HomeMy WebLinkAboutZOA-15-02CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 10
ORDINANCE NO, 1575
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 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 -1C) 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 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 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
B Allowed #;ep yafd 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 FRere 0 less than
the required SETBACK#FORt-ya;d, each new main building may have a #entyafd
SETBACK consistent with the average building setbacks in the immediate area., eXcept
that to FOR the purpose of computing such average, a €reward setback less than
fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of t#+sFegulat 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 are hereby repealed
Section 12. Effective Date. This Ordinance shall take 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 8 to 0 on
this 8`r day of June, 2015, ordered published with Public Hearing and consideration on
final passage set for Monday, July 13, 2015 at 7:00 p.m., in the Council Chambers,
7500 West 299 ' Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of s to _u , this 13t i� day of : u ;, , 2015
SIGNED by the
May is 13th day of July 2015.
F WHEAT
SEAL"
ATTEST: �*
Cil OR
Ad�
(janelle Shaver, City Clerk
it
First Publication: June 11, 2015
Second Publication: July 16, 2015
Wheat Ridge Transcript
Effective Date: July 31, 2015
Ap d s to form
Gerald E. Dahl, City Attorney
City of
W heat �idge
V��
Z,
ITEM NO: a
DATE: July 13, 2015
REQUEST FOR CITY COUNCIL ACTION
C6-2
TITLE: COUNCIL BILL NO. 10-2015 - AN ORDINANCE
AMENDING ARTICLES 11 AND VI OF CHAPTER 26 OF
THE CODE OF LAWS, CONCERNING RESIDENTIAL SIDE
AND REAR YARD SETBACKS (CASE NO. ZOA-15-02)
® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (06/08/2015)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (07/13/2015)
❑ RESOLUTIONS
QUASI -J DICIAL: ❑ YES ® NO
ommunity Developm t Direct` City Manager
ISSUE:
This ordinance amends setback requirements for side and rear yards that face public streets. The
amendment affects only substandard residential lots—those that are 60 feet or less in width. The
purpose of this amendment is to reduce the setback burden on substandard properties and
establish standards for new construction that are more consistent with existing neighborhood
conditions.
PRIOR ACTION:
Staff discussed this issue with City Council at a study session on March 2, 2015. At a public
hearing on May 7, 2015, Planning Commission voted to recommend approval of the proposed
ordinance; meeting minutes from the public hearing are enclosed. Council approved the
ordinance on first reading on June 8, 2015.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. If the
amendment results in property investment, the City may benefit from building permit fees and
potential increases in property values.
Council Action Form — Residential Setbacks
July 13, 2015
Page 2
BACKGROUND:
In the zoning code, corner lots are subject to different standards than mid -block properties.
Comer lots have increased setback requirements for side yards that face public streets, and new
corner lots are required to be platted with a minimum lot width of 80 feet. Because much of
Wheat Ridge was platted and developed prior to incorporation, there are many substandard
corner lots which do not meet minimum lot width or setback standards. East Wheat Ridge, in
particular, includes the City's smallest residential lots, and the enhanced side setbacks for corner
lots can be considered burdensome.
Very few existing homes in East Wheat Ridge conform to street -facing side setbacks, 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. However, when complete redevelopment is proposed, a variance request
is the only option for relief from street -facing side setbacks.
The current standards for street -facing setbacks on substandard lots are inconsistent with existing
conditions, especially in East Wheat Ridge. This pattern warrants review of a code amendment
to better align existing conditions with the regulatory environment.
Proposed Amendments
Below is a summary of the two proposed code amendments which would address these issues.
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. Given the
widespread pattern of nonconforming setbacks in East Wheat Ridge, staff feels the amendments
are unlikely to impact existing neighborhood character.
1. For narro►t lots, reduce the street -%acing setback standards. This code amendment
proposes that street -facing setbacks for side and rear yards be reduced to half the current
standard only 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 -facing side setback
equals front setback STREET equals 15 front setback
Y
V
Buildable Area
`c
0
Council Action Form – Residential Setbacks
July 13, 2015
Page 3
2. Revise Section 26-61 LB to allow reductions 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. It is proposed that this section be revised such that a similar
calculation and setback encroachment is permitted on side or rear yards which abut a public
street.
