HomeMy WebLinkAboutStudy Session Agenda Packet 08-09-21 - SPECIALSPECIAL STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 9, 2021
To commence at the conclusion of the Regular City Council Meeting
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Public Comment on Agenda Items
1.Outdoor Recreational Equipment on Private Property
2.Tenant Notice in the Zoning Code
3.Staff Report(s)
4.Elected Officials’ Report(s)
ADJOURNMENT
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Ken Johnstone, Community Development Director
Lauren Mikulak, Planning Manager
DATE: July 29, 2021 (for August 9 study session)
SUBJECT: Outdoor Recreational Equipment on Private Property
ISSUE: On June 7, 2021, City Council discussed the topic of outdoor recreational equipment on private property. The topic was raised based on an increase in personal recreational equipment in the past year and also based on a specific homemade half pipe that exceeds 1000 square feet in size
in a residential backyard.
In June, staff presented the existing city code and policy and the similar approaches in neighboring communities. After discussion, Council consensus requested staff to return to study session with a proposed code amendment; direction from Council included the following:
•Amend the code to regulate recreational equipment and structures on residential property;
•Distinguish between temporary and permanent equipment/structures;
•Utilize the accessory structure standards as a guideline, with consideration for setbacks,
height, coverage, and size; and
•Apply the amended requirements to existing recreational equipment.
PROPOSED CHANGES:
The zoning code already identifies swimming pools, tennis courts, and recreational facilities as a
permitted accessory use in residential and agricultural zone districts. Staff is proposing to augment existing code sections to complete the following:
•Define a new term for “recreational equipment.”
•Amend Section 26-625 (accessory buildings and structures) to clarify supplementary
regulations related to recreational equipment, specifically:
o Codify existing policy related to pools and hot tubs whereby setback and lotcoverage applies.o Codify exemptions for small or temporary recreational equipment.
o Codify regulations for larger and permanent recreational equipment.
Item No. 1
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The proposed code amendment established 120 square feet as the size threshold for recreational equipment that would be subject to zoning regulations. This threshold is consistent with the
building code which exempts from building permits “one-story detached accessory structures
used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet” (Section 5-76).
For equipment or structures that would be regulated, staff is proposing a straightforward set of
development standards specific for this use. Minor accessory structure standards vary slightly
depending on the zone district, and standards for recreational equipment are proposed to be consistent in all zone districts. The upper size limit is proposed to be 400 square feet based on review of various equipment (see attachment 1), and because this is the upper limit for minor accessory structures in most residential zone districts (the range is 200-400 sf). The upper height
limit is proposed to be 12 feet, between minor (10 feet) and major (15 feet) and more
accommodating for some play structures.
Draft Code Amendment In Section 26-123 (Definitions) – Define Recreational Equipment. This definition complements
existing definitions for “structure” and “swimming pool” and is necessary for reference in the
subsequent code amendments.
Recreational Equipment. Play apparatus such as swing sets, pools, hot tubs, playhouses, goals, nets, ramps, trampolines, and similar equipment or structures designed for recreational
uses and which may or may not have a permanent location on the ground. This excludes at-
grade courts, such as for basketball or racquet sports.
In Section 26-625 (Accessory buildings and structures) – Add a new subsection for recreational equipment. Subsection F.1 codifies the City’s long-standing approach related to pools and hot
tubs. Subsections F.2 and 3 exempt small and temporary equipment. Subsection F.4 establishes
development standards that enact Council’s direction for reasonable, common sense enjoyment of recreational equipment in residential yards. Subsection F.5 provides clear authority and criteria when a determination of permanence is necessary. Lastly, subsection F.6 establishes an amortization schedule by which any existing equipment out of compliance would be required to
comply with this code section.
F.Accessory Recreational EquipmentRecreational equipment is permitted in addition to minor and major accessory structuressubject to the following:
1.All in-ground pools, above-ground pools, and hot tubs shall be subject to theaccessory building setback requirements of Chapter 26. The size of the pool/hot tubshall dictate whether it is subject to the major or minor setback requirements. Anypool or hot tub exceeding the minor accessory structure size shall be subject to the
major accessory structure setback. Setbacks shall not apply to those pools which are
otherwise exempted from building permits. The size of the pool or hot tub is limitedby the ability of the lot to comply with the overall coverage requirements for theunderlying zone district provided in Article II.
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2. Any recreational equipment or structure which is 120 square feet in size or less isexempt from zoning development standards.
