HomeMy WebLinkAboutZOA-09-01CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 11-2009
Ordinance No. 1440
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE III OF CHAPTER
26 RESIDENTIAL DENSITY IN-PLANNED ZONING DISTRICTS.
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home
Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the
preservation of the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed
amendments implement recommendations from the adopted Neighborhood Revitalization
Strategy; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-303 of the Code is amended to read:
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area: No minimum.
B. Density: Maximum twenty die 1) 6) dwelling units per acre.
C. Height: Maximum thirty-five (35) feet.
D. Landscaping. In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
E. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
F. Fences and walls: In accordance with section 26-603, otherwise as established by the
outline development plan and as specifically detailed on an approved final development plan.
G. Signage: In accordance with article VII, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
H. The requirements of this section shall not apply to impose a density requirement of less than
twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the
PRD district, where such structures and their reconstruction meet all of the following
requirements:
1. The structure was legally in existence on September 8, 1997;
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area
and/or minimum land area per unit requirements for such proposed reconstruction; and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place; or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
1. All planned residential developments shall meet the residential site design standards of article
V unless specifically varied on the outline and final development plan.
J. A planned residential development shall be required for any mobile home park and must meet
the standards for mobile home park design in section 26-506.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1241, § 1, 1-28-02; Ord. No. 1319, § 1, 4-12-04)
Section 2: Section 26-306 of the Code is amended to read:
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically
designated on the approved final development plan:
1. Public and private general hospital.
2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped.
3. Independent living units, homes for the aged, nursing homes, congregate care homes,
hospices or similar residential facilities which are accessory to a hospital or sanitarium principal
use.
4. Accessory uses and structures customarily associated with the permitted uses as shown on
the approved final development plan.
B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as
provided below.
C. Lot width. Two hundred (200) feet minimum.
D. Setback requirements:
1. Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
E. Height:
1. Hospital buildings: Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty
(50) acres in size.
b. Additions attached to existing hospitals may be built to a height not to exceed the height of
the existing building.
2. Offices: Fifty (50) feet maximum.
3. Residential: Thirty-five(35) feet maximum.
4. Accessory: Thirty-five(35) feet maximum.
F. Residential density. No residential development, excluding congregate care homes, nursing
homes or intermediate nursing care facilities, shall exceed twenty one, (21} ixteeff-(16) dwelling
units per acre.
G. Landscaping:
1. Minimum twenty-five (25) percent overall site requirement.
2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned
property.
3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet
the requirements set forth in section 26-502.
H. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
L Fences and walls: In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
J. Signage: In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04)
Section 3: Section 26-306.5 of the Code is amended to read:
Sec. 26-306.5. Planned Mixed Use District.
A. Purpose. This district is established to provide a zoning classification to allow the
integration of residential and commercial uses and development which is consistent with the
surrounding neighborhoods and which meets the intent of the comprehensive plan and the
Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a
higher density than allowed in the planned residential development (PRD) district nor to
circumvent other specific standards of the planned residential and planned commercial districts.
Instead, it is intended to create a zone district which will allow flexibility in use, design, and
orientation while maximizing space, community interest and protecting nearby and adjacent
residential neighborhoods.
B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses
governed by approval of the outline development plan.
C. Area. No minimum.
D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five
(35) feet for structures containing commercial and residential uses; thirty-five (35) feet for
freestanding residential structures.
E. Density. Maximum of twenty-one (21) ix4eeff-(16) units per acre.
F. Landscaping. In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Parking. In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction
of the person or approval body designated as having final approval authority that parking
demand for different uses occurs at different time.
H. Fences and wall. In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
1. Signage. In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 1239, § 1, 1-14-02; Ord. No. 1319, § 1, 4-12-04)
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 the 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 the 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.
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 8 to 0 on this 9th day
of March, 2009, 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 Monday, April 13, 2009, 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
~o to / , this 15 day of 12009.
SIGNED by the Mayor on this 13
ATTEST:
Michael Snow, City Clerk
App ZF
Gerald E. Dahl, City Attorney
First Publication: March 12, 2009
Second Publication: April 16, 2009
Wheat Ridge Transcript:
Effective Date: May 1, 2009
CITY COUNCIL MINUTES: April 13, 2009 Page -3-
2. Council Bill 11-2009 -An Ordinance amending the Wheat Ridge Code of
Laws, Article I I I of Cbapter 26 Density in Planned Development Districts.
(Case No. ZOA-09 0
Mayor DiTullio opened the public hearing.
Council Bill 11-2009 was introduced on second reading by Council Member Adams.
City Clerk Michael Snow assigned Ordinance No. 1440.
Jeff Hirt presented the staff report.
Thomas Slattery of Wheat Ridge spoke in opposition to staffs recommendation for
zoning code amendments that remove consideration of commercial building space in
calculating the residential density on Planned Mixed Use Development zone districts.
Mr. Dahl stated that the Charter language on residential density does not in any way
mention commercial development therefore it would not be against Charter regulations
to remove the commercial factor in PMUD residential calculations.
Mayor DiTullio closed the public hearing.
Motion by Mrs. Adams to adopt Council Bill 11-2009 (Ordinance 1440) for the following
reasons:
1. The amendment aligns the zoning code with the City's Charter relative to
residential density in planned development districts.
2. The amendment implements recommendations from the Neighborhood
Revitalization Strategy, which has been adopted as an amendment to the City's
Comprehensive Plan.
3. The amendment may assist in making desirable projects more economically
viable in the City;
With the following condition:
1. Residential density shall be calculated based on overall lot area in the Planned
Mixed Use District just as it is calculated in other planned development districts,
thus eliminating the last three sentences of Section 26-306.5.E in accordance
with Attachment 4 of this staff report for Council Bill 11-2009.
Seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No.
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ITEM NO:
ITEM ► o, Z
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
April 13, 2009
TITLE: COUNCIL BILL NO. 11-2009: AN ORDINANCE AMENDING
ARTICLE III OF CHAPTER 26 CONCERNING RESIDENTIAL
DENSITY IN PLANNED DEVELOPMENT DISTRICTS (ZOA-09-
01)
® PUBLIC HEARING
❑ BIDS/MOTIONS
❑ RESOLUTIONS
Quasi-judicial: ❑ YES
Community Development ector
EXECUTIVE SUMMARY:
❑ ORDINANCES FOR IsT READING (03/9/2009)
® ORDINANCES FOR 2"o READING (04/13/2009)
® NO
City M r
At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of
proposed short, mid, and long term zoning code amendments. The attached ordinance represents one
amendment from that list.
The attached ordinance proposes amendments to the regulations for maximum residential density in
planned developments, specifically the Planned Residential Development (PRD) and Planned Mixed
Use (PMUD) districts. Staff has also proposed related revisions to the Planned Hospital (PHD)
district. Currently, the maximum density in any planned development district is 16 dwelling units per
acre. Per Section 5.10.1(b) of the city's charter, the maximum density in any zone district is 21
dwelling units per acre. The proposed ordinance matches the charter based maximum residential
density for the PRD, PMUD, and PHD districts.
The Planning Commission reviewed this code amendment at a public hearing held on February 5,
2009 and gave a recommendation of approval.
COMMISSION/BOARD RECOMMENDATION:
The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to
Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on
this amendment was held before the Planning Commission on Thursday, February 5, 2009. Planning
Commission recommended approval of the attached ordinance. Initially, staff proposed an ordinance
that calculated residential density in the Planned Mixed Use (PMUD) district based on total lot area,
rather than the current calculation based on total lot area subtracting a portion of the lot area devoted to
commercial uses. Planning Commission recommended the existing calculation be retained; therefore
this language has been reflected in the proposed ordinance attached to this report. Further discussion of
this issue is provided in this report and with Attachment 1. Also attached are the minutes from the
February 5 public hearing.
STATEMENT OF THE ISSUES:
Current Code
Planned development districts are differentiated from "straight" zone districts (e.g, R-1, R-2, C-1, I) in
that they each contain their own unique set of characteristics including development standards, uses, and
architectural standards. Each planned development is approved as part of a rezoning process, whereas
the straight zone districts have a baseline set of standards and uses without the specific design
parameters a planned development may have such as building footprints, landscaping, and parking. As
stated in Section 26-301A of the Code of Laws, the intent of planned developments is to provide
"greater flexibility and innovation in land development based on a comprehensive, integrated plan".
There are primarily two types of planned developments that contain standards for maximum residential
density - the Planned Residential (PRD) and Planned Mixed Use (PMUD) districts at 16 dwelling units
per acre. There is not however any zone district in the current code that allows new development with a
residential density that matches the city charter limitation of 21 dwelling units per acre.
History
The PMUD district was enacted in 2001 per Case No. ZOA-01-07. The primary concern at that time
related to density was how to calculate it - in other words how residential density could be calculated
where there were commercial or mixed use buildings on the site. The end result is the language in Sec.
26-306.5 that specifies how land area and building footprints may be used to calculate density in the
PMUD district. See Attachment 1 for further discussion and analysis of these provisions. Since the
adoption of this zone district, there is only one development that utilizes this zoning, located at the
southwest corner of 38th Avenue and Depew Street. This property has not yet been developed.
To the best of staff's information, the arrival at 16 dwelling units per acre in the PRD and PMUD
districts came from the recommendation in the city's comprehensive plan, last updated in 2000. In that
document, the land use classification "planned residential development" from the Future Land Use Map
had a maximum of 16 dwelling units/acre at select locations throughout the city.