Average Setback
-I Front Setback
Section 26-611.8 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.
These two amendments would address the setback burden on substandard lots—particularly in
East Wheat Ridge—while still promoting compatibility with neighborhood conditions. With the
adoption of both amendments, the lesser of the two setbacks would prevail.
RECOMMENDATIONS:
Staff recommends approval of the ordinance. One typo in the existing code has been
identified and is addressed by the recommended condition below.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2015, an ordinance amending Articles 11 and VI
of Chapter 26 of the Code of Laws, concerning residential side and rear yard setbacks, on
second reading and that it take effect 15 days after final publication, with the following
condition:
1. The last sentence of Section 26-611.13 shall read "...a setback less THAN fifteen
(15) feet..."
93
"I move to postpone indefinitely Council Bill No. 10-2015, an ordinance amending
Articles lI and VI of Chapter 26 of the Code of Laws, concerning residential side and rear
yard setbacks, for the following reason(s)
Council Action Form — Residential Setbacks
July 13, 2015
Page 4
REPORT PREPARED BY:
Lauren Mikulak, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2015
2. Planning Commission Meeting Minutes
Council Action Form – Residential Setbacks
July 13, 2015
Page 3
2. Revise Section 26-611.B to allow reductions 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. It is proposed that this section be revised such that a similar
calculation and setback encroachment is permitted on side or rear yards which abut a public
street.
Average Setback --\
1 Front Setback
Section 26-611.13 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.
These two amendments would address the setback burden on substandard lots—particularly in
East Wheat Ridge—while still promoting compatibility with neighborhood conditions. With the
adoption of both amendments, the lesser of the two setbacks would prevail.
RECOMMENDATIONS:
Staff recommends approval of the ordinance. One typo in the existing code has been
identified and is addressed by the recommended condition below.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2015, an ordinance amending Articles I1 and VI
of Chapter 26 of the Code of Laws, concerning residential side and rear yard setbacks, on
second reading and that it take effect 15 days after final publication, with the following
condition:
1. The last sentence of Section 26-611.13 shall read "...a setback less THAN fifteen
(15) feet..."
0
"I move to postpone indefinitely Council Bill No. 10-2015, an ordinance amending
Articles II and VI of Chapter 26 of the Code of Laws, concerning residential side and rear
yard setbacks, for the following reason(s) .11
1P
Vj
1 Front Setback
Section 26-611.13 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.
These two amendments would address the setback burden on substandard lots—particularly in
East Wheat Ridge—while still promoting compatibility with neighborhood conditions. With the
adoption of both amendments, the lesser of the two setbacks would prevail.
RECOMMENDATIONS:
Staff recommends approval of the ordinance. One typo in the existing code has been
identified and is addressed by the recommended condition below.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2015, an ordinance amending Articles I1 and VI
of Chapter 26 of the Code of Laws, concerning residential side and rear yard setbacks, on
second reading and that it take effect 15 days after final publication, with the following
condition:
1. The last sentence of Section 26-611.13 shall read "...a setback less THAN fifteen
(15) feet..."
0
"I move to postpone indefinitely Council Bill No. 10-2015, an ordinance amending
Articles II and VI of Chapter 26 of the Code of Laws, concerning residential side and rear
yard setbacks, for the following reason(s) .11
Council Action Fonn - Residential Setbacks
July 13. 2015
Page 4
REPORT PREPARED BY:
Lauren Mikulak, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2015
2. Planning Commission Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER POND
COUNCIL BILL NO. 10
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 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:
Attachment 1
(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 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 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 26-611.6 of the Code, concerning permitted setback
encroachments, is hereby amended as follows:
B. Allowed #pant ,are+ 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 more 9 less than
the required SETBACKfFoRt yaFd, each new main building may have a ffent-yafd
SETBACK consistent with the average building setbacks in the immediate area., exset
that-fef FOR the purpose of computing such average, a #rent yaFd setback less that
fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of thisFegulat+en 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 are hereby repealed.
