi-family setback regulations were generally 25' in front yards, 5' for side yards and 10' to 20'm rear yards. Zero setbacks were allowed in planned developments. A couple of municipalities based setback standards on the square footage of the lot. If your lot was less than 4,000 square feet, then the setback was reduced, and conversely the larger the lot the greater the setback. N K 4 H ro •r~ m s x N bo 0 a H Cd si 0 K N C7 O N 0 a ..1 I N N N > 3 J U N ~ G G 1 rii O N O N C) -W N u 4 ) a O N rl a) N Q) U LT I~ a O N N +I -ri l0 .0 dl a) ~ 'ri 1 Q N r N - N ~r N ~o o N ° b o O >a a ~ ~ o ° o o a 0 Q v 1 ~ ~ N ro N U V W U O N tP • N C4 W l{ (tl u 0 > (d a O .r{. U 1~ O O F N 0 -P N ca q 4-1 r .,..I ~ b J U 44 .,Q) 0 P Q H -r i N 1 t7) cc ( 0 : ro - i r 0 N + o° ko q 3 >1 o ro "i m p .u r-i -P N . r. ~l s( 3 ° U o ~ N v N m (d v oI rq >r m 4- •N a•H a s q m rtf N f 4 N Q C.' N .C > 4 .-I N O N rd G ro 4' o C 0 0.S Pa W N ~p Q C -P r O 2 C (tl C7 ! N b O • 0 U , U 4-4 N . N , a •9Y co (0. U) -rl N -W a) a W Q N •rl . 44 N N a) N W E W O (d a) N Q N 4 I N ~ U ro v v N w N wa! W N o v -v M 3 - 3 3 (n 1 v Aa o u o (D o J w x w a w a a) aN 4 o ro a t5 a N 0 H ro 'd y) 0 4J ro C ro f. N It rd ro ~ p O ~ O p • ro 4-1 .rl 4-1 ^ ri S' v H p O ~ O CO rl a) p 'rA 0 +I O l i j `j U O O O O a H ro . { r4 . r w ri N S: tT U 4- l0 ~o ~o ~o a) .H O a N O N Q. N YT lT . N a) N b rl m 0~ C q l • N N- N N. CT ' -P -11 ro 'd r) ' M r: to K S-, G a) N U N s~ U 4 Q rd r ~ o (y 1 0 c1 i q LL' N N r O C 4- U U U . ttl N N U O O +P ,-i N A r a 0 ri O a 1 N O N- N O O O O 0.'. U Z Fa Ga U N N O b - C. (O N N ([S N 4-I U] U R'i N U) N m N N x 4- ~S Q N a CC • (1) 0 O a 0 •H ((0 o p O ° O 0 0 UPI 0 u O 0 0 O 0 W 'O ' U U) a) A p -P N 4J - N -1 4-4 yl a) -V -P +1 U. +J (Z -p 4J +I 0 4J 4- 0 4. J C ,P4 C .4- U) ~ co .L( N 4J rl 4-4 ~r S~ 0 +1 N r, +I •ri .u 4.1 +1 4-3 N +J 4J ' rd -P 4J 4-) 4J M M 4J +j 4j ~ .rl 4- V a U) O (d O -H N A . (d U N -14 q A X A 0 q t~ a G 4- N 4- N Q O N N c 1 0 .rl s7 P U O ro O + - 4J N a) N U) H b pro O - N u a) sa (z N o a) rz Ero a~ H o v - v ro a 0 N 00 ~ ro r0 12 ro 10 ro r0 rd 0 ro ra d° ft 'u - q rj-, v 04M o N m C ~ N N a J v~ r 4 v 5 a O N u N (2) (1) 1 a a 41 ~ a) mN ) a) 0 v s (1) ~ yj E FC V a) M U) 0 .o M M -V (n ( (1 / (I (1 1 1 1 r` M 7 z M m (+7 I 1 T 1 I I I I 1 r C I ~o " I 1 ip j - ol a, O) rn m m O\ (n L( J a) 1 dl Q, N O N tt', . p N a' p N . 1 1 O I p - I FC O 1 1 K O 1 FC O I FC O I FC O I ~C I 1 1 - I FC O 1 O O N O O N 1 FC O 1 N N N N N N O O N N N N L'a l-/ City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setbacks l7UN DATE: January 31, 2002 OF WHEAT a U m OOC OR A~0 n irw. At the Joint Study Session with Council, direction was given to make changes to the R-3 and R- 3A zone district regulations to eliminate the confusion between the footnote and chart for side and rear setback requirements. This change has been made per your previous recommendation. Council also directed staff and the Commission to look at the definition of "story." Building height is currently used in our definition of story, so we had to look at both definitions. We researched how other cities define each of the terms and can report there are as many definitions as cities. Most cities do not require increased setbacks for multiple stories, so the definitions of story are not very useful to our situation. The following is the definition of story: Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26-123.1.) Notwithstanding the above, where the term "story" is used in the various zone districts for the purpose of determining setback from perimeter lots lines for nonresidential buildings, each twelve (12) feet of building height shall be considered a story, and for residential buildings, each (10) feet of building height shall be considered a story. For the purpose of determining setback requirements based upon this definition of "story," building height shall be measured from average grade of a building to the highest point of the building. Page 1 of 3 Portions of this definition contradict the definition of building height: Building Height: The vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof surface if a flat roof, or the deckline of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, gambrel or other roof (See figure 26- 123.1) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooing devices, or necessary mechanical appurtenances normally carried above the roofline. According to this definition, building height is the midpoint of the cave and ridge line for most roofs used in residential construction. This is in contrast to the highest point of the roof in the story definition. The inclusion of the "every 10 feet is a story" in the story definition combined with the measurement to the roof ridge practically excludes the possibility of having a one-story structure in the City, and thus never having an instance of a 5-foot side yard setback. Staff recommends the following changes to the two definitions: Story: That portion of a building included between the upper surface of any floor and. the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26-123.1.) ~~twithstanding the above, where t! Building Height: The vertical distance measured from the average elevation of the finished Page 2 of 3 residenfia4 buildiftgs, eaeh (10) feet of building height shaR be eonsidere grade of a bttilding to the hi~est point ofthe building. grade of the building to the highest point of the roof surface if a flat roof, or the deckline of a mansard roof, or to the ridgeline mean height iffe! for a gable, hip, gambrel or other roof (See figure 26-123.1) The height of a stepped or terraced building is the maximum rn~ height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any d commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooing devices, or necessary mechanical appurtenances normally carried above the roofline. Figure 26-123.1 will need to be revised based upon these changes to show the correct measurement to the ridgeline of the roof. C:\MyFiles\WPFiles\Pmjec8\zoning amendment \ctory defpc memo.wpd / ~Vj t of OV\ A900 Page 3 of 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTIONS 26-123, 26-211 AND 26-212 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND THE DEFINITION OF A "STORY." WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development; and WHEREAS, the Council wishes to amend conflicting development standards in the R-3 and R-3A zone districts pertaining to setbacks; and WHEREAS, the Council wishes to clarify the definition of story and the measurement of building height. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 - Wheat Ridge Code of Laws Section 26-211 is amended to read as follows: Sec. 26-211 Residential-Three District, (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. B. Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'0) Area Width Setback Setback"a) Setback"' One-family dwelling 35' 40% 7,500 sf 60'01 30'(0) 5' 10' Two-family dwelling 35' 40% 9,000 sf 75"' 30'(0 5' 10' Multifamily (3 or more dwelling 35' 40% 12,500 100' 30' 151ta) 15'4-0'-(a) units) sf(d) Group home 35' 40% 9,000 sf 75' 30'") 5' - 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(`) 5' 5' per unit GEM53027\384393.01 ~E WHEgt City of Wheat Ridge o Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setbacks 1~11J~ DATE: January 31, 2002 At the Joint Study Session with Council, direction was given to make changes to the R-3 and R- 3A zone district regulations to eliminate the confusion between the footnote and chart for side and rear setback requirements. This change has been made per your previous recommendation. Council also directed staff and the Commission to look at the definition of "story." Building height is currently used in our definition of story, so we had to look at both definitions. We researched how other cities define each of the terms and can report there are as many definitions as cities. Most cities do not require increased setbacks for multiple stories, so the definitions of story are not very useful to our situation. The following is the definition of story: Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26-123.1.) Notwithstanding the above, where the term "story" is used in the various zone districts for the purpose of determining setback from perimeter lots lines for nonresidential buildings, each twelve (12) feet of building height shall be considered a story, and for residential buildings, each (10) feet of building height shall be considered a story. For the purpose of determining setback requirements based upon this definition of "story," building height shall be measured from average grade of a building to the highest point of the building. Page 1 of 3 Portions of this definition contradict the definition of building height: Building Height: The vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof surface if a flat roof, or the deckline of a mansard roof, or to the mean height level between eaves and ridge for a gable, hip, gambrel or other roof (See figure 26- 123.1) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooing devices, or necessary mechanical appurtenances normally carried above the roofline. According to this definition, building height is the midpoint of the eave and ridge line for most roofs used in residential construction. This is in contrast to the highest point of the roof in the story definition. The inclusion of the "every 10 feet is a story" in the story definition combined with the measurement to the roof ridge practically excludes the possibility of having a one-story structure in the City, and thus never having an instance of a 5-foot side yard setback. Staff recommends the following changes to the two definitions: Story: That portion of a building included between the upper surface of any floor and. the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26-123.1.) Notwithstattding the above, whefe t! tenti "stofy" is used in the vafiotts zone distriets for the purpose o determining sethaek ft;offl perimeter lots lines fbr nouresidential bttildings, eaeh twelve (12) feet a~bttildittg heigl-A shall be eottsidered a story, aftd for this definition of "story," bttilding he.gl-A shall be measttred from a-temg grade of a bttilding to the highest point of t4te build' MIg. Building Height: The vertical distance measured from the average elevation of the finished Page 2 of 3 grade of the building to the highest point of the roof surface if a flat roof, or the deckline of a mansard roof, or to the ridgeline inean height level for a gable, hip, gambrel or other roof (See figure 26-123.1) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooing devices, or necessary mechanical appurtenances normally carried above the roofline. Figure 26-123.1 will need to be revised based upon these changes to show the correct measurement to the ridgeline of the roof. C:\MyFiles\WPFiles\Projects zoning amendmems\smry defpc memo.wpd Page 3 of 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTIONS 26-123, 26-211 AND 26-212 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND THE DEFINITION OF A "STORY." WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development; and WHEREAS, the Council wishes to amend conflicting development standards in the R-3 and R-3A zone districts pertaining to setbacks; and WHEREAS, the Council wishes to clarify the definition of story and the measurement of building height. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws Section 26-211 is amended to read as follows: Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage's' Area Width Setback Setback'aa' Setback IbI One-family dwelling 35' 40% 7,500 sf 60"' 30"°) 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'01 30"°' 5' 10' Multifamily (3 or more dwelling 35' 40% 12,500 100' 30' 15181 15'48 units) sf'd' Group home 35' 40% 9,000 sf 75' 30"" 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"" 5' 5' per unit GED\53027\384393.01 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'a' Area Width Setback Setback'a" Setback (b) Private storage shed 20'P) 400 sf/ 9,000 sf 75' 30' 5"a' 5'"0 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(h) 15, W(h) 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'x" 30'(`) 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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 2. Wheat Ridge Code of Laws Section 26-212 is amended to read as follows: Sec. 26-212 Residential-Three A District (R-3A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. GED\53027\384393.01 2 B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage's' Area Width Setback Setback'aai Setback'"' One-family dwelling 35' 40% 7,500 sf 60'°' 30"" 5' 10' Two-family dwelling 35' 40% 9,000 sf 75"' 30"" 5' 10' Multifamily (3+ dwelling units) 35' 40% 12,500 100' 30' 151" 15'~a) sftm Group home 35' - 40% 9,000 sf 75' 30'(0) 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"" 5' 5' per unit Private storage shed 20"" 400 sf/ 9,000 sf 75' 30' 5"a' 5-M 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30"h) 15"a""' 20' and quasi-government build- ings, golf courses, small day care center, and nursing, - elderly and congregate care homes All other uses 35' 40% 9,000 sf 60'°' 30"" 15101 10' (a) Side and rear yard setback shall be fifteen (15) ten-(1-0) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent 130%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) W Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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 3. Section 26-123, Definitions, of the Code of Laws is hereby amended by amending the definitions of "building height" and "story" as follows: Building Height. The vertical distance measured from the average elevation of the finished grade of the building to the highest point of the roof GED\53027\384393.01 3 surface if a flat roof, or the dec.kline of a mansard roof, or to the ridgeline rAean height level between eaves and ridge for a gable, hip, gambrel or other roof (See figure 26-123.1) The height of a stepped or terraced building is the maximum height of any segment of the building. The building height limitations established herein shall not apply to the following: Church steeples, silos, decorative domes and cupolas not used for human occupancy or any commercial, business or industrial use, nor to windmills, chimneys, ventilations, transmission towers, solar heating and cooling devices, or necessary mechanical appurtenances normally carried above the roofline. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more that six (6) feet above grade, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point, such usable or unused underfloor shall be considered a story. (See Figure 26- 123.1.) Notwithstanding the above where the teFFn "story" eaeh twelve (171 feet of h 'Id' height `.hall be considered a I J J StOFY, and f id ..1 buildings, eh (10) feet of building of a building !E) the highest point of the building. 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 GED\53027\384393.01 4 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 to on this day of , 2002, 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 , 2002, 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 , 2002• SIGNED by the Mayor on this day of , 2002. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney GED\53027\384393.01 5 replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(g) Area Width Setback Setback(ear Setback() One-family dwelling 35' 40% 7,500 sf 6010) 30'(0) 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'(0 30'(`) 5' 10' Multifamily (3 or more dwelling 35' 40% 12,500 0" 100' 30' 15'(8( 10'(e( units) Group home 35' 40% 9,000 sf 75' 30'(0) 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(O) 5' 5' per unit Private storage shed 20'(0 400 sH 9,000 sf 75' 30' 5'(e) 5'(e) 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'("( 15'(e)("( 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'(0 30'(0( 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-.123.2.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) 0) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. V NOTE: The requirements of section 26-120.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 ICJ units in the-R-2A -district, where such structures and their reconstruction meet all of the following requirements: (1) the structure was legally in existence on September 8, 1997, (2) the structure is located upon a lot which does not meet the then-applicable minimum lot area and/or minimum land area per unit requirements for such proposed reconstruction, and (3) such reconstruction is restricted to replacement of the structure which has been destroyed. This exemption shall not apply to: (1) new construction where no replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). GED\53027(357901.09 -69- 1. The property may be developed with a single-family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of single-family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. Commissioner McNAMEE offered a friendly amendment to add the following reasons for denial: 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the second criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family development and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The amendment was accepted by Commissioners COLLINS and SNOW. The motion passed 7-0 with Commissioner COOPER absent. Commissioner SNOW questioned whether there was a request for dedication. Ms. Austin replied that there is a 5-foot dedication on Saulsbury. Upon review of the plat document submitted by the applicant for Commission packets, it was discovered this dedication was not shown. Therefore, it became necessary to reconsider the original motion. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to reconsider Case No. MS-02-01 solely for the purpose of discussing possible dedication on Saulsbury. The motion passed 7-0 with Commissioner COOPER absent. It was moved by Commissioner SNOW and seconded by Commissioner WEISZ that Case No. MS-02-01 be approved for the same reasons presented in the previous motion with the same condition number one and the addition of condition number two that the owner dedicate five feet on Saulsbury and that the dedication be drawn in and referred to on the plat before it goes to City Council. The motion passed 7-0 with Commissioner COOPER absent. (Chair THOMPSON declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 p.m.) r B. Case No. ZOA-01-02: An ordinance amending Sections 26-123, 26-211 and 26-212 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures in the R-3 and R-3A zone districts and the definition of a "story". Planning Commission February 7, 2002 City Council directed staff and Planning Commission to correct conflicting requirements in the R-3 and R-3A zone districts pertaining to side and rear setbacks and to look at the definition of a "story." Alan White presented the staff report on this matter. During discussion of the matter, there was a consensus to send the ordinance back to staff for further clarification before acting on the ordinance. Chair THOMPSON asked if there were individuals present who wished to address the ordinance. Louise Turner 11256 West 38th Avenue Ms. Turner was sworn in by Chair THOMPSON. She suggested that a story should be measured to the top of the roof and suggested the following wording: "A structure with one level of living above grade shall not be considered a two-story building unless the big open vaulting roof is high enough that the distance between the grade and the rooftop equals or exceeds the twenty feet." Beyond a two-story structure, where there is living space on two levels, you could say that "each ten feet, or portion thereof above that point, shall constitute a story for setback purposes." She further suggested that, for any structure, a five-foot setback would be required for each ten feet of building height. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. ZOA-01-02 be continued until a time set by the Planning Director to clarify the various problems discussed this evening. The motion passed 7-0 with Commissioner COOPER absent. C. Case No. ZOA-01-06: An ordinance amending Section 26-628.D of the Wheat Ridge Code of Laws pertaining to the 1,500-foot minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. The staff report was presented by Alan White. The subject ordinance contains revisions recommended by City Council at the January 21St study session. Commissioner THOMPSON requested that the ordinance allow a special use permit to be granted only to the owner and not run with the land. Further, the portion of land with a special use could only be used for storage with no building allowed. Commissioner SNOW moved and Commissioner PLUMMER seconded that Case No. ZOA-01-06 be forwarded to City Council with a recommendation for approval with the following amendment: At the end of Section D, the following language be added: special use permits granted on property not meeting the 1,500 foot separation requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on the site. The motion passed 6-1 with Commissioner COLLINS voting no and Commissioner COOPER absent. Planning Commission Page February 7, 2002 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 7, 2002, at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-01-02: An ordinance amending Sections 26-123, 26-211 and 26-212 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and the definition of a "story." Case No. ZOA-01-06: An ordinance amending Section 26-628.1) of the Wheat Ridge Code of Laws pertaining to the fifteen hundred (1500) feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. Case No. ZOA-02-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted urban renewal plans. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: January 31, 2002 Wheat Ridge Transcript C:\Katlry\PCRPTS\PLANGCOM\PUBHRG\020207B.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING SECTIONS 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212 AND 26-611 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND EXCEPTIONS THERETO. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws Sections 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, and 26-212 are amended to read as follows: Sec. 26-206 Residential-One A District (R-1 A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(h) Area''' Widthgl Setback Setback"' Setback(W One-family dwelling 35' 30% 9,000 sf 75' 30'(c) 10'(d) 15' Group home 35' 30% 9,000 sf 75' 30"c) 90'(d) 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(`) 5' 5' Private storage shed 20'(9) 400 sf 9,000 sf 75' - 30' V.) 5'(a) Churches, schools, government and quasi-government build- ings, golf courses 35' 30% 1 acre 200' 30'(') 15'01") 20' All other uses 35' 30% 9,000 sf 75' 30'(c) 5'(d) 15' GED\63027\384393.01 (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE OR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve 02) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-207 Residential-One B District (R-1 B). C. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. D. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage"' Area Width''' Setback Setback"' Setback(b) One-family dwelling 35' 40% 7,500 sf 60' 30"c' (4) 10' Group home 35' 40% 7,500 sf 60' 30'(c) mi 10' Detached garage or carport 20' 600 sf 7,500 sf 60' 30'(" 5' 5' Private storage shed 20'(0) 400 sf 7,500 sf 60' 30' 5'(°' Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'01 150)(f) 20' All other uses 35' 40% 9,000 sf 60' 30'(c) Vd) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten 0 0) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen 115) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. Ih) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-208 Residential-One C District (R-1 C). GED\53027\384393.01 2 E. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. F. Development Standards: Minimum Maximum Minimum Minimum Front Minimum M inimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'01 Area Width Setback Setback' Se tback lbl One-family dwelling 35' 40% 5,000 sf 50' 30'x`) (`1 10' ' Group home 35' 40% 5,000 sf 50' 30"` Eel 10 ' Detached garage or carport 20' 600 sf 5,000 sf 50' 30'") 5' 10 Private storage shed 20'19 400 sf 5,000 sf 50' 30' 5-(d) 5'WE Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'0° 15'(") 20' All other uses 35' 40% 5,000 sf 50' 30'(`) 5'(d) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) FOR ONE STORY, 5 FEET. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-209 Residential-Two District (R-2). G. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. H. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (hl Area Width''' Setback Setback"' Setback (b) One-family dwelling 35' 40% 9,000 sf 75'(') 30'(`) wi 10' Two-family dwelling 35' 40% 12,500 100' 30' (m 10' sf Group home 35' 40% 9,000 sf 75' 30'(`) 'd) 10' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(`) 5' 5' per unit Private storage shed 20'(9) 400 sf 9,000 sf 75' 30' 5'(°) 5'ta) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'11 15' 20' GED\53027\384393.01 3 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height CoverageN Area Widthl'l Setback Setbacklal SetbackW All other uses 35' 40% 9,000 sf 75' 30'(c' 5i1d1 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten 0 0) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten 00) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-210 Residential-Two A District (R-2A). 1. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. J. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragelhl Area Width Setback Setback Setback"' One-family dwelling 35' 40% 7,500 sf 60'W 30"c) 1a) 10' Two-family dwelling 35' 40% 9,000 sf 75'1`) 30'(c) W 10' Multifamily (3/more dwelling 35' 40% 13,050 100' 30' jai 10'x'1 units) sf1d1 Group home 35' 40% 9,000 sf 75' 30' iai 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(c) 5' 5' (per unit) Private storage shed 20' 400 sf/ 9,000 sf 75' 30' Vai 5,W 4 d.u. Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'°0 15")(f) 20' All other uses 35' 40% 9,000 sf 75-M 30' 5' 10' (a) Side yard setback shall be five (5) feet FOR ONE story. FOR TWO STORIES, 10 FEET. FOR THREE - STORIES, 15 FEET. Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) GED\53027\384393.01 4 (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve l12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Rear yards for building which exceed two (2) stores shall be increased five (5) feet for each additional story over two (2) stories. (k) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (1) Reserved. NOTE: The requirements of section 26-120(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: (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). Sec. 26-211 Residential-Three District (R-3). K. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. L. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverages' Area Width Setback Setback'"' Setback'"i One-family dwelling 35' 40% 7,500 sf 60'10 30'(c) 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'01 30'(c) 5' 10' Multifamily (3 or more dwelling 35' 40% 12,500 100' 30' 15'0) units) sf(d) Group home 35' 40% 9,000 sf 75' 30'(c) 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30") 5' 5' per unit Private storage shed 20'111 400 sf/ 9,000 sf 75' 30' 5'(a) 5'(c$ 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(h) 15,0)(h) 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'01 30'(c) 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. GED\53027\384393.01 5 (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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). Sec. 26-212 Residential-Three A District (R-3A). M. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. N. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragel0' Area Width Setback Setback'°~ Setback1.. One-family dwelling 35' 40% 7,500 sf 60'01 30"') 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'11 30'x`) 5' 10' Multifamily (3+ dwelling units) 35' 40% 12,500 100' 30' 15"-' 151f') sf(m Group home 35' 40% 9,000 sf 75' 30"0 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'x`) 5' 5' per unit Private storage shed 20'x'' 400 sf/ 9,000 sf 75' 30' 5'(a) 5,10 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(h) 15,WN 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60'01 30'(" 15"') 10' (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.' GED\53027\384393.01 6 (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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 2. Wheat Ridge Code of Laws entitled Section 26-611 "Building Setbacks" is amended by the addition of a new subsection; the entire section, as amended, to read as follows: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. IN RESIDENTIAL ZONE DISTRICTS, ENCROACHMENTS into required setback areas shall not be permitted except as follows: 3. 4. Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. Architectural features. Cornices, eaves, beltcoses, sills, canopies or other similar architectural features, including ba windows, may extend or project into a required front, side or rear yard, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. Chimneys. Chimneys may project into a required front, side or rear yard, provided the width of such yard is not reduced to less than FIVE (5) feet. Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than FIVE (5) feet. GED\53027\384393.01 7 B. IN COMMERCIAL, AGRICULTURAL AND INDUSTRIAL ZONE DISTRICTS, ENCROACHMENTS INTO REQUIRED SETBACK AREAS SHALL NOT BE PERMITTED EXCEPT AS FOLLOWS: PORCHES, PATIOS, DECKS AND BALCONIES. PORCHES, PATIOS, DECKS AND BALCONIES WHICH ARE OPEN ON AT LEAST TWO (2) SIDES MAY ENCROACH INTO A FRONT SETBACK UP TO EIGHT FEET OR INTO A SIDE OR REAR YARD A MAXIMUM OF ONE-THIRD THE DISTANCE TO THE CLOSEST PROPERTY LINE. ARCHITECTURAL FEATURES. CORNICES, EAVE BELTCOURSES, SILLS, CANOPIES OR OTHER SIMILAR ARCHITECTURAL FEATURES, INCLUDING BAY WINDOWS, MAY EXTEND OR PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN THIRTY (30) INCHES. 3. CHIMNEYS. CHIMNEYS MAY PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN TWO (2) FEET, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. 4. FIRE ESCAPES, OPEN STAIRWAYS. A FIRE ESCAPE OR OPEN STAIRWAY MAY EXTEND INTO ANY FRONT, SIDE OR REAR YARD, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. C. If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. GED\53027\384393.01 8 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 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 , 2001, 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 , 2001, 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 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript GED\53027\384393.01 9 Effective Date: GED\53027\384393.07 10 CITY COUNCIL STUDY SESSION MINUTES: January 21, 2002 Page - 2 - Planning Commission Members present were: Jerry Collins, Marian McNamee, Anne Brinkman, Paula Weisz, Philip Plummer, Nancy Snow, Paulette Cooper and Janice Thompson. Item 4. Review Council Bill 19-2001 - Permit process for Recreational Vehicle sales lot ancillary storage. Alan White gave a history of the Council Bill. He presented three options for Council and Planning Commission to consider and discussion followed. Planning Commission was present and gave their views on the changes. Consensus 6-2 to accept Option 3 which requires a Special Use Permit for locations closer than 1,500 feet, to be considered on a case by case basis. Item 7. Review Council Bill 20-2001 - Amending Sections 26-206, 26-207, 26- 208, 26-209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for Residential Structures and exceptions thereto. Alan White presented this Council Bill and presented staffs recommendations. Discussion followed. There was concern about pop-tops not being included in the bill. Consensus 8-0 to postpone the bill indefinitely. Consensus 5-3 to look at the inconsistencies in the code and come back with definitions and recommendations. Item 2. CDBG Funding - Ann Pitinga. Ann Pitinga presented this item; Mrs. Rotola asked that an addition from the Wheat Ridge Housing Authority be made requesting $20,000 to be placed in General Allocation, under Jefferson County, and change the total to $50,000. Consensus 8-0 to send this item forth to City Council on January 28, 2002. Item 6. Review Council Bill 30-2001 - Amending Section 26-303, Planned Residential Developments Regulations of the Code of Laws of the City of Wheat Ridge, Colorado (ZOA-01-04) Jerry DiTullio explained what a PRD is and the legal protest process. The bill is to eliminate the one acre requirement so that a Planned Residential Development would have no minimum size requirement. These properties would be reviewed on a case by case basis. Discussion followed and some changes suggested. CITY COUNCIL MINUTES: October 8, 2001 Page - 3 - Item 3. Council Bill 19-2001 - An Ordinance establishing a permit process for recreational vehicle sales lot ancillary storage areas. Council Bill 19-2001 was introduced on first reading by Mrs. Worth, who also read the title Motion by Mrs. Worth that Council Bill 19-2001 be approved on first reading, ordered published, public hearing be set for Monday, October 22, 2001 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon adoption; seconded by Mr. Hanley. Motion by Mrs. Worth to amend the motion to add the word "Special Use" to the title; and under Section 26-114 D. "The recommendation of Planning Commission and the decision of City Council shall be final subject to judicial review"; seconded by Ms. Figlus. . Chris Porter, attorney for Ketelsen Campers, spoke in favor of the ordinance. Amendment failed 3-5 with Councilmembers Hanley, Worth, and Figlus voting yes. Vote on main motion failed 3-5 with Councilmembers Hanley, Gokey, and Worth voting yes. Motion by Ms. Figlus to refer this issue to a joint Study Session with the Planning Commission; seconded by Mr. Gokey; carried 8-0. Item 4. Council Bill 20-2001 - An Ordinance amending Sections 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212, and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Council Bill 20-2001 was introduced on first reading by Mr. Mancinelli, who also read the title, summary and background. Motion by Mr. Mancinelli to postpone this Council Bill to a joint Study Session with Planning Commission on the same Agenda as the previous item; seconded by Mr. Gokey; carried 8-0. Item 5. Council Bill 21-2001 - An Ordinance amending the Wheat Ridge Code of Laws to provide for enforcement of violations of Chapter 26. Council Bill 21-2001 was introduced on first reading by Mrs. Shaver, who also read the title, summary and background. nmmsw~ OF WHE4T Po AGENDA ITEM REQUEST FOR COUNCIL ACTION October 8, 2001 ~i OR POO _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING _ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Sections 26-206, 26-207, 26-208, 26-209, 26-210„ 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. SUMMARY AND BACKGROUND: At the time of adoption of Chapter 26, several changes were suggested by Wheat Ridge United Neighborhoods to the required setbacks in residential zone districts. Council directed staff to look at these suggested changes with Planning Commission and bring forward a recommendation. Planning Commission discussed this issue at several meetings and arrived at several recommendations. In summary, the R-IA side setback was changed to 10 feet, and in all other districts the side setback was changed re uire 5 feet per story. The Commission also recommended changing the setback exceptions to increase the q permitted encroachments into required side yards to 5 feet. ATTACHMENTS: 1. Council Bill No. ~)U _ MCI 2. 6/14/01 Alan White Memo 3. WRUN letter 4. 8/8/01 Alan White memo BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $o impact of expenditure on line item: $0 Budget Account No.:. N/A STAFF RECOMMENDATION: Approval of changes to setback requirements; Not approval of setback exceptions in residential zone districts. ORIGINATED BY: Alan White, Planning and Development Director STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to approve Council Bill No. Case No. ZOA O1- 03, on first reading, ordered published, public hearing set for Monday, November 26, 2001 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." fte ~q"~cl tneU, 'Il l'.>dyPiles.\\'Pfiles 8mjecu¢onin, umenJmenu res xtbacA~cc IsL.NPd ie~n 914 d 6V ~T of WHEAT ~ P ~ o m REQUEST FOR COUNCIL ACTION _ PUBLIC HEARINGS X ORDINANCES FOR 1ST READING _ BIDS/MOTIONS _ ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Sections 26-206, 26-207, 26-208, 26-209, 26-210„ 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. SUMMARY AND BACKGROUND: At the time of adoption of Chapter 26, several changes were suggested by Wheat Ridge United Neighborhoods to the required setbacks in residential zone districts. Council directed staff to look at these suggested changes with Planning Commission and bring forward a recommendation. Planning Commission discussed this issue at several meetings and arrived at several recommendations. In summary, the R-lA side setback was changed to 10 feet, and in all other districts the side setback was changed to require 5 feet per story. The Commission also recommended changing the setback exceptions to increase the permitted encroachments into required side yards to 5 feet. 