It is noteworthy that the city is currently undertaking a rewrite of the comprehensive plan, and that the
adopted Neighborhood Revitalization Strategy (NRS) recommends limited allowances for higher
densities while it does not arrive at specific numbers.
It is also important to note that there was a ballot question to eliminate the density and height provisions
in the city charter on the November 2008 ballot that did not pass. Approval of this initiative would have
eliminated the density maximum of 21 dwelling units per acre in the city charter, thereby permitting the
Code of Laws to be modified to allow increased density in individual zone districts perhaps exceeding
21 dwelling units/acre. With the failure of this initiative, no provisions in the Code of Laws may exceed
this 21 dwelling units/acre figure.
Surrounding Jurisdictions
Sixteen jurisdictions in the Denver metro area were surveyed with regards to density provisions in their
municipal codes and charters as part of anecdotal research done by staff. All 16 have higher density
allowances than Wheat Ridge. None of the jurisdictions have any density provisions in their charter
except Wheat Ridge. The average maximum density in base zoning districts (excluding Wheat Ridge's
16 units/acre in PRD and PMUD) from the survey of 16 jurisdictions was 31 dwelling units per acre.
Note that these densities are for base zone districts, not any Planned Unit Development (PUD) districts,
which are the comparable jurisdiction's version of Wheat Ridge's planned development districts.
Nearly all communities have higher density allowances in PUD districts, many without any maximum
TABLE 1: Maximum Density in Base Zone Districts
Note: Higher densities typically allowed in Planned Unit Developments
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Rationale for Amendment
The intent of this amendment is to better accommodate desirable development and redevelopment at
strategic locations in the city. The adopted Neighborhood Revitalization Strategy (NRS) clearly spells
out the recommendation for increased density allowances to further this goal throughout the document,
specifically in Section C.3, recommendation #3 where it states:
"Presently it is not possible under the City's density restrictions to develop housing above retail in
densities needed to support upscale shops. Nor is it possible to build mixed-income housing in
densities needed to breathe new life into commercial corridors."
While the recommended changes do not propose a significant increase in any density allowances in the
city, this modest increase is all that is allowed in the city's current regulatory environment.
It is important to note that staff is not initiating this amendment with the philosophy that higher density
allowances would be beneficial in all areas of the city. On the contrary, the intent is to accommodate
higher densities in areas where it may be appropriate - such as in and around any potential transit-
oriented development (TOD) with the Gold Line coming through the city and near commercial
corridors. There is no intent to accommodate increased densities in any of the city's established single-
family, lower density neighborhoods.
Comprehensive Plan and Future Land Use Map
It is also noteworthy that the city is undertaking a comprehensive plan update this year. As part of this
process, a new Future Land Use Plan Map will be created. This map is a key element in the process for
any type of land use decision. The map will likely identify the aforementioned key areas where
increased density allowances may be desirable, and where existing low density single family
neighborhoods should remain as such.
Market and Economic Conditions
The NRS clearly states that while surrounding jurisdictions have updated their regulations to
accommodate desirable residential and mixed use development, Wheat Ridge has fallen behind in this
regard and may have missed out on development opportunities. For example, page 1 of the NRS under
"A.1" sets this forth. A key component of these regulations is the allowance for higher densities to meet
the financial and economic realities of development in today's market.
Design vs. Density
It is noteworthy that at the time when all the current density maximums were established in the city
charter and the Code of Laws, there were minimal design standards in place to regulate the appearance
of any type of medium- to high-density multi-family residential and mixed-use development. There
were (and are) the baseline standards regarding minimum landscaping, parking, setbacks, and height for
example. But there were no standards for architecture, building orientation, and other measures to
alleviate the aesthetic concerns of any multi-family or mixed use development. In 2003, the Streetscape
and Architectural Design Manual (SADM) was adopted with applicability to multi-family and mixed
use development. In 2007, the Architectural and Site Design Manual (ASDM) was adopted to work in
tandem with the SADM with upgraded standards and clearer procedures.
Comments received from elected and appointed officials as well as citizens during the adoption of the
NRS and the open houses for the zoning code amendments project reflected the importance of design
standards. Several comments taken from the Appendix of the NRS indicated the understanding that
increased density allowances would be beneficial if designed properly, for example:
• "Need higher density for homes if done right and increase our draw like other cities"
• 'Standards - appearance - mish/mosh - higher density with design standards - supports
developing a broad strategy"
• "Apply density requirements where it would make sense and blend into surrounding area"
• "Would support high-end, high density housing"
• "Places where higher density makes sense - high quality"
All applications for Planned Residential Developments and Planned Mixed Use Developments are
subject to the criteria for approving final development plans set forth in Section 26-308 of the Code of
Laws. Regarding design specifically, Section 26-308.D.4.b.4 (approval criteria) states that the
application must comply with the applicable standards of the Architectural and Site Design Manual.
Calculating Density in the Planned Mixed Use (PMUD) Zone District
The current code has specific provisions for how to measure residential density in the PMUD district as
it relates to any mixed use or commercial buildings. Essentially, any land area used for the commercial
or mixed use must be deducted from the overall lot area in calculating residential density. This
effectively reduces the allowed residential density proportionately to the amount of commercial square
footage on a PMUD site. For a further explanation of how this number is calculated, please refer to
Attachment 1 of this report.
ALTERNATIVES CONSIDERED:
Do not approve the proposed legislation.
Only approve the proposed legislation in select planned development districts - either the
Planned Residential (PRD), Planned Mixed Use (PMUD), or Planned Hospital (PHD)
districts.
Approve the legislation and eliminate the current method of calculating density in the
Planned Mixed Use District (PMUD). Staff originally proposed calculating residential
density in the PMUD district based on overall lot size rather than the existing method of
calculation. The Planning Commission vote at the February 5, 2009 public hearing was a
vote to keep the current PMUD density calculations.
FINANCIAL IMPACT:
Increased residential density allowances may make projects more economically viable, which in turn
could have financial implications for the city.
RECOMMENDED MOTION:
"I move to adopt Council Bill No. 11-2009, Case #ZOA-09-01, an ordinance amending Article III of
Chapter 26 of the Code of Laws concerning residential density in planned development districts on
second reading and that it take effect 15 days after final publication for the following reasons:
1. The amendment aligns the zoning code with the city's charter relative to residential density in
planned development districts.
2. The amendment implements recommendations from the Neighborhood Revitalization Strategy,
which has been adopted as an amendment to the city's Comprehensive Plan.
3. The amendment may assist in making desirable projects more economically viable in the city."
Or,
"I move to table indefinitely Council Bill No. 11-2009, Case #ZOA-09-0 1, an ordinance amending
Article III of Chapter 26 of the Code of Laws concerning residential density in planned development
districts, for the following reasons: "
Or,
"I move to adopt Council Bill No. 11-2009, Case #ZOA-09-01, an ordinance amending Article III of
Chapter 26 of the Code of Laws concerning residential density in planned development districts on
second reading and that it take effect 15 days after final publication for the following reasons:
1. The amendment aligns the zoning code with the city's charter relative to residential density in
planned development districts.
2. The amendment implements recommendations from the Neighborhood Revitalization Strategy,
which has been adopted as an amendment to the city's Comprehensive Plan.
3. The amendment may assist in making desirable projects more economically viable in the city.
With the following conditions:
1. Residential density shall be calculated based on overall lot area in the Planned Mixed Use
District just as it is calculated in other planned development districts, thus eliminating the last
three sentences of Section 26-306.5.E. in accordance with Attachment 4 of this staff report for
Council Bill 11-2009."
Report Initiated by:
Report Prepared by:
Report Reviewed by.
Jeff Hirt
Jeff Hirt
Meredith Reckert & Kenneth Johnstone
ATTACHMENTS:
1. Planned Mixed Use (PMUD) Density Calculations
2. Council Bill No. 11-2009
3. Planning Commission Minutes
4. Section 26-306.5 Alternative Language
ATTACHMENT 1: PMUD DENSITY CALCULATIONS
The purpose of this attachment is to clarify how residential density is calculated in the current planned
mixed use (PMUD) zone district, and to illustrate how modifications to this method of calculation may
impact any proposed density calculations.
First, it is important to understand that the city charter contains restrictions on residential density,
specifically related to how the density is calculated. The following language is taken from Section
5. 10.1 of the charter:
b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or
other action, allow the construction of residential buildings in any zone district which exceed a
maximum of twenty-one (21) family units per acre, except that nursing homes shall not be required
to meet this density maximum. In order that land required to support a previous building permit not
be used again as a means of circumventing the above maximum, the following shall apply: No
subdivision, variance, rezoning or permit shall be approved or granted on said land which subtracts
the supporting land and thereby leaves the existing building nonconforming by these standards. The
maximum of twenty-one (21) units per acre shall apply to the total parcel, including both
existing and proposed construction.
Calculating residential density in the PMUD district from the current code Section 26.306.5 reads as
follows:
E. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, excluding
parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the
commercial and residential uses are mixed in the same building, the land attributable to the
commercial use shall be considered to be one-half (1/2) of the building footprint. If the
commercial and residential uses are in separate buildings, the land attributable to the commercial
use shall be considered to be the entire commercial building footprint.
This provision has only been applied once, as there is only one PMUD zoned property in the city.