Section 12. Effective Date. This Ordinance shall take 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 8 to 0 on
this 8th day of June, 2015, ordered published with Public Hearing and consideration on
final passage set for Monday, July 13, 2015 at 7:00 p.m., in the Council Chambers,
7500 West 291h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2015.
SIGNED by the Mayor on this day of , 2015.
Joyce Jay, Mayor
ATTEST:
Janelie Shaver, City Clerk
Approved as to form
Gerald E. Dahl, City Attorney
First Publication: June 11, 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
2.
3.
4.
J
City of
Wheat Ridge
PLANNING COMMISSION
Minutes of Meeting
May 7, 2015
CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:02 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 291h Avenue. Wheat Ridge. Colorado.
ROLL CALL OF MEMBERS
Commission Members Present:
Commission Members Absent:
Staff Members Present
PLEDGE OF ALLEGIANCE
Dirk Boden
Alan Bucknam
Emery Dorsey
Scott Ohm
Pam Olson
Amanda Weaver
Donna Kimsey
Steve Timms
Lauren Mikulak, Senior Planner
Kim Waggoner. Recording Secretary
APPROVE ORDER OF THE AGENDA
It was moved by Commissioner OHM and seconded by Commissioner WEAVER to
approve the order of the agenda.
Motion carried 6-0.
APPROVAL OF MINUTES — March 5, 2015
It was moved by Commissioner OHM and seconded by Commissioner WEAVER to
approve the minutes of March 5, 2015, as written.
Motion carried 3-0-3 with Commissioners BUCKNAM, BODEN and OLSON
abstaining.
I ...I
Planning Commission Minutes
May 7. 2015
Attachment 2
Commissioner OLSON indicated this was her first public hearing as a Planning
Commissioner and she needed more time to process the proceedings and consid
case. /
It was moved by Commissioner DORSEV and seconded by Comm!Toner OHM
to recommend approval of Case No. WS -15-01, a request for appeoval of a three -
lot subdivision plat on property zoned Residential -Two (R-2) d located at 7193
Teller Street, for the following reasons:
1. All agencies can provide services to the p
installed at the developer's expense.
2. The requirements of Article IV of the z
been met.
With the follofving conditions:
with improvements
and development code have
1. Curb and gutter improv ents shall be constructed along Teller Street
and W. 32nd Place.
2. Fees -in -lieu of side Ik construction be provided at the time of
recordation if th sidewalk is not otherwise to be constructed by the
applicant.
3. Fees -in -lie of parkland dedication be provided at time of recordation.
In response to question from Chair BUCKNAM, Ms. Mikulak clarified the
requireme or curb, gutter and sidewalks and fee -in -lieu.
Moti approved 5-0-1 with Commissioner OLSON abstaining.
ommissioner OLSON indicated that she was not comfortable abstaining from one
case and not the other because they are so closely related. Staff later reminded
commission members that abstentions were only appropriate in the presence of a real
conflict of interest.
B. Case No. ZOA-15-02:
Ms. Mikulak presented the case. She entered into the record the contents of the case
file, zoning code and the draft zoning ordinance, and the digital presentation. The code
amendment would apply to all residential zone districts but would likely only affect a
small group of substandard corner lots, primarily in East Wheat.
She stated City Council directed staff to study the issue of street -facing side setbacks
which may be inhibiting residential reinvestment and 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
particularly corner lots. The goal of this amendment is to reduce the setback burden on
Planning Commission Minutes -6—
May
6—
May 7, 2015
substandard properties. The proposal is to reduce the street facing side setback by half
for corner lots that are less than sixty feet wide. Staff is recommending approval. City
Council is scheduled to hear this case on June 22.
In response to Commissioner OHM's question Ms. Mikulak stated the proposed radius
to determine the average neighborhood setback would be 300 feet. The intent of the
average is to determine what is visible within a certain distance of a specific property.
Commissioner OHM asked what about the existing setbacks and if there would be an
issue with sight distance for these corner properties.
Ms. Mikulak stated that existing setbacks vary. but no development would be allowed
to impact site distance visibility.
Commissioner DORSEY asked why the code amendment should apply to the entire
City if the issue is focused in East Wheat Ridge.
Ms. Mikulak stated there are about six different zone districts in East Wheat Ridge.
