HomeMy WebLinkAboutSpecial Meeting Agenda Packet 11-21-16CITY COUNCIL SPECIAL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
NOVEMBER 21, 2016
Upon adjournment from Study Session Muting
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
CITIZEN RIGHT TO SPEAK
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill No. 25-2016 — Amending Articles I, iI and VI of Chapter 26 of
the "Wheat Ridge Code of Laws concerning the Implementation of a
Residential Bulk Plane development Standard (Case No. ZOA-16-06)
ADJOURNMENT
City of
3qrWh6atP,idge
ITEM NO: 1
DATE: November 21, 2016
REQUEST FOR CITY COUNCIL ACTION
00) 0
TITLE: COUNCIL BILL NO. 25-2016 - AN ORDINANCE
AMENDING ARTICLES I, II AND VI OF CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
IMPLEMENTATION OF A RESIDENTIAL BULK PLANE
DEVELOPMENT STANDARD (CASE NO. ZOA-16-06)
® PUBLIC HEARING ❑ ORDINANCES FOR IST READING (11114/2016)
❑ BIDSIMOTIONS ORDINANCES FOR 2N° READING (11/2112016)
❑ RESOLUTIONS
QUASI-JUDICIAL: ❑ YES NO
Community Wvelopm nt Director City Manager
ISSUE:
This ordinance amends the development standards for the Residential -One C (R -i C) zone district
and one -family dwellings in the Residential -Three (R-3) zone district to add a bulk plane
regulation. The purpose of this proposed ordinance is to reduce the mass and scale of new
development in Wheat Ridge's smallest lot single-family zone districts. Currently there are no
development standards for the aforementioned zone districts which limit mass and scale other
than the existing 35 -foot height maximum in effect for all residential zone districts. The
ordinance is also intended to preserve the ability to obtain a reasonable development and
reinvestment potential for private property.
PRIOR ACTION:
Staff discussed this issue with City Council at study sessions on July 18, 2016, August 15, 2016,
October 3, 2016, and October 17, 2016. Planning Commission also had discussions on this topic
on July 21, 2016, September 15, 2016, and a public hearing, on October 20, 2016. {City Council
postponed indefinitely Council Bill No. 25-2016 on October 24, 2016, reconsidered the Bill and
approved on first reading on November 14, 2016.
Council Action Form — Bulk Plane
November 21, 2016
Page 2
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City.
BACKGROUND:
Staff has been researching bulk plane standards for several months and has presented bulls plane
information to City Council and Planning Commission during several study session discussions.
Staff has worked to create an ordinance that balances the goals of the City's guiding documents
such as the Neighborhood Revitalization Strategy and the Comprehensive Plan, which call for
reinvestment in Wheat Ridge neighborhoods, diversification of the City's housing stock and
respecting. Wheat Ridge's established neighborhoods.
In July, staff was directed to continue researching bulk plane standards. Based in part on the
community's response to some infill developments in East Wheat Ridge, Council deemed it
necessary to declare an emergency and adopted an emergency ordinance in August to implement
a bulk plane standard for properties zoned Residential -One C (R -IQ. This emergency ordinance
will expire and cannot be extended, per Charter regulations, on November 21, 2016.
The proposed ordinance intends to be a permanent solution to the emergency ordinance adapted
in August, with a slightly expanded scope. The proposed ordinance reflects the direction
provided by City Council after considering information provided during several rounds of study
sessions, public comments, and Planning Commission recommendations.
During the most recent study session with Planning Commission in rod-Septenibe3r. the
commissioners did not come to a consensus on an appropriate starting height for bulk plane.
Overall, the Commission felt that bulk plane is not the most appropriate tool to address the
neighborhood concerns and suggested that a bulk plane ordinance be adopted only as a temporary
solution as staff conducts a more in-depth analysis into neighborhood overlays. building height,
and architectural design standards.
