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Home My WebLink About05/07/151* 1( City of, ]�qrXAL/h6atp,,�d PLANNING COMMISSION AGENDA May 7,2015 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on May 7, 2015 at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. *,4genda packets and ininutes are available online at hap:#lvitiv, ci. wheatridge. co, usI9511-'lanning- Conunission L CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — March 5, 2015 6. PUBIJIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. 'Case No. WS -15-01: An application filed by David J. Mann requesting approval of a S- lot subdivision with two lot width variances for property zoned Residential -Two (11-2) located at 7193 W. 32nd Avenue. B. 'Case No. ZOA-15-02: Ali ordinance amending Articles 11 and V1 of Chapter 26 of the Code of Laws, concerning residential side and rear yard setbacks. 8. OTHER ITEMS 9. ADJOURNMENT Individuals with disabilities are encouraged to participate in all public meetings sponsored ki, the Citj) ref Wheat Ridge. Call 11cather Gever, Public Inforination Qf ficer at 303-235-2826 at least one iveek in adv(Ince nfa ineeting, ff'You are interested in participating and need inclusion assistance. 4 V City of ]%qrWh6atP,LyAge PLANNING COMMISSION Minutes of Meeting March 5, 2015 5. APPROVAL OF MINUTES — January 15,2015 It was moved by Commissioner DORSEY and seconded by Commissioner WEAVER to approve the minutes of January 15, 2015, as written. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes March 5, 2015 M No one wished to speak at this time. A. Case No. ZOA-15-01: Ms. Mikulak presented the case. There was no digital presentation. She stated the purpose of the hearing was to review a simple change in Chapter 26 related to the sunset of the Animal Welfare and Control Commission (AWCC). It was a policy decision made by City Council and there is a brief history i n the staff memo. The role $,, of the AWCC has changed since its inception in the"i'O' O's. After a year of discussions and work between City Council, thq,,,,,,( t ey's office, the Police Department, the AWCC and a consultant, it, Wid,"A'a,tleetd that dissolving the commission is the appropriate decision. Planning Commission and Community Dev However, the sunset does affect Chapter 26, Planning Commission. The AWCC was rel animals. The reference is proposed to be cl', Community Services TeaiW,,,,.,' for who animal control. Staff recolftne"napproval roval ,p will review the ordinance ]a is f " V"tht Vice Chair OHM'60ened the Vice Chair"elbsed the elfare and'C�60trol Co"mmissi lopment was not involved in the decision. so the amendment i ,,to be reviewed by -renced in regards to Ih&keeping of large inged to The Chief of Police and the are responsible for code enforcement and of the code change. She said City Council was no one in the audience to speak. seconded by Commissioner DORSEY to ,ce providing for the sunset of the Animal Commissioner WEAVER expressed her concern as she is a large animal owner. She stated she has worked with code enforcement and finds their animal expertise to be very good but their knowledge is not agriculturally based. The commission has been a group of people with pets and farm animal owners. She thinks the citizen involvement piece is essential, as the city is openly encouraging urban agriculture. She wanted to ensure that CSOs, were trained to handle different types of animal situations. Division Chief Lorentz confirmed the CSOs are trained to handle different types of animal situations and the members of the AWCC will still be available for assistance. Commissioner WEAVER expressed appreciation for how the AWCC handled the dwarf goat issue by supporting a code amendment. Her comments indicated that she may be disagreeing with the decision to sunset the board. Ms. Mikulak reminded the commission that it was Council's policy decision and the Planning Commission does not have jurisdiction to discuss the merits of the sunset separately from how it affects Chapter 26. Planning Commission Minutes March 5, 2015 -2— Vice Chair OHM called for a vote. Motion approved 5-0. A. Election of Of 2. Commissioner OHM was voted Vice Chair Code Amendments: 0 IN if'thre wad any discussion of micro units. Ms. Mikulak consider iis part of the accessory dwelling unit code Ms. Mikulak summarized an event that occurred in mid-February, Ms. Mikulak stated Urban Land 11tilstituteJULI) is a nationwide non-profit organization whose membership includes real elstat ' c ojo�,velopers, brokers, and designers. The Colorado chapter offers a Technical Advisory, Panel (TAP) program for the purpose of helping communities focus on a land use issue or problem. They approached the City and provided a TAP panel focused on the Ward Road station area. The subarea plan allows for mixed land uses but it remains relatively vague in terms of specific land use recommendations. Over a day and a