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HomeMy WebLinkAboutZOA-01-04INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 30-2001 Ordinance No. 1241 Series of 2001 TITLE: AN ORDINANCE AMENDING SECTION 26-303, PLANNED RESIDENTIAL DEVELOPMENTS REGULATIONS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. WHEREAS, pursuant to Colorado Revised Statutes of Section 23-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City desires to modify the requirements of the Planned Residential Development to require no minimum area. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-303 A of the Wheat Ridge Code of Laws is amended as follows: Section 26-303 Planned Residential Developments (PRD) regulations. A. Area: aere. No minimum. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv. If any clause, sentence, paragraph, or part of 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 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 5. This ordinance shall take effect immediately upon, Adoptlsn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10thday of December , 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 January 28 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheai Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to o , this __2811,oay of rannarv 2002. SIGNED by the Mayor on this 29tl ATTEST: C_- w Wanda Sang, City C1 APPR A TO FO Y CITY ATTORNEY GE D DAHL, CITY ATTORNEY 1st Publication: December 13, 2001; January 10, 2002 2nd Publication: January 31, 2002 Wheat Ridge Transcript Effective Date: January 28, 2002 C;\MyFiles\WPFiles\Projects\zoning amendmentsWA0 104ord.wpd CITY COUNCIL AGENDA: JANUARY 28, 2002 Page - 2 - This makes the property more aesthetically pleasing and more valuable to the community. In many situations this program, if we did not have it, would kill redevelopment deals in the City. This Ordinance is removing the 50% limit. Motion by Mr. Edwards for the adoption of Council Bill 01-2002 (Ordinance 1240) and that it be effective immediately upon adoption; seconded by Mr. DiTullio; carried 7-0. Item 2. Council Bill 30-2001 - An Ordinance amending Section 26-303, Planned Residential Development Regulations, of the Code of Laws of the City of Wheat Ridge, Colorado. (Case No. ZOA-01-04) Council Bill 30-2001 was introduced on second reading by Mr. DiTullio, who also read the title and summary; Clerk assigned Ordinance No. 1241. Alan White read his memo, dated January 24, 2002, into the record, which outlined the reasons against the previously proposed amendment that required the property to be redeveloped if the PRD zoning were granted. Motion by Mr. DiTullio for the adoption of Council Bill 30-2001 (Ordinance 1241) and that it take effect immediately upon adoption; seconded by Mr. Edwards; carried 7-0. Item 3. Public Hearing for CDBG projects. Mr. Mancinelli introduced Item 3 and read the title, summary and background. Ann Pitinga, Grant Administrator, stated that it was advertised in the Transcript, that if any non-profit or anyone wanted to come and ask for use of CDGB funds to notify her and she received no requests. He memo in the packet is reflective as to what the requests are. She then read the allocations into the record. Motion by Mr. Mancinelli to recommend that the County allocate CDBG funds as stated in the attached memo; seconded by Mr. DiTullio; carried 7-0. 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 fog 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 C 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 STUDY SESSION MINUTES: January 21, 2002 Page - 3 - Consensus 8-0 to have Mr. DiTullio, Mr, Mancinelli and Mr. White work on an amendment and fax it to Council before the January 28, 2002, City Council Meeting. Item 3. Discussion of City Manager's Board and Commission Recommendations. David Schneider asked for a consensus to have a Special Meeting on February 5, 2002, at 7:00 p.m. to discuss the recommendations of the removal of any Boards and Commissions and invite the specific chairs of the Boards and Commissions. Mr. Edwards asked that the members of the Boards and Commissions have the opportunity to meet and discuss the information given to Council at this meeting. Failed 0-8. Consensus 8-0 that staff would meet with the appropriate Boards and Commissions before the February Study Session and give their. recommendations to those Boards in advance of the Study Session. Council will meet with the five chairs of the Boards and Commissions at the February Study Session to discuss their.comments on this action. Consensus 5-3 to have the City Attorney draft an ordinance to add a member of the City Council as a chair with a full vote to the Planning Commission and Parks and Recreation Commission. This shall be prepared for First Reading for the January 28, 2002, City Council Meeting. Ms. Figlus thought that a City Council member should not be on any of the boards and commissions Mr. Schneider stated that he thought that there would be better communication between Council and the Board and Commission members if a Council member chaired the meetings. Mr. Mancinelli asked that in