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HomeMy WebLinkAboutZOA-99-048. STUDY SESSION C. Case No. ZOA-99-03: Discussion and review of Sections 26-32 (C)(4) and 26-31 (C)(7) of the Wheat Ridge Code of Laws governing sight-distance triangles. Ms. Reckert discussed the staff report and the need to update and clarify our existing regulations. She informed that most other cities seem to have a more sophisticated system or formulas based on speed, height, etc. for determining sight-distance triangles. She noted that while the City may need to develop a more sophisticated system to head off any potential liability issue, she would like to see that the new system not become difficult to apply. Commissioner MacDOUGALL and Chair BRINKMAN stated that of.the examples of other cities before them, they prefer the City of Lakewood's which base their sight-triangle distances on speed. Commissioner SNOW recommended that staff check with the City of Lakewood to determine what aspects of their codes they like and areas they have experienced problems. Ms. Reckert commented that currently, street classifications determine the speed of the street and could possibly be used as a means of determining sight-distance areas. She informed that staff would prepare recommendations for the Commission. Chair BRINKMAN discussed existing areas where it has been determined to be a hazard. Ms. Reckert responded that the new standards would be enforced on any existing area determined to be a hazard. Commissioner THOMPSON asked that any proposed system be applied to different areas within the city as test cases to see how they would work. She stated that the new regulations should address areas needing special consideration such as areas with truck stops or deliveries. D. Case No. ZOA-99-04: Review and discussion of the City's existing regulations pertaining to residential development in commercial zones. Ms. Reckert explained the existing issues within our regulations when calculating density in a commercial area when you can have ancillary uses. You could potentially double count an area and possibly have a higher density of residential units within the commercial zones than in the residential zones. She explained the need to amend the regulations to address the issue but not eliminate the ability to have multiple uses within the commercial zone district. Commissioner SNOW discussed page 17 of the City Charter limiting a maximum of 21 residential units per acre and the desire that land not be counted twice in use calculations. She suggested that we limit how much commercial area could be used for residential purposes. Chair BRINKMAN mentioned that the City of Boulder uses multi-use developments to meet its needs for low income housing and suggested researching their regulations. Planning Commission Page 5 October 7, 1999 Commissioner THOMPSON expressed concern with landscaping and parking issues for residential uses within commercial areas since the commercial districts' regulations are more lenient. In addition, parking may need to be addressed if residency included children. She has concern with the environment that may be created, as well as safety issues with delivery trucks. Commissioner SNOW expressed her concern with density and suggested that staff first define primary and secondary uses in terms of percentage of building. Chair BRINKMAN suggested that we clarify the definition of `2nd floor' and noted that if the 2"d floor contains four or more units, the Fair Housing Act requires that those units be made handicapped accessible. 9. COMMISSION BUSINESS Commissioner THOMPSON discussed the need for standardizing parking standards and eliminating the compact car spaces. Ms Reckert informed that staff could review our existing standards. Commissioner SNOW asked when a joint meeting with the Board of Adjustment would be held. Ms. Reckert noted that staff would check with the Board. Commissioner SNOW suggested that the Planning Commission meet with the Northwest Fruitdale neighborhood to discuss the circulation plan at the regular Planning Commission meeting of November 4. It was moved by Commissioner THOMPSON and seconded by Commissioner SNOW to have a study session with developers, neighbors, and staff involved with the Northwest Fruitdale Circulation Plan at the regular Planning Commission meeting of November 4 for the following reasons: 1. Under state statutes and the City Code, it is the Planning Commission's duty to prepare master plans, including plans for streets and circulation. 2. The circulation problem in the area involves more than just the one property under consideration for subdivision. 3. It is inappropriate for the property owner to make decisions about right-of-way which may affect other property over which he has no control. 