HomeMy WebLinkAboutOrdinance 1613CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DURAN
COUNCIL BILI. NO.25-2016
ORDINANCE NO. 1613
Series 2016
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING THE REGULATION OF BULK PLANE
STANDARDS FOR THE RESIDENTIAL -ONE C (R -1C) AND ONE -FAMILY
DWELLINGS IN THE RESIDENTIAL -THREE (R-3) ZONE DISTRICT
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and protection of the public health, safety and
welfare, and
WHEREAS, in 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 pertaining
to zoning, land use. and development: and
WHEREAS, the City is witnessing three-story residential infill development in
established neighborhoods consisting of mostly single -story residences. and
WHEREAS, the City Council has identified this development pattern as
constituting a detriment to the public peace, health, and safety by impacting privacy and
impairing the adequate supply of light and air to adjacent property; and
WHEREAS, the City Council finds that this ordinance is necessary to address
this development pattern. and
WHEREAS, the City Council adopted an emergency ordinance, pursuant to
Section 5.13 of the Wheat Ridge City Charter which enacted a bulk plane regulation in
the Residential -One C (R -1C) zone district, and
WHEREAS, the emergency ordinance will expire on November 21, 2016,
pursuant to Section 5.13 of the Charter, and
WHEREAS, the City Council believes a permanent ordinance will continue to
improve the quality or character of new development and further enhance and protect
existing neighborhoods while respecting private property rights;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Ordinance No. 1602, declaring an emergency and enacting a bulk
plane regulation in the Residential -One C (R-1 C) zone district, enacted August 22,
2016, is repealed upon the effective date of this ordinance.
Section 2. Section 26-120 C.1 (Nonconforming structures and uses) of the Code
is amended to read.
Any one- or two-family dwelling structure or customary accessory
structures may be enlarged, altered or added to provided that all lot
coverage requirements of the zoning district in which the structure is
located are met, and provided that the enlargement. alteration or addition
does not increase the extent of nonconforming setbacks by encroaching
beyond the existing setback line. THE RESIDENTIAL BULK PLANE
STANDARDS SET FORTH IN SECTION 26-641.A SHALL APPLY TO
ANY ENLARGEMENT, ALTERATION OR ADDITION OF OR TO BOTH
THE PRIMARY STRUCTURE AND ANY ACCESSORY STRUCTURES
TO THE PRIMARY STRUCTURE. In instances of corner lots, no
enlargement, alteration or addition shall be permitted to encroach within
the minimum sight distance triangle as set forth in subsection 26-6038 In
addition, no enlargement, alteration or addition which extends within the
nonconforming area shall result in the development of any additional
dwelling units
Section 3, Section 26-123 (Definitions.) of the Code is amended by the addition
of the following definitions in their appropriate alphabetical locations.
Base plane. The horizontal plane which is generally parallel
to a property's existing grade from which building height and
bulk plane are measured
Building envelope. The three-dimensional space within
which a structure is permitted to be built on a lot and which
is defined by regulations governing building setbacks,
maximum height, and bulk plane, by other regulations. or any
combination thereof
Bulk plane. The angled plane which extends from a set
height above each property line and constrains the permitted
building envelope.
Section 4. Section 26-208.B (Residential -fine C District [R -1C] Development
Standards) of the Code is amended by the addition of footnote (f} as follows:
(F) BULK PLANE REGULATIONS SHALL APPLY IN
ACCORDANCE WITH SECTION 26-641.
Section 5. Section 26-211.B (Residential -Three District (R-3] Development
Standards) of the Code is amended by the addition of footnote (h) as follows:
Principal
Buildings
Maximum Maximum Minimum MinIMLIM Mimmurn Minimum
Height
SetbackCoverage Area Width (a) Yard Yard
..Setback
Minimum
Yard
60' 25' (e) 5' (h)
Principal
One-family4
35' (f) 40 /0 5.000 sf 50' 20` (d) M5'
(1)
Bu ridings
dwelling
9,000 sf 75'
Group home
35' (f)
40%
5.000 sf
50'
20' (d)
5' (f)
5' (f)
Churches,
Multifamily
12,500
schools,
35'
40%
sf M
100'
25' (e)
15' (c)
15' (c)
government and
quasi-
35'
40%
9.000 sf
75'
25' (e)
5' per
10'
govemment
buildings, got(
36. (f)
40%
1 acre
200'
20' (d)
15' (f)
2.0' (f)
courses, small
day care center,
and nursing,
elderly and
35'
40%b
1 acre
200'
25' (e)
15' (c)
20'
congregate care
homes
Accessory
Major
15' (f)
600 sf
NIA
N/A
20' (d)
5'
S'
Buildings
Minor
10' (fj
300 sf
NIA
NIA
20' (d)
5'
S'
e
congregate care
All Other Uses
35" (f)
40%
9,00 sf
60'
20' (d)
5' (e)
10'
(F) BULK PLANE REGULATIONS SHALL APPLY IN
ACCORDANCE WITH SECTION 26-641.
Section 5. Section 26-211.B (Residential -Three District (R-3] Development
Standards) of the Code is amended by the addition of footnote (h) as follows:
Principal
Buildings
One-famOy
dwelling
35• (h) 40% 7,500 sf
60' 25' (e) 5' (h)
10' (h)
Two-family
35'
40%
9,000 sf 75'
25 (e) 5' per
10,
dwelling
story
Multifamily
12,500
(3/more dwelling
35'
40%
sf M
100'
25' (e)
15' (c)
15' (c)
units)
Group home
35'
40%
9.000 sf
75'
25' (e)
5' per
10'
Churches,
schools,
govemment and
quasi -
government
buildings. golf
35'
40%b
1 acre
200'
25' (e)
15' (c)
20'
courses, small
day care center,
and nursing,
elderly and
congregate care
homes
(H) BULK PLANE REGULATIONS SHALL APPLY TO ALL.