Essentially, the calculation can be summarized as follows with different scenarios:
• Separate commercial and residential buildings: The building footprint of the commercial
building is deducted from the total lot area in calculating the residential density.
• Separate mixed use and residential buildings: %2 of the building footprint of the mixed use
building is deducted from the lot area in calculating the residential density.
• One mixed use building: %2 of the building footprint is deducted from the lot area in calculating
the residential density.
• Multiple mixed use buildings: %2 of the building footprint of all the mixed use buildings is
deducted from the lot area in calculating the residential density
The following examples illustrate how the current code and proposed changes would apply in different
specific situations. Ultimately, the more nonresidential or mixed use building footprint on a site, the
less residential units are allowed under the current code.
7
Calculating Residential Densit
y . Example
Separate commercial and resi
dential buildings
Lot Size
100,000
Commercial land area/building
footprint
20,000
Residential land area/building
foot rint
30,000
Maximum allowable
Current code
29 units allowed
residential dwelling units
(subtracting
(16 du/acre = 1 unit12,722
commercial building
square feet)
footprint = 80,000 lot
area
If calculated based
36 units allowed
on overall lot size
Calculating dResidential Densit
y
Separate commercial and resi
dential buildings
Lot Size
100,000
Commercial land area/building
footprint
50,000
Residential land area/building
foot rint
30,000
Maximum allowable
Current code
18 units allowed
residential dwelling units
(subtracting
(16 du/acre = 1 unit12,722
commercial building
square feet)
footprint = 50,000 lot
area
If calculated based
36 units allowed
on overall lot size
Calculating Res
idential
Separate mixed use and res
idential buildings
Size
100,000
Mixed use land area/building
footprint
20,000
Residential land area/buildin
g foot rint
30,000
Maximum allowable
Current code
33 units allowed
residential dwelling units
(subtracting mixed
(16 du/acre = 1 unit/2,722
use building
square feet)
footprint12 = 90,000
lot area
If calculated based
36 units allowed
on overall lot size
Calculating • Dens
ity
Separate mixed use and resi
dential buildings
Lot Size
100,000
Mixed use land area/building
footprint
50,000
Residential land area/buildin
g foot rint
30,000
Maximum allowable
Current code
27 units allowed
residential dwelling units
(subtracting mixed
(16 du/acre = 1 unit/2,722
building footprint/2 =
square feet)
75,000 lot area
If calculated based
36 units allowed
on overall lot size
"bad U69
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ADAMS
Council Bill No. 11-2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE III OF CHAPTER
26 RESIDENTIAL DENSITY IN PLANNED ZONING DISTRICTS.
(CASE NO. ZOA-08-10)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home
Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the
preservation of the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed
amendments implement recommendations from the adopted Neighborhood Revitalization
Strategy; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-303 of the Code is amended to read:
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area: No minimum.
B. Density: Maximum sixteen ) dwelling units per acre.
C. Height: Maximum thirty-five (35) feet.
D. Landscaping: In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
E. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
F. Fences and walls: In accordance with section 26-603, otherwise as established by the
outline development plan and as specifically detailed on an approved final development plan.
G. Signage: In accordance with article VII, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
H. The requirements of this section shall not apply to impose a density requirement of less than
twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the
PRD district, where such structures and their reconstruction meet all of the following
requirements:
1. The structure was legally in existence on September 8, 1997;
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area
and/or minimum land area per unit requirements for such proposed reconstruction; and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place; or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
I. All planned residential developments shall meet the residential site design standards of article
V unless specifically vaned on the outline and final development plan.
J. A planned residential development shall be required for any mobile home park and must meet
the standards for mobile home park design in section 26-506.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1241, § 1, 1-28-02; Ord. No. 1319, § 1, 4-12-04)
Section 2: Section 26-306 of the Code is amended to read:
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically
designated on the approved final development plan:
1. Public and private general hospital.
2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped.
3. Independent living units, homes for the aged, nursing homes, congregate care homes,
hospices or similar residential facilities which are accessory to a hospital or sanitarium principal
use.
4. Accessory uses and structures customarily associated with the permitted uses as shown on
the approved final development plan.
B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as
provided below.
C. Lot width. Two hundred (200) feet minimum.
D. Setback requirements:
1. Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
E. Height:
1. Hospital buildings: Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty
(50) acres in size.
b. Additions attached to existing hospitals may be built to a height not to exceed the height of
the existing building.
2. Offices: Fifty (50) feet maximum.
3. Residential: Thirty-five(35) feet maximum.
4. Accessory: Thirty-five(35) feet maximum.
F. Residential density. No residential development, excluding congregate care homes, nursing
.m
6) dwelling
homes or intermediate nursing care facilities, shall exceed 7,o~ sixteen
units per acre.
G. Landscaping:
1. Minimum twenty-five (25) percent overall site requirement.
2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned
property.
3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet
the requirements set forth in section 26-502.
H. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
1. Fences and walls: In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
J. Signage: In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04)
Section 3: Section 26-306.5 of the Code is amended to read:
Sec. 26-306.5. Planned Mixed Use District.
A. Purpose. This district is established to provide a zoning classification to allow the
integration of residential and commercial uses and development which is consistent with the
surrounding neighborhoods and which meets the intent of the comprehensive plan and the
Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a
higher density than allowed in the planned residential development (PRD) district nor to
circumvent other specific standards of the planned residential and planned commercial districts.
Instead, it is intended to create a zone district which will allow flexibility in use, design, and
orientation while maximizing space, community interest and protecting nearby and adjacent
residential neighborhoods.
B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses
governed by approval of the outline development plan.
C. Area. No minimum.
D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five
(35) feet for structures containing commercial and residential uses; thirty-five (35) feet for
freestanding residential structures.
E. Density. Maximum of tw p e i) sixteen (16) units per acre. Land used for commercial
uses, excluding parking, may not be used to calculate the maximum of sixteen (16) units per
acre. If the commercial and residential uses are mixed in the same building, the land attributable
to the commercial use shall be considered to be one-half ( 1/2) of the building footprint. If the
commercial and residential uses are in separate buildings, the land attributable to the commercial
use shall be considered to be the entire commercial building footprint.
F. Landscaping. hi accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Parking. In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction
of the person or approval body designated as having final approval authority that parking
demand for different uses occurs at different time.
H. Fences and wall. In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
1. Signage. In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 1239, § 1, 1-14-02; Ord. No. 1319, § 1, 4-12-04)
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; Conflictive Ordinances Repealed. If any section, subsection or
clause of the 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 the 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 8 to 0 on this 9th day
of March, 2009, 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 Monday, April 13, 2009, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29`]' Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to , this day of '12009.
SIGNED by the Mayor on this day of 12009.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: March 12, 2009
Second Publication:
Wheat Ridge Transcript:
Effective Date:
ATTACHMENT 3: PLANNING COMMISSION MINUTES
C. Case No, ZOA-04-01: An ordinance amending Article III of Chapter 26
concct&ning residential density in planned development disaicts.
This vise was presented by Kcn Johnstone. Ile reviewed the staff rcpart and
digital presentation fhe ordinance pmposes amendments to regulations for
maximum residential density in planned developments, apLciGenily the Planned
Residential Dcvclopment (PRD) and Planned Mixed Use Development (Y-MLID)
districts. Related revisions to the Planner! Hospital Development district (Plifi)
arc propmsed.
Vice Chair MATTHEWS asked to hear from atembers of the public.
Thomas Slattery
6864 Writ 3200 Avenue
Mi-. Slattery stated that he had no problem with 21 rants per acre. He did have a
problem with using total land area for density calculation because he W- ieves it
violates the intent of die charter.
Planning Commission Ntinukes 3 February s, 2DO9
Nancy Snow
11155 West 40`r' Avenue
Ms. Snow encouraged the Cnrrimimion LA) think independently and consider
neighbors' Wi hes_ Site did not believe the majority of people attending public
meetings wen in favor of increasing density. She did not hc[icvc higber densities
were necessary when Wheat Ridge has one of the highest ratios of rentals in the
metro area. She expressed opposition to high density living arrangements that
lead to tension caused by people living in such close proximity to one another.
She stated that the charter's intent is that you don't use the same land twice by
using it for commercial and residential-
Janet Bell
10045 W. 4416 Avenue
Ms. Bell expressed concern about ntanhcn that say there should be more
commercial than residential space- For example, if a building is built for mixed
use, dines the first floor commercial have to have more of a footprint than the
residential tints on the second floor; would it be a commercial err residential
building. how high could a mixed us r 55 feet? She stated that
architectural design and Fmffering ar Document Image an increased density. She
suggested that the ordinance is too specific and there is a need for flexibility to lx:
able to set parameters for specific sites,
Mr. Johnstone stated that it is not proposed to change the 35-foot height limit in a
mixed use district as set forth in the, charter.
In response w Ms. Bell's concerns, Mr. Johnstone stated that the ordinance is
attempting to simplify calculations and allow ibr increased density in mixed use
projects. It is also an attempt to kip from penalizing someonc who wants to do a
mixed use development-
Conunissioner STEWART suggested that there should be a requirement for play
areas and park space. She expressed conctin that children who live in these
developments should have places to play, Mr. Johnstone commented Hutt there
are. mquitertients for developers to provide parkland dedication or fees in lieu of
dedication as well as on-site landscaped areas.
Commissioner R FiNHART expressed concern about the math calculations for
mixed it-re development. He expressed concern that the charter could be skirted
by pretending that commercial is not a part of the total build-out on a site.