the future more time be given to schedule items for City Council meetings. Consensus 8-0 to move term limits for boards and commissions to the February 19, 2002, or later, Study Session. Item 5. Review Council Bill 04-2002 - Amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted Urban Renewal Plans. Item withdrawn. ELECTED OFFICIALS MATTERS Ms. Figlus explained the City's involvement in the Taste of the Arts and Arts Council and asked for a consensus to have the City co-host the event. Discussion followed. Consensus 8-0 to have the City endorse the Taste of the Arts on April 13, 2002 and any monetary discussion will go before Council later. City of Wheat Ridge Planning and Development Department Memorandum TO: City Council FROM: Alan White, Planning and Development Director 6M SUBJECT: Case No. ZOA 01-04, Planned Residential Developments DATE: January 10, 2002 of WHEgT U rn 5,OC OR AOo Council directed staff to prepare an ordinance to eliminate the one acre minimum requirement for a Planned Residential Development. Planning Commission reviewed the proposed ordinance and recommended it not be approved. The Planning Commission felt that the opportunity to apply for variances could adequately deal with the issue of making improvements to potential non-conforming structures. The proposed ordinance change has both positive and negative aspects as outlined in the memorandum to Planning Commission. Rezoning a vacant site to PRD has fewer ramifications than rezoning a site with existing buildings. With the vacant site the issues are the establishment of density and other development standards (setbacks). Anything built will be in conformance with those standards. The standards for setbacks, etc. may be less than those required in straight zone districts. With a site with existing buildings, the issues will center around setbacks, and "legalizing" non- conforming structures with the PRD. Under the current regulations, non-conforming multi- family structures cannot be altered, enlarged, or added to unless in conformance with setback requirements. (One- and two-family structures are exempt from this restriction.) It may be that "legalizing" a non-conforming use may perpetuate the existence of structures in poor condition. This possibility is not limited to sites less than one acre. The same result could occur with the approval of variances. Staff does not have a recommendation for this proposed ordinance. Ct\MyFiles\WPFiles\Projects\zoning amendments\prd's cc ss memo.wpd City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: ZOA 01-04, Planned Residential Developments DATE: October 24, 2001 4P, Council requested that staff prepare an ordinance to eliminate the one acre minimum acreage requirement for a PRD so that a rezoning to PRD could be requested on any size parcel. This proposed change has positive and negative aspects. On the positive side: 1) The planned development process provides greater flexibility than straight zoning for infill sites, both for the applicant and the City. 2) The approval process provides a greater level of detail for review and a greater level of development control than a straight zone district. Council and Planning Commission know exactly what is being requested and can approve the PRD with modifications. 3) Unlike a rezoning to a straight zone district, Council and Planning Commission may place conditions on the approval of a PRD to address issues of compatibility or mitigation of impacts. On the negative side: 1) A PRD provides the potential for increased density. The maximum allowable density in a PRD is 16 units/acre; in R-3 it is 12 units/acre. Council is not obligated to approve the maximum density, however. A lesser density may be approved. 2) Rezoning to a PRD requires two steps: preliminary and final. The process requires more staff, Planning Commission and Council time to review. There is also more cost to the applicant because of the submittal requirements. 3) While PRD's provide flexibility, they are mini-zone districts unique unto themselves and require a greater level of staff time to administer. More PRD's mean more staff time to monitor, respond to questions, and review permits. This zoning ordinance amendment has been noticed as a public hearing as required by the Code. A recommendation on the ordinance is requested. C:N4yFiles\WPFiles\Projec6\zoning a mendmen6\ZOA0104 pc memo.wpd 5. APPROVE MINUTES It was moved by Commissioner BRINHIVIAN and seconded by Commissioner COLLINS to approve the minutes,of October 18, 2001 as presented. The motion passed 7-0 with Commissioner THOMPSON absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. WZ-01-07: An application submitted by Semper Development for approval of a final development plan and subdivision plat for property located at 12700 West 32' Avenue. Alan White presented this matter and requested continuance because adequate information regarding drainage had not been supplied to staff for a complete review. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-01-07, an application submitted by Semper Development for approval of a final development plan and subdivision plat for property located at 12700 West 32°d Avenue be continued to November 15, 2001 at which time all necessary documents are to be completed. The motion passed 7-0 with Commissioner THOMPSON absent. B. Case No. ZOA-01-04: An ordinance amending Section 26-303.A of the Wheat Ridge Code of Laws allowing Planned Residential Developments (PRD's) to be less than one acre in size. Alan White reviewed the staff report and stated that proper notice had been given for a zone change amendment. Council requested staff to prepare an ordinance to eliminate the one-acre minimum acreage requirement for a PRD so that rezoning to PRD could be requested on any size parcel. This ordinance would affect the newly formed Wheat Ridge Housing Authority in that there are occasions when the Housing Authority is interested in buying properties but they are nonconforming as to the number of units on the lot. Because they have been small lots, there has been no way to bring the lots into conformance with zoning. Commissioner SNOW questioned why someone would want to rezone a legal nonconforming use. Alan White stated that since a nonconforming structure cannot be enlarged or altered unless it is single family or duplex, this ordinance would allow a multi-family property to be brought into conformance so improvements could be made to the property. For example, the Housing Authority might want to increase the salability of a property by adding carports, etc. In response to a question from Commissioner COOPER, Alan White replied that the ordinance would be somewhat cumbersome in that zoning maps alone would no longer be sufficient to tell what the requirements are on a PRD. It would be necessary to go to additional documents such as the recorded plans, minutes, ordinances, etc. Planning Commission Page 2 November 1, 2001 Commissioner SNOW expressed concern that the ordinance would allow every owner of an R- 3 lot with apartments on it to request a PRD and add a unit or two. Commissioner BRINKMAN expressed concern about opening the door for encroachment of higher density properties into residential neighborhoods. Chair McNAMEE suggested looking for another approach rather than writing a new ordinance. Commissioner BRINKMAN referred to specific densities set forth in the future land use map and expressed concern that this ordinance would bypass these limits for land use. It was moved by Commissioner SNOW and seconded by Commissioner COOPER that Case No. ZOA-01-04 be forwarded to City Council with a recommendation that the ordinance not be passed for the following reasons: 1. The possibility of undoing the density ordinance of several years ago by allowing owners of any R-3 or R-3A property to apply for a rezoning to PRD and reinstate the undesirable excess density the ordinances were designed to change. 2. The existing nonconforming sections of the zoning ordinance or the possibility of the request for variance are adequate to deal with lots not in conformance with the current ordinance. Commissioner BRINKMAN requested a friendly amendment to add the following additional reason: 3. The Comprehensive Plan clearly denotes two different types of planned residential development, one not to exceed twelve units per acre and the other not to exceed sixteen units per acre, and the proposed ordinance would sidestep the future land use designated in the recently adopted Comprehensive Plan. f f. The amendment was accepted by Commissioner COOPER and the motion passed 7-0 IL ` with Commissioner THOMPSON absent. C. Case No. ZOA-01-07: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Planned Mixed Use Development District (PMUD) This case was presented by Alan White. He reviewed the staff report and stated that proper notice had been given for the hearing of this ordinance. A development has been proposed to the city that would combine commercial on the first story with residential units above. The proposed ordinance would address such development. Commissioner BRINKMAN commented that the Comprehensive Plan supports the concept of combining commercial and residential. Planning Commission Page 3 November 1, 2001 MEMORANDUM DATE: August 16, 2001 TO: Council City Manager FROM: Jerry DiTullio SUBJECT: Planned Residential Developments (PRD) Before the Chapter 26 rewrite, Planned Commercial Developments (PCD) were required to be one acre or more in size. During the Chapter 26 rewrite, Planned Commercial Development (PCD) requirements were modified, which allowed them to be less than one acre. Planned Residential Developments (PRD) still require an acre or more. The Housing Authority is coming across properties for potential purchase that were built before Wheat Ridge was a city and the properties are considered "legal non- conforming uses". According to the Planning Department, this language indicates that major outside changes cannot be made to the existing buildings. A tool that may help rectify this situation is allowing PRD's to be less than an acre. The Housing Authority may find a property that could be rezoned to a PRD, which would bring the property into compliance and allow building and lot