4. It is appropriate for a recommendation from the Planning Commission on the circulation in the area before City Council hears the subdivision project. The motion unanimously carried with Commissioner COLLINS and Vice Chair GOKEY absent. Mr. White will prepare and forward a memo to the City Council informing them of the Commission's action. Planning Commission Page 6 October 7, 1999 i-I City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert, Senior Planner SUBJECT: Case No. ZOA-99-04/Residential Density in Commercial zones DATE: August 13, 1999 Nancy has requested staff to look at our existing regulations pertaining to residential development in commercial zones. Residential units are permitted accessory uses in all of the commercial zone districts (RC-1, RC, C-1 and C-2), however, the language is not specific as to how the allowed density is computed. Please see existing language attached as Exhibit W. This issue came up as a result of the staff report for Case No. WZ-99-07 which was a rezoning from Restricted=Commercial to Restricted-Commercial and Residential-Three. In staff s analysis it was indicated that a commercial structure with five accessory units could be built in the RC district (assuming no rezoning and subdivision) but only three units could be built with the R-3 zoning designation if the southern half of the property were rezoned and subdivided into a new parcel. Here is how these numbers were arrived at: Residential-Three zoning: 13,119 square feet (proposed new lot area) divided by 3630 square feet (density standard for R-3 zoning) = 3.6 dwelling units (rounded down to 3) Restricted-Commercial zoning: 34,690 square feet (total lot area with no rezoning or subdivision) divided by 5000 square feet (density standard for accessory residential units in commercial) = 6.9 dwelling units (rounded down to 6) in addition to any commercial use Nancy is contending that the allowed density for accessory residential units in commercial should be computed removing the area devoted to the commercial use. In other words, the residential density should be figured using the land "left over." She cites the language included in the planned development regulations for residential uses in Planned Commercial Developments. Pursuant to Section 26-25(2)0)(3)(attached), "If the commercial and residential uses are mixed in the same building or for other reasons cannot be clearly separated from the residential area, the land attributable to the commercial use shall be considered to be the building square footage occupied by commercial uses, the required parking, and proportionate share of the common areas, such as ingress-egress, landscaping roadways, etc." It is standard planning practice that mixed use commercialhesidential developments make sense for a lot of reasons including the belief that residents within a development patronize the commercial uses in the same or adjacent developments. Is this something we want to promote in Wheat Ridge? Should developers be encouraged to build ancillary dwelling units at the sake of reducing the amount of commercial square footage allowed? Are we encouraging good design? Should developers be allowed residential units based on increased landscaping or amenities? Are we giving up opportunities for mixed use redevelopment in our commercial activity centers (Chesrown property, for example)? In the proposed Comprehensive Plan we recognize a category called " transitional residential." The intent of transitional residential is to allow "small ground floor retail uses and professional services with residential developments above" but if we give no incentive or have no reasonable standards, how is it going to occur? The City of Wheat Ridge currently has no true mixed-use developments. Staff is concerned that if the definition cited in the planned development regulations is applied to all commercial zone districts, no mixed-use development will be able to occur. The purpose of this memo is to generate discussion. We will have examples of how other cities apply residential standards in commercial zones at the meeting. EW14181-r ;4 § 26-19 WHEAT RIDGE CODE (c) Front setbacks for 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 26-5.3.) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred (100) feet from the front property line. All other accessory buildings not listed shall have a minimum front setback of seventy-five (75) feet. (Ord. No. 1991-878, § 1, 10-18-91; Ord. No. 1993-945, § 4, 12-13-93; Ord. No. 1996-1048, § 10, 10-14-96) Sec. 26-20. Restricted Commercial-One Dis- trict (RC-1). (A) Intent and Purpose: This district is estab- lished to provide for a reasonably compatible transition between residential and more inten- sive commercial land uses. It provides for residen- tial scale, neighborhood-oriented professional of- fices and services which, by their nature and through design limitation, will promote neighbor- hood stability and protect neighborhood values and character. The district also provides limited neighborhood-oriented retail uses by special use approval. (B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter erected, converted or structurally al- tered unless otherwise provided herein except for one (1) or more of the following uses: (1) Art galleries or studios. (2) Banks, loan and finance offices. (3) Clinics and offices for the counseling and treatment of psychological, social, mari- tal, developmental or similar conditions, including counseling and treatment for substance abuse and alcoholism; however, not including residential facilities or res- idential treatment. (4) Community buildings,Y.M.C_Ns,Y.W.C.A's, churches, libraries, parks, museums, aquariums and art galleries. (5) Golf courses (but not including miniature golf or putting ranges, driving ranges, private clubs or restaurants) and those uses commonly