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HomeMy WebLinkAboutZOA-16-03CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 21 ORDINANCE NO. 1602 Series 2016 TITLE: A TEMPORARY 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) ZONE DISTRICT AND DECLARING AN EMERGENCY 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 (the "Code") 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 believes that this ordinance will improve the quality or character of new development and further enhance and protect existing neighborhoods while the issue is being further studied; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. 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 26-611.A. SHALL APPLY TO ANY ENLARGEMENT, ALTERATION OR ADDITION OF BOTH PRIMARY AND ACCESSORY STRUCTURES OF 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 2. 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 original 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 3. Section 26-208.6 (Residential -One C District [R -1C] Development Standards) of ine Code is amended Dythe addition of Tootnote T as TOIIOWs: Mininium tO 1111111 L! III Maximum Height (f) Maximum Building Coveriqp MIMMUM Minin-11,1111 Lot Lot Area VVidth (a) Minimum Front Yard Setback (b) .- Yard Setback (c) Rear Yard Setback (c) Principal Buildings One -family dwelling 35' (f} o 40 Jo 5.000 sf 50" 20' (d) 5' 5' Group home 35' (f) 40% 5,000 sf 50, 20' (d) 5' 5' Churches, schools, government and quasi - government buildings, golfo courses, small 35' (f) 4D /0 1 acre 200' 20' (d) 15' 20` day care center, and nursing, elderly and congregate care homes Accessory Major 15' (f) 600 sf NIA NIA 20' (d) 5' 5' Buildings Minor 10' (f) 300 sf N/A NIA 20' (d) 5" 5' e, All Other Uses 35' (f) 4D% 9,000 sf 60' 20' (d) 5' (e) 10' (F) BULK PLANE REGULATIONS SHALL APPLY IN ACCORDANCE WITH SECTION 26-611, Section 4. Section 26-611 (Building setbacks.) of the Code is amended by the addition of subsection A as follows (with appropriate relettering of subsequent sections): 26-611. BULK PLANE AND Building Setbacks: 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 26-611.2. MAXIMUM BUILDING HEIGHTS SET FORTH IN ARTICLE li, 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 SHALL BE MEASURED FROM THE ORIGINAL 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 26-611.3. 4. EXCEPTIONS, ENCROACHMENTS INTO THE BULK PLANE SHALL NOT BE ALLOWED, EXCEPT FOR THOSE ENCROACHMENTS EXPLICITLY ALLOWED IN SECTION 26- 6112, ITEMS 1 THROUGH 4. Section 5. Section 26-611 (Building setbacks.) of the Code is amended by the addition of Figure 26-611.2. Bulk PL Bulk PI veto+,e ►eight 35 Base PWne Figure 26-611.2. Section view of bulk plane building envelope, as measured from all property lines. Section 6. Section 26-611 (Building setbacks.) of the Code is amended by the addition of Figure 26-611.3. Figure 26-611.3. Average Grade Calculation 268 84 4� 1r 128 = 282 - AVERAGE GRADE Section 7. Emernency Declared. Pursuant to Charter Section 5.13 the Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge and that this Ordinance is necessary for the immediate preservation of public peace, health and safety. Specifically, the immediate effectiveness of this Ordinance is necessary to address currently -occurring three-story residential infill development in established neighborhoods in a manner which constitutes a detriment to the public peace, health, and safety by impacting privacy and impairing the adequate supply of light and air to adjacent properties Section 8. Effective Date. As provided by Charter Section 5.13, this Ordinance shall take effect immediately upon final passage and shall not be in effect for longer than ninety (90) days from the date of passage. INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of 8 to o , this 22nd day of August , 2016 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. SIGNED by the Mayor on this ATTEST: J elle Shaver, C' Clerk , 4 bNHEyT "SEAL rk JORaDO Publication: August 25, 2016 Wheat Ridge Transcript 22nd day of August. , 2016. City Council Minutes August 22, 2016 Page 3 c) Motion to award a contract to W.L. Contractors, Inc. of Arvada, CO for on-call maintenance and repair services of traffic signals and street/pedestrian lights [One year plus renewal options; starts 9/17/16; $45K approved in 2016 budget] d) Motion to award a contract to ABCO Contracting, Inc., in the amount of $173,183 for the Bridge Rehabilitation Project on Marshall Street over Clear Creek, and to approve a 20% Contingency of $34,650 for a total amount of $207,833 [$320K budgeted in 2015 ClP; carried over] e) Resolution 30-2016 – approving an Agreement with US Retail Partners LLC providing for the design and construction of a traffic signal at the intersection of 32nd Ave. and Xenon Street [City share for design, installation and credit due is $210,500) Councilmember Davis introduced the Consent Agenda Motion by Councilmember Davis to approve the Consent Agenda items a), b), c), d) and e); seconded by Councilmember Pond; carried 8-0. —� EMERGENCY ORDINANCE 