The city does not utilize geographic or overlay zoning. Because the code amendment
only applies to corner lots that are less than sixty feet or less in width it is unlikely to
impact other parts of the City.
Commissioner WEAVER stated the previous case would not qualify for the exception.
Ms. Mikulak concurred.
Chair BUCKNAM asked how this street -facing setback standard compares to
surrounding municipalities like Denver.
Ms. Mikulak stated that the Denver zoning code is more complex but tends to have
smaller lots and setbacks. She did not know if there are any such exemptions for
street -facing side yards.
Commission OHM asked how the code amendment would apply to a townhome with
an interior lot line that separates the units.
Ms. Mikulak indicated that interior lot lines for townhomes are treated differently.
Zone district setback standards apply to the overall development parcel on which the
townhomes sit.
Ms. Mikulak also noted that the zoning code has a provision that prohibits
consolidation of multiple substandard R-3 lots for multi -family development unless
multi -family development is the predominant adjacent land use.
Chair BUCKNAM asked for examples of this issue in East Wheat Ridge.
Planning Commission Minutes -7—
May
7_May 7. 2015
Ms. Mikulak replied there were citizens interested in scraping older nonconforming
homes. New homes must meet current setback standards which creates a burden.
Commissioner BUCKNAM opened public hearing.
Larry Matthews
3851 Hoyt St.
Mr. Matthews observed that in lieu of a code amendment. developers could obtain
variances from setback standards. He observed that a City Council priority has been to
provide lo%% income housing and that the code amendment seems to contradict this by
allowing bigger and more expensive housing stock.
Mr. Matthews referenced the Perrin's Rov. townhome project on 38'h Avenue and
expressed his opposition to increasing residential density.
Ms. Mikulak explained the Perrin's Rovv development and the difference in the zone
district and the 38'h Avenue corridor. She also explained the difference in lot sizes in
East Wheat Ridge compared \ ith the v\estern part of the City. She described the
pattern of properties that tiere created in the 1800's that were not platted \yith
consideration for current zoning standards.
Commissioner OHM inquired about the housing market demand.
Ms. Mikulak explained the variety in housing options that is desired in today's market.
The project on 38'h and Depe-%y \%as completely sold out before construction has been
completed.
It was moved by Commissioner DORSEY and seconded by Commissioner
WEAVER to recommend approval of the proposed ordinance amending Articles
ll and V1 of Chapter 26 of the code of laws, concerning residential side and rear
yard setbacks.
Motion carried 6-0.
8. OTHER ITEMS
Ms. Mikulak stated the meeting scheduled for May 21" has been canceled.
She also informed the Commission of stalling changes. Sara White. Planner II. has
moved on to the City of Denver and Josh Botts. Planner I. has decided to pursue a
different career route. She stated the position opening is posted on the website.
Chair BUCKNAM welcomed ne%% Commissioners BODEN and OLSON to the
Planning Commission.
9. ADJOURNMENT
Planning Commission Minutes - 8 —
May 7. 2015
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City of
Wheat �idge
ITEM NO: 3
DATE: June 8, 2015
REQUEST FOR CITY COUNCIL ACTION
_uW1`� ®�
TITLE: COUNCIL BILL NO. 10-2015 - 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
❑ BIDS/MOTIONS
❑ RESOLUTIONS
QUASI-JUDICIAL:
X
® ORDINANCES FOR 1 ST READING (06/08/2015)
❑ ORDINANCES FOR 2"D READING (07/13/2015)
YES
® NO
City Manager
ISSUE:
This ordinance amends setback requirements for side and rear yards that face public streets.
amendment affects only substandard residential lots—those that are 60 feet or less in width.
purpose of this amendment is to reduce the setback burden on substandard properties and
establish standards for new construction that are more consistent with existing neighborhood
conditions.
The
The
PRIOR ACTION:
Staff discussed this issue with City Council at a study session on March 2, 2015. At a public
hearing on May 7, 2015, Planning Commission voted to recommend approval of the proposed
ordinance; meeting minutes from the public hearing will be included with the ordinance for
second reading.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. If the
amendment results in property investment, the City may benefit from building permit fees and
potential increases in property values.