It was moved by Commissioner REINHART and seconded by Commissioner
DWYER to recommend approval of the proposed ordinance amending
Article III of Chapter 26 concerning residential density in planned
development districts excepting the changes proposed relating to the
computation of density in Planned Mixed Use Development. The motion
passed 6-0.
Planning, conunisAan Mtinutm 4 ftbruary S, VD9
ATTACHMENT 4: SEC. 26-306.5 ALTERNATIVE LANGUAGE
Sec. 26-306.5. Planned Mixed Use District.
A. Purpose. This district is established to provide a zoning classification to allow the
integration of residential and commercial uses and development which is consistent with the
surrounding neighborhoods and which meets the intent of the comprehensive plan and the
Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a
higher density than allowed in the planned residential development (PRD) district nor to
circumvent other specific standards of the planned residential and planned commercial districts.
Instead, it is intended to create a zone district which will allow flexibility in use, design, and
orientation while maximizing space, community interest and protecting nearby and adjacent
residential neighborhoods.
B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses
governed by approval of the outline development plan.
C. Area. No minimum.
D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five
(35) feet for structures containing commercial and residential uses; thirty-five (35) feet for
freestanding residential structures.
E. Density. Maximum of twenty-one (21) sixteen 6) units per acre. LaRd used for eenifner-eial
acre. if the eemner-eial and residetAial uses af-e mhEed in the same building, the land aa6butable
use shall be eensidered to be the entire eenunereial building feetpriat.
F. Landscaping. In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Parking. In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction
of the person or approval body designated as having final approval authority that parking
demand for different uses occurs at different time.
H. Fences and wall. In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
I. Signage. In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 1239, § 1, 1-14-02; Ord. No. 1319, § 1, 4-12-04)
11
1K
* City of
WheatRidge
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: March 9, 2009
TITLE: COUNCIL BILL NO. 11-2009 - AN ORDINANCE AMENDING
ARTICLE III OF CHAPTER 26 CONCERNING RESIDENTIAL
DENSITY IN PLANNED DEVELOPMENT DISTRICTS (ZOA-09-
01)
❑ PUBLIC HEARING ® ORDINANCES FOR 11T READING (03/9/2009)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (04/13/2009)
❑ RESOLUTIONS
Quasi-judicial:
City Mana r
At the July 7, 2008 City Council study session, Council directed staff to move forward with the list of
proposed short, mid, and long term zoning code amendments. The attached ordinance represents one
amendment from that list.
The attached ordinance proposes amendments to the regulations for maximum residential density in
planned developments, specifically the Planned Residential Development (PRD) and Planned Mixed
Use (PMUD) districts. Staff has also proposed related revisions to the Planned Hospital (PHD)
district. Currently, the maximum density in any planned development district is 16 dwelling units per
acre. Per Section 5.10.1(b) of the city's charter, the maximum density in any zone district is 21
dwelling units per acre. The proposed ordinance matches the charter based maximum residential
density for the PRD, PMUD, and PHD districts.
The Planning Commission reviewed this code amendment at a public hearing held on February 5,
2009 and gave a recommendation of approval.
COMMISSION/BOARD RECOMMENDATION:
The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to
Chapter 26 require review and a recommendation from the Planning Commission. A public hearing on
EXECUTIVE SUMMARY:
this amendment was held before the Planning Commission on Thursday, February 5, 2009. Planning
Commission recommended approval of the attached ordinance. Initially, staff proposed an ordinance
that calculated residential density in the Planned Mixed Use (PMUD) district based on total lot area,
rather than the current calculation based on total lot area subtracting a portion of the lot area devoted to
commercial uses. Planning Commission recommended the existing calculation be retained; therefore
this language has been reflected in the proposed ordinance attached to this report.
STATEMENT OF THE ISSUES:
Current Code
Planned development districts are differentiated from "straight" zone districts (e.g, R-1, R-2, C-1, I) in
that they each contain their own unique set of characteristics including development standards, uses, and
architectural standards. Each planned development is approved as part of a rezoning process, whereas
the straight zone districts have a baseline set of standards and uses without the specific parameters a
planned development may have such as building footprints, landscaping, and parking. As stated in
Section 26-301A of the Code of Laws, the intent of planned developments is to provide "greater
flexibility and innovation in land development based on a comprehensive, integrated plan".
There are primarily two types of planned developments that contain standards for maximum residential
density - the Planned Residential (PRD) and Planned Mixed Use (PMUD) districts at 16 dwelling units
per acre. There is not however any zone district in the current code that allows new development with a
residential density that matches the city charter limitation of 21 dwelling units per acre.
History
The PMUD district was enacted in 2001 per Case No. ZOA-01-07. The primary concern at that time
related to density was how to calculate it - in other words how residential density could be calculated
where there were commercial or mixed use buildings on the site. The end result is the language in Sec.
26-306.5 that specifies how land area and building footprints may be used to calculate density in the
PMUD district. See Attachment 1 for further discussion and analysis of these provisions. Since the
adoption of this zone district, there is only one development that utilizes this zoning, located at the
southwest corner of 38th Avenue and Depew Street. This property has not yet been developed.
To the best of staff's information, the arrival at 16 dwelling units per acre in the PRD and PMUD
districts came from the recommendation in the city's comprehensive plan, last updated in 2000. In that
document, the land use classification "planned residential development" from the Future Land Use Map
had a maximum of 16 dwelling units/acre at select locations throughout the city.
It is noteworthy that the city is currently undertaking a rewrite of the comprehensive plan, and that the
adopted Neighborhood Revitalization Strategy (NRS) recommends limited allowances for higher
densities while it does not arrive at specific numbers.
It is also important to note that there was a ballot question to eliminate the density and height provisions
in the city charter on the November 2008 ballot that did not pass. Approval of this initiative would have
eliminated the density maximum of 21 dwelling units per acre in the city charter, thereby permitting the
Code of Laws to be modified to allow increased density in individual zone districts perhaps exceeding
21 dwelling units/acre. With the failure of this initiative, no provisions in the Code of Laws may exceed
this 21 dwelling units/acre figure.
Surrounding Jurisdictions
Sixteen jurisdictions in the Denver metro area were surveyed with regards to density provisions in their
municipal codes and charters as part of anecdotal research done by staff. All 16 have higher density
allowances than Wheat Ridge. None of the jurisdictions have any density provisions in their charter
except Wheat Ridge. The average maximum density in base zoning districts (excluding Wheat Ridge's
16 units/acre in PRD and PMUD) from the survey of 16 jurisdictions was 31 dwelling units per acre.
Note that these densities are for base zone districts, not any Planned Unit Development (PUD) districts,
which are the comparable jurisdiction's version of Wheat Ridge's planned development districts.
Nearly all communities have higher density allowances in PUD districts, many without any maximum
amounts specified in their code.
TABLE 1: Maximum Density in Base Zone Districts
Note: Higher densities typically allowed in planned Unit Developments
70
58
60
50
50
4
0
1
.
40
30 27.2
30
2
2 21.8
22
20.8 20 ,18
20
12
10
0-
°t
°C~o
y
,pi
k`~~a
~+~l
'F°
eC
°a
°a
C
P
~`C
QeC
G°o'~
pj
PJ(
'
'CA
eye°
°
°J
\
aC, o
t
\
yoo
°ri ~o~ P
~cp
C f r0a
e`
Rationale for Amendment
The intent of this amendment is to better accommodate desirable development and redevelopment at
strategic locations in the city. The adopted Neighborhood Revitalization Strategy (NRS) clearly spells
out the recommendation for increased density allowances to further this goal throughout the document,
specifically in Section C.3, recommendation #3 where it states:
"Presently it is not possible under the City's density restrictions to develop housing above retail in
densities needed to support upscale shops. Nor is it possible to build mixed-income housing in
densities needed to breathe new life into commercial corridors.
While the recommended changes do not propose a significant increase in any density allowances in the
city, this modest increase is all that is allowed in the city's current regulatory environment.
It is important to note that staff is not initiating this amendment with the philosophy that higher density
allowances would be beneficial in all areas of the city. On the contrary, the intent is to accommodate
higher densities in areas where it may be appropriate - such as in and around any potential transit-
oriented development (TOD) with the Gold Line coming through the city and near commercial
corridors. There is no intent to accommodate increased densities in any of the city's established single-
family, lower density neighborhoods.
Comprehensive Plan and Future Land Use Map
It is also noteworthy that the city is undertaking a comprehensive plan update this year. As part of this
process, a new Future Land Use Plan Map will be created. This map is a key element in the process for
any type of land use decision. The map will likely identify the aforementioned key areas where
increased density allowances may be desirable, and where existing low density single family
neighborhoods should remain as such.
Market and Economic Conditions
The NRS clearly states that while surrounding jurisdictions have updated their regulations to
accommodate desirable residential and mixed use development, Wheat Ridge has fallen behind in this
regard and may have missed out on development opportunities. For example, page 1 of the NRS under
"A.1" sets this forth. A key component of these regulations is the allowance for higher densities to meet
the financial and economic realities of development in today's market.