Following the Planning Commission study session, City Council was presented with a similar
memorandurn and a summary of Planning Commission's discussion. City Council understood
the Planning Commission's desire for a more in-depth process, but directed staff to continue with
the bulk plane ordinance. Staff presents the attached draft ordinance based on preliminary
consensuses reached during City Council study sessions. Generally speaking, City Council
indicated support for the 45' bulk plane measured 15 feet above each property line, as measured
from the base plane. The base plane is calculated as an average property grade at the midpoints
of each property line. City Council came to a consensus on applying bulk plane standards only to
the R -IC zone district and single-family homes in the R-3 zone district..
Proposed Amendments
A summary of the proposed code amendments which would implement a bulk plane standard is
on the next page.
Council Action Form — Bulk Pianc
November 21, 2016
Page 3
1. Neiv dellnitions. Bulk plane standards do not exist in the current cede, requiring the need
for additional definitions to be added. Definitions for base plane, building envelope, and bulk
plane are proposed to be added to the Code of Laws.
2. Development Standards. The Development Standards charts for the Residential -One C
(R -IC) and Residential -Three (R-3) zone districts are proposed to be modified by adding a
footnote to the maximum height column which states that bulk plane regulations shall apply
in conformance with Section 26-641 of the Code of Laws.
3. Bulk Platte. A new section is proposed to be added to the Code of Laws, Section 26-641,
titled "Bulls Plane," This section describes the applicability, measurement, and allowable
exceptions to the bulk plane regulations.
4. Bulls Plane measurement. The bulk plane is proposed to be measured from the base plane
vertically 15 feet from each property line. After reaching 15 feet, the bulk plane extends over
the property at a 45° angle.
Base Mane
5. Buse Plane measurement. The base plane is proposed to be measured as the average of
the elevations of the mid -point of each property lime.
*WRAGE GRADE MCULAWON
7A4
781
713
4111 -20
. AWAWGRW
Council Action Farm -- Bulk Plane
November 21, 2016
Page 4
6, Exceptions. Stall'proposes the following list of exceptions: chimneys, architectural features
consistent with current setback encroachment allowances, mechanical equipment, including
solar panels, and do nners with some size limitations. Staff has also included open -type railings
compliant with adopted City codes. The 2012 International Residential Code. which the City has
adapted and currently enforces, calls for the following: 36" tall railings, openings in the railings
(such as the space between supports, spindles, intermediate rails, and the like) must be spaced in
a manner which does not allow a four -inch sphere to pass through it.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 25-2016, an ordinance amending Articles 1. 11 and VI of
Chapter 26 of the Wheat Ridge Code of Laws conceming the implementation of residential bulk
plane development standards, on second reading and that it take effect ininiediately upon
adoption and signature by the Mayor_"
Or,
I move to postpone indefinitely Council Bill No. 25-2016, an ordinance amending Articles I, 11
and VI of Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of
residential bulk plane development standards, for the following reason(s)
1.
REPORT PREPARED/REVIEWED BY:
Zack Wallace, Planner I
Kenneth Johnstone, Community Development. Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 25-2016
2. Zoning Mala depicting R-1 C and R-3 zoned properties east of Wadsworth
Boulevard
3. Zoning, Map depicting R -I C and R-3 zoned properties west of Wadsworth
Boulevard
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DURAN
COUNCIL BILL NO. 25
Series 2016
�i � �LII���7IiT•l:� l LTiL �1�'C +h ►�1 i>i � ' y'i l �` �1'►'L`l���r:ll �011@4I1I4
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 infili 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 wili 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 -ane C (R-1 C) zone district. enacted August 22.
2016, is repealed upon the effective date of this ordinance.
Attachment I
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 26-603B. 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 26-208.8 (Residential -One C District [R -1C] Development
Standards) of the Code is amended by the addition of footnote (f) as follows:
(F) BUT PLANE REGULATIONS SHALT_ APPLY IN
ACCORDANCE WITH SECTION 26-641.
Section 5. Section 26-211.8 (Residential -Three District [R-31 Development
Sfianriarrigl of the C'nrip iq Amp-nrip-d by the Aririitinn of fnntnntp (h) ne fr)llr��Aiq-
Maximum
Height
Maximum
Minimum
Minimum
Minimum
Minimum
Minimum
Coverage
Coverage
Area
Width
Yard
!
