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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. I i Planned Development Example YVIYi®MbFD JeE MNEI➢MM vw I~ia~Wi mY vixw vsnv Tit 11-17 1' ] l RYA A Citywide Planned Developments 31a ~ r R ei r y a IG ~ Y a t 5. fi a e . ` w ~Th 'IT" Case No. ZOA-09-01 - 12 dwelling units/acre maximum in R-3 3' Case No. ZOA-09-01 blvd NRS also states higher density allowances needed to meet "economic realities of development" ~Whc~t,j i<3 3T rx - updated cet o! Z.tB g Codec and La .u:edetlw zu :uy:cele taps:. :>em b r.-.tl~a^eara L de_i oeede3 [o bzessl L46~rome.<. 'H om_or~ o-a.n m be[c ~ i m sec fa[ rock m'-e :~zs: m.s-aim uw;zm .pu'vea[c ~p aat:ac to ba :b,: '*]otte~.ve b<:Ge keno a:brae<ah-e-zsr? L Ec:io de d m h p 'o essai np atV 2d~; mwee pedeacs-Eziem`Tu- ux-. _~~:ee[e. zvw.[e amY_,ue:assaL-ap:ealaG oa -nm. n.~ .ee Qpeeo:io:a: ai :ucw~- s't: u Case No. ZOA-09-01 development' W kxat}~~t Case No. ZOA-09-01 Case No. ZOA-09-01 TABLE 1: Maxim om Density in Base Zone Districts Note: Higher densilier typically allowedin PlwnedUnif Oevelapmenis 70 60 50 40 30 20 10 0 co tii soc c° oa bp oD t \oe c .o et et ec eta e e ~P oc 0 0 0 °\,a ep ~c cc c, ~ \6 4 z a~ ` °k°1 eo P` F o L ~,•`~°t°A o~~ P~~Ae p° ~ c° c`-o ` t , O 0, of ek Wktea ck i<3f;e Case No. ZOA-09-01 ordinance on February 9, 2009 V1lheat is .c 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 70 58 60 50 40 40 35 . MEN 3027.2-. 30 - fi 22 22 21.6 20.8 20 18 l 20 - - t 2 t 10 0 l i td 0 epC a a 6 et vo °P `p et ec eo e' e e c L° J~` PA ~e dD 0 akaj o~``~ P° oc e~S ~ e c\ \ F9 Ce . Q' ~r 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 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 ~fk5n1~}5 T Ry {rte, 328P A n uy 9~ :~Nlhe:atF i<lge. Case No. ZOA-09-01 site plans, building footprints, etc. • Each new PD or amendment to existing PD requires a public process (rezoning process) Wt :tI «I» Planned Development Example JAI Im 71 Case No. ZOA-09-01 . r...y..~ k. ----,yyv.- Case No. ZOA-09-01 w`,t.tI e Case No. ZOA-09-01 TABLE 1: maximum oensily in Ease zone otsolds rvor.: xinn..aMar..rrw=~~N onor,.ah n~.wumr o..dw,z~e Based on anecdotal research done by staff Case No. ZOA-09-01 Blvd • NRS also states higher density allowances needed to meet "economic realities of development" ~Whcatj ic3ta~ C.^_ - Ott-7c;or. nar An upd.,=d co of Zmdng Codex and L.nd U.e Aegm u., _ w=pas:'-bk -d. • v_ ti Cam': den.• x :a 2evebp e,..x-~-_ :ba a ' ~.o~ ~ ;,;m=mn - mua-one az - d,ozuea ..L4 ivw ca¢a 3 5dao:. - . s.e. mSe« ,uS3~:de3 sm x;. far L:e r- mod,--,.•..a-- P < : t n'lx rz :euia: z,-„' :pra-.mem eosp~xz . .usi :o: 1v~ hs w axz. a. p _c_ee _ b, e.-t .e..., [.ee £i•xi~. oedr. armed [a Y p•- _tl [n i¢o Ir ug ~z^ma: =sdge mote pe+.xsrn- :ems- - ~ aw+va ¢ ac._sm:a4e gy5<vs- avd Case No. ZOA-09-01 - DOIn ❑dve dPPULdoIIILy LU [HUILI rdumy duu. ❑IIXCU use development oxw ar Wheatl ia3~ Case No. ZOA-09-01 ~wr,~:art ia~n Case No. ZOA-09-01 zones)? • This section allows for residential above/behind commercial • Current code: approx. 9 units/acre ~wlieatj i<3ye 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: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: OA0901 I Quarter Section Map No Citywide Related Cases: Case History: J Review Body: J APN: I 2nd Review Body: 2nd Review Date: j Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: cove i Ordinance amending Chapter 26 concerning residential density in planned development PC 2/5/09 I CC J I Conditions of Approval: District: Date Received: 1/1612009 Pre-App Date: r777777