Design vs. Density
It is noteworthy that at the time when all the current density maximums were established in the city
charter and the Code of Laws, there were minimal design standards in place to regulate the appearance
of any type of medium- to high-density multi-family residential and mixed-use development. There
were (and are) the baseline standards regarding minimum landscaping, parking, setbacks, and height for
example. But there were no standards for architecture, building orientation, and other measures to
alleviate the aesthetic concerns of any multi-family or mixed use development. In 2003, the Streetscape
and Architectural Design Manual (SADM) was adopted with applicability to multi-family and mixed
use development. In 2007, the Architectural and Site Design Manual (ASDM) was adopted to work in
tandem with the SADM with upgraded standards and more clear procedures.
Comments received from elected and appointed officials as well as citizens during the adoption of the
NRS and the open houses for the zoning code amendments project reflected the importance of design
standards. Several comments taken from the Appendix of the NRS indicated the understanding that
increased density allowances would be beneficial if designed properly, for example:
• "Need higher density for homes if done right and increase our draw like other cities"
• "Standards - appearance - mish/mosh - higher density with design standards - supports
developing a broad strategy"
• "Apply density requirements where it would make sense and blend into surrounding area"
• "Would support high-end, high density housing"
• "Places where higher density makes sense - high quality"
All applications for Planned Residential Developments and Planned Mixed Use Developments are
subject to the criteria for approving final development plans set forth in Section 26-308 of the Code of
Laws. Regarding design specifically, Section 26-308.D.4.b.4 (approval criteria) states that the
application must comply with the applicable standards of the Architectural and Site Design Manual.
Calculating Density in the Planned Mixed Use (PMUD) Zone District
The current code has specific provisions for how to measure residential density in the PMUD district as
it relates to any mixed use or commercial buildings. Essentially, any land area used for the commercial
or mixed use must be deducted from the overall lot area in calculating residential density. This
effectively reduces the allowed residential density proportionately to the amount of commercial square
footage on a PMUD site. For a further explanation of how this number is calculated, please refer to
Attachment 1 of this report.
ALTERNATIVES CONSIDERED:
Do not approve the proposed legislation.
Only approve the proposed legislation in select planned development districts - either the
Planned Residential (PRD), Planned Mixed Use (PMUD), or Planned Hospital (PHD)
districts.
• Approve the legislation and eliminate the current method of calculating density in the
Planned Mixed Use District (PMUD). Staff originally proposed calculating residential
density in the PMUD district based on overall lot size, rather than the existing method of
calculation. The Planning Commission vote at the February 5, 2009 public hearing was a
vote to keep the current PMUD density calculations.
FINANCIAL IMPACT:
Increased residential density allowances may make projects more economically viable, which in turn
could have financial implications for the city.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 11-2009, Case #ZOA-09-01, an ordinance amending Article III of
Chapter 26 of the Code of Laws concerning residential density in planned development districts on first
reading, order it published, public hearing set for Monday, April 13, 2009 at 7:00 p.m. in the City
Council Chambers, at that it take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill No. 11-2009, Case #ZOA-09-011 an ordinance amending
Article III of Chapter 26 of the Code of Laws concerning residential density in planned development
districts, for the following reason(s): "
Report Initiated by: Jeff Hirt
Report Prepared by: Jeff Hirt
Report Reviewed by: Meredith Reckert & Kenneth Johnstone
ATTACHMENTS:
1. Planned Mixed Use (PMUD) Density Calculations
2. Council Bill No. 11-2009
ATTACHMENT 1: PMUD DENSITY CALCULATIONS
The purpose of this attachment is to clarify how residential density is calculated in the current planned
mixed use (PMUD) zone district, and to illustrate how modifications to this method of calculation may
impact any proposed density calculations.
First, it is important to understand that the city charter contains restrictions on residential density,
specifically related to how the density is calculated. The following language is taken from Section
5. 10.1 of the charter:
b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or
other action, allow the construction of residential buildings in any zone district which exceed a
maximum of twenty-one (21) family units per acre, except that nursing homes shall not be required
to meet this density maximum. In order that land required to support a previous building permit not
be used again as a means of circumventing the above maximum, the following shall apply: No
subdivision, variance, rezoning or permit shall be approved or granted on said land which subtracts
the supporting land and thereby leaves the existing building nonconforming by these standards. The
maximum of twenty-one (21) units per acre shall apply to the total parcel, including both
existing and proposed construction.
Calculating residential density in the PMUD district from the current code Section 26.306.5 reads as
follows:
E. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, excluding
parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the
commercial and residential uses are mixed in the same building, the land attributable to the
commercial use shall be considered to be one-half (1/2) of the building footprint. If the
commercial and residential uses are in separate buildings, the land attributable to the commercial
use shall be considered to be the entire commercial building footprint.
This provision has only been applied once, as there is only one PMUD zoned property in the city.
Essentially, the calculation can be summarized as follows with different scenarios:
• Separate commercial and residential buildings: The building footprint of the commercial
building is deducted from the total lot area in calculating the residential density.
• Separate mixed use and residential buildings: %2 of the building footprint of the mixed use
building is deducted from the lot area in calculating the residential density.
• One mixed use building: %2 of the building footprint is deducted from the lot area in calculating
the residential density.
• Multiple mixed use buildings: %2 of the building footprint of all the mixed use buildings is
deducted from the lot area in calculating the residential density
The following examples illustrate how the current code and proposed changes would apply in different
specific situations. Ultimately, the more nonresidential or mixed use building footprint on a site, the
less residential units are allowed under the current code.
Calculating Residential Densit
y . Example
Separate resi
dential buildings
Size
100,000
Commercial land area/building
footprint
20,000
Residential land area/building
foot rint
30,000
Maximum allowable
Current code
29 units allowed
residential dwelling units
(subtracting
(16 du/acre = 1 unit12,722
commercial building
square feet)
footprint = 80,000 lot
area
If calculated based
36 units allowed
on overall lot size
Residential Calculating
Example
Separate commercial and resi
dential
Lot Size
100,000
Commercial land area/building
footprint
50,000
Residential land area/building
foot rint
30,000
Maximum allowable
Current code
18 units allowed
residential dwelling units
(subtracting
(16 du/acre= 1 unit/2,722
commercial building
square feet)
footprint = 50,000 lot
area
If calculated based
36 units allowed
on overall lot size
Calculating Residential
Separate mixed use and residential buildings
Lot Size
100,000
Mixed use land area/buildingfootprint '
20,000
Residential land area/building
foot Tint
30,000
Maximum allowable
Current code
33 units allowed
residential dwelling units
(subtracting mixed
(16 du/acre = 1 unit/2,722
use building
square feet)
footprint/2 = 90,000
lot area
If calculated based
36 units allowed
on overall lot size
Residential Calculating
D
Separate mixed use and resi
dential buildings
Lot Size
100,000
Mixed use land area/building
footprint
50,000
Residential land area/buildin
g foot rint
30,000
Maximum allowable
Current code
27 units allowed
residential dwelling units
(subtracting mixed
(16 du/acre = 1 unit12,722
building footprint12 =
square feet)
75,000 lot area
If calculated based
36 units allowed
on overall lot size
MUM
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 11-2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE III OF CHAPTER
26 RESIDENTIAL DENSITY IN PLANNED ZONING DISTRICTS (CASE NO.
ZOA-08-10)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home
Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the
preservation of the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed
amendments implement recommendations from the adopted Neighborhood Revitalization
Strategy; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-303 of the Code is amended to read:
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area. No minimum.
B. Density: Maximum twenty.. one,(21) sWeen 16) dwelling units per acre.
C. Height: Maximum thirty-five (35) feet.
D. Landscaping: In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
E. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
F. Fences and walls: In accordance with section 26-603, otherwise as established by the
outline development plan and as specifically detailed on an approved final development plan.
G. Signage: In accordance with article VII, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
H. The requirements of this section shall not apply to impose a density requirement of less than
twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the
PRD district, where such structures and their reconstruction meet all of the following
requirements:
1. The structure was legally in existence on September 8, 1997;
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area
and/or minimum land area per unit requirements for such proposed reconstruction; and
3. Such reconstruction is restricted to replacement of the structure which has been destroyed.
This exemption shall not apply to:
1. New construction where no replacement of a preexisting structure takes place; or
2. Reconstruction of structures which were not legally in existence (as distinguished from legal
nonconforming structures).
1. All planned residential developments shall meet the residential site design standards of article
V unless specifically varied on the outline and final development plan.
J. A planned residential development shall be required for any mobile home park and must meet
the standards for mobile home park design in section 26-506.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1241, § 1, 1-28-02; Ord. No. 1319, § 1, 4-12-04)
Section 2: Section 26-306 of the Code is amended to read:
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically
designated on the approved final development plan:
1. Public and private general hospital.
2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped.
3. Independent living units, homes for the aged, nursing homes, congregate care homes,
hospices or similar residential facilities which are accessory to a hospital or sanitarium principal
use.
4. Accessory uses and structures customarily associated with the permitted uses as shown on
the approved final development plan.
B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as
provided below.
C. Lot width. Two hundred (200) feet minimum.
D. Setback requirements:
1. Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to
provide a minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
E. Height:
1. Hospital buildings: Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty
(50) acres in size.
b. Additions attached to existing hospitals may be built to a height not to exceed the height of
the existing building.
2. Offices: Fifty (50) feet maximum.
3. Residential: Thirty-five(35) feet maximum.
4. Accessory: Thirty-five(35) feet maximum.
F. Residential density. No residential development, excluding congregate care homes, nursing
homes or intermediate nursing care facilities, shall exceed twentyone:shaeen (16) dwelling
units per acre.