accepted as accessory thereto when located on the same prem- ises. (6) Government or quasi-governmental build- ings and offices or public utility building where outside storage, operations or re- pair facilities are not planned. (7) Homes for the aged, nursing homes and congregate care homes. (8) Medical and dental offices, clinics or lab- oratories. (9) Offices, general administrative, business and professional. (10) Parking of automobiles of clients, pa- tients, patrons or customers of the occu- pants of adjacent commercial districts. (11) Schools; public, parochial and private (in- cluding private, vocational trade or pro- fessional schools), colleges, universities, preschools and day nurseries (including those uses commonly accepted as neces- sary thereto when located on the same premises). (12) Service establishments as listed below: (a) Hair, nail and cosmetic services. (b) Interior decorating shop where goods, except samples, are not stored upon the premises. (c) Pickup stations for laundry and dry cleaning. (d) Shoe repair. (e) Studio for professional work or teach- ing of fine arts, photography, music, drama or dance. (f) Tailoring, dressmaking or clothing alteration shop. (g) Watch and jewelry repair. (13) Residential group homes for six (6) to eight (8) elderly persons. (See section 26- 30(P) and section 26-5, Definitions. i (14) Any similar use which, in the opinion of t the zoning administrator or, upon appeal of his decision, of the board of adjustment, would be compatible in character and impact with other uses in the district, would be consistent with the intent of this Supp. No. 22 1722 ZONING AND DEVELOPMENT § 26-20 district, and which would not be objectionable (3) Residential uses in commercial zones shall "2~_ to nearby property by reason of odor, dust, be allowed under the following conditions: fumes, gas, noise, radiation, heat, glare, vibra- tion, traffic generation, parking needs, outdoor (a) Residential use shall be located only storage or use, or is not hazardous to the health on a floor other than the ground and safety of surrounding areas through dan- floor, or if located on the ground ger of fire or explosion. floor, restricted to the rear half of the building. (15) Residential uses as follows: a. Residential uses in existence on (b) Residential dwelling density shall March 11, 1997, shall be allowed to not exceed one (1) dwelling unit for continue to exist as permitted uses. each five thousand (5,000) square Such residential uses may be ex- feet of lot area. tended, enlarged, and/or recon- (c) Residential dwelling units shall be structed so long as no additional no less than five hundred (500) square dwelling units are created, except as feet each. provided in subsection (C)(3) below. b. Commercial uses listed as permitted (d) Parking shall be supplied at the rate or accessory uses within this zone of one (1) space per three hundred district, shall be permitted to occupy (300) square feet of floor area. residential structures in existence (e) Where it is intended to convert an on March 11, 1997, provided that existing residential structure, either commercial development and use partially or wholly, to a commercial standards for parking, landscaping use, then commercial development and residential buffering are met standards shall be applied for park- and that building and fire codes are mg, landscaping and residential buff- - met. The zoning administrator is au Any changes to building floor Bring. thorized to impose additional design area shall fully comply with all corn- and use standards, in order to pro- mercial development standards. tect adjacent residential uses lo- cated within residential or agricul- (f) No new residences as a primary or tural districts, from potential negative principal use shall be allowed. affects or characteristics of the pro- posed commercial use of existing res- (4) Pharmacies and optical stores incidental idential structures. to a medical or dental office within the c. New residences, except for reconstruc- same building. tion of existing residences shall be (5) Other similar uses or structures as ap- permitted only as accessory uses as proved by the zoning administrator or provided under subsection (C)(3) be- board of adjustment and when in conform- low. ance with standards and requirements (C) Permitted Accessory Uses and Accessory set forth for similar uses. Buildings: (1) Food services primarily for the occupants (D) Conditional Uses: The following uses shall.. of a building containing a permitted use, only upon approval of the Wheat when located within the same building. Rdge Planning Commission and city council, Ridge (2) Electric transmission or other public util- following procedures as set forth in section 26- ity lines and poles, irrigation channels, 6(A): storm drainage facilities, and water sup- ply facilities, and other similar facilities. (1) Electric transmission substations. Supp. No. 22 1723 GX.N !B eT '6' § 26-25 WHEAT RIDGE CITY CODE containing dense planting street lighting circuits, except between the front prop- hereinafter provided, to be in- erty line of any use and stalled underground. any outdoor parking or ser- (2) planned Commercial Deuelopments (PCD): vice areas;' (a) Allowable Uses: The following uses • To discourage gated or en- hereinafter listed shall be