Council Action Form — Residential Setbacks
June 8, 2015
Page 2
BACKGROUND:
In the zoning code, corner lots are subject to different standards than mid -block properties.
Corner lots have increased setback requirements for side yards that face public streets, and new
corner lots are required to be platted with a minimum lot width of 80 feet. Because much of
Wheat Ridge was platted and developed prior to incorporation, there are many substandard
corner lots which do not meet minimum lot width or setback standards. East Wheat Ridge, in
particular, includes the City's smallest residential lots, and the enhanced side setbacks for corner
lots can be considered burdensome.
Very few existing homes in East Wheat Ridge conform to street -facing side setbacks, 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. However, when complete redevelopment is proposed, a variance request
is the only option for relief from street -facing side setbacks.
The current standards for street -facing setbacks on substandard lots are inconsistent with existing
conditions, especially in East Wheat Ridge. This pattern warrants review of a code amendment
to better align existing conditions with the regulatory environment.
Proposed Amendments
Below is a summary of the two proposed code amendments which would address these issues.
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. Given the
widespread pattern of nonconforming setbacks in East Wheat Ridge, staff feels the amendments
are unlikely to impact existing neighborhood character.
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 only 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 -facing side setback
o„ gals front setback STREET equals 112 front setback
x
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Q
.fJ
Buildable Area
c
0
Li
Council Action Form – Residential Setbacks
June 8, 2015
Page 3
2. Revise Section 26-61 LB to allow reductions 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. It is proposed that this section 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.
These two amendments would address the setback burden on substandard lots—particularly in
East Wheat Ridge—while still promoting compatibility with neighborhood conditions. With the
adoption of both amendments, the lesser of the two setbacks would prevail.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 10-2015, an ordinance amending Articles Il and VI
of Chapter 26 of the Code of Laws, concerning residential side and rear yard setbacks, on
first reading, order it published, public hearing set for Monday, July 13, 2015 at 7:00 p.m.
in City Council Chambers, and that it take effect 15 days after final publication.
Or,
"I move to postpone indefinitely Council Bill No. 10-2015, an ordinance amending
Articles II and VI of Chapter 26 of the Code of Laws, concerning residential side and rear
yard setbacks, for the following reason(s) .11
Council Action Form — Residential Setbacks
June 8, 2015
Page 4
REPORT PREPARED BY:
Lauren Mikulak, Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 10-2015
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
COUNCIL BILL NO. 10
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 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-1 A) 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:
Attachment 1
(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 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 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:
B. Allowed kont� d 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 R;eFe 0 less than
the required SETBACKfFeRt each new main building may have a #ward
SETBACK consistent with the average building setbacks in the immediate area., except
that fer FOR the purpose of computing such average, a freetyaFd setback less that
fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose ofthis regelatiOR 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 are hereby repealed.
Section 12. Effective Date. This Ordinance shall take 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 to
on this 8th day of June, 2015, ordered published with Public Hearing and consideration
on final passage set for Monday, July 13, 2015 at 7:00 p.m., in the Council Chambers,
7500 West 29t 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 12015.
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:
City of
�WheatRd' 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 C
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.
CURRENT PROPOSED
Street -facing side setback Street -facing side setback
equals front setback STREET equals 1/2 front setback
ZOA-15-02 / Residential Setbacks
W
W
Y
V
Q
d
9; Buildable Area
c
0
ZOA-15-02 / Residential Setbacks
W
W
2. Revise Section 26-611.B to allow reductions to side or rear vard 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 pennitted on side or rear yards which abut a public
street.
Average Setback
IFront Setback
Section 26-611.13 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:
I . Proposed Ordinance
ZOA-15-02 / Residential Setbacks 3
ills
IFront Setback
Section 26-611.13 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:
I . Proposed Ordinance
ZOA-15-02 / Residential Setbacks 3
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 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-1 A) 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 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 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:
B. Allowed #rep yard 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 0 less than
the required SETBACKfr$etyard, each new main building may have a freRt Yard
SETBACK consistent with the average building setbacks in the immediate area., eXGept
thatfer FOR the purpose of computing such average, a freRyard setback less that
fifteen (15) feet shall be deemed to be fifteen (15) feet.
For the purpose of this regula 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 are hereby repealed.