G. Landscaping:
1. Minimum twenty-five (25) percent overall site requirement.
2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned
property.
3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet
the requirements set forth in section 26-502.
H. Parking: In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
1. Fences and walls: In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
J. Signage: In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04)
Section 3: Section 26-306.5 of the Code is amended to read:
Sec. 26-306.5. Planned Mixed Use District.
A. Purpose. This district is established to provide a zoning classification to allow the
integration of residential and commercial uses and development which is consistent with the
surrounding neighborhoods and which meets the intent of the comprehensive plan and the
Streetscape and Architectural Design Manual. It is not intended to be used solely to permit a
higher density than allowed in the planned residential development (PRD) district nor to
circumvent other specific standards of the planned residential and planned commercial districts.
Instead, it is intended to create a zone district which will allow flexibility in use, design, and
orientation while maximizing space, community interest and protecting nearby and adjacent
residential neighborhoods.
B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses
governed by approval of the outline development plan.
C. Area. No minimum.
D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five
(35) feet for structures containing commercial and residential uses; thirty-five (35) feet for
freestanding residential structures.
E. Density. Maximum of twenty-one (21) °h 16) units per acre. Land used for commercial
uses, excluding parking, may not be used to calculate the maximum of sixteen (16) units per
acre. If the commercial and residential uses are mixed in the same building, the land attributable
to the commercial use shall be considered to be one-half ( 1/2) of the building footprint. If the
commercial and residential uses are in separate buildings, the land attributable to the commercial
use shall be considered to be the entire commercial building footprint.
F. Landscaping. In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Parking. In accordance with section 26-501, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction
of the person or approval body designated as having final approval authority that parking
demand for different uses occurs at different time.
H. Fences and wall. In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
I. Signage. In accordance with article VII, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
(Ord. No. 1239, § 1, 1-14-02; Ord. No. 1319, § 1, 4-12-04)
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 the 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 the 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 9th
day of March, 2009, 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 Monday, April 13, 2009,
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 2009.
SIGNED by the Mayor on this day of '12009.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript:
Effective Date:
approval of a rezoning from Residential Two and Commercial One to
Planned Commercial Development, and an Outline Development Plan for
property located at 10403 West 44th Avenue, for the following reasons:
1. The proposed zone change is consistent with the goals and objectives
of the Comprehensive Plan and the Fruitdale Subarea Plan.
2. The proposed zone change is compatible with the surrounding area as
a low impact non-residential use.
3. The proposed zone change will not adversely impact the public health,
safety or welfare.
With the following conditions:
1. Under the allowed uses on page 1 of the Outline Development Plan,
insert the uses "single and two-family dwellings" and "single and two-
family dwellings as ancillary to an allowed non residential use" as
allowable uses and eliminate the phrase "all uses allowed in
accordance with Section 26-204 for the Residential Two zone district."
2. The applicant must receive a certificate of occupancy for a
commercial use to operate the business, which may include
application for an additional building permit and interior
modifications.
3. The applicant must receive a business license to operate the business.
4. The ODP shall comply with Section 26-614 for trash enclosure and
screening for commercial properties.
Motion passed 6-0.
C. Case No. ZOA-09-01: An ordinance amending Article III of Chapter 26
concerning residential density in planned development districts.
.sF This case was presented by Ken Johnstone. He reviewed the staff report and
digital presentation. The ordinance proposes amendments to regulations for
maximum residential density in planned developments, specifically the Planned
Residential Development (PRD) and Planned Mixed Use Development (PMUD)
districts. Related revisions to the Planned Hospital Development district (PHD)
are proposed.
Vice Chair MATTHEWS asked to hear from members of the public.
Thomas Slattery
6869 West 32nd Avenue
Mr. Slattery stated that he had no problem with 21 units per acre. He did have a
problem with using total land area for density calculation because he believes it
violates the intent of the charter.
Planning Commission Minutes 3 February 5, 2009
Nancy Snow
11155 West 40th Avenue
Ms. Snow encouraged the Commission to think independently and consider
neighbors' wishes. She did not believe the majority of people attending public
meetings were in favor of increasing density. She did not believe higher densities
were necessary when Wheat Ridge has one of the highest ratios of rentals in the
metro area. She expressed opposition to high density living arrangements that
lead to tension caused by people living in such close proximity to one another.
She stated that the charter's intent is that you don't use the same land twice by
using it for commercial and residential.
Janet Bell
10095 W. 44th Avenue
Ms. Bell expressed concern about numbers that say there should be more
commercial than residential space. For example, if a building is built for mixed
use, does the first floor commercial have to have more of a footprint than the
residential units on the second floor; would it be a commercial or residential
building; how high could a mixed use building be, 35 or 55 feet? She stated that
architectural design and buffering are more important than increased density. She
suggested that the ordinance is too specific and there is a need for flexibility to be
able to set parameters for specific sites.
Mr. Johnstone stated that it is not proposed to change the 35-foot height limit in a
mixed use district as set forth in the charter.
In response to Ms. Bell's concerns, Mr. Johnstone stated that the ordinance is
attempting to simplify calculations and allow for increased density in mixed use
projects. It is also an attempt to keep from penalizing someone who wants to do a
mixed use development.
Commissioner STEWART suggested that there should be a requirement for play
areas and park space. She expressed concern that children who live in these
developments should have places to play. Mr. Johnstone commented that there
are requirements for developers to provide parkland dedication or fees in lieu of
dedication as well as on-site landscaped areas.
Commissioner REINHART expressed concern about the math calculations for
mixed use development. He expressed concern that the charter could be skirted
by pretending that commercial is not a part of the total build-out on a site.
It was moved by Commissioner REINHART and seconded by Commissioner
DWYER to recommend approval of the proposed ordinance amending
Article III of Chapter 26 concerning residential density in planned
development districts excepting the changes proposed relating to the
computation of density in Planned Mixed Use Development. The motion
passed 6-0.
Planning Commission Minutes 4 February 5, 2009
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
February 5, 2009
Case No. ZOA-09-01: An ordinance amending Article III of Chapter 26
concerning residential density in planned development districts.
Name Address In favor/Opposed
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City of
Wheatlidge PLANNING COMMISSION
COMMUNrrY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: February 5, 2009
TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 26
CONCERNING RESIDENTIAL DENSITY IN PLANNED
DEVELOPMENT DISTRICTS (ZOA-09-01)
CASE NO. ZOA-09-01
M PUBLIC HEARING M CODE CHANGE ORDINANCE
Case Manager: Jeff Hirt
Date of Preparation: January 30, 2009
SUMMARY:
The attached ordinance proposes amendments to the regulations for maximum residential density in planned
developments, specifically the Planned Residential Development (PRD) and Planned Mixed Use (PMUD)
districts. Staff has also proposed related revisions to the Planned Hospital (PHD) district. Staff is also
evaluating the potential for related revisions to the residential uses in commercial zones section. Currently,
the maximum density in any planned development district is 16 dwelling units per acre. Per Section
5.10.1(b) of the Code of Laws (home rule charter), the maximum density in any zone district is 21 dwelling
units per acre. The proposed ordinance matches the charter based maximum density for the PRD and PMUD
districts, as well as the PHD district.
Notice for this public hearing was provided as required by the Code of Laws.
ZOA-09-O1/ Residential Density in Planned Development Districts
BACKGROUND:
Current Code
Planned development districts are differentiated from "straight" zone districts (e.g, R-1, R-2, C-1, I) in
that they each contain their own unique set of characteristics including development standards, uses, and
architectural standards. Each planned development is approved as part of a rezoning process, whereas
the straight zone districts have a baseline set of standards and uses without the specific parameters a
planned development may have such as building footprints, landscaping, and parking. As stated in
Section 26-301A of the Code of Laws, the intent of planned developments is to provide "greater
flexibility and innovation in land development based on a comprehensive, integrated plan".
There are primarily two types of planned developments that contain standards for maximum residential
density- the Planned Residential (PRD) and Planned Mixed Use (PMUD) districts at 16 dwelling units
per acre. There is not however any zone district in the current code that allows new development with a
residential density that snatches the city charter limitation of 21 dwelling units per acre.
History
To the best of staff s information, the current density provisions of 21 dwelling units per acre in the city
charter have been in place since the inception of the charter. The PMUD district was enacted in 2001
per Case No. ZOA-01-07. The primary concern at that time related to density was how to calculate it-
in other words how residential density could be calculated where there were commercial or mixed use
buildings on the site. The end result is the language in Sec. 26-306.5 that specifies how land area and
building footprints may be used to calculate density the PMUD district. See Exhibit 1 for further
discussion and analysis of these provisions. Since the adoption of this zone district, there is only one
development that utilizes this zoning, located at the southwest corner of 38`x' Avenue and Depew Street.
This property has not yet been developed.
To the best of staff s information, the arrival at 16 dwelling units per acre in the PRD and PMUD
districts came from the recommendation in the city's comprehensive plan, last updated in 2000. In that
document, the land use classification "planned residential development" from the Future Land Use Map
had a maximum of 16/acre at select locations throughout the city.
It is noteworthy that the city is currently undertaking a rewrite of the comprehensive plan, and that the
adopted Neighborhood Revitalization Strategy (NRS) recommends limited allowances for higher
densities while it does not arrive at specific numbers.
