Loading...
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 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Carly Lorentz, Assistant to the City Manager at 303-235-2876 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 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 t All 08 i� W O d U ygs Y F Q cn ID R Ck m D "r , 1 U F�3+F3 it i Q C 0