permitted closed communities; only as specifically designated on • Preserve and enhance pan- the approved final development plan: oramic views by consider- 1. Any use permitted in the Com- ing the relationship of mercial-One (C-1) or Commer- buildings to natural grades cial-Two (C-2) districts. and landscaping to frame 2. Residential uses as approved and enhance view corri- by city council and subject to dors. the conditions set forth in sub- 4. Minimize conflict between ser- section (B)(2) j). vice vehicles, private automo- 3. Accessory uses and buildings biles, bicycles, and pedestrians customarily associated with al- within the site. lowable uses, as shown on the 5. The following design features approved plan. or use attributes should be con- (b) Area: Each Planned Commercial De- sidered as conditions of devel- velopment District shall be a mini- opment approval; mum of one (1) acre. • Outdoor seating areas (c) Height: Commercial structures shall not exceed fifty (50) feet; residential • Useable landscaped, open structures shall not exceed thirty- and/or recreational spaces five (35) feet; residential uses lo- • Affordable housing cated within a commercial structure • Assisted living facilities shall not be permitted above thirty- Pathways to civic uses and five (35) feet. amenities (d) Perimeter Setbacks: Setbacks require- Parking placed totally be- ments for buildings adjacent to the hind the primary struc- perimeter of a Planned Commercial ture, below grade, in a Development District shall be estab- parking structure or lim- fished using setback regulations es- ited to one side of the build- tablished in standard Wheat Ridge Commercial Zone districts. Excep- ing tions to those standards may be ap- P shall arkiking proved by city council, based upon a to be so finding that a lesser setback would, and unobtrusive pleasing pl not be detrimental to the use and residents and adjacent enjoyment of adjacent properties, properties would not negatively affect neighbor- 6. All streets and pedestrian paths hood property values, and would not shall provide access to existing be otherwise injurious to the public or planned thoroughfares with health,, safety and welfare. consideration for safety. (e) Lot Coverage: Maximum ninety (90) 7. All electric, communication util- percent. (See section 26-5 for defini- ity lines and services, and all tion.) Supp. No. 20 1748.2 l~ ZONING AND DEVELOPMENT § 26-25 (f) Landscaping: Minimum ten (10) per- mercial use shall be considered cent. (See section 26-32.) to be the building square foot. (g) Parking: Based upon specific uses. age occupied by commercial (See section 26-31.) uses, the required parking, and (h) Fences and Walls: As specifically de- a proportionate share of the tailed on approved final develop- common areas, such as ingress- egress, landscaping roadways, ment plan, otherwise follow require- etc. Commercial ventures solely meats of section 26-30(I). for the use of residents, such as (i) Signage: As specifically detailed on food service, laundry facilities, an approved final development plan, etc., shall be considered an ame- otherwise follow requirements of nity rather than a*commercial Chapter 26, Article IV. use, and the land and buildings 0) Residential Use Conditions: occupied by such uses are not required to be subtracted from 1. Residential uses shall not ex- the total acreage before comput- ceed thirty-five (35) feet in in the maximum of height. eae-(2i~ units per acre. Sl C16) 2. Residential uses, including as- (3) Planned Industrial Development (PID): sociated parking, land used for buildings, landscaping, etc., (a) Allowable Uses: The following uses shall not exceed twenty-five (25) hereinafter listed shall be permitted percent of the gross area in- only as specifically designated on cluded within a particular the approved final development plan: Planned Commercial Develop- 1. Any use permitted in the Light ment District. Industrial (I) District. 3. Where residential uses are part 2. Other uses approved by the zon- of a Planned Commercial De- ing administrator which are velopment, the land used for similar in character and impact commercial uses shall be calcu- to those uses specifically per- lated separately, and may not mitted under this section when be included in the land area consideration is given to the used calcu the maximum intent and purpose of this sec- ofWunits per acre lion. mandated by the Wheat Ridge 3. Accessory uses and buildings Home Rule Charter. To ensure customarily associated with al- this, where residential uses are lowable uses. part of a Planned Commercial (b) Area: Each Planned Industrial De- Development, the area used for velopment District shall be mini- commercial purposes shall be mum of one (1) acre. clearly delineated on the plan, (c) Height: Maximum fifty (50) feet. including areas used for park- ing, ingress, egress, landscap- ing, etc. If the commercial and residential uses are mixed in the same building or for other reasons cannot be clearly sepa- rated from the residential area, the land attributable to the com- Supp. No. 20 1748.3 Q x O 0 w 'D 0 0 0 D 0 D O O D D 0 W (D C 0 `G `G -O U 'O W CD -0 0 O (D Cn - n N W CD f/J D (D W r 2 m o. - W Z CL Z m v y 0 v o. T T o N n (n m W CL (D d O (D (p T N . w n N N N N N. 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