It is also important to note that there was a ballot question to eliminate the density and height provisions
in the city charter on the November 2008 ballot that did not pass. Approval of this initiative would have
eliminated the density maximum of 21 dwelling units per acre in the city charter, thereby permitting the
Code of Laws to be modified to allow increased density in individual zone districts perhaps exceeding
21/acre. With the failure of this initiative, no provisions in the Code of Laws may exceed this 21/acre
figure.
Surrounding Jurisdictions
Sixteen jurisdictions in the Denver metro area were surveyed with regards to density provisions in their
municipal codes and charters as part of anecdotal research done by staff. All 16 have higher density
allowances than Wheat Ridge. None of the jurisdictions have any density provisions in their charter
ZOA-09-O1/ Residential Density in Planned Development Districts
except Wheat Ridge. The average maximum density in base zoning districts t (excluding Wheat Ridge's
16 units/acre in PRD and PMUD) from the survey of 16 jurisdictions was 31 dwelling units per acre.
Note that these densities are for base zone districts, not any Planned Unit Development (PUD) districts,
which are the comparable jurisdiction's version of Wheat Ridge's planned development districts. Nearly
all communities have higher density allowances in PUD districts, many without any maximum amounts
specified in their code.
RATIONALE FOR AMENDMENT
The intent of this amendment is to better accommodate desirable development and redevelopment at
strategic locations in the city. The adopted Neighborhood Revitalization Strategy (NRS) clearly spells
out the recommendation for increased density allowances to further this goal throughout the document,
specifically in Section C.3, recommendation #3 where it states:
Presently it is not possible under the City's density restrictions to develop housing above retail in
densities needed to support upscale shops. Nor is it possible to build mixed-income housing in
densities needed to breathe new life into commercial corridors.
While the recommended changes do not propose a significant increase in any density allowances in the
city, this modest increase is all that is allowed in the city's current regulatory environment.
It is important to note that staff is not initiating this amendment with the philosophy that higher density
1 NOTE: This number comes from the maximum densities allowed in a straight zone district, excluding PUDs, and does not
include any allowances for density bonuses. In some communities, Floor Area Ratio (FAR) is used as a baseline for density
that exceeds the maximum density in some zone districts. For instance in Denver, the maximum density specified in a base
zone district (R2A) is 21.8 units per acre but higher density districts are dictated by FAR. Only the density numbers were
used in calculating this average.
ZOA-09-0I/ Residential Density in Planned Development Districts 3
allowances would be beneficial in all areas of the city. On the contrary, the intent is to accommodate
higher densities in areas where it may be appropriate - such as in and around any potential transit-
oriented development (TOD) with the Gold Line coming through the city and near commercial corridors
such as possibly Wadsworth Boulevard. There is no intent to accommodate increased densities in any of
the city's established single-family, more "rural" character neighborhoods.
Comprehensive Plan and Future Land Use Map
It is also noteworthy that the city is undertaking a comprehensive plan update this year. As part of this
process, a new Future Land Use Plan Map will be created. This map is a key element in the process for
any type of land use decision. The map will likely identify the aforementioned key areas where
increased density allowances may be desirable, and where existing low density single family
neighborhoods should remain as such. Any proposed rezoning would have to rely on this Future Land
Use Map in the final decision, as well as meeting the criteria relating to the character of the surrounding
area.
Market and Economic Conditions
The NRS clearly states that while surrounding jurisdictions have updated their regulations to
accommodate desirable residential and mixed use development, Wheat Ridge has fallen behind in this
regard and may have missed out on development opportunities. For example, page I of the NRS under
"A.l" sets this forth. A key component of these regulations is the allowance for higher densities to meet
the financial and economic realities of development in today's market.
Design vs. Density
It is noteworthy that at the time when all the current density maximums were established in the city
charter and the Code of Laws, there were minimal design standards in place to regulate the appearance
of any type of medium- to high-density multi-farnily residential and mixed-use development. There
were (and are) the baseline standards regarding minimum landscaping, parking, setbacks, and height for
example. But there were no standards for architecture, building orientation, and other measures to
alleviate the aesthetic concerns of any multi-family or mixed use development. In 2003, the Streetscape
and Architectural Design Manual (SADM) was adopted with applicability to multi-family and mixed use
development. In 2007, the Architectural and Site Design Manual (ASDM) was adopted to work in
tandem with the SADM with upgraded standards and more clear procedures.
Comments received from elected and appointed officials as well as citizens during the adoption of the
NRS and the open houses for the zoning code amendments project reflected the importance of design
standards. Several comments taken from the Appendix of the NRS indicated the understanding that
increased density allowances would be beneficial if designed properly, for example:
"Need higher density for homes if done right and increase our draw like other cities"
• "Standards - appearance - mish/mosh - higher density with design standards - supports
developing a broad strategy"
• "Apply density requirements where it would make sense and blend into surrounding area"
• "Would support high-end, high density housing"
• "Places where higher density snakes sense - high quality"
All applications for Planned Residential Developments and Planned Mixed Use Developments are
ZOA-09-O1/ Residential Density in Planned Development Districts
subject to the criteria for approving final development plans set forth in Section 26-308 of the Code of
Laws. Regarding design specifically, Section 26-308.D.4.b.4 (approval criteria) states that the
application must comply with the applicable standards of the Architectural and Site Design Manual.
Calculating Density in the Planned Mixed Use (PMUD) Zone District
The current code has specific provisions for how to measure residential density in the PMUD district as
it relates to any mixed use or commercial buildings. Essentially, any land area used for the commercial
or mixed use must be deducted from the overall lot area in calculating residential density. This
effectively reduces the allowed residential density proportionately to the amount of commercial square
footage on a PMUD site. For a further explanation of how this number is calculated, please refer to
Exhibit 1 of this memo. Staff is recommending that the residential density be calculated based on
overall lot area, as is stated in the city charter (also further explained in Exhibit 1) and eliminating these
provisions.
RECOMMENDED MOTION:
"I move to recommend approval of the proposed ordinance amending Article III of Chapter 26
concerning residential density in planned development districts."
Exhibits:
1. Planned Mixed Use (PMUD) Density Calculations
2. Proposed Ordinance
ZOA-09-O1/ Residential Density in Planned Development Districts
EXHIBIT 1: PMUD DENSITY CALCULATIONS
The purpose of this exhibit is to clarify how residential density is calculated in the current planned mixed
use (PMUD) zone district, and to illustrate how staff s recommendation impacts any proposed density
calculations. Staff is recommending that residential density in the planned mixed use district be
calculated based on total lot area.
First, it is important to understand that the city charter contains restrictions on residential density,
specifically related to how the density is calculated. The following language is taken from Section
5.10.1 of the charter:
b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance, permit or
other action, allow the construction of residential buildings in any zone district which exceed a
maximum of twenty-one (21) family units per acre, except that nursing homes shall not be
required to meet this density maximum. In order that land required to support a previous building
permit not be used again as a means of circumventing the above maximum, the following shall
apply: No subdivision, variance, rezoning or permit shall be approved or granted on said land
which subtracts the supporting land and thereby leaves the existing building nonconforming by
these standards. The maximum of twenty-one (21) units per acre shall apply to the total
parcel, including both existing and proposed construction.
Calculating residential density in the PMUD district from the current code Section 26.306.5 reads as
follows:
E. Density. Maximum of sixteen (16) units per acre. Land used for commercial uses, excluding
parking, may not be used to calculate the maximum of sixteen (16) units per acre. If the
commercial and residential uses are mixed in the same building, the land attributable to the
commercial use shall be considered to be one-half (1/2) of the building footprint. If the
commercial and residential uses are in separate buildings, the land attributable to the commercial
use shall be considered to be the entire commercial building footprint.
This provision has only been applied once, as there is only one PMUD zoned property in the city.
Essentially, the calculation can be summarized as follows with different scenarios:
• Separate commercial and residential buildings: The building footprint of the commercial
building is deducted from the total lot area in calculating the residential density.
• Separate mixed use and residential buildings: %z of the building footprint of the mixed use
building is deducted from the lot area in calculating the residential density.
• One mixed use building: %z of the building footprint is deducted from the lot area in calculating
the residential density.
• Multiple mixed use buildings: '/a of the building footprint of all the mixed use buildings is
deducted from the lot area in calculating the residential density
The following examples illustrate how the current code and proposed changes would apply in different
specific situations. Ultimately, the more nonresidential or mixed use building footprint on a site, the less
residential units are allowed under the current code.
ZOA-09-O1/ Residential Density in Planned Development Districts
ZOA-09-O1 / Residential Density in Planned Development Districts
EXHIBIT 2: PROPOSED ORDINANCE
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. -2009
Ordinance No.
Series of 2009
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE III OF
CHAPTER 26 RESIDENTIAL DENSITY IN PLANNED ZONING
DISTRICTS (CASE NO. ZOA-08-10)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter
and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of
the public health, safety and welfare; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the proposed amendments
implement recommendations from the adopted Neighborhood Revitalization Strategy; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1: Section 26-303 of the Code is amended to read:
Sec. 26-303. Planned Residential Developments (PRD) regulations.
A. Area: No minimum.
B. Density: Maximum t~ elity-olie (21) sixteen 6) dwelling units per acre.
C. Height: Maximum thirty-five (35) feet.
D. Landscaping: In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
E. Parking: In accordance with section 26-501, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
F. Fences and walls: In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Signage: In accordance with article VII, otherwise as established by the outline development plan
and as specifically detailed on an approved final development plan.