Section 12. Effective Date. This Ordinance shall take 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 to
on this 8"' 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 29t 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:
CITY OF WHEAT RIDGE
NOTICE OF PUBLIC HEARING
BEFORE PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct
a Public Hearing on May 7, 2015 at 7:00 p.m. in the City Council Chambers, Municipal
Building at 7500 West 291h Avenue, Wheat Ridge, Colorado, to consider Case No. ZOA-
15-02, an ordinance amending Articles II and VI of Chapter 26 of the Code of Laws,
concerning residential side and rear yard setbacks. All interested citizens are invited to
speak at the Public Hearing or submit written comments.
The proposed ordinance is available in electronic form on the City's official website,
www.ci.wheatrid eg co.us, Legal Notices. Copies are also available in printed form in the
Community Development Department.
Published: Wheat Ridge Transcript, April 23, 2015
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Study Session is to be held before the City of Wheat Ridge
PLANNNG COMMISSION on May 7 2015, at 7:00 p.m., in the Council Chambers of
the Municipal Building at 7500 W. 291h 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 Wheat 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-15-02: An ordinance amending Articles II and VI of Chapter 26 of the
Code of Laws, concerning residential side and rear yard setbacks.
Kim waggoner, Adnnmstrative Assistant
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
May 7, 2015
Case No. ZOA-15-02: An ordinance amending Articles II and VI of Chapter 26 of
the Code of Laws, concerning residential side and rear yard setbacks.
(Please print)
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City of
W heat dge
COMMUNITY DEVELOPMENT
Memorandum
TO: Mayor and City Council
THROUGH: Ken Johnstone, Community Development Director
FROM: Lauren Mikulak, Senior Planner
DATE: March 27, 2015 (for April 6"' study session)
SUBJECT: Residential Setbacks and Reinvestment in East Wheat Ridge
Introduction
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 and teardowns. There was particular concern that the zoning code may be
inhibiting residential reinvestment in East Wheat Ridge. Staff has completed an analysis of the
zoning code, and this memo proposes potential code amendments to address Council concerns.
This memo is structured as follows:
1. Potential Code Amendments
2. Teardown Trend
3. Next Steps
Potential Code Amendments
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 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, there are many substandard
comer 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
Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 2
side setbacks do not apply. In other circumstances, such as complete redevelopment, a variance
request may be an appropriate option for seeking administrative relief. In recent years no variance
t�P' w�-7 requests from property owners with street -facing side setback have been requested.
Below are two code amendment options which could further reduce the setback burden on existing
substandard properties:
1. For narrow lots, reduce the street -lacing setback standards.
Staff recommends 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.
CURRENT PROPOSED
Street -facing side setback Street -facing side setback
eouals front setback STREET equals 1. front setback
2. Remise Section 26-611.B allowing reductions to side or rear iYa,-d 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.
044 This could be revised to allow a similar calculation and setback encroachment 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.
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2. Remise Section 26-611.B allowing reductions to side or rear iYa,-d 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.
044 This could be revised to allow a similar calculation and setback encroachment 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.
Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 3
In combination, these two amendments would address the perceived setback burden on substandard
lots, particularly in East Wheat Ridge. If both amendments are advanced, the lesser of the two
setbacks could prevail. Staff recommends these changes apply to all residential zone districts with
the understanding that the change is unlikely to impact properties west of Wadsworth where lot sizes
and widths tend to be larger.
MullfJamily Redevelopment
As Council is aware, the height and density restrictions in the City Charter can be perceived as a
barrier to development of new multifamily products either for rent or for purchase. Since these
provisions are outside the zoning code, they are not included within the scope of this memo. That
said, staff has identified one other provision in Chapter 26 that directly prohibits multifamily
development in neighborhoods otherwise zoned for apartments and townhomes.
Section 26-117.13 directly prohibits the consolidation and development of parcels zoned R-3 and
R -3A unless the predominant adjacent land use is already multifamily development of a similar
density. The purpose of this provision is to protect the character of lower density neighborhoods that
are zoned for a higher density than individual lots can support. Staff is not aware of any
development that has been thwarted by this provision in recent years. An alternative is to rezone
R -3/R -3A parcels to Planned Residential Development which is a longer, but perhaps more
appropriate, route to ensure compatibility with adjacent densities.