half, the panel toured the property, interviewed property owners, brokers, housing experts and major employers in the area. Their recommendation is to focus on an employment based TOD area that capitalizes on the creative industrial uses. The TAP panel recommendations are not binding on the City, but they will be Planning Commission Minutes -3— March 5, 2015 am producing a written report that will be shared with City Council. It will be determined at that time if the subarea plan requires any modifications. Commissioner OHM thanked staff for the invitation and stated he did attend. Commissioner DORSEY stated it is a challenging property to develop. Commissioner OHM stated some of the most interesting buildings in Denver are those that have been repurposed for residential or commercial uses. D. Tlie meeting scheduled for March 19 will be canceled. Commissioner OHM asked if the City is cc proposed at the Applewood Golf Course in Mikulak stated that is immediately wrest,911 ADJOURNMENT Planning Commission Minutes March 5, 201 5 residential development -fferson County. Ms. out of the city limits. 'Ided by Commissioner TIMMS 5-0. Waggoner, Recording Secretary -4— City of 9rWh6atP,,Ldge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission CASE MANAGER: Lauren Mikulak DATE OF MEETING: May 7, 2015 CASE NO. & NAME: WS -15-01 / Mann Subdivision ACTION REQUESTED: Request for approval of a three -lot subdivision with two lot width variances on property zoned Residential -Two (R-2) LOCATION OF REQUEST: 7193 W. 32"d Avenue APPLICANT(S): David Mann PROPERTY OWNER(S): David Mann, Laurie Middleton, Phillip Mann. and Nila Mann APPROXIMATE AREA: 38,879 Square Feet (0.8925 Acres) PRESENT ZONING PRESENT LAND USE Residential -Two (R-2) Single-family home ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE LOCATION MAP (X) SUBDIVISION REGULATIONS (X) DIGITAL PRESENTATION Planning Commission Case No. WS -15-01 /Mann Subdivision Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a three -lot subdivision with lot width variances on property zoned Residential -Two (R-2) and located at 7193 W. 32nd Avenue. The property is an oversized parcel that has never been platted and has historically been used as a single-family home. The purpose of the request is to allow for the creation of two additional residential lots: one to accommodate a new single- family home and one to remain undeveloped. The plat includes two lot width variances and is therefore being processed as a major subdivision. As such, Planning Commission will make a recommendation to City Council which is the final authority for approval. The purpose of subdivision plat review is to confirm appropriate lot configuration, access, rights-of- way, easements, and utility service to enable future development. II. EXISTING CONDITIONS The property is located at the northeast corner of W. 32nd Avenue and Teller Street. The property is considered a corner lot and a throu h lot because it has frontage on three streets: W. 32nd Avenue, Teller Street, and W. 32nd Place . The site is zoned Residential -Two (R-2), a zone district which provides for high quality, safe, quiet and stable low to moderate -density residential neighborhoods. The subject property is surrounded by other properties with residential zoning and land uses (ibit_,oning,�. Properties to the east, west, and north are zoned R-2 and include single- and two- family residences. To the south, across W. 32"d Avenue, is a two -acre property zoned Planned Residential Development (PRD) which includes a single-family home, four duplex units, and 17 condominiums. The total size of the subject property is 38,879 square feet or 0.89 acres. The parcel was originally developed in 1899 with a single-family farmhouse in the southwest quadrant of the property. Until recently, several nonconforming outbuildings surrounded the farmhouse. Most of these outbuildings have been removed from the site. The applicant and his family recently purchased the property to allow a multi -generational living arrangement. Because the City does not allow for accessory dwelling units, the applicant is seeking to subdivide the property so his parents can live in the existin farmhouse and he and his family can construct a new single family home next door III. PROPOSED SUBDIVISION PLAT Lot Configuration The site is rectangular in shape with about 140 feet of frontage along the north and south frontages and over 260 feet of frontage on Teller Street. There is a moderate grade change across the property, with the existing farmhouse is located at the highest elevation on the site. The site falls about 12 feet from the house to the northeast corner of the site. Planning Commission Case No. WS -1S-01 /Mann Subdivision The subdivision plat will result in three parcels: two sin le famil lots along W. 32"d Avenue and a larger lot to the north along W. 32nd Place Lot 1 is sized to accommodate either a