H. The requirements of this section shall not apply to impose a density requirement of less than
twenty-one (21) units per acre, with respect to the reconstruction of residential dwelling in the PRD
district, where such structures and their reconstruction meet all of the following requirements:
1. The structure was legally in existence on September 8, 1997;
2. The structure is located upon a lot which does not meet the then-applicable minimum lot area
and/or minimum land area per unit requirements for such proposed reconstruction; and
2 NOTE: The following suggests increasing the density allowance for the PRD district to match the city charter. We
have also suggested striking the nonconforming provisions below. With the new 21 dwelling units/acre provision, any
PRD may be rebuilt up to 21 dwelling units an acre with the applicable procedure.
ZOA-09-O1/ Residential Density in Planned Development Districts 8
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).
1. All planned residential developments shall meet the residential site design standards of article V
unless specifically varied on the outline and final development plan.
J. A planned residential development shall be required for any mobile home park and must meet the
standards for mobile home park design in section 26-506.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1241, § 1, 1-28-02; Ord. No. 1319, § 1, 4-12-04)
Section 2: Section 26-306 of the Code is amended to read:
Sec. 26-306. Planned Hospital District (PHD) regulations.
A. Allowable uses. The following uses hereinafter listed shall be permitted only as specifically
designated on the approved final development plan:
1. Public and private general hospital.
2. Hospitals or sanitariums for contagious diseases, or the mentally disturbed or handicapped.
3. Independent living units, homes for the aged, nursing homes, congregate care homes, hospices or
similar residential facilities which are accessory to a hospital or sanitarium principal use.
4. Accessory uses and structures customarily associated with the pennitted uses as shown on the
approved final development plan.
B. Area. Each Planned Hospital District shall be a minimum of five (5) acres, except as provided
below.
C. Lot width. Two hundred (200) feet minimum.
D. Setback requirements:
1. Front: Fifty (50) feet minimum.
2. Side: Twenty-five (25) feet minimum plus ten (10) feet for each story. The intent is to provide a
minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
3. Rear: Twenty-five (25) feet minimum, plus ten (10) feet for each story. The intent is to provide a
minimum twenty-five-foot landscape buffer adjacent to residential zoned property.
E. Height:
1. Hospital buildings: Fifty (50) feet maximum, except as follows:
a. Sixty-five (65) feet where the lot on which the building is to be constructed is at least fifty (50)
acres in size.
b. Additions attached to existing hospitals may be built to a height not to exceed the height of the
existing building.
2. Offices: Fifty (50) feet maximum.
3. Residential: Thirty-five (35) feet maximum.
4. Accessory: Thirty-five (35) feet maximum.
F. Residential density. No residential development, excluding congregate care homes, nursing homes
or intermediate nursing care facilities, shall exceed tt ent5 ane sixteen 6) dwelling units per
3
acre.
G. Landscaping:
3 NOTE: Staff does not see this provision being used often, but our recommendation is to allow the same flexibility in
our PHD district as in other districts.
ZOA-09-0I/ Residential Density in Planned Development Districts 9
1. Minimum twenty-five (25) percent overall site requirement.
2. Twenty-five-foot landscape buffer required along property lines adjacent to residential zoned
property.
3. Unless otherwise specifically provided for on the approved plan, all landscaping shall meet the
requirements set forth in section 26-502.
H. Parking: In accordance with section 26-501, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan.
1. Fences and walls: In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
J. Signage: In accordance with article VII, otherwise as established by the outline development plan
and as specifically detailed on an approved final development plan.
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1319, § 1, 4-12-04)
Section 3: Section 26-306.5 of the Code is amended to read:
Sec. 26-306.5. Planned Mixed Use District.
A. Purpose. This district is established to provide a zoning classification to allow the integration of
residential and commercial uses and development which is consistent with the surrounding
neighborhoods and which meets the intent of the comprehensive plan and the Streetscape and
Architectural Design Manual. It is not intended to be used solely to permit a higher density than
allowed in the planned residential development (PRD) district nor to circumvent other specific
standards of the planned residential and planned commercial districts. Instead, it is intended to create a
zone district which will allow flexibility in use, design, and orientation while maximizing space,
community interest and protecting nearby and adjacent residential neighborhoods.
B. Permitted uses. Penmitted uses shall be a mixture of residential and commercial uses governed by
approval of the outline development plan.
C. Area. No minimum.
D. Height. Maximum fifty (50) feet for freestanding commercial buildings only; thirty-five (35) feet
for structures containing commercial and residential uses; thirty-five (35) feet for freestanding
residential structures.
E. Density. Maximum oft iverlty title (2;1} sixteen (16) units per acre.4 r °^a „^°a F r ^°.r^,°_^:°1
uses, e coluding par-king, may not be us edd to eal eulate fl-h e niaxi4nn-urn ofsixteen (16) Units PCF MY
dAR R04:R4:RV-,rRiAl Rnd VRSidRnfia_I USES -are, 4HR-i-xied- in- the same bailding, the land attributable t
^id_er°'1 to t'° the °"t:"° commercial building f °tpriFt
F. Landscaping. In accordance with section 26-502, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
G. Parking. In accordance with section 26-501, otherwise as established by the outline development
plan and as specifically detailed on an approved final development plan. Allowances maybe made for
shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body
4 NOTE: We have suggesting revising this language to calculate residential density based on overall lot area,
consistent with the city charter. Further discussion and analysis of this is provided in Exhibit 1 and the body of the
staff report. Staff requests direction from planning commission as to either using the existing language and clarifying
the calculation, or moving forward with the revisions as proposed by staff.
ZOA-09-O1/ Residential Density in Planned Development Districts
10
designated as having final approval authority that parking demand for different uses occurs at different
time.
H. Fences and wall. In accordance with section 26-603, otherwise as established by the outline
development plan and as specifically detailed on an approved final development plan.
1. Signage. In accordance with article VII, otherwise as established by the outline development plan
and as specifically detailed on an approved final development plan.
(Ord. No. 1239, § 1, I-14-02; Ord. No. 1319, § 1, 4-12-04)
Sec. 26-626. Residential uses in commercial zones; conditions.
A. The amount of total floor area devoted to commercial use must exceed that devoted to residential
use.
B. Residential use shall not be located on the ground floor, and if so, restricted to the rear half of the
building.
C. Residential use density shall not exceed one (1) dwelling unit per five thousand (5,000) square feet
of lot area.5
D. Residential dwelling units shall be no less than five hundred (500) square feet each.
E. Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor
area.
F. Where the applicant intends to convert an existing residential structure, either partially or wholly,
to a commercial use, commercial development standards shall be applied for parking, landscaping and
residential buffering. Any changes to building floor area shall fully comply with all commercial
development standards.
G. No new residences as a primary or principal use shall be allowed.
5 QUESTION: Does Planning Commission feel that the density provisions in this section should be modified as well?
As it stands, this density requirement comes to 8.7 units/acre. Allowing up to 21 dwelling units/acre for example
would be 1 unit/2,074 square feet of lot area.
ZOA-09-O1/ Residential Density in Planned Development Districts
11
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on February 5, 2009, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of YVheat Ridge. Call Heather Geyer, Public Information
Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in
participating and need inclusion assistance.
The following case shall be heard:
Case No. ZOA-09-01: An ordinance amending Article III of Chapter 26
concerning residential density in planned development districts.
Signed: Kathy Field
Kathy Field, Administrative Assistant
ATTEST:
Signed: Michael Snow
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: January 29, 2009
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713 (303) 234-5900 GWh e at
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949
June 11, 2002
Mr. Dave Galloway
Galloway, Romero & Associates
5350 DTC Parkway
Englewood, Colorado 80111
Dear Dave,
-Ridge
This letter is provided at your request to clarify the calculation of density in the PNM zone
district. I am providing this interpretation based upon the ordinance as modified by Planning
Commission and adopted by City Council.
The first version of the ordinance did not contain any standards for such things as required
landscape percentage, density, parking and setbacks. These were to be established and approved
during the review of the preliminary development plan.
At the first Planning Commission hearing, staff was directed to develop minimum standards for
the district. At the second hearing these proposed standards were discussed and modified. One
of the standards was density.
Staff had proposed that the density calculation be based upon the entire lot acreage with no
deductions for commercial uses or parking. Planning Commission recommended that the
calculation be based upon the entire lot acreage minus one-half the footprint of a commercial
building if the commercial and residential uses were mixed within one building. There was no
discussion about subtracting for parking areas, even when questioned by staff.
One other standard related to density recommended by Planning Commission was the allowance
for shared parking between residential and commercial uses. With flexibility in providing
parking where spaces may be commercial one time during the day and residential another time, it
would be difficult to assign parking to either the commercial use or the residential use.
Based upon this information, my interpretation of the density provision of the PMUD district is
that the calculation should be based upon the entire lot square footage minus only one-half the
footprint of the building containing the commercial and residential uses.
If I can provide further clarification, please let me know.
Sincerely,
A C a&_'
Alan C. White, AICP
Planning and Development Director
I
0 RECYCLED PAPER
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
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City, State Zip:
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Owner Address:
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Owner Phone:
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OA0901 I
Quarter Section Map No
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Reso/Ordinance No.:
cove
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Ordinance amending
Chapter 26 concerning
residential density in
planned development
PC 2/5/09
I
CC
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Conditions of Approval:
District:
Date Received: 1/1612009
Pre-App Date: r777777