modifications once Planning Commission and City Council approve the PRD plan during the rezoning. Other property owners in Wheat Ridge could use this tool. The PRD approval process is a public process that involves the applicant, neighbors and City through public hearings. In some instances the Wheat Ridge Housing Authority would be the applicant for a PRD while the property was in its ownership. It is my recommendation that an ordinance be written by planning staff that will amend Chapter 26 and allow PRD's to be less than an acre. This is an amendment to Chapter 26, so I presume the Planning Commission will need to review the ordinance and make a recommendation to Council. OF WHEAT City of Wheat Ridge o Planning and Development Department Memorandum TO: Scott D. Staples, City Manager FROM: Alan White, Planning and Development Director ow SUBJECT: PRD's DATE: August 10, 2001 You relayed to me a request by Jerry DiTullio to look at changing one of the requirements for Planned Residential Developments. Currently the code requires a minimum of one acre for a PRD. The suggested change would eliminate this minimum requirement so that a PRD could be requested on any size parcel. This proposed change, like any code change, has positive and negative sides. On the positive side: 1) The planned development process provides greater flexibility than straight zoning for infill sites, both for the applicant and the City. 2) The approval process provides a greater level of detail for review and a greater level of development control than a straight zone district. Council knows exactly what is being requested and can approve the PRD with modifications. 3) Unlike a rezoning to a straight zone district, Council may place conditions on the approval of a PRD to address issues of compatibility or mitigation of impacts. On the negative side: 1) A PRD provides the potential for increased density. The maximum allowable density in a PRD is 16 units/acre; in R-3 it is 12 units/acre. Council is not obligated to approve the maximum density. 2) Rezoning to a PRD requires two steps: preliminary and final. This requires more staff, planning commission and council time to review. There is also more cost to the applicant because of the submittal requirements. 3) While PRD's provide flexibility, they are mini-zone districts unique unto themselves and require a greater level of staff time to administer. More PRD's will mean more staff time to monitor, respond to questions, and review permits. C\MyFiles\W PFiles\CODE\PRD's.wpd CITY COUNCIL MINUTES: DECEMBER 10, 2001 Page - 5 - Item 7. Council Bill 30-2001 - An Ordinance amending Section 26-303, Planned Residential Development Regulations, of the Code of Laws of the City of Wheat Ridge, Colorado. (Case No. ZOA-01-04) Council Bill 30-2001 was introduced on first reading by Mr. DiTullio, who also read the title, summary and background. Motion by Mr. DiTullio hat Council Bill 30-2001 be approved on first reading, ordered published, public hearing be set for Monday, January 28, 2002 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr. Edwards: carried 8-0. (This will be discussed at the first Study Session in January) DECISIONS, RESOLUTIONS, AND MOTIONS Item 8. Amendment to the Council Rules by adding new Rule F - imposing term limitations on the offices of Council President and Mayor pro tem. Motion by Mr. Edwards to place this Item on the next Council Agenda for action; seconded by Mr. Hanley, carried 8-0. Item 9. Appointment to the Jefferson County Board of Corrections. (Continued from November 26, 2001) Mr. Edwards reiterated his previous motion, which was seconded by Mr. Hanley, to appoint Janelle Shaverto the Jefferson County Board of Corrections, carried 8-0. Item 10. CONSENT AGENDA: A. Bid Award RFP-01-056, Monument Sign Design and Build to Zoran Corp., dba Sign-A-Rama, for the not to exceed amount of $15,000. B. Resolution 31-2001 - levying General Property Taxes for the Year of 2001, to help defray the costs of government for the City of Wheat Ridge, Colorado, for the 2001 Budget Year. C. Resolution 32-2001 - endorsing the CML Executive Board candidacy of Mayor Gretchen Ceiveny. OF WHEgT o cREQUEST FOR COUNCIL ACTION CSC OR APUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Case No. ZOA 01-04, an Ordinance amending Section 26-303 A of the Wheat Ridge Code of Laws pertaining to Planned Residential Developments. SUMMARY AND BACKGROUND: This ordinance amends the requirement that Planned Residential Developments must be a minimum of one acre in size. The amendment eliminates this requirement so that a Planned Residential Development would have no minimum size requirement. Planning Commission heard this proposed ordinance at a public hearing on November 1, 2001 and recommended Council not adopt the ordinance. ATTACHMENTS: 1. Council Bill No. 2. Memo from Council Member DiTullio 3. Alan White memo to Planning Commission 4. Planning Commission minutes STAFF RECOMMENDATION: None ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTION: BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A Council Member DiTullio Alan White, Planning and