2. Council Bill No. 21-2016 - 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) Zone District and declaring an emergency (Case No. ZOA-16-03) In response to recent development patterns Council directed staff to draft an emergency ordinance implementing a 45 -degree bulk plane beginning at 15 -feet above the property line for properties zoned R1 -C. Councilmember Hoppe introduced the Emergency Ordinance. Clerk Shaver assigned Ordinance number 1602. Mayor Jay opened the public hearing. Staff presentation Lauren Mikulak, City planner, entered into the record the case file, the zoning ordinance and the emergency ordinance. • At 15 feet above the property line a 45 degree angle is extended. • Per Council's direction the ordinance will apply only to R -1C. • The impact will be to scale back the massing of any new structure or addition. • The ordinance will be effective for 90 days. Analysis of the issue will continue during this time, with a public process that typically accompanies a code amendment. o Tentative timeline for proposed permanent changes to Chapter 26 is. City Council Minutes August 22, 2016 Page 4 Planning Commission: Study Session on Sept. 15; Public Hearing Oct. 6 City Council: 1st reading on Oct 10; 2"d reading (public hearing) on Oct 14. o This provides three opportunities for public comment. Public Comment Benny Gonzales (Eaton St, WR) urged Council to approve this ordinance. He and his neighbors favor a height restriction of 12%2 feet as more in line with what exists in the neighborhood. He has signatures of support. Jesse Hill (Chase St, WR) is shocked that Council is fast tracking this with an emergency ordinance. Rather than pass this ordinance he asked that they slow down, involve the community, and do it right. It's causing difficulties and strife in the neighborhood; people who've invested lots of time and money in their properties will have to put their plans on hold. He asked Council to take time and give people a chance to alter their plans. There are so many technical aspects to this and it's changing what was intended for the neighborhood. Jerry DiTullio (WR) noted the City Charter has allowed 35 feet for years, and the Neighborhood Revitalization Strategy of 2005 says we need to look at more new market rate housing — especially in District 1. He sees the emergency ordinance as a win—win: It says we're open for business and uses the bulk plane restriction most Colorado cities use, Variances are still an option; staff can approve that if it's 50% or less, or a public process can take place. He thinks a moratorium says we're closed for business. Katie Jacobson (Chase St, WR) thanked Council for considering this ordinance and for taking immediate action. She urged them to consider all options — including bulk plane between 10 and 15 feet, larger rear setbacks, and a lower overall height requirement. Victoria Mendoza (WR) agrees with the emergency ordinance. She understands people have investment, but there are many issues to study and the impact to the neighbors and the neighborhood should be considered. Vivian Vas (WR) supports doing something about these tail houses — which she and others fear going in next door. She urged clear headed thinking and listening to citizens. Council has determined this development pattern continues as a detriment to the public peace, health, safety and welfare by impacting privacy and the flow of adequate air and light to adjacent properties. That should be the number one concern — not the developers. Considering the two consensuses from last week — one from the citizens' point of view and the other from a developer's view point, she urged Council to do what's best for all the community. Michael Epson (Chase St, WR) talked about the neighborly environment that exists in the R-1 C zone due to the small lots. It's a very special relationship that doesn't exist where there are large lots. They'd really like to see the bulk plane height be 121/2 feet — given the narrowness and small size of the lots. They don't want to stop development, but the architecture of the neighborhood needs to matched_ He asked for a show of hands from the audience who supported 121/2 feet, but was denied by the mayor. He urged passing a moratorium and getting the height down to 121/2 feet. Many citizens back that. City Council Minutes August 22, 2016 Page 5 Kim Calomino (WR) urged caution on a moratorium which she feels could threaten property rights and have a lasting ripple effect on our reputation. She questioned if this is really an emergency. Many people have significant investment in renovation of our housing stock — which is what we envision. Alignment with the NRS study and the comp plan should be considered. Limitations in the bulk plane regulations can complicate design. More time is needed. She urged Council not to pass the emergency ordinance, but to engage property owners. A public process is necessary to listen to all the voices. Al Lazalde (Chase St, WR) lives across the street from one of the tall house. His view of the mountains and trees is