'ATTACHMENTS: 11. Council Bill No. 12. 6/14/01 Alan White Memo 13. WRUN letter 14. 8/8/01 Alan White memo Original budgeted amount: Actual contracted amount: Impact of expenditure on line item: Account No.: N/A $0 $0 $0 STAFF RECOMMENDATION: Approval of changes to setback requirements; Not approval of setback exceptions in residential zone districts. ORIGINATED BY: Alan White, Planning and Development Director STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to approve Council Bill No. , Case No. ZOA 01- 03, on first reading, ordered published, public hearing set for Monday, November 26, 2001 at 7:00 p.m. in the City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication." C:1MyFiles\WPFiles\Pmjec6\zoning amendmenm\res setbacks cc Iscwpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING SECTIONS 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212 AND 26-611 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND EXCEPTIONS THERETO. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend to development standards in individual zone districts pertaining to setbacks; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A District (R-1 A) is hereby amended to read as follows: Sec. 26-206 Residential-One A District (R-1 A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) AreaO' Widthlil Setback SetbacO' Setback (b) One-family dwelling 35' 30% 9,000 sf 75' 30'(0 10'&idl - 15' Group home 35' 30% 9,000 sf 75' 30'(`) 10161 (d) 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(`) 5' 5' Private storage shed 20"0' 400 sf 9,000 sf 75' 30' 5'f') 5'(') Churches, schools, government and quasi-government build- ings, golf courses 35' 30% 1 acre 200' 30'11 15'01(0 20' All other uses 35' 30% 9,000 sf 75' 30'(°) 5'(d) 15' GED\53027\384393.01 (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. - (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE OR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. fifteen '1"'"°` (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B District (R-1 B) is hereby amended to read as follows: Sec. 26-207 Residential-One B District (R-1 B). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(h) Area Widthlil Setback Setback"' Setback(b) One-family dwelling 35' 40% 7,500 sf 60' 30'(c) ,,I(d) 10' Group home 35' 40% 7,500 sf 60' 301M 64 (0 10' Detached garage or carport 20' 600 sf 7,500 sf 60' 301(c) 5' 5' Private storage shed 20'(e) 400 sf 7,500 sf 60' 30' 5,N) V.) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'(') 1 VOW 20' All other uses 35' 40% 9,000 sf 60' 30'(c) 5'(e) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) GED\53027\384393.01 2 (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C District (R-1 C) is hereby amended to read as follows: Sec. 26-208 Residential-One C District (R-1 C). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'91 Area Width Setback Setback1e1a Setback(b) One-family dwelling 35' '40% 5,000 sf 50' 30'10 b'1e1 10' Group home 35' 40% 5,000 sf 50' 30'1`) b'1e1 10' Detached garage or carport 20' 600 sf 5,000 sf 50' 30'11 5' 10' Private storage shed 20'1f1 400 sf 5,000 sf 50' 30' 5'(d) Vd1 Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'(h) 15'1h1 20' All other uses 35' 40% 5,000 sf 50' 30'(`) 5'1d1 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cut-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) FOR ONE STORY, 5 FEET. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. Minimum (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) 0) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows: Sec. 26-209 Residential-Two District (R-2). A. Intent and Purpose: This district is established to provide and stable low to moderate-density residential neighborhoods, and to nature which are incompatible with the residential character. B. Development Standards: high quality, safe, quiet prohibit activities of any GED\53027\384393.01 3 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage" Area Widthiii Setback Setback"' SetbackN One-family dwelling 35' 40% 9,000 sf 75'1j1 30'1c1 5'-idi 10' Two-family dwelling 35' 40% 12,500 . 100' 30'1c1 §'-i"i 10' sf Group home 35' 40% 9,000 sf 75' 30'1c1 r(d) 10' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'1c1 5' 5' per unit Private storage shed 20'181 400 sf 9,000 sf . 75' 30' 5'1e1 5'101 Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'111 1541101 20' All other uses 35' 40% 9,000 sf 75' 30'(c) 5'1d) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) M Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A District (R-2A) is hereby amended to read as follows: Sec. 26-210 Residential-Two A District (R-2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverageihi Area Width Setback Setback14 Setback 1b) One-family dwelling 35' 40% 7,500 sf 601 Iki 30'1c1 b'1e1 10' Two-family dwelling 35' 40% 9,000 sf 75'1ki 30'cc1 4-1"i 10' Multifamily (3/more dwelling 35' 40% 13,050 100' 30' AW 10'1j1 units) sf1d1 Group home 35' 40% 9,000 sf 75' 30' &,a) 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'1.1 5' 5' (per unit) Private storage shed 20'191 400 sf/ 9,000 sf 75' 30' 5'ici 5'(') 4 d.u. GED\53027\384393.01 4 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) Area Width Setback Setback44 Setbacks") Churc hes, schools, government and ings, quasi-government build- golf courses 35' 40% 1 acre 200' 30'(') 15' 20' ' All other uses 35' 40% 9,000 sf 75"`) 30' 5' 10 (a) Side yard setback shall be five (5) feet FOR ONE STORY, TEN (10) FEET FOR TWO STORIES, FIFTEEN (15) FEET FOR THREE STORIES-pe c~`__ Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all (c) structures. Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) M Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Rear yards for building which exceed two (2). stores shall be increased five (5) feet for each additional story over two (2) stories. (k) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (1) Reserved. NOTE: The requirements of section 26-120(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: (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 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three District (R-3) is hereby amended to read as follows: Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. GED\53027\384393.01 5 B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(el Area Width Setback Setback'eal Setback"' One-family dwelling 35' 40% 7,500 sf 60'f1 30"c) 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'01 30'1.) 5' 10' Multifamily (3 or more dwelling - 35' 40% 12,500 100' 30' 15'(') 15'4-D'{'' units) sf(m Group home 35' 40% 9,000 sf 75' 301(c) 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(c) 5' 5' per unit Private storage shed 20 400 sf/ 9,000 sf 75' 30' 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30Th) 15-WN 20' and quasi-government build- ings, golf courses, small day care. center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60") 30"') 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) - (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) - (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A District (R-3A) is hereby amended to read as follows: Sec. 26-212 Residential-Three A District (R-3A). GEM53027\384393.01 6 A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: One-family dwelling Two-family dwelling Multifamily (3+ dwelling units) Group home Detached garage or carport Private storage shed Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses Maximum Minimum Minimum Maximum Building Lot Lot Height Coverage(91 Area Width 35' 40% 7,500 sf 60'°) 35' 40% 9,000 sf 75'91 35' 40% 12,500 100' sfM 35' 40% 9,000 sf 75' 20' 600 sf 9,000 sf 75' per unit 20'(f) 400 sf/ 9,000 sf 75' 4 d.u. 35' 40% 1 acre 200' 35' 40% 9,000 sf 60'(') Minimum Front Yard Setback 30'(') 3O,W 30' 30'(.) 30'(`) 30' 30 (h) 30'101 Minimum Side Yard Setback"') 5' 15'~a1 5' 5' 5,(.) 15,(.um 15'(') (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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). Minimum Rear Yard Setback"' 10' 10' 15'4-g'-(') 10, 5' 5,1.1 20' 10' GED\53027\384393.01 7 Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks" is amended by the addition of a new subsection; the entire section, as amended, to read as follows: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. IN RESIDENTIAL ZONE DISTRICTS, ENCROACHMENTS into required setback areas shall not be permitted except as follows: Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 3. Chimneys. Chimneys may project into a required front, side or rear yard not More then two (2) feet provided the width of such yard is not reduced to less than FIVE (5).three(3) feet. 4. Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than FIVE (5) thFee (0) feet. B. IN COMMERCIAL, AGRICULTURAL AND INDUSTRIAL ZONE DISTRICTS, ENCROACHMENTS INTO REQUIRED SETBACK AREAS SHALL NOT BE PERMITTED EXCEPT AS FOLLOWS: PORCHES, PATIOS, DECKS AND BALCONIES. PORCHES, PATIOS, DECKS AND BALCONIES WHICH ARE OPEN ON AT LEAST TWO (2) SIDES MAY ENCROACH INTO A FRONT SETBACK UP TO EIGHT FEET OR INTO A SIDE OR REAR YARD A MAXIMUM OF ONE-THIRD THE DISTANCE TO THE CLOSEST PROPERTY LINE. 2. ARCHITECTURAL FEATURES. CORNICES, EAVE BELTCOURSES, SILLS, CANOPIES OR OTHER SIMILAR ARCHITECTURAL FEATURES, INCLUDING BAY WINDOWS, MAY EXTEND OR PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN THIRTY (30) INCHES. 3. CHIMNEYS. CHIMNEYS MAY PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN TWO (2) FEET, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. 4. FIRE ESCAPES, OPEN STAIRWAYS. A FIRE ESCAPE OR OPEN STAIRWAY MAY EXTEND INTO ANY FRONT, SIDE OR REAR YARD, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. GED\53027\384393.01 CS. If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. Section 9. 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 10. 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 11. 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 2001, 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 2001, 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 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk GED\53027\384393.01 9 Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\384393.01 10 of wHEar City of Wheat Ridge Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 6W SUBJECT: Residential Setbacks DATE: June 14, 2001 At the Council hearings held on the adoption of Chapter 26, two recommendations for changes were made by Wheat Ridge United Neighborhoods: 1) revise the required minimum side and rear setbacks in the residential zone districts and 2) eliminate the exceptions to setbacks in Section 26- 611. Council directed staff to work with Planning Commission to review WRUN's recommendations and propose any Code changes. WRUN's recommendations are attached. Two recommendations are not discussed. Council decided that no changes should be made to the way variances are handled. No direction was given to address the Public Facilities height regulations. WRUN's Recommendation WRUN's recommendation is to require an additional five feet for the side and rear setbacks for each story above the first story for single family homes and duplexes in all residential zone districts. Some form of this requirement is currently in place for some, not all, yards in the R-1C, R-2A, R-3 and R-3A zone districts. The Current Requirements All of the development standards in the newly adopted Chapter 26 are as they were in the previous version of Chapter 26. No changes were made to any of the setback, lot size, lot width, building coverage, or height requirements in any of the zone districts. The setbacks required in the residential zone districts are shown in the following chart. Minimum lot widths are also shown since they will be an item of discussion later in this memorandum. -1- Residential Setback Requirements Zone District Side Setback * Rear Setback * Lot Width R-1 Single Family 15' 15' 100' R-1A Single Family 5' 15' 75' R-1B Single Family 15' total 2 sides 10' 60' R-1C Single Family 5'/story 10' 50' R-2 Single Family 15' total 2 sides 10' 75' Duplex 15' total 2 sides 10' 100' R-2A Single Family 57story 10' 60' (80' corner lot) Duplex 57story 10' 75' (80' corner lot) Multi-Family 57story 10' 57story > 2) 100' R-3 Single Family 5' 10' 60' (80' comer lot) Duplex 5' 10' 75' (80' corner lot) Multi-Family 15' 57story > 2) 10' 57story >2) 100' R-3A Single Family 5' 10' 60' (80' comer lot) Duplex 5' 10' 75' (80' comer lot) Multi-Family 15' 57story > 2) 10' (+5'/story > 2) 100' * The setback is increased to 30' when adjacent to a public street. Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart. Staff Analysis The existing required side and rear yard setbacks are fairly standard and workable for the R-1 zone district. Lots are required to be 100' minimum in width. The 15' setback results in homes being at least 30 feet apart. The side setback decreases to 5' in R-lA, but then increases as the required lot sizes and lot widths decrease. The following setbacks would be required of a two-story single family house in each of the zone districts: 15' in R-1, 5' in R-IA, 7-1/2' in R-1B (assuming equal -2- setbacks for each side yard) and Win R-1C. This scheme of setback requirements runs counter to what would seem logical: as lot sizes and widths decrease, so should setback requirements. Our setbacks increase as the lot size and width decrease. WRUN's recommendation of the additional 5' per story setback is proposed for single family and duplex structures in all residential zone districts. The current required setbacks are proposed for the first story, with the 5' per story additional setback applied to this "base" setback. This would mean a two story single family home would have the following side setbacks: 20' in R-1, 10'm R-lA, 12- '/z' in R-1B, 10' in R-1C, 12-V2' in R-2, and 10' in R-2A, R-3 and R-3A. Under this scheme, the setbacks for R-1B and R-2 seem out of line. Adding the requirement of an additional setback of 5' per story increases the setback requirement for the smaller and narrower lots, making it difficult to build a modern home on a small lot where the only option to increase square footage is to go up. A two story single family house in the R-1 C zone district requires side setbacks of 10' each, leaving room on a 50'-wide lot for a 30'-wide home. Part of the concern in WRUN's letter presumably deals with "pop-tops" where a second floor is added to a single story structure. There is one setback exception in the Code that addresses this situation. Section 26-120 (C) deals with nonconforming structures and permits enlargements and alterations to non-conforming one and two-family structures (those not meeting the setback requirements) as long as the lot coverage requirement is met and as long as the enlargement or alteration does not encroach beyond the existing setback line. "Pop-tops" wouldn't be affected by the proposed 5' per story additional setback because this exception permits building in line with the existing outer wall of the structure. The exceptions to setbacks are found in Section 26-611 (A). The items listed are those exceptions to setbacks allowed by the Code. Most of the exceptions are minor and create more of an inconvenience for an owner than an impact on any neighbor. One concept of New Urbanism is to move porches closer to the street, not farther away. Deleting this exception would require the front edge of a porch to be located 30' from the property line. The new urbanists would be appalled. The exceptions are characterized as variances, but there is no administrative variance process involved. They are simply permitted exceptions to the setback requirements. These exceptions are fairly typical of other jurisdictions. The side and rear setback requirements for multi-family buildings in the R-3 and R-3A districts need to be clarified. The language of footnote (a) does not correspond with the setbacks shown in the chart. In the R-3 district, the footnote requires a minimum of 15' side and rear setbacks for the first two stories and an additional 5' per story for each additional story. The chart shows that the minimum rear yard setback is 10'. Similarly, in R-3A the footnote states that the side setback is 10', but the chart shows 15'. Staff Recommendations The residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be consistent among the same uses in different zone districts. The 5' per story additional setback should be used sparingly. The setback exceptions should remain. -3- ~~JPat'~tibgP~nitEb .~Pig~J~lDr~DD~~ ~1nL. COMMENTS RELATING TO COUNCIL BILL 02-2001 Amending Chapter 26 of the Code of Laws The Ordinance you are considering encompasses the complete Zoning laws of the City. WRUN feels that some portions which have not been addressed, should be at this time and would like to make some recommendations. Top of the list includes setbacks, and variances as they pertain to setbacks. These have a profound effect upon neighbors and on the community at large. Older homes are mostly single story and the setbacks as written work nicely for these. However today, as you know homes are being built much larger and higher. Also 2nd stories are being added to existing homes. As they get higher it becomes evident that 101,for example, is adequate between two single story homes but is not des- irable between two buildings that are 35' high-which is the maximum allowed height in Res. Districts. If that 10' is reduced to 6' through allowed exceptions or variances, it is even less desirable. rundown of setbacks goes as follows: The front yard setback in all residential districts is 30' (except in cul de sacs). And there is a provision for keep- inq new homes in line with those that exist. This is good however established exceptions and unlimited variances can change it. Rear yard setbacks for A-1 R-1 and R-lA are 151: in all other districts Tilley are 16' for singles and E ubles. Sideyard setbacks in A-1 and R-1 are 151. They are 5' in R-IC and for singles and doubles in F,,,-2A,R-3 and R-3i,. (2) F In the multi story developments in R-2A, R-3 and R-3A there have been adjustments made for second and/or 3rd stories so a change is not being recommended there. The Votion requested by WRUN is as follows: "In all residential zone districts side and rear yard setbacks for single family homes and duplexes as cur- rently written apply to the first story. There shall be an additional five feet for each additional story." This of course doesn't take care of the "exceptions" which are Section 26-611 A 1-4,and this is attached below: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. Encroachment into required setback areas shall not be permitted except as follows. 1. Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features. Cornices, eave beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys. Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4. Fire escapes, open stairways. Afire escape or open stairway may extend into any front, side or rear yard; provided the width of such yard is not reduced to less than three (3) feet. You can see how easily many setbacks can be re'uced as - ministratively to just 3' end without a he-Ting. To address t' i : . ,l l Mas r t<r;st c the followinn notion: (3) t. Votion "Section 26-611 9.1-4 shall be deleted and replaced with 'Building Setbacks shall be measured at right angles from the property line to the outermost wall or extending arch- itectural feature with the exception of the roof overhang (which is limited to two feet). Other encroachment into required setback areas shall not be permitted except by variance granted by.the Board of Adjustment. Plumbers 1-4 are hereby deleted'." The retaining impacts come from the fact that as of the last rewriting of the code, the right of granting variances was extended to the Council and to the planning Commission (unlimited) and to the Staff (107). It had formerly been solely the responsibility of the Board of Adjustment. WRUIN w uld like to see that again. Also formerly there was a limit of.107, for the Board of Adjustment but with pressure from developers this was removed and unlimited variances can be granted. ?ecently a home was built very close to the street in the middle of a block where all others appear to be 30' back. Also, last week there was a request to the Board of Adjust- ment for a 20' variance to a 30' front yard setback and a request for a 12' variance to a 15' side yard setback. WRUN would like to see the 10% limit reinstated. The following motion is proposed: k otion "Variances shall be Adjustment and only for variances shall ing the proper proc Public Tearing. No the responsibility of the Board of the Board of Adjustment. Requests be acted upon by such Board follow- =dures for posting, publication and variance shall exceed 10%." (4) Wheat Ridge United Neighborhoods feels that these three changes would do a great deal to protect adjacent neigh- bors and to give stability to the setback requirements as they are stated for the residential zone districts. The fourth motion proposed by WRUN pertains to PF-1 which gives the height limit as 501. Since this might be anywhere,. the following change is proposed: I-4otion lieig t limit in PF-l.shall be 50' when totally within a commercial zone area. If within or adjacent to residen- tial zones the height limit shall be 35' for compatibility." Thank you for this opportunity. Wheat Ridge United Neighborhoods Jean Fields, Pres. of WHEgT City of Wheat Ridge . Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setback Standards DATE: August 8, 2001 At the July 191' Planning Commission meeting when this subject was discussed, the Commission gave the following direction: ■ Change the R-lA side setback to 10'. ■ In Section 26-611 (Setback Exceptions), include language that permits all exceptions up to a minimum of 5' from the property line. ■ In all zone districts, require side and rear setbacks of 5' per story for scrape-offs or new construction, but pop-tops and additions can build in line (either vertically or horizontally) with existing setbacks. Pop-tops or additions built in line would be limited to two stories. ■ Recommend changes to the inconsistencies between the chart and footnotes in the R-3 and R-3A districts. Staff Comments Although this case is scheduled as a public hearing, staff is requesting further discussion. The setback exceptions in Section 26-611 are fairly typical of other jurisdictions and they have been in the Wheat Ridge Zoning Code for a number of years. This section applies to all zone districts, not just residential districts. Making the requested change will create innumerable non- conforming structures. Non-conforming structures (except single and two-family structures) cannot be enlarged or altered. Under the new regulation, a commercial structure with a cornice extending to within 4' of a property line could not be enlarged. Is this what the Commission intends? Furthermore, in some instances a commercial structure can have a zero side yard setback. A commercial structure with no architectural detailing can be located at the side lot line, but a building with some cornice detailing has to be set back 5' as measured from the cornice. This doesn't seem to make sense. Page 1 of 3 Staff would recommend again that these exceptions not be changed for several reasons: 1) Implementing the regulation will require greater detail in the information required for a building permit. Currently, an applicant must show only the building footprint. This regulation will require overhangs, beltcourses, or bay windows to be shown. This will require additional time for the applicant to provide this information and for staff to review it. 2) Some of these features are difficult to measure out in the field; overhangs being the best example. 3) When violations are discovered in the field (due to homeowners changing their mind about a window and the builder installing it), the only remedies are tearing out the offending feature or applying for a variance. The variance caseload will increase. Do we really want to require a variance for a bay window to extend 9" into a required 5' setback? 4) The preparation of an improvement location certificate (ILC) required for a certificate of occupancy will involve additional work by a surveyor and additional cost to the homeowner. 5) Is it the intent to let porches and decks encroach to within 5' of a property line? The existing language provides a more stringent standard. At a minimum, staff recommends to keep the exceptions for eaves and porches, decks, patios and balconies as currently written. While changing the setback requirement to the 57story standard sounds easy, it is difficult to write and make clearly understood. Regulations should be simple so that they are easy to understand, explain and administer. Adding this requirement will create a confusing set of setback standards. For example, the change would be implemented by adding a footnote to the development standards chart for R-IA as follows: For new construction, the setback is 10 feet or 5 feet per story, whichever is greater. For additions, either ground level or second story, the required setback is the setback of the existing structure or the required minimum of IO feet, whichever is smaller. What is the setback for a two-story addition to an existing one story structure situated 7' from the side lot line in the R-1B zone district? If you can answer this question, we'll sign you up to do volunteer work answering setback questions at the front counter. The new 57story standard would have applied to exactly ONE new residential structure if it had been implemented at the time the new Chapter 26 was adopted. That is the magnitude of the impact this new standard is likely to have. We simply do not have the large, vacant parcels of land where hundreds of new homes will be built. We will more likely have remodels, additions and pop-tops to which the new regulation won't apply. This seems to be a lot of expended energy for little gain. The information you were presented as to the number of variances granted by the Board of Adjustment appears to be dated. Last year, the BOA heard 6 setback variance requests. Five were approved. Generally, the approved requests involved garages and corner or irregularly shaped lots. This year, five setback variance applications have been submitted. One was Page 2 of 3 withdrawn, two were approved and two were denied. Six of eight BOA meetings this year have been canceled due to lack of any cases to hear. Staff Recommendations: Change the R-lA side setback to 10'. Do not change any other setback requirement except as noted below. Do not change any of the setback exceptions. The setbacks for multi-family uses in the development standards charts for the R-3 and R-3A zone districts should be changed to reflect what is stated in the footnotes; 15' rear yard setback in R-3, 10' side setback in R-3A. The only difference in the R-3 and R-3A zone districts is the allowable density: 12 units/acre in R-3 and 11 units/acre in R-3A. There are three parcels zoned R-3A in the City. This zone district should be eliminated and the three parcels zoned R-3. CAMyFiIcs\wPFiles\CODE\res setback Tees PC.wpd Page 3 of 3 1969 and feels the applicant's project would be a great asset to the neighborhood and would increase property values. It was moved by Commissioner SNOW and seconded by Commissioner COOPER that Case No. MS-01-01, a request for a two-lot minor subdivision for property located at 12225 West 35th Avenue be approved for the following reasons: 1. All requirements of the City's Subdivision Regulations have been met. 2. The minimum lot size requirements of the R-1 zoning district have been met. 3. The development standards of the R-1 district have been met for the existing single family home. With the following conditions: 1. The underground irrigation ditch be labeled with the name Lee Stewart & Eskins Ditch and an easement in a total amount of 15 feet be provided as requested by the ditch company and depicted on the plat. 2. The developer provide the standard park land fee as required by the Subdivision Regulations and approved by the Parks Department. The motion passed 7-0 with Commissioner BRINKMAN absent. B. Case No. ZOA-01-02: An ordinance amending Sections 26-206, 26-207, 26-208, 26- 209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Meredith Reckert presented this matter which is an ordinance containing changes to the residential setbacks as recommended by the Planning Commission at the last meeting. It was moved by Commissioner COOPER and seconded by Commissioner WEISZ that Case No. ZOA-01-02, an ordinance amending Sections 26-206, 26-207, 26-208, 26-209, 26- 210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto be forwarded to City Council with a recommendation of approval. The motion passed 7-0 with Commissioner BRINKMAN absent. 8: OLD BUSINESS A. Permission for access to private property - Janice Thompson inquired as to the status of developing a method of providing access to private property for staff and commission members for inspection purposes when an application is filed. Meredith Reckert will look into this. Perhaps permission could be granted by the property owner at the time application is made. A waiver could be incorporated into the application documentation requirement. Planning Commission Page 3 September 20, 2001 OF WHEgr City of Wheat Ridge o Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setback Standards DATE: September 12, 2001 Attached is the ordinance with the changes to the residential setbacks as recommended by Planning Commission. It includes the change made to the Setback Exceptions section at the last meeting. This item has been noticed as a public hearing. If the ordinance is satisfactory, a motion to recommend approval to City Council is needed. C:\MyFiles\WPFiles\ProjecL\zoning amendments\res setback pc.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING SECTIONS 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212 AND 26-611 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND EXCEPTIONS THERETO. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend the development standards in individual zone districts pertaining to setbacks; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A District (R-1 A) is hereby amended to read as follows: Sec. 26-206 Residential-One A District (R-1 A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage"' Area''' Widthlil Setback Setback'' Setback (b) One-family dwelling 35' 30% 9,000 sf 75' 30'(c) 10'-(d) 15' Group home 35' 30% 9,000 sf 75' 30"') 1ow:(d) 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(c) 5' 5' Private storage shed 20'(9) 400 sf 9,000 sf 75' 30' 5'(a) V-) Churches, schools, government and quasi-government build- ings, golf courses 35' 30% 1 acre 200' 30") 151p") 20' All other uses 35' 30% 9,000 sf 75' 30'1c) Vd) 15' GED\53027\384393.01 la) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten 0 0) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE OR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. fifteen H 5) `e side YaFd setback iff every individual lat with a minimum ef five 'Fl feet RA one 6) -kIe-. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B District (R-1 B) is hereby amended to read as follows: Sec. 26-207 Residential-One B District (R-1 B). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(') Area Widthlil Setback Setback"' Setback (b) One-family dwelling 35' 40% 7,500 sf 60' 30"c) Vd) 10' Group home 35' 40% 7,500 sf 60' 30'(c) 0 10' Detached garage or carport 20' 600 sf 7,500 sf 60' 30'(c) 5' 5' Private storage shed 20'(e) 400 sf 7,500 sf 60' 30' 5'(a) 5'(c) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30"0 15")") 20' All other uses 35' 40% 9,000 sf 60' 30'(d 5'(d) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) GED\53027\384393.01 2 (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C District (R-1 C) is hereby amended to read as follows: Sec. 26-208 Residential-One C District (R-1 C). A. Intent and Purpose: This district is established to provide high quali ty, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum M inimum Maximum Building Lot -Lot Yard Side Yard Rear Yard Height Coverage1g1 Area Width Setback Setback"aO Setback'"' One-family dwelling 35' 40% 5,000 sf 50' 30"c' r}'°' 10' Group home 35' 40% 5,000 sf 50' 30"c' r}(" 10' Detached garage or carport 20' 600 sf 5,000 sf 50' 30"c' 5' 10' Private storage shed 20"" 400 sf 5,000 sf 50' 30' 5"d' 5"d' Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30""' 15,N 20' All other uses 35' 40% 5,000 sf 50' 30"c' 5"d' 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) FOR ONE STORY, 5 FEET. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. Minimum Setba& fGF the first StOFY and five (5) feet f9F each additional StOFY. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows: Sec. 26-209 Residential-Two District (R-2)• A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. GED\53027\384393.01 3 B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height CoverageN Area Width'" Setback Setback '°i Se tback'"' One-family dwelling 35' 40% 9,000 sf 70' 30' r1d' 10' r1°' Two-family dwelling 35' 40% 12,500 100' 30'(.) 10' sf Group home 35' 40% 9,000 sf 75' 30"" r'd' 10' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(0 5' 5' per unit Private storage shed 20'(9) 400 sf 9,000 sf 75' 30' 5"°' 5"°' Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'01 15'°101 20' All other uses 35' 40% 9,000 sf 75' 30"" 5"d' 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. - (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A District (R-2A) is hereby amended to read as follows: Sec. 26-210 Residential-Two A District (R-2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'"' Area Width Setback Setback`°' Setback 1b) One-family dwelling 35' 40% 7,500 sf 60"k' 301W 10' Two-family dwelling 35' 40% 9,000 sf 75"k) 30'(" 10' Multifamily (3/more dwelling 35' 40% 13,050 100' 30' S"°' 10 units) sf(d) Group home 35' 40% 9,000 sf 75' 30' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"" 5' 5' (per unit) GED\53027\384393.01 4 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) Area Width Setback Setbacks Setback1b1 Private storage shed 20'(9) 400 sf/ 9,000 sf 75' 30' 5'(a) 6-M 4 d.u. Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'°) 150)(f) 20' ' All other uses 35' 40% 9,000 sf 75,(k) 30' 5' 10 (a) Side yard setback shall be five (5) feet FOR ONE STORY, TEN (10) FEET FOR TWO STORIES, FIFTEEN (15) FEET FOR THREE STORIES-pep--to:y e*eept. Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) 0) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Rear yards for building which exceed two (2) stores shall be increased five (5) feet for each additional story over two (2) stories. (k) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (1) Reserved. NOTE: The requirements of section 26-120(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: (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 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three District (R-3) is hereby amended to read as follows: Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. GED\53027\384393.01 B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (g) Area Width Setback Setback'" Setback(b) One-family dwelling 35' 40% 7,500 sf 60"" 30"a) 5' 10' ' Two-family dwelling 35' 40% 9,000 sf 7510 30'(`) 5' 10 " ' Multifamily (3 or more dwelling 35' 40% 12,500 100' 30' 15"a) 15'-08 a units) sf(d) Group home 35' 40% 9,000 sf 75' 30'10 5' 10' ' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(`~ 5' 5 per unit Private storage shed 20'") 400 sf/ 9,000 sf 75' 30 5'~a~ ~a~ 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(b) 15'1a1(h) 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'01 30'(0 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A District (R-3A) is hereby amended to read as follows: GED\53027\384393.01 6 Sec. 26-212 Residential-Three A District (R-3A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'0' Area Width Setback Setback"" Setback'"' One-family dwelling 35' 40% 7,500 sf 60"" 30"" 5' 10' Two-family dwelling 35' 40% 9,000 sf 75"" 30"" 5' 10' Multifamily (3+ dwelling units) 35' 40% 12,500 100' 30' 15"') 15'44&('' sf() Group home 35' 40% 9,000 sf 75' 30"°' 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"" 5' per unit Private storage shed 2010 400 sf/ 9,000 sf 75' 30' 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30"h' 15,WN 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 600" 30"" 15"a' 10' (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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). GED\53027\384393.01 7 Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks" is amended by the addition of a new subsection; the entire section, as amended, to read as follows: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. IN RESIDENTIAL ZONE DISTRICTS, ENCROACHMENTS into required setback areas shall not be permitted except as follows: Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 3. Chimneys. Chimneys may project into a required front, side or rear yard nat more than twe (2)-feet, provided the width of such yard is not reduced to less than FIVE (5) three (3) feet. 4. Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than FIVE (5) three (3) feet. B. IN COMMERCIAL, AGRICULTURAL AND INDUSTRIAL ZONE DISTRICTS, ENCROACHMENTS INTO REQUIRED SETBACK AREAS SHALL NOT BE PERMITTED EXCEPT AS FOLLOWS: PORCHES, PATIOS, DECKS AND BALCONIES. PORCHES, PATIOS, DECKS AND BALCONIES WHICH ARE OPEN ON AT LEAST TWO (2) SIDES MAY ENCROACH INTO A FRONT SETBACK UP TO EIGHT FEET OR INTO A SIDE OR REAR YARD A MAXIMUM OF ONE-THIRD THE DISTANCE TO THE CLOSEST PROPERTY LINE. NO SIDE OR REAR YARD ENCROACHMENT IS PERMITTED WHEN ABUTTING RESIDENTIALLY ZONED PROPERTY. 2. ARCHITECTURAL FEATURES. CORNICES, EAVE BELTCOURSES, SILLS, CANOPIES OR OTHER SIMILAR ARCHITECTURAL FEATURES, INCLUDING BAY WINDOWS, MAY EXTEND OR PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN THIRTY (30) INCHES. 3. CHIMNEYS. CHIMNEYS MAY PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN TWO (2) FEET, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. 4. FIRE ESCAPES, OPEN STAIRWAYS. A FIRE ESCAPE OR OPEN STAIRWAY MAY EXTEND INTO ANY FRONT, SIDE OR REAR YARD, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. GED\53027\384393.01 8 CS. If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. Section 9. 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 10. Severability• Conflictinu 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 11. 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 , 2001, 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 , 2001, 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 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk GED\53027\384393.01 9 Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\384393.01 10 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on September 20, 2001 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-01-02: An ordinance amending Sections 26-206, 26-207, 26-208, 26- 209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: September 7, 2001 Wheat Ridge Transcript CdK athy\PCRPTS\PLANGCO W UBHRG\010920pub2. wpd It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the consideration of a request for a subdivision plat for property located at 4240 Kipling Street be continued to October 18, 2001. The motion passed unanimously. B. Case No. ZOA-01-03 (continued from August 16,2001): An ordinance amending Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the Zoning and Development Code. The staff report was presented by Alan White. Chair McNAMEE requested that some of the "legalese" be removed from the ordinance. It was moved by Commissioner COLLINS and seconded by Commissioner COOPER that Case No. ZOA-01-03 be forwarded to City Council with a recommendation of approval with the following amendments: 1. In paragraph A, fourth line, the words "of said" be removed and in the fifth line the word "the" be changed to "these" and the word "hereof' be removed. 2. In paragraph C, the last word "hereof' be removed. The motion passed unanimously. 8. OLD BUSINESS A. Case No. ZOA-01-02 - An ordinance amending Sections 26-206, 26-207, 26-208, 26- 209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Alan White presented the staff report. There was discussion about commercial requirements. Commissioner SNOW expressed concern about the possible situation of having a deck on a commercial establishment next to a residential property. Alan White stated that, since this matter was not continued at the last meeting, it would be necessary to bring this case to a public hearing at the next Planning Commission meeting. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that Case No. ZOA-01-02 be scheduled for public hearing with the following amendment: in Section 26-611 (b) the following words be added: "provided, however, that no encroachment to side or rear yard is allowed when adjacent to a residentially zoned property." The motion passed unanimously. B. Clear Creek Zoning - Commissioner Collins asked about the status of rezoning along Clear Creek. Alan White stated that a legal description needs to be prepared before an ordinance can be drafted. Planning Commission Page 5 September 6, 2001 WHCAT City of Wheat Ridge _ Po Planning and Development Department m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setbacks DATE: August 24, 2001 Attached is the ordinance making changes to the side yard setbacks in the residential zone districts and the section on setback exceptions. C:\MyFiles\WPFiles\Projeems oning amendmenks\res setbacks.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2001 TITLE: AN ORDINANCE AMENDING SECTIONS 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212 AND 26-611 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REQUIRED SETBACKS FOR RESIDENTIAL STRUCTURES AND EXCEPTIONS THERETO. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to amend to development standards in individual zone districts pertaining to setbacks; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws, Section 26-206 Residential-One A District (R-1A) is hereby amended to read as follows: Sec. 26-206 Residential-One A District (R-1 A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height - Coverages"' Areal WidthOl Setback Setback"' Setback(b) One-family dwelling 35' 30% 9,000 sf 75' 30'(`) 10's-(d) 15' Group home 35' 30% 9,000 sf 75' 30'16 101& (d) 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'") 5' 5' Private storage shed 20"0' 400 sf 9,000 sf 75' 30' 5'(') 5"e) Churches, schools, government and quasi-government build- ings, golf courses 35' 30% 1 acre 200' 30"d 150)(f) 20' All other uses 35' 30% 9,000 sf 75' 30".) 5'(d) 15' GED\53027\384393.01 (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE OR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. A total a! en (I ` `e side yard sethask for eveFy individual 19t 104th R FAinimum Af five (51 feet on one (1) q de. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen 05) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Section 2. Wheat Ridge Code of Laws, Section 26-207 Residential-One B District (R-1 B) is hereby amended to read as follows: Sec. 26-207 Residential-One B District (R-1 B). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: One-family dwelling Group home Detached garage or carport Private storage shed Churches, schools, government and quasi-government build- ings, golf courses All other uses Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coveragelhl Area Widthg1 Setback Setback' Setback(b) 35' 40% 7,500 sf 60' 30'(c) r(d) 10' 35' 40% 7,500 sf 60' 30'(c) E' (d) 10' 20' 600 sf 7,500 sf 60' 30"c) 5' 5' 20'(9) 400 sf 7,500 sf 60' 30' 5'(') 5'(c) 35' 40% 1 acre 200' 30'01 15'0101 20' 35' 40% 9,000 sf 60' 30'(c) 5'(d) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten 00) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen 05) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) GED\53027\384393.01 2 (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 3. Wheat Ridge Code of Laws, Section 26-208 Residential-One C District (R-1 C) is hereby amended to read as follows: Sec. 26-208 Residential-One C District (R-1 C). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(B) Area Width Setback Setbackl" Setback(b) One-family dwelling 35' `40% 5,000 sf 50' - 30'(°' 8'10 10' Group home 35' 40% 5,000 sf 50' 30'(c) Bit.) 10' Detached garage or carport 20' 600 sf 5,000 sf 50' 30'(" 5' 10' Private storage shed 20'f9 400 sf 5,000 sf 50' 30' Vd) 5'(d) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'" 15'(h) 20' All other uses 35' 40% 5,000 sf 50' 30'(cl 5-M 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) FOR ONE STORY, 5 FEET. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. Minimurn and (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 4. Wheat Ridge Code of Laws, Section 26-209 Residential-Two District (R-2) is hereby amended to read as follows: Sec. 26-209 Residential-Two District (R-2). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: GED\53027\384393.01 - 3 Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage IN Area Width''' Setback SetbacOl SetbackN One-family dwelling 35' 40% 9,000 sf 75'(i~ 30'(c) 5'(d) 10' ' Two-family dwelling 35' 40% 12,500 100' 30'(c) Vd) 10 sf Group home 35' 40% 9,000 sf 75' 30'(c) r(d) 10' ' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(cl 5' 5 per unit Private storage shed 20'(91 400 sf 9,000 sf 75' 30' 5'~°~ Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'x" 15")(f) 20' All other uses 35' -40% 9,000 sf 75' 30(d 5-fa) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) FOR ONE STORY, A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. FOR TWO STORIES, 10 FEET. FOR THREE STORIES, 15 FEET. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. Section 5. Wheat Ridge Code of Laws, Section 26-210 Residential-Two A District (R-2A) is hereby amended to read as follows: Sec. 26-210 Residential-Two A District (R-2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage IN Area Width Setback Setbacks Setback IbI One-family dwelling 35' 40% 7,500 sf 60'0d 30'") rr1°) 10' Two-family dwelling 35' 40% 9,000 sf 75-W 30"c) b'l°) 10' Multifamily (31more dwelling 35' 40% 13,050 100' 30' 10'ii) units) sf(d) Group home 35' 40% 9,000 sf 75' 30' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"c) 5' -5' (per unit) Private storage shed 20'(9) 400 sf/ 9,000 sf 75' 30' 5'(°) 5'(°) 4 d.u. GED\53027\384393.01 4 Minimum Maximum Minimum Minimum Front Minimum Maximum Building Lot Lot Yard Side Yard Height Coverage (h) Area Width Setback Setback Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'10 15'°1°) All other uses 35' 40% 9,000 sf 75'(k) 30' 5' (a) Side yard setback shall be five (5) feet FOR ONE STORY, TEN (10) FEET FOR TWO STORIES, FIFTEEN (15) FEET FOR THREE STORIES nr_r c:^ *eept. Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten 0 0) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Rear yards for building which exceed two (2) stores shall be increased five (5) feet for each additional story over two (2) stories. (k) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (1) Reserved. - NOTE: The requirements of section 26-120(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: (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 6. Wheat Ridge Code of Laws, Section 26-211 Residential-Three District (R-3) is hereby amended to read as follows: Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. Minimum Rear Yard SetbackN 20' 10' GED\53027\384393.01 B. Development Standards: Minimum - Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage'e1 Area Width Setback Setback'') Setback'b' One-family dwelling 35' 40% 7,500 sf 60'61 30"') 5' 10' Two-family dwelling 35' 40% 9,000 sf 75'11 30"') 5' 10' Multifamily (3 or more dwelling 35' 40% 12,500 100' 30' 15'x') 15'48-(') units) sf(m Group home 35' 40% 9,000 sf 75' 30'(c) 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'(c) 5' 5' per unit Private storage shed 20'(f) 400 sf/ 9,000 sf 75' 30' 5"" 5'(c~ 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(h~ 15,W(h) 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'0) 30'(c) 5' 10' (a) Side and rear yard setback shall be fifteen 0 5) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) M Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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 7. Wheat Ridge Code of Laws, Section 26-212 Residential-Three A District (R-3A) is hereby amended to read as follows: Sec. 26-212 Residential-Three A District (R-3A). GED\53027\384393.01 6 A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage1g1 Area Width Setback Setback"" Setback (b) One-family dwelling 35' 40% 7,500 sf 60'01 30"" 5' 10' ' Two-family dwelling 35' 40% 9,000 at 75'11 30''" 5' 10 Multifamily (3+ dwelling units) 35' 40% 12,500 100' 30' 15'(') 15'-1-0'-"' sf'm Group home 35' 40% 9,000 sf 75' 30"°' 5' 10' ' Detached garage or carport 20' 600 sf 9,000 sf 75' 30"" 5' 5 per unit Private storage shed 20111 400 at/ 9,000 all 75' 30 5'(') 5'"' 4 d.u. Churches, schools, government 35' 40% 1 acre 200' 30'(h) 15'""h) 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 9,000 sf 60'11 30"°' 15'(e) 10' (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (as) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de- sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve 0 2) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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). GED\53027\384393.01 Section 8. Wheat Ridge Code of Laws, Section 26-611 "Building Setbacks" is amended by the addition of a new subsection; the entire section, as amended, to read as follows: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. IN RESIDENTIAL ZONE DISTRICTS, ENCROACHMENTS into required setback areas shall not be permitted except as follows: Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 2. Architectural features. Cornices, eaves, beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN FIVE (5) FEET. 3. Chimneys. Chimneys may project into a required front, side or rear yard net mere than two (2)-~, provided the width of such yard is not reduced to less than FIVE (5) three (3) feet. 4. Fire escapes, open stairways. A fire escape or open stairway may extend into any front, side or rear yard, provided the width of such yard is not reduced to less than FIVE (5) three (3) feet. B. IN COMMERCIAL, AGRICULTURAL AND INDUSTRIAL ZONE DISTRICTS, ENCROACHMENTS INTO REQUIRED SETBACK AREAS SHALL NOT BE PERMITTED EXCEPT AS FOLLOWS: PORCHES, PATIOS, DECKS AND BALCONIES. PORCHES, PATIOS, DECKS AND BALCONIES WHICH ARE OPEN ON AT LEAST TWO (2) SIDES MAY ENCROACH INTO A FRONT SETBACK UP TO EIGHT FEET OR INTO A SIDE OR REAR YARD A MAXIMUM OF ONE-THIRD THE DISTANCE TO THE CLOSEST PROPERTY LINE. 2. ARCHITECTURAL FEATURES. CORNICES, EAVE BELTCOURSES, SILLS, CANOPIES OR OTHER SIMILAR ARCHITECTURAL FEATURES, INCLUDING BAY WINDOWS, MAY EXTEND OR PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN THIRTY (30) INCHES. 3. CHIMNEYS. CHIMNEYS MAY PROJECT INTO A REQUIRED FRONT, SIDE OR REAR YARD NOT MORE THAN TWO (2) FEET, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. 4. FIRE ESCAPES, OPEN STAIRWAYS. A FIRE ESCAPE OR OPEN STAIRWAY MAY EXTEND INTO ANY FRONT, SIDE OR REAR YARD, PROVIDED THE WIDTH OF SUCH YARD IS NOT REDUCED TO LESS THAN THREE (3) FEET. GED\53027\384393.01 CR. If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. Section 9. 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 10. 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 11. 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 , 2001, 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 , 2001, 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 2001. SIGNED by the Mayor on this day of 2001. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk GED\53027\384393.01 9 Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\384393.01 10 PUBLIC HEARING SPEAKERS' LIST CASE NO: Case No. ZOA-01-02 DATE: August 16, 2001 REQUEST: An ordinance amending Sections 26-205, 26-206, 26-207, 26-208, 26-209, 26-210, 26-211,26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. (Please Print) e:/planning/forms/phroster.frm NAME ADDRESS PHONE IN FAVOR OPPOSED PUBLIC HEARING A. Case No. ZOA-01-02: - An ordinance amending Sections 26-205, 26-206, 26- 207, 26-208, 26-209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Commissioner SNOW commented that the 5-foot setback should apply to all residential zones and not commercial zones. Alan White explained that it is covered in Section 26- 611. Commissioner WEISZ commented that Section 26-611 doesn't state whether it pertains to residential or commercial. Alan White asked if it was their intent to change Section 26-611 to differentiate between residential and commercial. Alan White referred to the staff report where he outlined some of the difficulties the inspectors are going to have in the field, especially with the eaves. Alan stated that eaves are typically not shown on plans submitted for building permits. He also stated that staff can make people start showing them, but it is going to be hard to measure in the field and staff is not going to know until the roof framing goes on. If they are at that point in construction and they are off in their measurements, then they will need to fix it or ask for a variance. Commissioner SNOW asked if there was anything on the building permit that would give somebody the idea that they don't have to show some parts of the building. She also asked how it is harder for the building inspector to measure from a window seat than from a wall. Alan answered that generally they will show those types of details, but changes may occur as construction happens. Commissioner BRINKMAN asked for clarification on how a footprint is defined. Alan White answered that it is basically the outside of the wall. For example: a deck is considered part of the footprint and needs to be shown on plans. The Commissioner asked why the footprint couldn't be expanded to the outside measurement of the building versus the foundation. Alan answered, that generally those features are shown, decks, bay windows, a poured concrete slab patio, and fireplaces that extend out. The issue is measuring an eave out in the field. The exception is 30 inches; standard construction is 1-2 feet. Commissioner COLLINS commented that when purchasing a home, it is square footage you are buying. He noted that he was against changing it (setbacks) before. Planning Commission Page 2 August 16, 2001 Commissioner THOMPSON asked if this ordinance would cause patios, decks, bay windows, etc., to be too close like the homes located at 38" & Kipling (Cambridge) that are within feet of each other. She stated that as much distance as possible needs to be maintained between structures including eaves. She also asked if there is any way the ordinance could be written that no portion of the building shall encroach within the setback. It makes no difference if it is a bay window, a chimney, an eave, etc. Alan White commented that Cambridge was unique for the fact that it was a 100-lot subdivision and those will be raze in the City due to the lack of large vacant parcels. Staff is dealing with individual builders and sometimes citizens who are acting as their own contractor. He also predicted that with this ordinance we should expect a lot of variance cases. Commissioner THOMPSON stated that if we have a setback then nothing should encroach in that setback and maybe we need to have a larger setback. Alan