ONE -FAMILY DWELLING PRIMARY AND ACCESSORY
BUILDINGS IN ACCORDANCE WITH SECTION 26 -641 -
Section 6. Chapter 26 of the Cade is hereby amended by the addition of a new
section 26-641, to read in its entirety as follows:
26-641. BULK PLANE
A BULK PLANE. IN ADDITION TO THE HEIGHT AND SETBACK
STANDARDS OF ARTICLE 11, BUILDING ENVELOPES ARE
REGULATED BY A THREE-DIMENSIONAL BULK PLANE FOR THE
PURPOSE OF PRESERVING NEIGHBORHOOD COMPATIBILITY,
PRIVACY AND THE ADEQUATE SUPPLY OF LIGHT AND AIR.
1. APPLICABILITY THE BULK PLANE RESTRICTIONS OF THIS
SECTION SHALL APPLY TO ALL STRUCTURES ON A LOT
FOR WHICH A BUILDING PERMIT IS APPLIED FOR AFTER
THE EFFECTIVE DATE OF ORDINANCE NO --- SERIES
2016, THE ENTIRETY OF ANY BUILDING ENVELOPE SHALL
BE CONTAINED WITHIN THE BULK PLANE, UNLESS
OTHERWISE EXEMPTED BY SUBSECTION 4.
2 MEASUREMENT OF BULK PLANE, THE BULK PLANE IS A
PLANE THAT BEGINS FIFTEEN (15) FEET ABOVE EVERY
PROPERTY LINE OF A LOT OR PARCEL, WHICH THEN
SLOPES AT A FORTY-FIVE (45) DEGREE ANGLE UNTIL IT
INTERSECTS THE BULK PLANE FROM THE OPPOSITE SIDE.
OF THE LOT OR PARCEL. SEE FIGURE 26-641.2. MAXIMUM
BUILDING HEIGHTS SET FORTH IN ARTICLE II, CHAPTER 26
SHALL APPLY REGARDLESS OF THE HEIGHT AT WHICH
THE TWO OPPOSITE BULK PLANES INTERSECT ABOVE
THE LOT OR PARCEL -
3 MEASUREMENT OF BASE PLANE. THE BASE PLANE (SEE
FIGURE 641.1) SHALL BE MEASURED FROM THE EXISTING
AVERAGE GRADE OF A LOT OR PARCEL AVERAGE GRADE
SHALL BE CALCULATED AS THE AVERAGE OF THE
ELEVATIONS TAKEN AT THE MIDPOINTS OF EACH
PROPERTY LINE. SEE FIGURE 26-641.2.
4. EXCEPTIONS, ENCROACHMENTS INTO THE BULK PLANE
SHALL BE PERMITTED AS FOLLOWS.
A CHIMNEYS
B. OPEN -TYPE RAILINGS COMPLIANT WITH
ADOPTED CITY CODE
C. ARCHITECTURAL FEATURES. CORNICE, EAVES,
BELTCOURSES. SILLS, CANOPIES OR OTHER
SIMILAR ARCHITECTURAL FEATURES, INCLUDING
BAY WINDOW, MAY EXTEND OR PROJECT INTO THE
BULK PLANE NOT MORE THAN THIRTY (30) INCHES
D. MECHANICAL EQUPMENT. VENT PIPES, SOLAR
PANELS, SWAMP COOLERS.
E DORMERS MEASURING NO MORE THAN EIGHT (8)
FEET WIDE, SIX (6) FEET TALL, AS MEASURED FROM
THE LOWEST POINT OF INTERSECTION BETWEEN
THE ROOF AND THE DORMER TO THE HIGHEST
POINT OF A FLAT ROOF OR MEAN HEIGHT LEVEL
BETWEEN EAVES AND RIDGE FOR A GABLE, HIP,
GAMBREL OR OTHER ROOF; AND, OCCUPYING NO
MORE THAN FIFTY (50) PERCENT OF THE ROOF
Section 7. Section 26-641 (Bulk Mane.) of the Code is amended by the addition
of Figure 26-641,1.
BASE PLANE
Figure 26-641.1. Section view of hulk plane building envelope, as measured from
all property lines.
Section 8. Section 26-641 (Bulk plane.) of the Code is amended by the addition
of Figure 26-611.2.
284
�28t1
281 �� .•
283
284
4'1128 = 282
AVERAGE GRADE
Figure 26-641.2. Average Grade Calculation
Section 9. 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 10. Effective Date. Pursuant to Charter Section 5.11, this ordinance shall take
effect upon adoption and signature by the Mayor
INTRODUCED, READ, AND FAILED TO BE ADOPTED on first reading by a
vote of 3 to 4, the 24" day of October, 2016,
RECONSIDERED, READ AND ADOPTED on first reading by a vote of 7 to 1
this 14th day of November, 2016 and ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge. and Public Hearing and consideration on
final passage set for November 21, 2016 at 7:00 p.m., in the Council Chambers, 7500
West 2911' Avenue. Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 1 , this 21st day of November 2016.
SIGNED by the Mayer on this 21St
ATTEST:
Anelle Shaver, City Clerk
ak N%N H
V E A rn`
-6LRa �
First Publication: Nov--e7rt�5er 17, 2016
Second Publication: December 1, 2016
Wheat Ridge Transcript
Effective Date' November 21, 2016
A7pe s to F rrn
r
er d E Dahl, City Attorney
Published:
Wheat Ridge Transcript and www.ci.wheatridge.co.us