gone. He'd like the Council and mayor to make it 121/2feet bulk plane and a 25 ft height limit. Having lived in the area for 43 years it makes him sad to see this happen. He works construction and knows growth is important to an area, but he believes you also have to be responsible. Loretta Campbell (Chase St, WR) is concerned about the three-story, flat roofed houses. The alignment of uphill and downhill windows is a problem. She related a personal experience she had because people could see directly into the middle of her house. She read from the Comprehensive Plan that says "we value existing residential communities and ..... a goal is to maintain and enhance the character of the neighborhoods". Mayor Jay closed the public hearing. Motion by Councilmember Hoppe to approve Council Bill No. 21-2016, 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-1 C) zone district, and declaring an emergency; seconded by Councilmember Pond. Motion by Councilmember Duran for a substitute motion enacting a 90 -day moratorium on the same activities, and calling for a brief recess so the City Attorney can craft a temporary moratorium ordinance; seconded by Councilmember Mathews. Mr. Dahl advised that if this motion passes, per Roberts' Rules, it will serve as a proper substitution and become a new ordinance. He will then bring forward the new ordinance and another vote of Council will be necessary to complete the action. Discussion followed Councilmember Mathews spoke about reasonable times for limitations on property rights and the expectations of an established community. People who come into an established neighborhood have a responsibility to respect the people who are already there. Projects being put on hold is a normal part of the construction businesses. Developers don't care about the neighborhood; they only care about their profit margin. He favors a moratorium instead of this emergency ordinance, with a compromise of 27 feet, so that height and setbacks can be addressed in all districts and the charm and ambiance of our neighborhoods can be preserved. City Council Minutes August 22, 2016 Page 6 Councilmember Duran noted there is no desire to impede anyone improving their home, but District 1 has 600 parcels of R-1 C property. All citizens want is to step back, have these conversations in 90 days, and arrive at a solution that is pleasing to everyone. Councilmember Davis thinks the 90 -day emergency ordinance is about the same as a moratorium. Staff has said there will be public outreach. She thinks the original motion is a compromise using standards that other communities use. Citizens will have ideas. It was clarified that the original motion and the substitute motion are both for 90 days. Councilmember Duran's motion failed 3-5, with Councilmembers Wooden, Fitzgerald, Davis, Pond, and Hoppe voting no. Motion by Councilmember Duran to add to the title that it is a "temporary" ordinance; seconded by Councilmember Mathews. Discussion followed. Councilmember Hoppe thinks this is the right way to address this because a moratorium can send a wrong message. There are people who've invested money in their properties with an expectation. Council shouldn't judge what is ugly; she said some people love these modern structures. She believes moratoriums can have consequences. Councilmember Fitzgerald will support this temporary ordinance because there are many different constituencies — current residents and developers. One of our goals is to improve our housing stock. Bulk planes are complicated and we want to reach a balance where everyone's interest is taken care of. A temporary moratorium is actually beneficial to us all because we can take time and do it the right way. It was established that there are no projects like this in the mill — so no one will have a problem, Three months is not long to wait. Councilmember Urban announced he would begrudgingly vote for this, but he thinks vetting in a public process needs to happen. He's concerned that an emergency ordinance process limits transparency and people's ability to speak on it. Councilmember Pond is sorry we've come to the point of a moratorium or emergency ordinance. He doesn't think this is the best way to handle it, but believes this represents a substantial outreach to the public and a good compromise. As Council continues its work there will be three more opportunities for public input. Councilmember Wooden noted that everyone's preferences are different and there are no guarantees that nothing will ever change in a neighborhood. She said the Council is trying to work on compromise for existing home owners and those coming in. Councilmember Duran thinks a moratorium sends a good message - that Council cares enough to take 90 days to discuss with citizens what they want in their neighborhood. She's also never heard one citizen says these houses are ugly. City Council Minutes August 22, 2016 Page 7 Lauren Mikulak suggested there should probably be another study session with Council. Staff will work to get this on the website so online comments can