Amendment of this code section may require more substantial policy discussion and a more
thorough analysis of potential implications.
Teardown Trend
During the March 2"d study session, there were several specific comments and questions related to
teardowns in East Wheat Ridge. Teardowns or scrapes are a trending phenomenon in landlocked
urban communities in which older homes are removed and replaced with newer and larger homes.
Council observed that teardowns occur more frequently in nearby Denver neighborhoods than in
Wheat Ridge. Staff has provided an analysis of this trend and related zoning code provisions.
Economics of Teardowns
Based on national patterns, teardowns generally occur in neighborhoods that are highly desirable,
but where land is scarce and homes are small. The teardown trend is most prevalent in areas that are
intrinsically appealing based on location, schools, shopping districts, parks, walkability and/or
aesthetics. Based on comments from residents and from people in the real estate industry, East
Wheat Ridge is increasingly considered a highly attractive neighborhood.
From an economic perspective, teardowns only occur if they are the financially attractive option.
Fundamentally, a teardown makes sense only if the value of the land exceeds the value of the
existing home. Developers or homeowners who are seeking a teardown property generally follow
the "rule of three," meaning a scrape is likely to occur only if a replacement home can be sold for
three times the cost of the initial purchase and demolition.
3
Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 4
A recent Denver Post article supports this rule of three. The February 8 article "Scrapes are back in
force" cites a developer who purchased a property in West Wash Park for $460,000 to reconstruct a
duplex. Each unit will be listed for $889,000 for a total resale of $1,778,000, over three times the
initial purchase price.
The basic economics of teardowns, may explain why they have been more common in certain
Denver neighborhoods than in Wheat Ridge. The current average price of homes sold in East Wheat
Ridge is $289,000. If you could find a property for $200,000 the economics of a teardown would
require you to sell it for $600,000 and this scenario is perhaps unlikely to be supported by the current
market.
Regulatory Context of Teardowns
Market realities notwithstanding, staff has completed an analysis of the zoning code to determine
what regulations may support or prevent teardowns, pop -tops, or other residential reinvestment. The
following list describes the zoning tools that are typically used to control residential development
and how they affect the regulatory climate in Wheat Ridge.
Zoning tools used in Wheat Ridge:
• Building coverage: This simple standard is used to limit the density of structures. In most
residential zone districts in the City, and specifically in East Wheat Ridge, the maximum
allowed building coverage is 40%. This is calculated as a ratio of the lot area to the area of
the building footprint (including all structures and decks, but excluding at -grade patios,
sidewalks, or driveways).
Staff has completed an analysis of existing building coverage among three older subdivisions
in East Wheat Ridge (see Exhibit 1). Among 438 properties developed with single-family
homes, the average building coverage is only 28% of the lot area. The average lot size for
single family homes in these subdivisions is 6,777 square feet, and the maximum 40%
coverage would allow up to 2,710 square feet of first floor buildable area. This area should
be more than sufficient to allow development of a home that is attractive to the modern
homebuyer. Staff does not recommend any change to the existing building coverage
standards.
• Setbacks: Front, side, and rear setback standards are used to preserve a buffer from the street,
promote more unifonn development patterns, and provide adequate buffers between lots and
structures. Setbacks limit the location of development by defining the buildable area of a
lot. In most cases, this buildable area will far exceed the size limits established by building
coverage standards. For this reason, setbacks usually have less of an overall impact on site
design than other zoning standards. Residential setbacks were substantially revised (and
generally reduced) in 2009. Other than the proposed amendment for street -facing setbacks,
staff does not recommend any change to this standard.
• Maximum height: Section 5. 10.1 of the City Charter establishes a maximum height limit of
35 feet for all residential zone districts. This height generously allows for a two-story
structure with peaked roofs and can also accommodate a three-story structure with a shed or
n
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Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 5
flat roof. Most residences in Wheat Ridge are single story and are well below this height
limit.