White commented that not permitting a row of bricks to encroach into a setback only an inch or two is ridiculous. Commissioner COOPER asked whether setbacks was a considerable issue or not. Alan White replied that direction was given by Council when they adopted Chapter 26 (Zoning Code). The Commissioner then asked how did the problem come to them (Council). Alan White replied that it was brought up at the hearing that residential setbacks needed to be looked at and changes needed to be made. Wheat Ridge United Neighbors made that recommendation at the hearing. Alan White asked if the intent was that on every side yard setback that is listed in the charts to replace what is there with 5 feet per story. In R-1 A, as it is written now, you have to have 15 feet total side yard setback with a minimum of 5 feet on one side. You can split that up to have 7 '/z feet on each side or 5 feet on one and 10 feet on the other. If you use the 5 feet per story and somebody puts up a one-story building, you are lessening the setback to a total of 10 feet rather than 15 feet. Commissioner SNOW suggested that they needed to narrow down what zone districts it should apply to. Commissioner COLLINS stated that the issue seems to be having a two-story building built next to a one-story building with only 5 feet between and the two-story dwarfing or overpowering the one-story and blocking it of light and air. Or three stories. Commissioner BRINKMAN suggested adding a footnote stating that for new construction, 5 feet per additional story with all stories meeting the farthest required Planning Commission Page 3 August 16, 2001 setback and the language would read with the footprint starting on the farthest setback. Footnote D would still apply; but for every story after the first story setback, an additional 5 feet would apply to the original setback and the house footprint must be fixed at the farthest setback from the property. Alan White asked for clarification. After further discussion, Commissioner BRINKMAN suggested adding 5 feet total for every additional story, so that one side stays fixed while the other side moves in 5 feet for each additional story. Commissioner COLLINS suggested the City of Denver's method of using bulk plane where you can go from either property line 5 feet then use a 45 degree angle for 2nd or 3' stories for the setback. Commissioner SNOW commented the setback may need to be different for every zone district. For example: for a one-story building, the combined side yard setback is 15 feet with no less 5 feet on one side and 10 feet on the other; in the event of a two-story, no less than 10 feet on any one side. In the event of a three-story, no less than 15 feet. There is no change to first story. Alan White commented that if there is a 20-foot separation between houses, what does it matter if a bay window extends 6 inches into the setback. Louise Turner 11256 W. 38`h Ave. Commissioner MCNAMEE reminded Ms. Turner that she was sworn in from the last meeting. Ms. Turner requested on behalf of Wheat Ridge United Neighborhoods that space be kept between and around buildings which adds to the quality of life. This was requested many times during the Comprehensive Plan that people wanted to preserve the "openness" that had been characteristic of Wheat Ridge and it included the space between buildings, the enforcement of setbacks, and bringing setbacks back into conformance with the plan recommendations. The motion recommended is in all zone districts regarding side and rear yard setbacks for single family homes and duplexes for which there is no such provision now, the stated setbacks apply to the first story and there should be an additional 5 feet setback per additional story. The challenge is to keep this reasonable space between the buildings without infringing on the individual existing owner's property rights; therefore, this shall apply to all new construction and "scrape- offs". It could also be made to apply to the purchase of existing property after the passing of this ordinance. Regarding the exceptions to building setbacks (Sec. 26-611), she asked that items 1-4 be deleted and replaced with the following wording: "building setbacks shall be measured at right angles from the property line to the outermost wall or extending architectural feature with the exception of the roof. Other encroachments into Planning Commission Page 4 August 16, 2001 required setback areas shall not be permitted except by a variance granted by the Board of Adjustment." Commissioner SNOW suggested adding to the language under "Building Setbacks" Sec. 26-611 that after such encroachment (by fireplace, bay window, porch or patios, etc.), the setback cannot be less than 5 feet. Commissioner THOMPSON commented that she considered porches, patios and decks to be living areas while a fireplace chimney is not; and she did not believe any living space should be closer than 5 feet. She also commented that a large bay window could also be considered a living space. Commissioner SNOW stated that a chimney encroachment would decrease the amount of space between houses and could cause fires from flying sparks. Alan White stated that fire code requires that chimneys be no closer than 3 feet. Alan White asked for clarification regarding rear yard setbacks in relation to adding stories. (Chair McNAMEE declared a recess at 8:55 p.m. The meeting was reconvened at 9:10 P.M.) It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that in all residential zone districts which do not now have larger setback requirements then the following applies: no two-story residential structure will be any closer than ten (10) feet to either a side or rear yard property line and no three-story residential structure will be any closer than fifteen (15) feet to either a side or rear yard property line. The motion passed unanimously. There was discussion about discrepancies between the chart and the footnotes for R-3 and R-3A zone districts. It was moved by Commissioner SNOW and seconded by Commissioner THOMPSON that in the R-3 zone district the chart match the language in footnote A to provide that side and rear yard setbacks shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. The motion passed unanimously. It was moved by Commissioner COOPER and seconded by Commissioner SNOW that in the R-3A zone district that the chart match the language in footnote A to provide that side Planning Commission Page 5 August 16, 2001 and rear yard setbacks shall be fifteen feet for the first two stories and an additional five feet for each additional story over two stories. The motion passed unanimously. B. Case No. ZOA-01-03 - An ordinance amending Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the Zoning and Development Code. Alan White presented the staff report for this case. Commissioner SNOW suggested that no.1 and no. 2 be combined and reference be made to "approval or denial." Commissioner BRINKMAN requested clarification of wording to make it understood that the applicant must abide by the decision of the authority having final jurisdiction in the case. Commissioner THOMPSON requested that a typo be corrected in item no. 7 to read "....structures or land is contrary to........." Commissioner SNOW requested that construction without acquiring a building permit should be addressed. Commissioner THOMPSON questioned whether or not changing the character of a waterway, such as a wetland area, is addressed. Alan White suggested that under no. 3, wording should be added that would say "as approved by the planning and development department or the public works department" in regard to grading permits, fill permits, etc. The Class I flood plain permit should also be under public works. Commissioner WEISZ suggested that toward the end of no. 7, it should read "subparagraphs 1 through 6." Alan White suggested that the sentence beginning, "The Director of Planning and Development is authorized......" should be listed as paragraph C. Also "provisions, standards or requirements" should be included in all subparagraphs. It was moved by Commissioner SNOW and seconded by Commissioner WEISZ, that since many changes have been made during this meeting that could not be encompassed in a clear motion at this time, this matter be continued to the meeting of September 6, 2001, in order for the staff to prepare a rewritten ordinance. The motion passed unanimously. Planning Commission Page 6 August 16, 2001 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on August 16, 2001 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. ZOA-01-02: An ordinance amending Sections 26-205, 26-206, 26-207, 26- 208, 26-209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Case No. ZOA-01-03: An ordinance amending Section 26-1004 of the Wheat Ridge Code of Laws pertaining to violations of the Zoning and Development Code. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: August 3, 2001 Wheat Ridge Transcript Q\Kathy\PCRPTS\PLANGCOMNOBRRG\010816pub.wpd OF WHEAT City of Wheat Ridge ~o Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setback Standards DATE: August 8, 2001 At the July 19`h Planning Commission meeting when this subject was discussed, the Commission gave the following direction: ■ Change the R-IA side setback to 10'. ■ In Section 26-611 (Setback Exceptions), include language that permits all exceptions up to a minimum of 5' from the property line. ■ In all zone districts, require side and rear setbacks of 5' per story for scrape-offs or new construction, but pop-tops and additions can build in line (either vertically or horizontally) with existing setbacks. Pop-tops or additions built in line would be limited to two stories. ■ Recommend changes to the inconsistencies between the chart and footnotes in the R-3 and R-3A districts. Staff Comments Although this case is scheduled as a public hearing, staff is requesting further discussion. The setback exceptions in Section 26-611 are fairly typical of other jurisdictions and they have been in the Wheat Ridge Zoning Code for a number of years. This section applies to all zone districts, not just residential districts. Making the requested change will create innumerable non- conforming structures. Non-conforming structures (except single and two-family structures) cannot be enlarged or altered. Under the new regulation, a commercial structure with a cornice extending to within 4' of a property line could not be enlarged. Is this what the Commission intends? Furthermore, in some instances a commercial structure can have a zero side yard setback. A commercial structure with no architectural detailing can be located at the side lot line, but a building with some cornice detailing has to be set back 5' as measured from the cornice. This doesn't seem to make sense. Page 1 of 3 Staff would recommend again that these exceptions not be changed for several reasons: 1) Implementing the regulation will require greater detail in the information required for a building permit. Currently, an applicant must show only the building footprint. This regulation will require overhangs, beltcourses, or bay windows to be shown. This will require additional time for the applicant to provide this information and for staff to review it. 2) Some of these features are difficult to measure out in the field; overhangs being the best example. 3) When violations are discovered in the field (due to homeowners changing their mind about a window and the builder installing it), the only remedies are tearing out the offending feature or applying for a variance. The variance caseload will increase. Do we really want to require a variance for a bay window to extend 9" into a required 5' setback? 4) The preparation of an improvement location certificate (ILC) required for a certificate of occupancy will involve additional work by a surveyor and additional cost to the homeowner. 5) Is it the intent to let porches and decks encroach to within 5' of a property line? The existing language provides a more stringent standard. At a minimum, staff recommends to keep the exceptions for eaves and porches, decks, patios and balconies as currently written. While changing the setback requirement to the 57story standard sounds easy, it is difficult to write and make clearly understood. Regulations should be simple so that they are easy to understand, explain and administer. Adding this requirement will create a confusing set of setback standards. For example, the change would be implemented by adding a footnote to the development standards chart for R-IA as follows: For new construction, the setback is 10 feet or S feet per story, whichever is greater. For additions, either ground level or second story, the required setback is the setback of the existing structure or the required minimum of IO feet, whichever is smaller. What is the setback for a two-story addition to an existing one story structure situated 7' from the side lot line in the R-113 zone district? If you can answer this question, we'll sign you up to do volunteer work answering setback questions at the front counter. The new 57story standard would have applied to exactly ONE new residential structure if it had been implemented at the time the new Chapter 26 was adopted. That is the magnitude of the impact this new standard is likely to have. We simply do not have the large, vacant parcels of land where hundreds of new homes will be built. We will more likely have remodels, additions and pop-tops to which the new regulation won't apply. This seems to be a lot of expended energy for little gain. The information you were presented as to the number of variances granted by the Board of Adjustment appears to be dated. Last year, the BOA heard 6 setback variance requests. Five were approved. Generally, the approved requests involved garages and corner or irregularly shaped lots. This year, five setback variance applications have been submitted. One was Page 2 of 3 withdrawn, two were approved and two were denied. Six of eight BOA meetings this year have been canceled due to lack of any cases to hear. Staff Recommendations: Change the R-IA side setback to 10'. Do not change any other setback requirement except as noted below. Do not change any of the setback exceptions. The setbacks for multi-family uses in the development standards charts for the R-3 and R-3A zone districts should be changed to reflect what is stated in the footnotes; 15' rear yard setback in R-3, 10' side setback in R-3A. The only difference in the R-3 and R-3A zone districts is the allowable density: 12 units/acre in R-3 and 11 units/acre in R-3A. There are three parcels zoned R-3A in the City. This zone district should be eliminated and the three parcels zoned R-3. Q\MyFiles\WPFiles\CODE\res setback recs PC.wpd Page 3 of 3 section: benches, picnic tables and shelters; and wildlife observation decks and platforms not to include boat docks. Further, under C. Prohibited Uses: Change the language to read: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. The motion passed 6-0 with Commissioner THOMPSON and MILLER absent. Commissioner COOPER offered a friendly amendment to the original motion by Commissioner COLLINS that language be added under G. Additional Requirements, (a) as follows: within a Conservation District exceptfor noxious weeds as defined in state statutes. The amendment was accepted by Commissioners COLLINS and SNOW. The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS A. Discussion of Residential Setback Standards (ZOA-01-02) Alan White presented this matter and reviewed the staff report of June 14, 2001, regarding changes recommended by the Wheat Ridge United Neighborhoods to revise the required minimum side and rear yard setbacks in the residential zone districts; and to eliminate the exceptions to setbacks in Section 26-611. It was the recommendation of staff that the residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be consistent among the same uses in different zone districts; that the five-feet per story additional setback should be used sparingly; and that the setback exceptions should remain. Commissioner SNOW stated that she did not believe any side yard setbacks should ever be less than five feet. Chair McNAMEE stated her opinion that front porches which are not enclosed should be allowed to encroach into a setback. She expressed concern that the R-1 C zone district has smaller lots and severe setback restrictions would make it impossible for homeowners to expand their houses. Commissioner BRINKMAN stated she would not have a problem with more restrictive setbacks for new construction and less restrictive setbacks for a "pop-top" to an existing structure. Alan White commented that he would interpret the provision allowing an addition to be built in-line with the existing wall to mean vertically as well as horizontally. Planning Commission Page 3 July 19, 2001 In response to a question from Chair McNAMEE, Alan White explained that the proposed setback regulations would, for example, prevent the addition of a chimney on an existing structure if it would encroach into the setback. Commissioner WEISZ stated that she was in agreement with the five-foot setback requirement. Commissioner SNOW commented that citizens would still have the option to go before the Board of Adjustment. Commissioner COLLINS stated that he believed the current regulations were sufficient and should not be changed. These seem to be the norm in other communities. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the planning director bring back an ordinance that provides all building setbacks to be no less than five feet. Louise Turner addressed the Commission to request approval of the WRUN setback guidelines to preserve the quality of life of individuals and character of Wheat Ridge. She expressed concern about small setbacks between tall houses as well as certain architectural features such as porches, chimneys, etc., being allowed to encroach into setbacks. She was also concerned about fire accessibility when there are small setbacks and no alleyways. She proposed the following motion: "In all residential zone districts regarding side and rear yard setbacks for single family homes and duplexes for which there is already not such a provision that there be an additional five feet for each additional story." She further proposed that the four exceptions listed under Section 26-611 A, be totally deleted and replaced with: "Building setbacks shall be measured at right angles from the property line to the outermost wall or extending architectural feature with the exception of the roof overhang which is limited to two feet. Othei encroachment into the required setback areas shall not be permitted except by variance granted by the Board of Adjustment. Numbers one through four are hereby deleted." She suggested that variances be limited to 10%. She also suggested that the Commissioners take a look at the log of variances that have been granted. She would also like to see all variances go before the Board of Adjustment including those currently granted administratively as well as by City Council and Planning Commission. Chair McNAMEE stated that limiting all variances to 10% could be detrimental in some cases such as someone wanting to encroach into a 30-foot setback to build a front porch on their home. A vote was taken on the motion. The motion passed by a vote of 4-2 with Commissioners McNAMEE and COLLINS voting no and Commissioners THOMPSON and MILLER absent. Chair McNAMEE expressed concern about having a five-foot setback requirement for those large lots included in the R-lA zone district. Planning Commission Page 4 July 19, 2001 It was moved by Commissioner SNOW and seconded by Commissioner WEISZ that side yard setbacks in the R-1A zone district be changed from five feet to ten feet. The motion passed 6-0 with Commissioners THOMPSON and MILLER absent. There was a consensus to have staff bring back language that would differentiate between "pop-tops" and new construction in relation to the five-foot setback requirement for each story. There was also consensus to clarify the charts and footnotes for the R-3 and R-3A districts. L (Commissioner SNOW left the meeting at 9:05 p.m.) B. TCBY Property at 41st and Wadsworth Commissioner BRINKMAN inquired about the status of the TCBY property and asked if Open Space funds would be used to acquire the property. Alan White explained that Open Space funds have been applied for to acquire this piece of land which would be used to expand the Town Center Park. Commissioner BRINKMAN expressed concern that 41st would go through parkland property. Mr. White explained that the street would only affect a corner of the property and other funds would be needed to acquire the piece affected by the new entrance. 10. COMMISSION REPORTS A. Economic Development Commission - Chair McNAMEE reported that the Economic Development Commission did not hold meetings during June or July. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner COOPER to adjourn the meeting at 9:15 p.m. A[ W /1U1 MARIAN McNAMEE, Chair ~.~%/,vtc-~ O ULv Ann Lazzeri, Recordi Se •etary Planning Commission July 19, 2001 Page 5 of wHEgrP City of Wheat Ridge o Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 61 SUBJECT: Residential Setbacks DATE: June 14, 2001 At the Council hearings held on the adoption of Chapter 26, two recommendations for changes were made by Wheat Ridge United Neighborhoods: 1) revise the required minimum side and rear setbacks in the residential zone districts and 2) eliminate the exceptions to setbacks in Section 26- 611. Council directed staff to work with Planning Commission to review WRUN's recommendations and propose any Code changes. WRUN's recommendations are attached. Two recommendations are not discussed. Council decided that no changes should be made to the way variances are handled. No direction was given to address the Public Facilities height regulations. WRUN's Recommendation WRUN's recommendation is to require an additional five feet for the side and rear setbacks for each story above the first story for single family homes and duplexes in all residential zone districts. Some form of this requirement is currently in place for some, not all, yards in the R-1 C, R-2A, R-3 and R-3A zone districts. The Current Requirements All of the development standards in the newly adopted Chapter 26 are as they were in the previous version of Chapter 26. No changes were made to any of the setback, lot size, lot width, building coverage, or height requirements in any of the zone districts. The setbacks required in the residential zone districts are shown in the following chart. Minimum lot widths are also shown since they will be an item of discussion later in this memorandum. -1- Residential Setback Requirements Zone District Side Setback * Rear Setback * Lot Width R-1 Single Family 15' 15' 100' R-lA Single Family ~5'jfp~-as; 15' 75' R-1B Single Family 15' total 2 sides 10' 60' R-1C Single Family 57story 10' 50' R-2 Single Family 15' total 2 sides 10' 75' Duplex 15' total 2 sides 10' 100' R-2A Single Family 57story 10' 60'(80' corner lot) Duplex 57story 10' 75'(80' corner lot) Multi-Family T/story 10' 5'/story > 2) 100' R-3 Single Family 5' 10' 60' (80' corner lot) Duplex 5' 10' 75'(80' corner lot) Multi-Family 15' 57story > 2) 10'(+ 57story >2) 100' R-3A Single Family 5' 10' 60'(80' corner lot) Duplex 5' 10' 75'(80' corner lot) Multi-Family 15'(+ 57story > 2) 10' (+5'/story > 2) 100' * The setback is increased to 30' when adjacent to a public street. Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart. Staff Analysis The existing required side and rear yard setbacks are fairly standard and workable for the R-1 zone district. Lots are required to be 100' minimum in width. The 15' setback results in homes being at least 30 feet apart. The side setback decreases to Yin R-IA, but then increases as the required lot sizes and lot widths decrease. The following setbacks would be required of a two-story single family house in each of the zone districts: 15' in R-1, 5' in R-lA, 7-%' in R-113 (assuming equal -2- setbacks for each side yard) and Win R-1C. This scheme of setback requirements runs counter to what would seem logical: as lot sizes and widths decrease, so should setback requirements. Our setbacks increase as the lot size and width decrease. WRUN's recommendation of the additional 5' per story setback is proposed for single family and duplex structures in all residential zone districts. The current required setbacks are proposed for the first story, with the T per story additional setback applied to this "base" setback. This would mean a two story single family home would have the following side setbacks: 20' in R-1, Win R-IA, 12- /2' in R-113, Win R-1C, 12-%2' in R-2, and 10' in R-2A, R-3 and R-3A. Under this scheme, the setbacks for R-113 and R-2 seem out of line. Adding the requirement of an additional setback of 5' per story increases the setback requirement for the smaller and narrower lots, making it difficult to build a modem home on a small lot where the only option to increase square footage is to go up. A two story single family house in the R-1C zone district requires side setbacks of 10' each, leaving room on a 50'-wide lot for a 30'-wide home. Part of the concern in WRUN's letter presumably deals with "pop-tops" where a second floor is added to a single story structure. There is one setback exception in the Code that addresses this situation. Section 26-120 (C) deals with nonconforming structures and permits enlargements and alterations to non-conforming one- and two-family structures (those not meeting the setback requirements) as long as the lot coverage requirement is met and as long as the enlargement or alteration does not encroach beyond the existing setback line. "Pop-tops" wouldn't be affected by the proposed 5' per story additional setback because this exception permits building in line with the existing outer wall of the structure. The exceptions to setbacks are found in Section 26-611 (A). The items listed are those exceptions to setbacks allowed by the Code. Most of the exceptions are minor and create more of an inconvenience for an owner than an impact on any neighbor. One concept of New Urbanism is to move porches closer to the street, not farther away. Deleting this exception would require the front edge of a porch to be located 30' from the property line. The new urbanists would be appalled. The exceptions are characterized as variances, but there is no administrative variance process involved. They are simply permitted exceptions to the setback requirements. These exceptions are fairly typical of other jurisdictions. The side and rear setback requirements for multi-family buildings in the R-3 and R-3A districts need to be clarified. The language of footnote (a) does not correspond with the setbacks shown in the chart. In the R-3 district, the footnote requires a minimum of 15' side and rear setbacks for the first two stories and an additional 5' per story for each additional story. The chart shows that the minimum rear yard setback is 10'. Similarly, in R-3A the footnote states that the side setback is 10', but the chart shows 15'. Staff Recommendations The residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be consistent among the same uses in different zone districts. The 5' per story additional setback should be used sparingly. The setback exceptions should remain. -3- 400 Sec. 26-205 Residential-One District (R-1). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage(9) Area Width Setback SetbacO) Setback (b) One-family dwelling 35' 25% 12,500 sf 100' 30'(c) 15' 15' Group home 35' 25% 12,500 sf 100' 30'(') 15' 15' Detached garage or carport 20' 1,000 sf 12,500 sf 100' 30'(c) 15' 5' Private storage shed 20'(0 400 sf 12,500 sf 100' 30' 154") 5'1") Churches, schools, government and quasi-government build- ings, golf courses 35' 25% 1 acre 200' 301°1 15'(h)(e) 20' All other uses 35' 25% 12,500 sf 100' 30'(c) 5'(d) 15' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) Sec. 26-206 Residential-One A District (R-1A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards. Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage (h) Area) WidthO) Setback Setback(') Setback(') One-family dwelling 35' 30% 9,000 sf 75' 30'(') Id) (0 ~ 15' Group home 35' 30% 9,000 sf 75' 30'(') to' 41(d) 15' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30'(c) 5' 5' Private storage shed 20'(9) 400 sf 9,000 sf 75' 30' 50) 50) Churches, schools, government and quasi-government build- ings, golf courses 35' 30% 1 acre 200' 30'(') 15'1'x0 20' All other uses 35' 30% 9,000 sf 75' 30'(c) 5'(d) 15' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet fo r all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. GED\530271357901.09 -65- o v Jwo +ryes, (o feet ot~ (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) sde 0" fInree s(or)es , IS fect• (5) feet on one (~11 (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from (f) at least thirty (30) feet from a residence on an adjacent parcel. property lines and Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25 ;l landscaping required on site. (See section 26_502 W Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) Q) Comer lots shall have a minimum of nine thousand six hundred (9,600) square feet and a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-207 Residential-One B District (R-16). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage"I Area Width') Setback Setback(') Setback (b) One-family dwelling 35' 40% 7,500 sf 60' 30'(C) (d) 10' Group home 35' 40% 7,500 sf 60' 30'(°) (a) 10' Detached garage or carport 20' 600 sf 7,500 sf 60' 30'1`1 5' 5' Private storage shed 20'1e1 400 sf 7,500 sf 60' 30' 5'lel 5'\el Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'1'1 15'6110 20' All other uses 35' 40% 9,000 sf 60' 30'(L) 5") 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. fbr)huo *ries, to-feet- farytireesYo.rtes is_eef• fOr .I.,fU, (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from © property lines and at least thirty (30) feet from a residence on an adjacent parcel. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-208 Residential-One C District (RAC). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. GED\53027\357901.09 -66- B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard (eW Rear Yard (b) Height Coverage(91 Area Width Setback Setback Setback One-family dwelling 35' 40% 5,000 sf 50' 30'(`) jr~e) 10' ' Group home 35' 40% 5,000 sf 50' 30'(c1 0 Gel 10 ' Detached garage or carport 20' 600 sf 5,000 sf 50' 3040 5' 'c0) 10 '(0) Private storage shed 20'(0 400 sf 5,000 sf 50' 30' 5 5 Churches, schools, government and quasi-government build- 35' 40% 1 acre 200' 30'(") 15'("1 20' ings, golf courses All other uses 35' 40% 5,000 sf 50' 3001 5'(0) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel pY f wry ' S~fieS (a) rl (~t (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) f et. Foy_ *)o 1 r 19 (g) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) For ~iw I (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-209 Residential-Two District (R-2). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development Standards: i Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height snl Coverage Area Width0 Setback Setback Setback One-family dwelling 35' 40% 9,000 sf 75-0) ' 30'(`) ~d) 01 10' ' Two-family dwelling 35' 40% 12,500 sf 100 ' 30 (m 10 10' Group home 35' 40% 9,000 sf 75 30 ' ' Detached garage or carport 20' 1,000 sf 9,000 sf 75' 30 5 5 Private storage shed 20'(9) per unit 400 sf 9,000 sf 75' 30' 5'(e) 5'(e1 Churches, schools, government and quasi-government build- 35' 40% 1 acre 200' 30'(') 15'('H0 20' ings, golf courses All other uses 35' 40% 9,000 sf 75' 30'(`) 5'(0) 10' (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) f 00- feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) ~ Y .ri JAtotal of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. For dwo 4*yle5, (~t. ror 1f/eyct 4oYteS ( /S-eef• (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. GED\53027\357901.09 -67- M Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) Q) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. Sec. 26-210 Residential-Two A District (R-2A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: One-family dwelling Two-family dwelling Multifamily (3/more dwelling units) Group home Detached garage or carport Private storage shed Maximum Maximum Building Height Coverage(") 35' 40% 35' 40% 35' 40% 35' 40% 20' 600 sf (per unit) 20'(9) 400 sf/ 4 d.u. Minimum Minimum Minimum Front Lot Lot Yard Area Width Setback 7,500 sf 60'(k) 30'(`) 9,000 sf 75'(k) 30'(`) 13,050 sf 100' 30' 9,000 sf 75' 30' 9,000 sf 75' 30'(`) 9,000 sf 75' 30' Minimum Minimum Side Yard Rear Yard Setback . Setback(') {a) 10' ~a) 10'. (a) 10,0) (a) 10' 5' 5' 5,(e) 5,(e) Churches, schools, government and quasi-government build- ings, golf courses 35' 40% 1 acre 200' 30'(') 20' All other uses 35' 40% ©hf' 9,000 sf 75'(k) 30' 5' 10' ~Y Ory, )(}(r'e'd frdw0 *VJe4,IS'*l''9V__G)ree Iovles. (a) Side yard setback shall be five (5) feet Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (h) Minimum twenty-five percent (25%) landscaping required on site. (See section 26-502.) (i) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (j) Rear yards for building which exceed two (2) stores shall be increased five (5) feet for each additional story over two (2) stories. (k) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. (1) Reserved. NOTE: The requirements of section 26-120(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: (1) new construction where no GED\53027\357901.09 -68- replacement of a preexisting structure takes place or (2) reconstruction of structures which were not legally in existence (as distinguished from legal nonconforming structures). Sec. 26-211 Residential-Three District (R-3). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. B. Development Standards: Minimum Maximum Minimum Minimum Front Minimum Minimum Maximum Building Lot Lot Yard Side Yard Rear Yard Height Coverage 191 Area Width Setback Setbacklaal Setback(b) One-family dwelling 35' 40% 7,500 sf 60'1'1 30'1`1 5' 10' Two-family dwelling 35' ' 40% 9,000 sf 75'1'1 00' 30'11 30' 5' 15"1 10' 16 ~a1 Multifamily (3 or more dwelling 35 40% 12,500 sf 1 units) Group home 35' 40% 9,000 sf 75' 30'1`1 5' 10' Detached garage or carport 20' 600 sf 9,000 sf 75' 30'1`1 5' 5' Private storage shed 20'() per unit 400 sf/ 9,000 sf 75' 30' S'(e) 5'(e) Churches, schools, government 35' 4 d.u. 40% 1 acre 200' 30'1"1 15'iax"1 20' and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 40% 7,500 sf 60'(') 30'(`) 5' 10' (a) Side and rear yard setback shall be fifteen (15) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120.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: (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). GED\53027\357901.09 -69- Sec. 26-212 Residential-Three A District (R-3A). A. Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium-density residential character. B. Development Standards: Maximum Height One-family dwelling Two-family dwelling Multifamily (3+ dwelling units) Group home Detached garage or carport Private storage shed Churches, schools, government and quasi-government build- ings, golf courses, small day care center, and nursing, elderly and congregate care homes All other uses 35' 35' 35' 35' 20' 20'10 35' 35' Minimum Maximum Minimum Minimum Front Minimum Minimum Building Lot Lot Yard Side Yard Rear Yard Coverage(e) Area Width Setback Setbacklaa) Setback(b) 40% 7,500 sf 60'(') 3040 5' 10' 40% 9,000 sf 75'1'1 30'1`1 5' 10' 40% 12,500 SA°) 100' 30' 16(a) I'Fleia) 40% 9,000 sf 75' 30'1`1 5' 10' 600 sf 9,000 sf 75' 30'1`1 5' 5' per unit 400 sf/ 9,000 sf 75' 30' 5'(e) 5'(e) 4 d.u. 40% 1 acre 200' 30'(b) 15'(axb) 20' 40% 9,000 sf 60'(') 30'(`) 150) 10' (a) Side and rear yard setback shall be ten (10) feet for the first two stories and an additional five (5) feet for each additional story over two stories. (aa) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.2.) (d) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet. (f) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) feet. (g) Minimum thirty percent (30%) landscaping required on site. (See section 26-502.) (h) Minimum ten (10) feet of landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26-502.) (i) Comer lots shall have a minimum lot width of eighty (80) feet for both street frontages. NOTE: The requirements of section 26-120(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: (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). Sec. 26-213 Agricultural-One District (A-1). A. Intent and Purpose: This district is established to provide a high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. GED\53027\357901.09 -70- I Sec. 26-610 Building lots. Every building or structure hereafter erected within the city shall be located on a lot, as defined herein, and in no instance shall there be more than one (1) main building on one (1) lot except as permitted within a Planned Development District or as permitted as a plannetd, building group (PBG). 24VV-~l fG1-;;, 1 Sec. 26-611 Building setbacks.. A. Generally, building setback shall bemeasured at right angles from the closest property line to the outermost wall of a building. gncroachment5into required setback areas suc(" shall not be permitted except as follows. provfded FG a wtd1~ ©MI 1. Porches, patios, decks and balconies. Porches patios, decks and balconies which are open on at least two (2) side may encroach into a front setback up to eight feet or into a side or r ar yard a maximum of one-third the distance to the closest property lines l4H~irr b~~ ^ Ins 2. Architectural features. Cornices, eaVVag' ltcourses, sills, canopies or other similar architectural features, inc bay windows, may extend or project into a required front, side or rear yard +«,,,me R.R e9 .;aches provl~d YU wrd h oT (ti ysrd t,3 not veduced 10 (Qssi ftv2~~) lit 3. Chimneys. Chimneys may project into a required front, side or rear yard Ir, COV 2~W j w9~~ Rat FMArp then b0F.) (2) provided the width of such yard is not reduced 'r~ e~pY rL 'r to less than 2#wee-M-fge-C 7N? ) ~~y1Y, ~a• 4. ~ Fire escapes, open stairways. Afire escape or open stairway may extend eK\ into any front, side or rear yard, provided the width of such yard is not eX reduced to less than thraa43)4". If fifty percent (50%) or more of the main buildings within a built-up area in any district have more or less than the required front yard, each new main building shall have a front yard consistent with the average building setbacks in the immediate area, except that for the purpose of computing such average, a front yard in excess of fifty (50) feet shall be deemed to be fifty (50) feet, and a setback less than fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of this regulation, an immediate area shall be deemed "built-up" if fifty percent (50%) or more of the lots within the same block and within two hundred (200) feet on each side lot line of any particular lot have been improved with buildings. However, in no instance shall a structure encroach into a required sight distance triangle. Sec. 26-612 Residential group homes. A. Residential group homes for six (6) to eight (8) elderly persons. In accordance with C.R.S. § 31-23-303, as amended, group homes for six (6) to eight (8) elderly persons are permitted, provided that such group home meets all requirements of the zone district in which the group home is located. No such group home for elderly persons shall be located closer than seven hundred and fifty (750) feet from another group home for elderly persons. B. Residential group home for children. A residential group home for children, as defined by section 26-123, shall maintain a minimum lot area of fifteen hundred (1500) square GED\53027%357901.09 -175- of wr+egr City of Wheat Ridge Po Planning and Development Department U Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director 6 I SUBJECT: Residential Setbacks DATE: May 31, 2001 At the Council hearings held on the adoption of Chapter 26, two recommendations for changes were made by Wheat Ridge United Neighborhoods: 1) revise the required minimum side and rear setbacks in the residential zone districts and 2) eliminate the exceptions to setbacks in Section 26-611. Council directed staff to work with Planning Commission to review WRUN's recommendations and propose any Code changes. WRUN's recommendations are attached. A third recommendation was to limit variances to 10% and make the granting of variances the sole responsibility of the Board of Adjustment. Council discussed this recommendation at the hearing on second reading and voted not to accept this recommendation. The fourth recommendation was to adjust the height limitations in the Public Facilities zone district. Council gave no direction to address this issue. WRUN's Recommendation WRUN's recommendation is to require an additional five feet for the side and rear setbacks for each story above the first story for single family homes and duplexes in all residential zone districts. Some form of this requirement is currently in place for some, not all, yards in the R- 1 C, R-2A, R-3 and R-3A zone districts. None of the setback requirements for any of the residential zone districts was changed in the Chapter 26 re-write. The requirements remain as adopted with the last code re-write in the late 1980's. The Current Requirements The setbacks required in the residential zone districts are shown in the following chart. Minimum lot widths are also shown since they will be an item of discussion later in this memorandum. -1- Residential Setback Requirements Zone District Side Setback * Rear Setback * Lot Width R-1 Single Family 15' 15' 100' R-IA Single Family 5'.~ ,gS704K 15' 75' R-1B Single Family 15' total 2 sides 10' 60' R-1C Single Family 57story 10' 50' R-2 Single Family 15' total 2 sides 10' 75' Duplex 15' total 2 sides 10' 100' R-2A Single Family 57story 10' 60' (80' corner lot) Duplex 57story 10' 75' (80' corner lot) Multi-Family 57story 10' 57story > 2) 100' R-3 Single Family 5' 10' 60'(80' comer lot) Duplex 5' 10' 75' (80' comer lot) Multi-Family 15' 57story > 2) 10'(+ 57story >2) 100' R-3A Single Family 5' 5' 60' (80' corner lot) Duplex 5' 5' 75'(80' corner lot) Multi-Family 15'(+ 57story > 2) 10' (+5'/story > 2) 100' * The setback is increased to 30' when adjacent to a public street. Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart. Staff Analysis The existing required side and rear yard setbacks are fairly standard and workable for the R-1 zone district. Lots are required to be 100' minimum in width. The 15' setback results in homes being at least 30 feet apart. The side setback decreases to 5' in R-lA, but then increases as the required lot sizes and lot widths decrease. The following setbacks would be required of a two- story single family house in each of the zone districts: 15'm R-1, 5' in R-1A, 7-%' in R-113 -2- (assuming equal setbacks for each side yard) and 10' in R-1C. This scheme of setback requirements runs counter to what would seem logical: as lot sizes and widths decrease, so should setback requirements. Our setbacks increase as the lot size and width decrease. WRUN's recommendation of the additional 5' per story setback is proposed for single family and duplexes in all residential zone districts. The current setbacks are proposed to be for one story, with the 5' per story additional setback applied to this "base" setback. This would mean a two story single family home would have the following side setbacks: 20' in R-1, 10' in R-IA, 12-'/2' in R-1B, and Win R-1C, 12-%2' in R-2, and Win R-2A, R-3 and R-3A. Under this scheme, the setbacks for R-113 and R-2 seem out of line. Adding the requirement of an additional setback of 5' per story increases the setback requirement for the smaller and narrower lots, making it difficult to build a modern home on a small lot where the only option to increase square footage is to go up. A two story single family house in the R-1C zone district requires side setbacks of 10' each, leaving room on a 50'-wide lot for a 30'-wide home. Part of the concern in WRUN's letter presumably deals with "pop-tops" where a second floor is added to single story structure. There is one exception in the Code that addresses this situation. Section 26-120 (C) deals with nonconforming structures and permits enlargements and alterations to non-conforming one- and two-family structures (those not meeting the setback requirements) as long as the lot coverage requirement is met and as long as the enlargement or alteration does not encroach beyond the existing setback line. "Pop-tops" wouldn't be affected by the 5' per story additional setback. The exceptions to setbacks are found in Section 26-611 (A). The items listed are those exceptions to setbacks allowed by the Code. Most of the exceptions are minor and create more of an inconvenience for an owner than an impact on any neighbor. One concept of New Urbanism is to move porches closer to the street, not farther away. Deleting this exception would require the front edge of a porch to be located 30' from the property line. The new urbanists would be appalled. The exceptions are characterized as variances, but there is no administrative variance process involved. They are simply permitted exceptions to the setback requirements. These exceptions are fairly typical of other jurisdictions. The side and rear setback requirements for multi-family buildings in the R-3 and R-3A districts need to be clarified. The language of footnote (a) does not correspond with the setbacks shown in the chart. In the R-3 district, the footnote requires a minimum of 15' side and rear setbacks for the first two stories and an additional 5' per story for each additional story. The chart shows that the minimum rear yard setback is 10'. Similarly, in R-3A the footnote states that the side setback is 10', but the chart shows 15'. Staff Recommendations The residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be consistent among the same uses in different zone districts. The 5' per story additional setback should be used sparingly. The setback exceptions should remain. QWiyFiles\WPFiles\CODEkes setbacksmpd -3- JL-Axi 3Ybeat`Afte.MnitebPetybborbooh Int. COMMENTS RELATING TO COUNCIL BILL 02-2001 +mending Chanter 26 of the Code of Laws The Ordinance you are considering encompasses the complete Zoning laws of the City. ';RUN feels that some portions which have not been addressed, should be at this time and would like to make some recommendations. Top of the list includes setbacks, and variances as they pertain to setbacks. These have a profound effect upon neighbors and on the community at large. Older homes are mostly single story and the setbacks as written +dork nicely for these. However today, as you know homes are being built much largr and higher. Also 2nd stories are being added to existing homes. As they get higher it becomes evident that 101,for example, is adequate between two single story homes but is not des- irable between two buildings that are 35' high-which is the maximum allowed height in Res. Districts. If that 10' is reduced to 6' through allowed exceptions or variances, it is even less desirable. rundown of setbacks goes as follows: The front ~rard setback in all residential districts is 30' texcept in cul de sacs). And there is a provision for keep- inq new hones in line with those that exist. This is good however established exceptions and unlimited variances can change it. Rear yard setbacks for A-1 R-1 and R-lA other districts tr'-ey are lb' for singles Sideyard setbacks in R-1C and for singles . A-1 and R-1 are 151 and doubles in F-2A, are 151: In all and c3aubles. They are 5' in R-3 and R-3A. (2) F In the multi story developments in R-2n, R-3 and R-3k there have been adjustments ade for second and/or 3rd stories so a change is not being recommended there. The Kotion requested by WRUN is as follows: "In all residential zone districts side and rear yard setbacks for single family homes and duplexes as cur- rently written apply to the first story. There shall be an additional five feet for each additional story." -This of course doesn't take care of the "exceptions" which are Section 26-611 A 1-4.and this is attached below: Sec. 26-611 Building setbacks. A. Generally, building setback shall be measured at right angles from the closest property line to the outermost wall of a building. Encroachment into required setback areas shall not be permitted except as follows. 1. Porches, patios, decks and balconies. Porches, patios, decks and balconies which are open on at least two (2) sides may encroach into a front setback up to eight feet or into a side or rear yard a maximum of one-third the distance to the closest property line. 2. Architectural features. Cornices, eave beltcourses, sills, canopies or other similar architectural features, including bay windows, may extend or project into a required front, side or rear yard not more than thirty (30) inches. 3. Chimneys. Chimneys may project into a required front, side or rear yard not more than two (2) feet, provided the width of such yard is not reduced to less than three (3) feet. 4. Fire escapes, open stairways. Afire escape or open stairway may extend into any front, side or rear yard; provided the width of such yard is not reduced to less than three (3) feet. You can see how easily many setbacks can be re.'uced as ri,inistratively to just 3' and „ithout a fe rim, To aridrhss 'I' hes r <^~t the fo1_lowinrv notion: (3) Votion "Section 26-611 9 1-4 shall be deleted and replaced with 'Building Setbacks shall be measured at right angles from the property line to the outermost wall or extending arch itectural feature with the exception of the roof overhang (which is limited to two feet). Other encroachment into required setback areas shall not be permitted except by variance granted by the Board of Adjustment. Plumbers 1-4 are hereby deleted'." The re?aining impacts come from the fact that as of the last rewriting of the code, the right of granting variances was extended to the Council and to the planning Commission (unlimited) and to the Staff (10%). It had formerly been solely the responsibility of the Board of Adjustment. 'r;MN`, we uld like to see that again. Also formerly there was a limit of.10% for the Board of Adjustment but with pressure from developers this was removed and unlimited variances can be granted. 'recently a home was built very close to the street in the riddle of a block where all others appear to be 30' back. Also, last week there was a request to the Board of Adjust- ment for a 20' variance to a 30' front yard setback and a request for a 12' variance to a 15' side yard setback. WRUll would like to see the 100/0' limit reinstated. The following motion is proposed: 1-,otion "Variances shall be Adjustment and only for variances shall inc, the proper proc ublic Tearing. No the responsibility of the Board of the Board of Adjustment. Renuests be acted upon by such Board follow- =dures for posting, publication and variance shall exceed 10;x." (4) Wheat Ridge United Neighborhoods feels that these three changes would do a great deal to protect adjacent neigh- bors and to give stability to the setback requirements as they are stated for the residential zone districts. The fourth motion proposed by WRUN pertains to PF-1 which gives the height limit as 501. Since this might be anywhere, the following change is proposed: P<<otion lie- g limit in PF-l.shall be 50' when totally within a commercial zone area. If within or adjacent to residen- tial zones the height limit shall be 35' for compatibility." Thank you for this opportunity. ~jQ-(w Wheat Ridge United Neighborhoods Jean Fields, Pres. City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director QW SUBJECT: Case No. ZOA 01-02, Residential Setback Standards DATE: January 9, 2001 4 OF \NHEgl R' o U rn CO[ ORA00 During the adoption of Chapter 26, Council gave direction to staff to investigate the recommendations of WRUN pertaining to residential setbacks and exceptions thereto. No changes were made to the required setbacks during the re-write of Chapter 26. The setbacks are shown in the following table. Residential Setback Requirements Zone District Side Setback * Rear Setback ` Lot Width R-1 Single Family 15' 15' 100' R-1 A Single Family 15' total 2 sides; T min. 15' 75' R-1 IS Single Family 15' total 2 sides; 5' min. 10' 60' R-1 C Single Family 57story 10' 50' R-2 Single Family 15' total 2 sides 10' 75'(80' corner lot) Duplex 15'total2 sides 10' 100' R-2A Single Family 57story 10' 60' (80' corner lot) Duplex 57story 10' 75'(80' corner lot) Multi-Family 57story 10' 57story > 2) 100' R-3 Single Family 5' 10' 60' (80' corner lot) Duplex 5' 10' 75' (80' corner lot) Multi-Family 15'(+ 57story > 2) " 10' 5'/story >2) 100' R-3A Single Family 5' 10' 60' (80' corner lot) Duplex 5' 10' 75'(80' comer lot) Multi-Family 15'(+ 57story > 2) 10' (+5'/story > 2) " 100' The setback is increased to 30' when adjacent to a public street. Footnote to the chart is confusing and doesn't reflect the requirements listed in the development standards chart. Planning Commission recommendations were to: 1. Change the R-IA side setback to W feet. 2. In all other residential zone districts for single family and duplex structures, change the side yard setback requirement to require 5 feet per story. 3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5 feet per story for structures above 2 stories. 4. Change the setback exceptions to limit the permitted encroachments into required side yards to 5 feet. (Any permitted encroachment must be a minimum of 5 feet from the property line.) Staff recommendations are: (Changing setbacks in zone districts should be done only after careful consideration. Once changed, there will be structures that will become non-conforming. However, the non-conforming provisions of the Code exempt one- and two-family structures from the "no enlargement, alteration, or addition restriction. " This is not the case for multi- family dwellings.) 1. Originally staff recommended changing the R-lA side setback to 10 feet. A footnote was overlooked in the chart and the actual required side setback is 15 feet total both sides, with a minimum of 5 feet on one side. (It is shown correctly in the table on the first page.) 10 feet still makes sense from the standpoint of having decreasing setbacks as lots get smaller, but the current requirements aren't as out of line as originally presented. 2. Change the side setbacks in the R-2A, R-3 and R-3A districts to require 5 feet per story for one- and two family structures. While on the surface this appears to limit the ability for homeowners to construct additions to existing homes, there is a provision in the code that allows additions to be built "in line" with existing walls of structures, even if setbacks are not met. The addition can encroach no further than the existing structure. I have interpreted this to include building in line vertically as well as horizontally. Otherwise, additions and "pop tops" on narrower lots in the City would be difficult. 3. Reconcile the footnotes and figures in the tables for multi-family dwellings in the R-3 and R-3A districts by changing the side and rear setbacks to 15 feet for the first 2 stories plus 5 feet per story for structures above 2 stories. 4. The setback exceptions in Section 26-611 should remain as currently written, except add the following language to (b): "provided, however, that no encroachment to a side or rear yard is allowed in the NC, RC, C-1, C-2, or I zone districts when adjacent to a residentially zoned property." C.\MyFiles\WPFiles\Pmjects\zoning amendmentsVe setbacks cc ss memo.wpd