be submitted. Councilmember Mathews asked that in addition to height, staff also consider setbacks on all sides and something about neighborhood characterization. He'd also like to look at transition between zone areas sometime in the future. Mr. Goff informed that this process will only be about bulk plane in R -1C — not height or setbacks. The main motion, as amended, carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 3. Council Bill 08-2016 — An Ordinance approving a Zone Change from Planned Commercial Development to Planned Industrial Development and a request for approval of an Outline Development Plan for Property located at 12700 W. 441h Ave. (Case No. WZ-10/Stor-all Storage) This request for rezoning, and concurrent request for approval of a Specific Development Plan (SPD) [Agenda Item 4] is to facilitate the construction of storage units. A legal protest for the zone change was filed by the neighbors — thus requiring a super - majority vote of the Council for approval. Councilmember Wooden introduced Council Bill 08-2016, Clerk Shaver assigned Ordinance 1603. Mayor Jay opened the public hearing and swore in the speakers. Staff presentation Lisa Ritchie gave the staff presentation. She entered into the record the case file, zoning ordinance, comprehensive plan and the contents of her presentation. She also entered into the records three letters from neighbors that have been received. [The letters are from Ray Stromeyer, Elias Loya and Millie Richards, and Nicholas Dymond. All oppose the rezoning to Industrial and the height of the proposed building.] • The 1.81 -acre property along Youngfield near 44'h Ave. is triangle shaped. • It was zoned as Planned Commercial Development (PGD) in 1985, • Surrounding zoning includes A-2 (agriculture) with single family homes and a small business to the northeast. • The Comprehensive Plan identifies this area as a neighborhood buffer. • The irrigation ditch along Youngfield is to be piped and buried. • The property has an extension out onto Xenon Street. • The Outline Development Plan (ODP) which establishes zoning and uses, and the Specific Development Plan (SDP), the site pian, are being processed concurrently. • A subdivision plat will be submitted and processed administratively. City of pp p Q �' pC.. l ` Wheat �dge �oQ 1 iO ITEM NO: ` DATE: August 22, 2016 REQUEST FOR CITY COUNCIL ACTION to 1 = v,:, TITLE: COUNCIL BILL NO. 21-2016 - 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) ZONE DISTRICT AND DECLARING AN EMERGENCY (CASE NO. ZOA-16-03) Ord, ((VC) -2 - PUBLIC (VC)2 QUASI-JUDICIAL: ® YES P, Community D Telo+nTbirector ❑ NO L47tXJ_'e0V City Manager ISSUE: This ordinance introduces bulk plane requirements for the Residential -One C (R -1C) zone district. This amendment is in response to recent development patterns, largely seen in east Wheat Ridge, where new homes are being constructed to the full extent of the current development standards (specifically height and minimum setbacks) allowed by Chapter 26 of the Wheat Ridge Code of Laws. The City Council has determined that this development pattern constitutes a detriment to the public peace, health, safety, and welfare by impacting privacy and impairing the adequate supply of light and air to adjacent properties. As such, the City Council directed staff to draft an emergency ordinance implementing a 45 -degree bulk plane beginning at 15 -feet above the property line for properties zoned Residential -One C. Being declared an emergency by City Council, this ordinance will become effective immediately for a period of 90 days, expiring November 20, 2016. PUBLIC HEARING ❑ ORDINANCES FOR IST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS ® EMERGENCY ORDINANCE QUASI-JUDICIAL: ® YES P, Community D Telo+nTbirector ❑ NO L47tXJ_'e0V City Manager ISSUE: This ordinance introduces bulk plane requirements for the Residential -One C (R -1C) zone district. This amendment is in response to recent development patterns, largely seen in east Wheat Ridge, where new homes are being constructed to the full extent of the current development standards (specifically height and minimum setbacks) allowed by Chapter 26 of the Wheat Ridge Code of Laws. The City Council has determined that this development pattern constitutes a detriment to the public peace, health, safety, and welfare by impacting privacy and impairing the adequate supply of light and air to adjacent properties. As such, the City Council directed staff to draft an emergency ordinance implementing a 45 -degree bulk plane beginning at 15 -feet above the property line for properties zoned Residential -One C. Being declared an emergency by City Council, this ordinance will become effective immediately for a period of 90 days, expiring November 20, 2016. Council Action Form — R -1C Bulk Plane August 22, 2016 Page 2 PRIOR ACTION: Staff introduced the issue of bulk plane to City Council at a study session on July 18, 2016, where consensus was reached for staff to move forward with researching and drafting a bulk plane ordinance. A study session with Planning Commission on July 21, 2016 produced similar sentiments and a similar outcome, with some additional input. At a study session on August 15, 2016, City Council directed that an emergency ordinance be drafted to implement a bulk plane requirement beginning at 15 feet above the property line and extending over the property at a 45 - degree angle for properties zoned R -I C. Constituting an emergency, as defined by City Council, the adopting of this ordinance does not require the typical public noticing, Planning Commission public hearing, and 1" reading requirements. Under the Charter, the ordinance can be adopted on a single reading and will be immediately effective. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: Chapter 26 of the Wheat Ridge Code of Laws permits residential structures in all residential zone districts to be a maximum height of 35 feet high. This maximum height has remained consistent since the City of Wheat Ridge was incorporated in 1969. In recent months there has been growing concern from some residents and property owners regarding new infill residential homes in their neighborhoods. These new single-family homes are largely located in the Residential -One C (R -1C) zone district, the City's smallest lot single family residential zone district. This zone district allows for the aforementioned maximum height of 35 feet, in addition to a minimum 50 -foot wide lot, with 5 -foot side and rear yard setbacks. Many of the newer infill residential homes are utilizing the full extent of the provided development standards with regard to minimum setbacks and maximum building height. The neighbors have testified before City Council that these projects are a stark contrast to their largely pre -1955, one-story, bungalow -style neighborhood. Proposed Amendments Below is a summary of the proposed code amendment which would temporarily address this issue while staff continues to explore further bulk plane requirements and other alterations to existing residential development standards. Introduce a bulk plane beginning at 1 S feet above each property line and extending over the site at a 45 -degree angle for properties zoned Residential -One C (R-1 Q. The code amendment would not change the maximum height allowed in any zone district, but would require a building envelope to fit entirely within the bulk plane. In most cases this means a structure must be scaled back as it reaches taller heights. The bulk plane regulations will be more impactful on narrower lots, with the bulk plane likely to limit third -story development. Council Action Form — R-1 C Bulk Plane August 22, 2016 Page 3 The bulk plane requirement will likely have less impact on wider lots, as there is more room to incorporate additional setbacks. Bulk PI; Bulk PI velope leight: 35' Section view of bulk plane building envelope, as measure from all property lines. This amendment would codify the consensus motion from City Council at their August 15, 2016 study session. That consensus directed staff to draft an emergency ordinance for consideration and adoption on August 22, 2016 implementing a 45 -degree bulk plane beginning 15 feet above each property line for properties zoned Residential -One C (R -1C). Due to City Council determining this to be an emergency ordinance, under City Charter terms, it will only be in effect for 90 days. Staff will continue to work on drafting an ordinance for consideration prior to the expiration of this ordinance. In particular, staff is exploring the applicability of bulk plane standards on additional residential zone districts. RECOMMENDATIONS: Staff recommends approval of the emergency ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 21-2016, 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) zone district, and declaring an emergency." Or, "I move to postpone indefinitely Council Bill No. 21-2016, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of bulk plane Council Action Form — R-1 C Bulk Plane August 22, 2016 Page 4 standards for the Residential -One C (R-1 C) zone district and declaring an emergency, for the following reason(s) " REPORT PREPARED BY: Zack Wallace, Planning Technician Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2016 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 21 ORDINANCE NO. Series 2016 TITLE: AkORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF BULK PLANE STANDARDS FOR THE RESIDENTIAL -ONE C (R -11C) ZONE DISTRICT AND DECLARING AN EMERGENCY 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 (the "Code") 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 believes that this ordinance will improve the quality or character of new development and further enhance and protect existing neighborhoods while the issue is being further studied; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. 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 26-611.A. SHALL APPLY TO Attachment 1 ANY ENLARGEMENT, ALTERATION OR ADDITION OF BOTH PRIMARY AND ACCESSORY STRUCTURES OF 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 2. 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 original 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 3. Section 26-208.6 (Residential -One C District [R -1C] Development Standards) of the Code is amended by the addition of footnote (f) as follows: Principal One -family 35' (f) 40% 5,000 sf 50' 20' (d) 5' 5' Buildings dwelling Group home 35' (f) 40% 5,000 sf 50' 20' (d) 5' 5' Churches, schools, government and quasi - government buildings, golf 35' (f) 40% 1 acre 200' 20' (d) 15' 20' courses, small day care center, and nursing, elderly and congregate care homes Accessory Major 15' (f) 600 sf N/A NIA 20' (d) 5' 5' Buildings Minor 10' (f) 300 sf N/A 20' (d) 5' 5' e All Other Uses 35' (f) 40% 9,000 sf 60' 20' (d) 5' (e) 10' (F) BULK PLANE REGULATIONS SHALL APPLY IN ACCORDANCE WITH SECTION 26-611. Section 4. Section 26-611 (Building setbacks.) of the Code is amended by the addition of subsection A as follows (with appropriate relettering of subsequent sections): 26-611. BULK PLANE AND Building Setbacks: 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 26-611.2. MAXIMUM BUILDING HEIGHTS SET FORTH IN ARTICLE ll, 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 SHALL BE MEASURED FROM THE ORIGINAL 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 26-611.3. 4. EXCEPTIONS. ENCROACHMENTS INTO THE BULK PLANE SHALL NOT BE ALLOWED, EXCEPT FOR THOSE ENCROACHMENTS EXPLICITLY ALLOWED IN SECTION 26- 611.6, ITEMS 1 THROUGH 4. Section 5. Section 26-611 (Building setbacks.) of the Code is amended by the addition of Figure 26-611.2. Bulk PC Bulk P elope eight: 35 „ax ?lane Figure 26-611.2. Section view of bulk plane building envelope, as measured from all property lines. Section 6. Section 26-611 (Building setbacks.) of the Code is amended by the addition of Figure 26-611.3. Figure 26-611.3. Average Grade Calculation 4 F1128 = 262 = AVERAGE GRADE Section 7. Emergency Declared. Pursuant to Charter Section 5.13 the Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge and that this Ordinance is necessary for the immediate preservation of public peace, health and safety. Specifically, the immediate effectiveness of this Ordinance is necessary to address currently -occurring three-story residential infill development in established neighborhoods in a manner which constitutes a detriment to the public peace, health, and safety by impacting privacy and impairing the adequate supply of light and air to adjacent properties Section 8. Effective Date. As provided by Charter Section 5.13, this Ordinance shall take effect immediately upon final passage and shall not be in effect for longer than ninety (90) days from the date of passage. INTRODUCED, READ, AND ADOPTED as an emergency ordinance by a vote of to , this day of , 2016 and ordered published in full in a newspaper of general circulation in the City of Wheat Ridge. 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 Publication: Wheat Ridge Transcript Zack Wallace From: Lauren Mikulak Sent: Monday, August 22, 2016 8:19 AM To: Zack Wallace Subject: FW: Slow down the down zoning of R -1C, "emergency ordinance" is couterproductive For your file Lauren E. Mikulak, AICP Senior Planner Office Phone: 303-235-2845 !!�j City of V V holi tt COMMUNITY DEVELOPMENT From: Kenneth Johnstone Sent: Monday, August 22, 2016 5:28 AM To: Lauren Mikulak Subject: Fwd: Slow down the down zoning of R -1C, "emergency ordinance" is couterproductive FYI Sent from my iPhone Begin forwarded message: From: Jesse Hill <jessehillpe(a�gmail.com> Date: August 20, 2016 at 6:42:58 PM EDT To: "gpond(a�ci.wheatrid ems" <gpondci.wheatride.co.us>, <gwooden( ,ci.wheatrid eg co.us>, <jhoppekci.wheatrid eg co.us>, Kristi Davis <kdavis9ci.wheatrid e.co.us>, <lmathews(a,ci.wheatrid eg co.us>, <mduran9ci.wheatridge.co.us>,<tfitzgeraldgci.wheatridge.co.us>, "zurban(&ci.wheatrid ems" <zurban(cr�,ci.wheatrid eg co.us> Cc: "jjaygci.wheatrid e.c�o.us" <jjaygci.wheatrid e.co.us>, <kjohnstone(2ci.wheatrid eg co.us>, Janelle Shaver <jshavergci.wheatrid e.co.us>, Patrick Goff <n izoff(a,ci.wheatrid ue. co.us> Subject: Slow down the down zoning of R -IC, "emergency ordinance" is couterproductive Council -members, I am very concerned about councils attempt to abuse "emergency" actions for the R -1C properties. It was a true shock, considering the current opportunity to work and understand the issues with district. Please, don't pass this emergency zone changes - continue and expand the work that YOU asked the planing department to do. SLOW DOWN, DO IT RIGHT AND INVOLVE THE COMMUNITY! Today - this is causing personal financial injury to myself, as it will now throw the hard work and plans I have had for my homes in jeopardy and uncertainty. Real work. Real money. Same for other neighbors. Acting out of emotions for this "emergency" causes real harm to the neighborhood, city, goes against the NRS and trust of the citizens. It is unfortunate that a very very few homeowners, who did NOT do their due diligence and read the zoning code before buying their properties, are attempting to short cut the traditional processes when it comes to down zoning an area. It is ironic as this is opposite of the classic situation of the new homeowner who doesn't read the code before buying a property. These few are trying to push their personal preference on their neighbors homes at the expense of everyone else in the neighborhood. There is so many technical aspects and details that need to be worked out. Economic studys should be done. This will be a process that will hopefully take many months, and involves the entire east wheat ridge community and hopefully will go to a vote of the property owners since it results in so much loss of potential property value and tax revenues. Please feel free to contact my self anytime with any comments. City Clerk, I might not be able to rearrange my schedule to make Mondays meeting. IF you area ble to, please enter this letter into council record under public comment if i am not there. Regards, Jesse Hill 2995 & 3001 Chase Street. 303-725-9530 p.s. The two new builds in District 1, two new young professional familys who chose who chose to live in WR, built their ideal home to build a family instead of seeing so many young neighbors move away to build a family. They just spent $10542.29 & $12,148.02 in taxes and fees this year! That is more than the city has ever received in previous history of property tax and the city will reap the benefits, to reinvest in infrastructure, years to come of them living and spending their disposable incomes in WR. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29"' Avenue August 15, 2016 Mayor Joyce Jay called the Study Session to order at 6:30 p.m. Council members present: Janeece Hoppe, Monica Duran, Kristi Davis, Zachary Urban, Tim Fitzgerald, Genevieve Wooden, and Larry Mathews Absent: George Pond Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; other staff, guests and interested citizens CITIZEN COMMENT ON AGENDA ITEMS Karen Stor (Eaton St, WR), Julian Kasprzak (Eaton St, WR) and Lorretta Campbell (Chase St, WR) were signed up to speak, but said they were just present to listen. Christi Aultman (Eaton St, WR) related how demoralizing it is to find a 3 -story particle board tower going up behind her house. She echoes all the neighbors' concerns. The construction noise and debris will go away, but the structure will be a permanent fact. She doesn't fault the Council, but rather shameless and unaccountable developers, home buyers who are indifferent or willfully ignorant of the impact their building choices have, and the precedent that has been set by Denver in failing to protect their architectural heritage. While change and growth will happen, she believes history and preservation matter. She asked Council for a temporary moratorium so a permanent compromise can be found that respects the history of the neighborhood and its residents. Deana Swetlik (WR) thanked Council for acting on a snow removal ordinance. They should make sure it's explicit and clear that the ticker starts when the snow stops. She supports 24 hours for residential and commercial. Pedestrian priority streets for commercial areas should be addressed first, while elderly and disabled may need more time. - Regarding a moratorium she urged Council to be clear about the difference between principal and accessory structures as it relates to setbacks. She thinks regulations should be calibrated to the various lots types within R -1C and that a moratorium should focus on new construction and additions. She urged Council to be careful about changing height limits and step backs for a second story. STUDY SESSION NOTES: August 15, 2016 Page -2- Melissa Archuleta (Depew St, WR) relayed neighborhood concerns about 3 -story houses. She urged Council to consider a temporary moratorium so that R -1C is not overhauled without input from the community. Neighbors are concerned about property values, affordability, and revitalization not being done with good intentions or respect for the people who live here. She thanked Councilmember Duran for meeting with the neighbors and pressing on this issue. She hopes a compromise can be reached for new and old developments. Eric Jacobsen (Chase St, WR) lives near one of the 3 -story houses and until recently enjoyed some back yard privacy. He appreciates the consideration of bulk plane requirements, rear yard set -backs and height limits. He voiced support for a temporary moratorium on building permits for new structures and additions over 2 -stories or taller than 27 feet in R -1C R-3 zones. They appreciate the character of the community and are desperate for reasonable and responsible development that balances growth and respects the citizens who made/make the neighborhood great. Kim Calomino (WR) advised Council that the NRS is a foundational document. She thanked past/present Councils for seeing it through, Localworks for the work they've done on the recommendations, and City staff for providing continuity and expertise. She encouraged Council to stay the course. - On a moratorium she urged Council to be caution and consider the property rights of all. She feels moratoriums have a short and long term impact on how we manage change and neighborhood conversations, and how we do/don't attract investors who help reinvent and renovate our aging housing stock. Victoria Mendoza (Chase St, WR) expressed that we have a beautiful neighborhood and a wonderfully strong community. She feels we need to carefully regulate how future growth will look so we are not visually tattered forever and don't create animosities that threaten our community fabric. She asked for a moratorium on residential building permits. Since a number of citizens were present to observe the discussion of Item 4, it was agreed to address that item first. 4. Residential Development Standards Discussion focused on whether or not to put in place a moratorium on building and demolition permits while permanent changes to the code can be considered. Councilmember Davis asked about the timeline of a moratorium. Ken Johnstone reported staff is being careful and going through a variety of design studies. They are making good progress and can draft the framework shortly. It is scheduled for Planning Commission on September 15 and a City Council hearing on October 10. He informed Council there are no requests in the works right now, but there could be. STUDY SESSION NOTES: August 15, 2016 Page -3- Councilmember Mathews would like to take time, do it right, and not hurry. He prefers a moratorium. Mr. Johnstone noted there is a lot to look at throughout the City. Councilmember Fitzgerald favors acting quickly and sees potential conflicts with the Neighborhood Revitalization Study. Councilmember Urban wants to make sure developments aren't being done to the detriment of the community. He suggested zone districts may be necessary — not doing the whole city in all zone districts. He approves of doing a moratorium in R-1 C. Councilmember Duran proposed a consensus to enact staffs suggestion for a temporary moratorium on building permits for new structures, and additions to existing structures, which are greater than two -stories or taller than 27 feet. Discussion followed. Conversation points included: • Doing a regular ordinance with 151 and 2"° reading or enacting an emergency ordinance on August 22. • There was some desire to do neighborhood outreach, but Mr. Johnstone said he hadn't contemplated neighborhood outreach in the interest of time. • Should the ordinance last 90 days or until a final ordinance [with new regulations) is passed? • Councilmember Hoppe suggested passing an ordinance with 45 degree, 15 foot high bulk plane now until we set new standards. Councilmember Duran asked for consensus for a 90 -day emergency temporary moratorium in R-1 C on building permits for new structures, or additions on houses, over two stories and over 27 feet. Discussion followed. Councilmember Duran's consensus failed 3-4. Councilmember Hoppe asked for consensus for a 90 -day emergency ordinance for R-1 C on new building permits to comply with current setbacks with a 45 -degree bulk plane starting at 15 feet, to be brought back for consideration at the August 22nd Council meeting. There was discussion and the consensus passed 4-3. 1. Neighborhood Revitalization Strategy Discussion — Part 1 Mr. Goff gave introductory remarks on the Neighborhood Revitalization Study that was done in 2005. He introduced Patty Silverstein of Development Research Partners who was hired to prepare The State of Wheat Ridge a profile of the community, indicators and trends. This serves as a 10 -year overview of progress on the NRS. Ms. Silverstein gave a power point presentation. Residential-One C (RAC) Zone District East of Wadsworth Boulevard Legend Wheat Ridge City Limit Parcel Lines R-1 C Zone District R-3 Zone District Other Municipality 0 500 1,000 Feet State Plane Coordinate Projection Colorado Central Zone A' Datum: NAD83 ' V City of �Theat Ridge Geographic Information Services City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 Created by: Zack Wallace, Planning Technician 10 August 2016 Data Sources. City of Wheat Ridge and Jefferson County DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado. has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptionsand results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. Residential -One C (RAC) Zone District East of Wadsworth Boulevard Legend Wheat Ridge City Limit Parcel Lines R-1 C Zone District R-3 Zone District - i Other Municipality 0 500 1,000 Feet State Plane Coordinate Projection Colorado Central Zone A I Datum: NA083 I v City of Wheat Midge Geographic Information Services City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 Created by: Zack Wallace, Planning Technician 10 August 2016 Data Source: City of Wheat Ridge DISCLAIMER NOTICE: This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility- The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods.. assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damageslawsuits, and causes of action that result as a consequence of his reliance on information provided herein.