Open space: Minimum open space requirements can limit the size and location of
development on a lot. For single- and two-family zone districts in Wheat Ridge, only 25% of
the lot area is required to be landscaped. For multifamily uses in multifamily zone districts,
this increases to 30%. For residential uses in mixed use districts, this standard is only 10 to
15%. Staff does not recommend any change to this standard.
Zoning tools not used in Wheat Ridge:
• Floor -area -ratios (FAR): These ratios are used as an alternative to a building coverage
percentage and are used to limit the gross size (including all floors) of a home or structure
relative to the size of its lot. These standards can be used to prevent teardowns by limiting
the size of new homes, but the City does not utilize FAR standards.
• Bulk plane: Bulk plane standards limit the volume of space a building can occupy. Unlike
FAR, bulk plane is not relative to the lot area, but may be relative to neighboring structures,
sunlight, and/or view sheds. Again, these standards typically prevent or limit teardowns or
pop -tops, but the City does not utilize bulk plane standards.
Design standards: Design standards can dictate a wide array of architectural considerations
including roof pitch, material selection, garage location, color, solar access, and scale.
Design standards are often used to ensure compatibility within a neighborhood or to protect
historic character. The City has never adopted design standards for single- or two-family
homes. The Architectural and Site Design Manilal applies to multifamily projects, but its
purpose is to ensure material durability and variation rather than to mandate a prescriptive
design character.
• Context -based zoning: Sometimes used as an umbrella term, context -based zoning can be
used to generally describe all of the above tools or it can refer to more specific overlay
standards. The Denver Zoning Code is a good example of context -based zoning. With the
2010 update, it now includes different standards for different types of neighborhoods, such as
suburban neighborhood context, urban edge neighborhood context, and general urban
neighborhood context. Wheat Ridge does not utilize context -based zoning in residential
districts.
• Demolition delay ordinance: Prior to issuing demolition permits, some cities require
neighborhood notice or waiting periods to slow teardown activity. The City of Denver, for
example, outlines a 20 to 50 day timeline for issuance of a demo permit. In Wheat Ridge,
demo permits are issued over the counter.
Ultimately, while Wheat Ridge has not seen an increasing pattern of teardowns, it does not appear
that the regulatory framework is preventing this activity. The provision of over-the-counter demo
permits and the absence of FAR, bulk plane, and design standards promote a permissive
environment related to residential reinvestment. In general, the City's zoning code appears to
support the rights of property owners to reinvest in their homes or to demolish and replace them.
Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 6
The proposed amendments related to setback reductions would further support the City's
reinvestment goals.
Next Steps
As described in this memo, staff is proposing two specific code amendments that could modify the
regulatory framework in support of residential reinvestment. Council is asked to provide direction
on each of these items:
• Reduced setbacks for substandard comer lots, and
• Reduced setbacks based on neighborhood averages for side and rear yards.
Further, staff requests direction from Council on the matter of R-3 lot consolidation.
( �AA� d-,,Y� )
0
Residential Setbacks and Reinvestment in East Wheat Ridge
April 6, 2015
Page 7
EXHIBIT l: BUILDING COVERAGE
Columbia Heights, Olinger Gardens, and Lakeside Resubdivision represent three of the oldest
subdivisions in Wheat Ridge. The smallest residential properties in the City are among these three
subdivisions in which parcels were originally platted at 25 to 50 feet in width. Most homes in this
neighborhood are built across at least two parcels. The average lot size is 6,777 square feet and the
average building coverage is 28%.
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1. Create parcel layer for each subdivision
2. Add fields:
a. TRUESIZE (double)
b. ZONING (text)
3. Edit parcel layer
a. Add zoning for minority zone districts
b. Merge parcels under one ownership (export to geodatabase to get areas of merged
parcels? Yes)
c. Check that buildings and parcels generally line up
Delete ROW records
4. Run "erase" tool
5. Select all for Parcels and Erase features; copy records for selected features and paste in
excel
6. Sort by PIN
7. Paste Erase shape area into Parcels table — name "Erase _Shape—Area"
8. Subtract Erase Area from Shape Area — name "Building Footprints"
9. Sort by True Size and replace all 0 with standard lot size
10. Sort by Zoning and add in
11. Divide Building Footprints by True Size — name "Lot Coverage"
Copy In Excel subtract to get building area and divide by true size to get