Yard
Setbackt
Setback aSetback
•.ck (b)
Sets.Setback
35' (h)
Principal
Buildings
One -family
dwelling
35' (f)
40%
5,000 sf
50'
20' (d)
5' lit]
5' M
40%
Group home
35' (f)
40%
5,000 sf
50'
20' (d)
5' (f)
5' (f)
Churches,
(3/more dwelling
35'
40%
schools.
100'
25'(e)
15' (c)
15' (C)
units)
government and
Group home
35'
40%
quasi -
75'
25' (e)
st per
10'
Churches,
government
schools,
buildings, golf
35' (
40%1
acre
204'
20' (d)
15' (f)
24" (f)
courses, small
quasi -
day care center,
government
and nursing,
buildings, golf
courses, small
35'
40%
elderly and
200'
25'(e)
15' (c)
20'
day care center,
congregate care
and nursing,
homes
elderly and
Accessory
Major
15' (f)
600 sf
N/A
N/A
20' (d)
5'
5'
Buildings
e
Minor
10' (f)
300 4f
N/A
N/A
20'(d)
$'
S'
All Other Uses
35' (f)
40
9.+000 sf
60'
20' (d)
5' (e)
10'
(F) BUT PLANE REGULATIONS SHALT_ APPLY IN
ACCORDANCE WITH SECTION 26-641.
Section 5. Section 26-211.8 (Residential -Three District [R-31 Development
Sfianriarrigl of the C'nrip iq Amp-nrip-d by the Aririitinn of fnntnntp (h) ne fr)llr��Aiq-
Maximum
Height
Maximum
Building
Minimum Minimum
Lot Lotde
Minimum
Minimum
Minimum
Rear
Coverage
Area
. ■
Yard
Yard
Setbackt
Setback aSetback
Principal
Buildings
One-familyu
dwelling
35' (h)
40/0
7,500 sf
60,
25' (e)
5' (h)
10' (h)
Two-family
dwelling
35'
40%
9,000 sf
75'
25' (e)
5' per
story
10'
Multifamily
12 500
(3/more dwelling
35'
40%
sf (f)
100'
25'(e)
15' (c)
15' (C)
units)
Group home
35'
40%
9,000 sf
75'
25' (e)
st per
10'
Churches,
schools,
government and
quasi -
government
buildings, golf
courses, small
35'
40%
1 acre
200'
25'(e)
15' (c)
20'
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 Code is hereby amended by the addition of a new
section 26-641, to read in its entirety as follows:
�►�I�.'�A:i1114'�►I�
A BULK PLANE, IN ADDITION TO THE HEIGHT AND SETBACK
STANDARDS OF ARTICLE II, 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 Il, 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
Maximum
Height
Maximum
Building
Minimum Minimum
Lot Lot
Minimum
Front
Minimum
Side
Minimum
Rear
Coverage
Area Width (a)
Yard
Setback (b)
Yard
Setback (d)
Yard
Setback (d)
!
.re !-
height;
r
height
•
=M===MM
(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 Code is hereby amended by the addition of a new
section 26-641, to read in its entirety as follows:
�►�I�.'�A:i1114'�►I�
A BULK PLANE, IN ADDITION TO THE HEIGHT AND SETBACK
STANDARDS OF ARTICLE II, 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 Il, 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.
OLLOWS:A. CHIMNEYS
6. 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 T. Section 26-641 (Bulk plane.) of the Code is amended by the addition
of Figure 26-641.1.
BASE PLANE
MAXIMUM BUILDING HEIGHT
BUILDING ENVELOPE
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.
x84
A1728 = 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 241' day of October, 2016.
RECONSIDERED, READ AND ADOPTED on first reading by a vote of 7 to 1
this 14=x' 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 29tn Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of 2016.
SIGNED by the Mayor on this day of , 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: November 17, 2016
Second Publication:
Wheat Ridge Transcript
Effective Date:
Published:
Wheat Ridge Transcript and www.ci.wheatrldge.co.us
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