single-family home or a duplex—the later requires at least 100 feet of frontage and 12,500 square feet in area. In the near term, the owners do not intend to develop or sell the property. The site is proposed to be used as a garden. Lot 2 will accommodate the existing single-family home. The house will meet the minimum setbacks from the new interior lots lines. Finally, Lot 3 is proposed to accommodate construction of a new single-family residence. Based on the R-2 development standards, Lots 2 and 3 are significantly oversized for single-family homes, but both will require lot width variances. Section IV below provides an analysis of the variance request. In short, staff is supporting the request because the subdivision provides a logical lot layout that is consistent with the character of the neighborhood. Public Improvements When new properties are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway design. W. 32nd Avenue is classified as a minor arterial street meaning it accommodates higher traffic volumes and serves to deliver neighborhood traffic to primary arterials. In the City's Bicycle and Pedestrian Master plan, this street is also designated as a bicycle and pedestrian route. The plat includes a right-of-way dedication along W. 32"d Avenue to accommodate future bicycle and pedestrian amenities. A small dedication at the northwest corner of the site will accommodate accessible curb ramps. The applicant is responsible for several public improvements. The City's minimum standard for local streets is provision of curb, gutter, and a 5 -foot attached sidewalk. These improvements already exist along W. 32nd Avenue, but do not exist along the other two streets. As a condition of approval, the applicant will be required to install curb and gutter along Teller Street and W. 32"d Place. For the sidewalk, the applicant has the option of either constructing it or providing fees in lieu in the amount of $12,763.40. Drainage A drainage letter and drainage plan were reviewed for the entire site. They outline the existing drainage pattern and provide a logical drainage pattern for anticipated future development. There is no existing storm sewer in the adjacent roadways, but installation of curb and gutter as well as grass lined swales and sidewalk chases will convey stormwater to adjacent streets. The drainage letter and plan have been approved by the Public Works Department. Grading plans will be reviewed with subsequent building permit applications. Easements Standard drainage and utility easements are provided, including 5- and 10 -foot wide easements along the perimeters of all lots. IV. VARIANCE REQUEST As mentioned above, two lot width variances are being requested in association with Lots 2 and 3. These lots far exceed the minimum lot area for single-family homes in the R-2 zone district, but they do not meet minimum lot width requirements, as shown in the table below. The dimensions that are subject to the variance request are highlighted in bold. Planning Commission Case No. WS -15-01 /Mann Subdivision Lot 2 has a larger width requirement because it is a corner lot. Under current standards, newly platted corner lots are required to have a minimum lot width of 80 feet on both street frontages to offset the 25 -foot setback requirements from both frontages and to ensure sufficient developable area. In this case, because the farmhouse is existing and has a le all nonconforming setback of 18 feet the wider corner lot is not necessary The variance request for Lot 3 is only 2 feet, and will likely be imperceptible. Section 26-115.C.4 of the municipal code provides variance criteria for review. The Planning Commission and City Council shall base their decision on the variance request in consideration of the extent to which request meets a majority of these criteria. Staff provides the following review and analysis. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable—albeit reduced— return in use. The property could function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The requested lot width variances are not expected to alter the character of the locality. The R-2 zone district allows for single-family homes and duplexes, and each of the subject lots are proposed to have only single-family homes. At 12,118 and 13,578 square feet respectively, Lots 2 and 3 are each substantially larger than the minimum R-2 standard (9,000 square feet). These lot sizes are consistent with those in the area; the average lot size for single-family properties in the immediate vicinity is about 10,600 square feet. The existing farmhouse and a new single-family home will meet R-2 setback and lot coverage requirements, and the lots are large enough to accommodate the required number of off-street parking spaces. The applicant had originally considered building an addition on the farmhouse in order to convert it to a duplex. After consulting with architects, the family was concerned that this option would be less consistent with neighborhood character. Few duplexes exist on this portion of W. 32nd Avenue and the architectural integrity of the farmhouse may have be Planning Commission Case No. WS -I5-01 /Mann Subdivision compromised. The proposed lot layout and detached single-family homes are more consistent with the neighborhood character. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property by investing in the rehabilitation of the 1899 farmhouse and in the development of a new single-family home. The rehabilitation and new development are expected to add value to the property and would not be possible without the lot width variances. The City's Neighborhood Revitalization Strategy (NRS) encourages investment in property, calls for new housing stock, and supports thoughtful residential designs. Approval of the variance provides opportunities for new housing stock consistent with the goals of the NRS. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The shape and size of the property in combination with the location of the existing home present a unique hardship. The site is oversized at 4 times the required minimum size of a single-family lot, but the location of the existing home makes it difficult to subdivide. The home has a front setback of about 80 feet which prevents new lots from being oriented toward Teller Street. The proposed lot layout is logical and allows preservation of the existing farmhouse. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship described above was not created by the applicant or any person currently having an interest in the property. The prior owner sold the property with the request that the farmhouse be retained. The applicant did not build the farmhouse in its existing location, and thus is not responsible for the existing conditions of the property. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing Planning Commission Case No. WS -15-01 / Mann Subdivision the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and is not expected to injure neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The structure would not impede the sight distance triangle and would not increase the danger of fire. Lot 2 will have access off of Teller Street and Lot 3 will have access off of W. 32"d Avenue. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unique or unusual circumstances present in the neighborhood that are also present on the property and necessitate the need for a variance. Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to single- and two-family dwelling units. Staff finds this criterion is not applicable. V. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Wheat Ridge Public Works: The plat and supporting technical documents have been reviewed and approved. Planning Commission 6 Case No. WS -15-01 / Mann Subdivision Wheat Ridge Parks and Recreation Department: A fee in lieu of parkland dedication for two lots will be required at the time the plat is required. The fee amount is $2,497.29 per lot. Wheat Ridge Sanitation District: Can serve, no concerns. The applicant will be responsible for new tap and development fees. Consolidated Mutual Water District: Can serve, no concerns. The applicant will be responsible for new tap and development fees. Xcel Energy: Can serve, no concerns. Wheat Ridge Fire District: No comments received. Comcast Cable: No comment received. Century Link: No comment received. Agencies are advised that if no response is provided, it is assumed there are no objections or concerns regarding the proposal. VI. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed subdivision plat with the lot width variances results in a logical lot layout for the proposed future development. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer's expense. For these reasons, staff recommends approval of the variance request and the subdivision plat with the conditions listed below. VII. SUGGESTED MOTIONS VARIANCE A motion on the variance must occur prior to a motion of the subdivision plat; a super majority vote of the members present is needed to recommend approval of the variance. Option A: "1 move to recommend APPROVAL of an 11.5 -foot variance from the lot width requirement for Lot 2 and a 2 -foot variance from the lot width requirement for Lot 3 to allow single- family lots zoned Residential -Two (R-2), for the following reasons: 1. The application is in compliance with a majority of the review criteria. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property which may not be possible without the variance. 4. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements and provision of new housing stock. 5. The proposed lot layout is logical and enables preservation of the existing farmhouse. 