3. Any recreational equipment or structure which is more or less temporary is exempt
from zoning development standards.4. Any recreational equipment or structure which is more than 120 square feet and ismore or less permanent shall be subject to the following standards:a.Maximum size: The total floor area of all recreational equipment or structures
may not exceed 400 square feet or the underlying lot coverage, whichever is
more restrictive.b.Maximum height: 12 feetc.Minimum side and rear setbacks: 5 feetd.Minimum front setback: subject to the front setback for the underlying zone
district.
5. For the purpose of this subsection F, permanence shall be determined at the solediscretion of the Community Development Director in consideration of the size,portability, deconstructability, and presence of utilities. As examples only,recreational equipment that is essentially temporary may include portable goals,
portable playsets, portable playhouses, portable nets, portable skate park equipment,
yard games, bounce houses, portable movie screens, and above ground trampolines.Recreational equipment that is essentially permanent may include playsets, treehouses, in-ground trampolines, and skate park equipment.6. All nonconforming recreational equipment or structures existing prior to DATE, shall
be brought into conformance with these provisions on or before [COMPLIANCE
DATE].
Next Steps For the purpose of the August 9 study session, staff is seeking Council feedback on the proposed
code amendment to confirm it fulfills the desired policy direction. Staff is seeking specific
direction on the date by which known nonconformities must be brought into compliance.
ATTACHMENT: 1.Sample recreational equipment by size
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Attachment 1: Sample recreational equipment by size
Trampolines often range from 8 to 16 feet in diameter.
This image shows a common 14-foot diameter which is
153 square feet in size. Based on portability and size, this
would not be subject to zoning standards.
This children’s playset is 9.5 feet tall and 150 square feet.
Based on its size and relative permanence, this would be
subject to zoning standards; it’s size and height would be
permitted; it would need to meet setbacks as well.
Most portable skate equipment is smaller in size; the
modular system shown above and below can be
configured in a variety of ways. Based on portability and
size, this would not be subject to zoning standards.
This larger children’s playset is 12 feet tall and 375
square feet. It too would be subject to zoning standards
and would be permitted by the proposed regulations if it
meets setbacks.
This ramp is 3 feet tall and 104 square feet. Again, based
on portability and size, this would not be subject to
zoning standards.
This obstacle course would not be permitted in a
residential yard under the proposed code because it
would exceed height and size allowances.
ATTACHMENT 1
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Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Kenneth Johnstone, Community Development Director Lauren Mikulak, Planning Manager
DATE: July 29, 2021 (for August 9 study session)
SUBJECT: Tenant Notice in the Zoning Code
ISSUE:
At the strategic planning retreat on February 20, 2021, City Council identified new community
engagement efforts and education as a priority for the next two years. As a follow-up, on May 3, 2021, staff proposed a workplan related to that priority. Among the ideas for new activities, staff proposed expanded notification requirements and specifically including tenants in the letter notice of public hearings for land use applications. Council consensus requested staff to return
sooner than later to discuss this topic.
This memo is organized as follows:
•Current code requirements related to owner versus tenants
•Best practice and the practice of other Front Range communities
•Current process for letter notice
•Potential process and implications for expanded notice to tenants
BACKGROUND: The City Charter and zoning code (Chapter 26) outline the rights of property owners and other stakeholders in relation to land use applications. A search of the code revealed the many different provisions which distinguish between owners and tenants; these can be organized into
three different categories: development rights, objection rights, and a right to information.
•Development rights – This category encompasses the ability to apply for entitlements,such as a zone change, subdivision, site plan or other land use case. The zoning coderequires that the property owner either be the applicant or provide written approval for
submittal of a land use application.
•Objection rights – The Charter and zoning code establish a process for legal protest of azone change, and only property owners may file a protest. Likewise, only property
owners are eligible to file an objection to a zoning boundary interpretation, and only an
objection from adjacent property owners may trigger a public hearing for a special usepermit. Applicable sections from the Charter and zoning code include:
Item No. 2
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City Charter 5-10 – legal protest for rezoning
Section 26-112 – legal protest for rezoning
Section 26-114.E – objection to special use permit
Section 26-119.E – protest for zone district interpretation
•Right to information – The code has long required that owners and residents within 600
feet be notified of neighborhood meetings for land use applications. Public hearing
notice has historically only gone to property owners, though the radius was increased lastyear from 300 to 600 feet. For certain other processes in the code, owners remain theonly recipient of letter notice. Applicable sections from the zoning code include:
Section 26-109.A – neighborhood meeting notice to residents and owners
Section 26-109.D – letter notice for public hearings to owners only
Section 26-119 – letter notice for interpretation of zoning district boundaries toadjacent owners only
Section 26-114.C – letter notice for special use to adjacent owners only
Section 26-115.C – letter notice for variance to adjacent owners only
Section 26-1116 – letter notice for concept plan to adjacent owners only
Other Communities and Best Practice Wheat Ridge Code and practice is not an outlier based on a survey of peers. In a review of 12
other Front Range communities, many had a similar approach. About half of communities
surveyed include residents or physical addresses in letter notice and half omit them. This practice is summarized in the table below where shaded cells represent those which extend letter notice or protest rights to tenants, residents, or physical addresses.
Who Receives Notice for
Neighborhood Meetings
Who Receives Notice for
Quasi-judicial Public Hearings
Who Can Submit Protests,
Appeals, or Objections to
Quasi-judicial Applications
Arvada Property owners and City-
registered HOAs Property owners and HOAs Property owner or applicant
Aurora Property owners abutting and all
RNOs w/in 1 mile of property Property owners and RNOs Property owner or applicant
Boulder Property owners "and addresses"
for some applications
Property owners "and addresses"
for some applications
"Interested persons"[1]
Broomfield Property owners Property owners Silent
Commerce City Property owners Property owners and HOAs Property owner, applicant, or
“parties of interest”
Denver Property owners, tenants, and
community organizations Property owners and RNOs
Property owners can protest
rezonings, "any person" can
appeal administrative decision
Englewood Property owners and occupants Property owners and occupants
for some public hearings Property owner or resident
Fort Collins Property owners Property owners Property owner or resident
Golden Property owners and occupants Property owners and occupants (not codified)
Lafayette Property owners Property owners Only property owner or applicant
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Who Receives Notice for Neighborhood Meetings Who Receives Notice for Quasi-judicial Public Hearings
Who Can Submit Protests, Appeals, or Objections to
Quasi-judicial Applications
Lakewood Property owners and city-
registered HOAs
Property owners and city-
registered HOAs Only property owner or applicant
Westminster Property owners and HOAs Property owners and HOAs "Party of interest”
Wheat Ridge Property owners and residents Property owners Property owners
RNO = Registered Neighborhood Organization
HOA = Homeowners Association [1] The term “interested party” or “party of interest” is used in several codes, and when defined often refers to
state law or anyone that has already submitted comments on the subject land use application or a property owner.
The survey of local communities likely mirrors national patterns as well. However, the approach
to public notice and engagement is shifting with many communities reexamining historical
practice. The American Planning Association (APA) periodically publishes policy guides representing the organization’s official position on critical planning issues. The APA’s 2019 Planning for Equity Policy Guide acknowledges that “neighborhood power structures have been dominated by single-family home owners who are often predominantly white and above median
income.” It does not specifically address a right to protest or right to information but notes that
“inclusion acknowledges social impact and gives value to local knowledge.”
Expanding notice for land use applications to tenants would therefore be consistent with planning best practices. Additionally, the City’s Comprehensive Plan (community services goal
7) aspires to “make all aspects of City government transparent, engaging, and accessible for all
community members.” City staff have brought both this APA equity policy mentioned here andthis specific topic of tenant notice to the Race and Equity Task Force, and we expect continuedrelated conversation with that group.
Current Practice
The Jefferson County Assessor is the official public record source of property ownership. On a quarterly basis, the County provides to the City updated parcel and ownership data. It is this data that informs the mailing lists for letter notice to property owners. This data includes the mailing and physical address but not the address of individual units (if multiple units or suites are present
on the property).
For neighborhood meetings, where the mailing and physical address differ, a letter is sent to both to fulfill the code requirement for resident notice. The City creates the mailing list and address labels, and the applicant is responsible for the cost and task of the mailing.
For all other letter notice, City staff completes the task of mailing letters. Applicants have historically been charged a fee of $120 per public hearing which is meant to include the cost of postage and newspaper publication.
Ownership data is relatively current but is not without errors. When ownership changes, deeds
are recorded with the Jefferson County Clerk and Recorder and then communicated to the Jefferson County Assessor. Because of this process and its inherent lags and because data is
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only sent to the City on a quarterly basis, there may be ownership information which is outdated resulting in returned letters. Several years ago, the City changed letter notice from certified to
first class mail and that significantly reduced the volume of letters that were returned.
Potential Tenant Notice If letter notice is expanded in any capacity to include tenants, the data source, process, and associated costs would change. The County’s public parcel data is associated with land and not
with structures, so this public data does not include any addresses for residential apartments or
commercial suites. Likewise, tenant information is not a matter of public record.
That data can, however, be purchased from third parties; this is often purchased by those who provide direct mail. At last check, that cost was $545 for all residential and commercial
addresses in the city; staff would recommend updating this data periodically in the same way that
ownership information is provided periodically from the County. Expanded notice would increase postage costs; it may be possible to pass on some costs to land use applicants by charging based on mailing volume instead of a flat fee.
The increased volume of letter notice will depend on the nature of the land use surrounding a
subject property. From a residential standpoint, there are an estimated 14,692 dwelling units in the City.1 Of occupied housing units, 51.8% are owner-occupied and 48.2% are renter-occupied meaning a significant portion of residents are not included in notice.
Estimate Percent
Occupied Housing Units 14,080 na
Owner-occupied 7,295 51.8%
Renter-occupied 6,785 48.2%
For neighborhood meetings, renters of single-family homes are notified, but notice is not directly
mailed for multi-unit tenants because parcel data does not include unit addresses. Multi-unit structures make up over 36% of the City’s housing stock.
Estimate Percent
Total Housing Units 14,692 na
1-unit, detached 7,658 52.8%
1-unit, attached 1,615 11.0%
2 units 522 3.6%
3 or 4 units 887 6.0%
5 to 9 units 1,001 6.8%
10 to 19 units 1,343 9.1%
20 or more units 1,647 11.2%
The attached map shows the distribution of residential land uses by type. Darker areas represent a higher ratio of units per building and therefore more tenant addresses.
1 2020 Decennial Census data has not yet been released at the City level. This data on housing characteristics is based on the 2019 American Community Survey (ACS) 5-Year Estimates, Table DP04. ACS data are estimates so
all data includes a margin of error (MOE) which is available in the online table.
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Policy Discussion and Next Steps
This topic will be presented at the August 9 special study session. Staff is seeking direction from
Council on several specific questions related to those code provisions related to the “right to information” category.
1. Does Council support a procedural change and the purchase of data to obtain
comprehensive tenant addresses? This change would ensure neighborhood meeting
notice reaches tenants with no change to the code in this section:
Section 26-109.A – neighborhood meeting notice to residents and owners
2.Is there a desire to expand letter notice for public hearings on land use applications to
include tenants? This would require a code change to this section:
Section 26-109.D – letter notice for public hearings to owners only
3. Is there a desire to expand the other letter notice provisions? This would require a codechange to these sections:
Section 26-119 – letter notice for interpretation of zoning district boundaries to
adjacent owners only
Section 26-114.C – letter notice for special use to adjacent owners only
Section 26-115.C – letter notice for variance to adjacent owners only
Section 26-1116 – letter notice for concept plan to adjacent owners only
ATTACHMENTS: 1.Sample Assessor Property Information
2. Map of Residential Housing Types
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Attachment 1. Sample Property Information from the Jefferson County Assessor
In this example we can tell that the property is a single family home (noted in the
property class field at the top right). This property does not appear to be owner-
occupied because the property and mailing addresses differ. For a neighborhood
meeting, a mailer would be sent to the owner (mailing address) and tenant (property
address), but for a public hearing or other “owner only” notice, a letter would be sent
only to the mailing address.
In this example we can tell that the property is a duplex or triplex. This property
does appear to be owner-occupied because the property and mailing addresses are
the same. That said, however, public record does not provide the unit addresses for
the other renter-occupied units within the duplex or triplex. For a neighborhood
meeting, a mailer would be sent to the one address that is provided. Purchasing
data could provide the addresses for the additional units/tenants.
ATTACHMENT 1
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Attachment 2. Map of Residential Housing Types
This map shows the distribution of different housing types in Wheat Ridge. If tenants are included in letter notice, the volume of letters
will increase, but the extent of the increase will depend on the nature of the land use and housing type surrounding a subject property. Multi-unit structures (those with 2 or more units shown here in orange and red) comprise 36% of all housing units in the City.
Single-family (attached and detached)
Duplex
Multifamily
ATTACHMENT 2