Development Director , Case No. ZOA 01-04, on first reading, ordered published, public hearing set for January 14, 2002, and if approved on second reading, take effect 15 days after final publication." "I move to adopt Council Bill No. C:\MyFiles\WPFiles\Projects\zoning amendments\prd's cc action lstwpd INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. _ Series of 2001 TITLE: AN ORDINANCE AMENDING SECTION 26-303, PLANNED RESIDENTIAL DEVELOPMENTS REGULATIONS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO. WHEREAS, pursuant to Colorado Revised Statutes of Section 23-23-301, the City possesses the power to regulate and restrict the use of land within the City for the purpose of promoting the health, safety, morals or general welfare of the community; and WHEREAS, the City desires to modify the requirements of the Planned Residential Development to require no minimum area. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-303 A of the Wheat Ridge Code of Laws is amended as follows: Section 26-303 Planned Residential Developments (PRD) regulations. A. Area: were. No minimum. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of 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 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 5. This ordinance shall take effect days after final publication. 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 12001. SIGNED by the Mayor on this . day of 2001. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: C:\MyFiles\WPFiles\Projects\zoning amendments\ZOA0104ord.wpd MEMORANDUM DATE: August 16, 2001 TO: Council City Manager FROM: Jerry DiTullio SUBJECT: Planned Residential Developments (PRD) Before the Chapter 26 rewrite, Planned Commercial Developments (PCD) were .required to be one acre or more in size. During the Chapter 26 rewrite, Planned Commercial Development (PCD) requirements were modified, which allowed them to be less than one acre. Planned Residential Developments (PRD) still require an acre or more. The Housing Authority is coming across properties for potential purchase that were built before Wheat Ridge was a city and the properties are considered "legal non- conforming uses". According to the Planning Department, this language indicates that major outside changes cannot be made to the existing buildings. A tool that may help rectify this situation is allowing PRD's to be less than an acre. The Housing Authority may find a property that could be rezoned to a PRD, which would bring the property into compliance and allow building and lot modifications once Planning Commission and City Council approve the PRD plan during the rezoning. Other property owners in Wheat Ridge could use this tool. The PRD approval process is a public process that involves the applicant, neighbors and City through public hearings. In some instances the Wheat Ridge Housing Authority would be the applicant for a PRD while the property was in its ownership. It is my recommendation that an ordinance be written by planning staff that will amend Chapter 26 and allow PRD's to be IessShan an acre. This is an amendment to Chapter 26, so I presume the Planning Commission will need to review the ordinance and make a recommendation to Council. OF WHEgr City of Wheat Ridge ~o Planning and Development Department Memorandum cOC ORP~O TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: ZOA 01-04, Planned Residential Developments DATE: October 24, 2001 Council requested that staff prepare an ordinance to eliminate the one acre minimum acreage requirement for a PRD so that a rezoning to PRD could be requested on any size parcel. This proposed change has positive and negative aspects. On the positive side: 1) The planned development process provides greater flexibility than straight zoning for infill sites, both for the applicant and the City. 2) The approval process provides a greater level of detail for review and a greater level of development control than a straight zone district. Council and Planning Commission know exactly what is being requested and can approve the PRD with modifications. 3) Unlike a rezoning to a straight zone district, Council and Planning Commission may place conditions on the approval of a PRD to address issues of compatibility or mitigation of impacts. On the negative side: 1) A PRD provides the potential for increased density. The maximum allowable density in a PRD is 16 units/acre; in R-3 it is 12 units/acre. Council is not obligated to approve the maximum density, however. A lesser density may be approved. 2) Rezoning to a PRD requires two steps: preliminary and final. The process requires more staff, Planning Commission and Council time to review. There is also more cost to the applicant because of the submittal requirements. 3) While PRD's provide flexibility, they are mini-zone districts unique unto themselves and require a greater level of staff time to administer. More PRD's mean more staff time to monitor, respond to questions, and review permits. This zoning ordinance amendment has been noticed as a public hearing as required by the Code. A recommendation on the ordinance is requested. C:\MyFiles\WPFiles\Projects\zoning amendmente\ZOA0104 pc memo.wpd 5. APPROVE MINUTES It was moved by Commissioner BRINKMAN and seconded by Commissioner COLLINS to approve the minutes ,of October 18, 2001 as presented. The motion passed 7-0 with Commissioner THOMPSON absent. 6. PUBLIC FORUM There was no one to appear before the Commission. 7. PUBLIC HEARING A. Case No. WZ-01-07: An application submitted by Semper Development for approval of a final development plan and subdivision plat for property located at 12700 West 32nd Avenue. Alan White presented this matter and requested continuance because adequate information regarding drainage had not been supplied to staff for a complete review. It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that Case No. WZ-01-07, an application submitted by Semper Development for approval of a final development plan and subdivision plat for property located at 12700 West 32°d Avenue be continued to November 15, 2001 at which time all necessary documents are to be completed. The motion passed 7-0 with Commissioner THOMPSON absent. B. Case No. ZOA-01-04: An ordinance amending Section 26-303.A of the Wheat Ridge Code of Laws allowing Planned Residential Developments (PRD's) to be less than one acre in size. Alan White reviewed the staff report and stated that proper notice had been given for a zone change amendment. Council requested staff to prepare an ordinance to eliminate the one-acre minimum acreage requirement for a PRD so that rezoning to PRD could be requested on any size parcel. This ordinance would affect the newly formed Wheat Ridge Housing Authority in that there are occasions when the Housing Authority is interested in buying properties but they are nonconforming as to the number of units on the lot. Because they have been small lots, there has been no way to bring the lots into conformance with zoning. Commissioner SNOW questioned why someone would want to rezone a legal nonconforming use. Alan White stated that since a nonconforming structure cannot be enlarged or altered unless it is single family or duplex, this ordinance would allow a multi-family property to be brought into conformance so improvements could be made to the property. For example, the Housing Authority might want to increase the salability of a property by adding carports, etc. In response to a question from Commissioner COOPER, Alan White replied that the ordinance would be somewhat cumbersome in that zoning maps alone would no longer be sufficient to tell what the requirements are on a PRD. It would be necessary to go to additional documents such as the recorded plans, minutes, ordinances, etc. Planning Commission Page 2 November 1, 2001 Commissioner SNOW expressed concern that the ordinance would allow every owner of an R- 3 lot with apartments on it to request a PRD and add a unit or two. Commissioner BRINKMAN expressed concern about opening the door for encroachment of higher density properties into residential neighborhoods. Chair MCNANiEE suggested looking for another approach rather than writing a new ordinance. Commissioner BRINKMAN referred to specific densities set forth in the future land use map and expressed concern that this ordinance would bypass these limits for land use. It was moved by Commissioner SNOW and seconded by Commissioner COOPER that Case No. ZOA-01-04 be forwarded to City Council with a recommendation that the ordinance not be passed for the following reasons: 1. The possibility of undoing the density ordinance of several years ago by allowing owners of any R-3 or R-3A property to apply for a rezoning to PRD and reinstate the undesirable excess density the ordinances were designed to change. 2. The existing nonconforming sections of the zoning ordinance or the possibility of the request for variance are adequate to deal with lots not in conformance with the current ordinance. Commissioner BRINKMAN requested a friendly amendment to add the following additional reason: 3. The Comprehensive Plan clearly denotes two different types of planned residential development, one not to exceed twelve units per acre and the other not to exceed sixteen units per acre, and the proposed ordinance would sidestep the future land use designated in the recently adopted Comprehensive Plan. The amendment was accepted by Commissioner COOPER and the motion passed 7-0 IL with Commissioner THOMPSON absent. C. Case No. ZOA-01-07: An ordinance amending Article Il of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Planned Mixed Use Development District (PMUD) This case was presented by Alan White. He reviewed the staff report and stated that proper notice had been given for the hearing of this ordinance. A development has been proposed to the city that would combine commercial on the first story with residential units above. The proposed ordinance would address such development. Commissioner BRINKIVIAN commented that the Comprehensive Plan supports the concept of combining commercial and residential. Planning Commission Page 3 November 1, 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 November 1, 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: 1. Case No. ZOA-01-04: An ordinance amending Section 26-303.A of the Wheat Ridge Code of Laws allowing Planned Residential Development's (PRD's) to be less than one (1) acre in size. 2. Case No. ZOA-01-07: An ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Planned Mixed Use Development District. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: October 25, 2001 Wheat Ridge Transcript C:\Katby\PCRPTS\PLANGCOM\PUBHRG\011101 pablwpd OE WHEgT AGE'NDA ITEM REQUEST FOR COUNCIL ACTION August 27, 2001 ORDINANCES FOR 1ST READING (Date: ) 'RpO~ X BIDS/MOTIONS _ ORDINANCES FOR 2N RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: Planned Residential Developments (PRD) SUMMARY AND BACKGROUND: In order to help the Wheat Ridge Housing Authority and other property owners in Wheat Ridge acquire properties that are less than an acre, it is recommended that an Ordinance be written that will amend Chapter 26 and allow PRD's to be less than an acre. ATTACHMENTS: 1. Jerry DiTullio Memo dated August 16, 2001 STAFF RECOMMENDATION: BUDGETIMPACT: Original budgeted amount VARIOUS $ Actual contracted amount: VARIOUS$ Impact of expenditure on line item: VARIOUS Budget Account No.:VARIOUS ORIGINATED BY: Councilmembers Jerry DiTullio and Vance Edwards STAFF RESPONSIBLE: SUGGESTED MOTION "I move that an Ordinance amending Chapter 26 to allow for PRD's under an acre be written by staff and sent to Planning Commission for recommendation. I further move that the Ordinance be set for first reading before City Council during the month of October 2001." U~ C:\WINDOWS\COUNCn. ACTION PAGE.wpd MEMORANDUM DATE: August 16, 2001 TO: Council City Manager FROM: Jerry DiTullio SUBJECT: Planned Residential Developments (PRD) Before the Chapter 26 rewrite, Planned Commercial Developments (PCD) were required to be one acre or more in size. During the Chapter 26 rewrite, Planned Commercial Development (PCD) requirements were modified, which allowed them to be less than one acre. Planned Residential Developments (PRD) still require an acre or more. The Housing Authority is coming across properties for potential purchase that were built before Wheat Ridge was a city and the properties are considered "legal non- conforming uses". According to the Planning Department, this language indicates that major outside changes cannot be made to the existing buildings. A tool that may help rectify this situation is allowing PRD's to be less than an acre. The Housing Authority may find a property that could be rezoned to a PRD, which would bring the property into compliance and allow building and lot modifications once Planning Commission and City Council approve the PRD plan during the rezoning. Other property owners in Wheat Ridge could use this tool. The PRD approval process is a public process that involves the applicant, neighbors and City through public. hearings. In some instances the Wheat Ridge Housing Authority would be the applicant for a PRD while the property was in its ownership. It is my recommendation that an ordinance be written by planning staff that will amend Chapter 26 and allow PRD's to be less than an acre. This is an amendment to Chapter 26, so I presume the Planning Commission will need to review the ordinance and make a recommendation to Council. OE WHEAT City of Wheat Ridge ~o Planning and Development Department m Memorandum TO: Scott D. Staples, City Manager FROM: Alan White, Planning and Development Director Rv SUBJECT: PRD's DATE: August 10, 2001 You relayed to me a request by Jerry DiTullio to look at changing one of the requirements for Planned Residential Developments. Currently the code requires a minimum of one acre for a PRD. The suggested change would eliminate this minimum requirement so that a PRD could be requested on any size parcel. This proposed change, like any code change, has positive and negative sides. On the positive side: 1) The planned development process provides greater flexibility than straight zoning for infill sites, both for the applicant and the City. 2) The approval process provides a greater level of detail for review and a greater level of development control than a straight zone district. Council knows exactly what is being requested and can approve the PRD with modifications. 3) Unlike a rezoning to a straight zone district, Council may place conditions on the approval of a PRD to address issues of compatibility or mitigation of impacts. On the negative side: 1) A PRD provides the potential for increased density. The maximum allowable density in a PRD is 16 units/acre; in R-3 it is 12 units/acre. Council is not obligated to approve the maximum density. 2) Rezoning to a PRD requires two steps: preliminary and final. This requires more staff, planning commission and council time to review. There is also more cost to the applicant because of the submittal requirements. 3) While PRD's provide flexibility, they are mini-zone districts unique unto themselves and require a greater level of staff time to administer. More PRD's will mean more staff time to monitor, respond to questions, and review permits. C:\MyFiles\ W PFiles\CODETP,D's.wpd