6. The request would not be detrimental to public safety or welfare. Planning Commission Case No. WS -15-01 / Mann Subdivision Option B: "I move to recommend DENIAL of an 11.5 -foot variance from the lot width requirement for Lot 2 and a 2 -foot variance from the lot width requirement for Lot 3 which would allow single-family lots zoned Residential -Two (R-2), for the following reasons: SUBDIVISION Option A: "I move to recommend APPROVAL of Case No. WS -15-01, a request for approval of a three -lot subdivision plat on property zoned Residential -Two (R-2) and located at 7193 Teller Street, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Curb and gutter improvements shall be constructed along Teller Street and W. 32nd Place. 2. Fees -in -lieu of sidewalk construction be provided at the time of recordation if the sidewalk is not otherwise to be constructed by the applicant. 3. Fees -in -lieu of parkland dedication be provided at the time of recordation. Planning Commission Case No. WS I5-01 /Mann Subdivision EXHIBIT 1: AERIAL The subject property is located at the northeast corner of W. 32nd Avenue and Teller Street and is highlighted in blue below. Planning Commission Case AV 115-15-01 Alann Subdivision EXHIBIT 2: ZONING MAP Planning Commission Case No. 144S -1.i-01 /Mann Subdivision EXHIBIT 3.- LETTER OF REQUEST Written Request farmhouse and Dave and Laurie and Ella to build a new single family home. The back lot will be our gardening area for the moment but we would like to option in the future to build a duplex on it if we would ever need to for whatever reason. We have subdivided one lot in the back northern section (Lot #1) totaling into 12,593 Sq*Ft, This lot has been divided to conform to current City of Wheat Ridge duplex standards. We don't intend to build a duplex anytime soon but would the like the future option to do so, Our current plan for lot #1 is to use it for gardening vegetables. We have also divided the front into two lots, there is one with an existing house (Lot #2) totaling 12,708 sq. ft. and the other (Lot #3) with no house on it totaling 13,578 sq. Lot #2 would remain in Its current use and we would keep the existing pre -1900 farmhouse on it. Lot #3 would be used to build a single family home. The reason we believe in this particular subdivision and believe we are justified in requesting these variances is it will conform better to the current layout of the neighborhood. We were originally going to make one huge house by connecting an addition onto the existing home. After meeting with out architect and tossing around the idea we came to the conclusion that one huge home facing 32n4 Ave would be out of character with the neighborhood and that subdividing the lots was a much better approach to stay uniform with the neighborhood. 1. We are deficient on our frontage for Lot 3 by two feet and are requesting a variance. 2. We are deficient on our frontage for Lot 2 by 6.5 feet and are requesting a variance, As a side note we also want to say how in love we are with this property and the existing home that sit$ on it. We feel that even though It is not a registered historic home that it is a well know property in the area. it would be a shame to add on to It or change It at all. It is our hopes that our vision to restore this home to its former grand glory Is in line with the City of Wheat Ridge, Please grant us our variance request so that we can keep this home the way it has looked for over 100 years. Thank you for your consideration In this matter. 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INC RRAW UPON THE` RXIOWNG nDE 17MEN7 ISSUED BY LAND P7FPF GUARAWE'E GYMI,PANY. _- P .r 7 F - caMMrFM NT N� xaG4 DaSi .. 140701 AN FrFTGn crArE D APRIL a4 2t7 4 AT 5, a.M. £ YE � L3D, J Ft 000 SOW DF,96 tAXPOM PvS .SUB.k'GT PRO" E.RTY 41E"S EkSR61 Y WHIR Z(,WS- X (AREAS OVERM✓NCO TO BE OUTS10F THE 0,SZ Pt'RWVr ANNUAL 01ANCE. FLODIYPLAVr ,, AS SHOW ON FTMA f ZRM, MAF 059 C 02041, WIN AN CPTS 1741' OAR' CK .+C.YRUARY 5.2014. 4 1711D SVRVE"Y' COV-44CAW D' COid'tCRON CAM` C41KARY 15, 2515,. r A ' r 5 THE SUB,E L"a F'iTG'W'EftP CGNT R.'5 .158879 row S ARF FEFT QR ,10892 ACRES` Ctr"' GANG MC7Rt" CR tt."S . < Df✓ S 6 TEN -SOOT (10) NPfi£' £ASEW(AIT5 AR£ hERE8Y %R'AWED O'd PR#VA re, PRTwRrY ADJACENT TO ALL PURVC SIBEETS AND FRONT ANI? 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ZKUN.SKI, PtS, C04(WADO UCEALST I VO J$060 FOR AA40 W 8EHALF Or POPICR SURW"NO COMPANY, INC`. . , fREAWN DATE, 150 W 84 TH A WNUF Nopmrav, 80260 7 r-107 , SHEET 1 7 1 City of Wheat idge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: May 7, 2015 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 OF THE CODE OF LAWS, CONCERNING RESIDENTIAL SIDE AND REAR YARD SETBACKS CASE NO. ZOA-15-02 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak, Senior Planner Date of Preparation: April 28, 2015 SUMMARY: In March 2015, City Council directed staff to study the issue of street -facing side setbacks which may be inhibiting residential reinvestment in East Wheat Ridge. Residential lots in this area are among the smallest in the city, and very few existing homes in East Wheat Ridge conform to street -facing side setback standards. Current setback regulations may create a burden, particularly for redevelopment on substandard lots. The goal of this amendment is to reduce the setback burden on substandard properties. While these changes would apply to all residential zone districts, the amendment is unlikely to impact properties west of Wadsworth where lot sizes and widths tend to be larger. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: At a study session on March 2, 2015, the City Council reviewed a list of proposed zoning code amendments for 2015. Not included in that list, but raised as separate concerns were the issues of corner lot setbacks. Staff studied this issue and proposed two possible code amendments at a study session on April 6, 2015. At the direction of Council, both amendments have been advanced and are summarized in this memo. Corner Lot Setbacks The zoning code includes eight residential zone districts that vary in terms of maximum density, minimum lot size and width, and types of units allowed. Front yard setbacks in these zone districts range from 20 to 30 feet, and side yard setbacks range from 5 to 15 feet. All residential zone districts include provisions that require enhanced side and rear setbacks when abutting a ZOA-15-02 / Residential Setbacks public street. For this reason, corner lots are required to have 20- to 30 -foot setbacks on both street frontages. Under current standards, newly platted corner lots are required to have a minimum lot width of 80 feet on both street frontages to offset these setback requirements and to ensure sufficient developable area. Because much of Wheat Ridge was platted prior to incorporation, however, there are many substandard corner lots which do not meet this minimum lot width standard. East Wheat Ridge, in particular, includes the City's smallest residential lots, and the enhanced side setbacks for corner lots can be considered burdensome in certain situations. Very few existing homes in East Wheat Ridge conform to street -facing side setback standards, and these structures are considered legally nonconforming. On these properties, additions or new detached structures can be built in line with nonconforming setbacks; in other words the enhanced side setbacks do not apply. In other circumstances, such as complete redevelopment, the only option for relief is a variance request. Below is a summary of the two proposed code amendments which would reduce the setback burden on substandard lots. Given the widespread pattern of nonconforming setbacks in East Wheat Ridge, staff feels the amendments would not have an impact on the character of the neighborhood. While these changes would apply to all residential zone districts, the amendment is unlikely to impact properties west of Wadsworth where lot sizes and widths tend to be larger. 1. For narrow lots, reduce the street facing setback standards. This code amendment proposes that street -facing setbacks for side and rear yards be reduced to half the current standard if lots are 60 feet or narrower in width. This would result in a 10- to 15 -foot setback from the property line, depending on the zone district. This width would preserve a functional side yard and an appropriate setback from sidewalks or streets, while also reducing the setback burden for new development or redevelopment. The current and proposed setbacks are illustrated in the image below. CURRENTPROPOSED Street -facing side setback STREET Street -facing side setback equals front setback r equals 1/2 front setback ZOA-15-02 / Residential Setbacks ti w w a tiLn Y v Q d Buildable Area c 0 ZOA-15-02 / Residential Setbacks ti w w a tiLn 2. Revise Section 26-611.B to allow i-eductions to side or rear yard setbacks based on neighborhood averages. This code section currently allows front yard setback encroachments for new primary structures if the average setback in the immediate area is less than the zone district minimum. This section is proposed to be revised such that a similar calculation and setback encroachment is permitted on side or rear yards which abut a public street. Average Setback Front Setback Section 26-611.6 allows a home on the vacant lot to be constructed up to the dashed line which represents the average front setback on this block. This provision does not currently apply to street -facing side or rear setbacks. In combination, these two amendments would address the setback burden on substandard lots, particularly in East Wheat Ridge. With the adoption of both amendments, the less of the two setbacks would prevail. RECOMMENDED MOTION: " I move to recommend approval of the proposed ordinance amending Articles II and VI of Chapter 26 of the code of laws, concerning residential side and rear yard setbacks." Exhibits: 1. Proposed Ordinance ZOA-15-02 / Residential Setbacks CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ## ORDINANCE NO. Series 2015 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 OF THE CODE OF LAWS, CONCERNING RESIDENTIAL SIDE AND REAR YARD SETBACKS (CASE NO. ZOA-15-02) 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, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning residential setback requirements; and WHEREAS, the City has identified a need to update these requirements specifically to reduce the burden on substandard corner lots; and WHEREAS, the City believes that this update does not diminish the quality or character of its neighborhoods,- NOW eighborhoods; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Footnote (b) of Subsection 26-205 of the Code, concerning the Residential -One (R-1) zone district, is hereby amended as follows: (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures-. WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 2. Footnote (b) of Subsection 26-206 of the Code, concerning the Residential -One A (R -1A) zone district, is hereby amended as follows: (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures..., WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 3. Footnote (c) of Subsection 26-207 of the Code, concerning the Residential -One B (R-1 B) zone district, is hereby amended as follows: (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures..-, WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 4. Footnote (c) of Subsection 26-208 of the Code, concerning the Residential -One C (R-1 C) zone district, is hereby amended as follows: (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures-, WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 5. Footnote (c) of Subsection 26-209 of the Code, concerning the Residential -Two (R-2) zone district, is hereby amended as follows: (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures-, WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 6. Footnote (c) of Subsection 26-210 of the Code, concerning the Residential -Two A (R -2A) zone district, is hereby amended as follows: (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures..., WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 7. Footnote (d) of Subsection 26-211 of the Code, concerning the Residential -Three (R-3) zone district, is hereby amended as follows. (d) Any side or rear yard which abuts a puh!ic street sl 11,11 have a minimum setback of twenty-five (25) feet for all structures..., 'VITH THE FOLLOVV;,4G EXCEPTION: FOR CORNER LOTS THAT ARE 60 r EFT OR NARROWER IN WID T : , .11S REQUIREMENT SHALL BE REDUCED BY HALF. Section 8. Footnote (d) of Subsection 26-212 of the Code, concerning the Residential -Three A (R -3A) zone district, is hereby amended as follows: (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures..-, WITH THE FOLLOWING EXCEPTION: FOR CORNER LOTS THAT ARE 60 FEET OR NARROWER IN WIDTH, THIS REQUIREMENT SHALL BE REDUCED BY HALF. Section 9. Subsection 26-611.13 of the Code, concerning permitted setback encroachments, is hereby amended as follows: 2 B. Allowed front ),a setback encroachments for principal buildings. THE FOLLOWING SETBACK REDUCTION SHALL APPLY TO FRONT YARDS AND TO SIDE OR REAR YARDS WHICH ABUT A PUBLIC STREET. If fifty (50) percent or more of the main buildings within a built-up area in any district have Mere G less than the required SETBACKfreRt-yard, each new main building may have a freRtyaFd SETBACK consistent with the average building setbacks in the immediate area.; -except that fer FOR the purpose of computing such average, a freest- yard setback less that fifteen (15) feet shall be deemed to be fifteen (15) feet. For the purpose of FRONT YARD SETBACKS, an immediate area shall be deemed "built-up" if fifty (50) percent or more of the lots within the same block and within two hundred (200) feet on each side lot line within the same block of any particular lot have been improved with buildings (See Figure 26-611.1). FOR THE PURPOSE OF SIDE OR REAR YARD SETBACKS WHICH ABUT A PUBLIC STREET, AN IMMEDIATE AREA SHALL BE DEEMED "BUILT-UP" IF FIFTY (50) PERCENT OR MORE OF THE LOTS ON THE SAME SIDE OF THE STREET AND WITHIN THREE HUNDRED (300 FEET) OF THE SUBJECT PARCEL HAVE BEEN IMPROVED WITH BUILDINGS. However, in no instance shall a structure encroach into a required sight distance triangle. Section 10. 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 11. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance ar.- hereby repealed. Section 12. Effective Date. This Ordinance shall talo effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of LO on this 8 1 day of June, 2015, ordered published with Public Hearing and consideration on final passage set for Monday, June 22, 2015 at 7:00 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 2015. 3 SIGNED by the Mayor on this day of 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: