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HomeMy WebLinkAboutZOA-19-04WNUMLIMMM CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 28, 2019 Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS David Kueter Leah Dozeman Kristi Davis George Pond Larry Mathews Janeece Hoppe Absent: Zachary Urban (excused), Amanda Weaver (unexcused) Also present: City Clerk, Janelle Shaver: City Attorney, Gerald Dahl; City Manager, Patrick Goff; Acting Public Works Director, Steve Nguyen; Development Director, Ken Johnstone; City Treasurer, Chris Miller; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES National Hunger and Homelessness Awareness Week Mayor Starker proclaimed the week of November 16-24, 2019 as National Hunger and Homelessness Awareness Week in the City of Wheat Ridge. Kelley Baker, the Regional Homeless Coordinator for Jefferson County Human Services, was present to receive the proclamation. She thanked the City for the proclamation and its continued willingness to collaborate on this issue. APPROVAL of Council Minutes of July 8. July 22. Auaust 12. Auaust 26 September 9. September 23, 2019; Study Session Notes of July 15, August 5, August 19, September 16, October 7, 2019 and Special Study Session Notes of September 9. 2019 and September 23, 2019 • Councilmember Hoppe reported that Councilmember Dozeman had called her to say she wouldn't be at the meeting of October 7, so she would like her to be listed as excused. • Councilmember Kueter requested that his first name be corrected on the July 8 Roll Call. • Clerk Shaver explained the reason for the backlog of minutes. It has to do with inadvertent, incomplete staff notification since Janice Smothers retired. She apologized and reported the cause for this has finally been identified and is now remedied. City Council Minutes October 28, 2019 page 3 1. Council Bill 16-2019 — An Ordinance amending Section 26-205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures in the Residential -One zone district (Case No. ZOA-19-04) This ordinance would decrease both the required rear and side yard setbacks and the maximum allowable square footage for minor accessory structures in R-1 zones. Councilmember Davis introduced Council Bill 16-2019. City Clerk Shaver assigned Ordinance 1675. Mayor Starker opened the public hearing. Staff Presentation - Ken Johnstone • This is a Council -initiated ordinance. • R-1 is the largest lot size. Currently in R-1 zones minor accessory structures require 15 foot rear and side yard setbacks. • All other residential district have setbacks of 5 feet for accessory structures. • This ordinance will reduce the rear and side setbacks requirements to 5 feet in R-1. • Council has also requested to reduce the maximum size for minor accessory structures in R-1 from 400sf to 200sf. • With this change any detached structure over 200 square feet in the R-1 zone district will be classified as a major accessory structure and will require 15 -foot side and rear setbacks. • Planning Commission heard this case and recommends approval. No one came forward to speak and the Council had no questions. Mayor Starker closed the public hearing. Motion by Councilmember Davis to approve Council Bill 16-2019, an ordinance amending Section 26-205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures in the Residential -One zone district on second reading, and that it take effect 15 days after final publication, seconded by Councilmember Hoppe ; motion carried 6-0. 2. Council Bill 17-2019 — An Ordinance vacating any interest held by the City in a portion of West 38th Avenue, a public roadway. The City holds rights-of-way in trust for the public. An irregular-shaped strip of ROW on the SE corner of West 38th Ave and Youngfield Street has been deemed to be excessive and unnecessary by Public Works. Staff recommends transferring the ROW to the owners of the Applewood Shopping Center. Councilmember Pond introduced Council Bill 17-2019. ♦SAI City of ]�qrWheatRi�dge ITEM NO: DATE: October 28, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2019 - AN ORDINANCE AMENDING SECTION 26-205 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MINOR ACCESSORY STRUCTURES IN THE RESIDENTIAL -ONE ZONE DISTRICT (CASE NO. ZOA-19-04) ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (10/14/2019) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (10/28/2019) ❑ RESOLUTIONS QUASI-JUDICIAL: ❑ YES Community Development Director // City Manager ISSUE: The purpose of the proposed ordinance is to modify development standards for minor accessory structures in the Residential -One (R-1) zone district, specifically as they relate to the rear and side setbacks and maximum square footage allowed per structure. PRIOR ACTION: Staff discussed this issue with City Council at a study session on August 19, 2019. At the study session, Council directed staff to draft a code amendment allowing smaller structures to have reduced setbacks in R-1. Council approved the ordinance on first reading on October 14, 2019. At a public hearing on October 17, 2019, Planning Commission voted to recommend approval of the proposed ordinance. Commissioners discussed the appropriateness of a 5 -foot setback and discussed the height limitation of minor accessory structures. There was no public testimony. FINANCIAL IMPACT: There are no direct financial impacts to the City. Case No. ZOA-19-04 / R-1 Minor Accessory Structures Council Action Form — R-1 Minor Accessory Structures October 28, 2019 Page 2 BACKGROUND: The R-1 zone district is the City's largest lot, single-family zone district requiring a minimum lot area of 12,500 square feet (0.25 acre) and lot width of 100 feet. The purpose and intent of this zone district is to provide high quality, safe, quiet, and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. In residential zone districts, setbacks are established for primary and accessory structures. Accessory structures are defined as major or minor. This distinction between major and minor depends on the size and height of the structure. In general, a garage or carport is often classified as a major accessory structure, whereas a shed or gazebo is often classified as a minor accessory structure. The minimum side and rear setbacks for all structures in R-1 are currently 15 feet, including for minor accessory structures. At a study session on August 19, 2019, staff presented an analysis of the code and other jurisdictions' regulations as it relates to the setbacks of accessory structures in the R-1 zone district. Council consensus was to reduce minimum rear and side yard setbacks but only for very small accessory structures (such as sheds) in the R-1 zone district. The enclosed ordinance reflects Council's direction and includes two text amendments to the zoning code: 1. Minor accessory structures in R-1 are limited to a maximum size of 200 square feet (a reduction from the current allowance of 400 square feet), and 2. Minimum side and rear setbacks are 5 feet for these minor accessory structures in R-1. Based on this change, any detached structure over 200 square feet in the R-1 zone district is classified as a major accessory structure and will require 15 -foot side and rear setbacks. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2019, an ordinance amending Section 26-205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures in the Residential -One zone district, on second reading and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 16-2019 an ordinance amending Section 26- 205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures in the Residential -One zone district, for the following reason(s) .11 Council Action Form — R-1 Minor Accessory Structures October 28, 2019 Page 3 REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL NO. 16 ORDINANCE NO. 1676 Series 2019 TITLE: AN ORDINANCE AMENDING SECTION 26-206 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MINOR ACCESSORY STRUCTURES IN THE RESIDENTIAL -ONE ZONE DISTRICT (CASE NO. ZOA- 19-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the 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 Council has identified a need to modify regulations pertaining to minor accessory structures in the Residential -One (R-1) zone district associated therewith; and WHEREAS, the City Council finds that this amendment does not diminish the quality or character of its residential neighborhoods. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 26-205 (Residential -One District (R-1)) of the Code is amended as follows in their appropriate locations: B. Development standards: Accessory Buildings (d) viaximum iviaximum I iviinimum I iviinirr Height Building Lot Area Lot ' Coverage I I Width 200 SF Front Side Rear Yard Yard Yard Setback Setback Setback (a) (b) (b) Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City ATTACHMENT Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14th day of October, 2019, ordered published with Public Hearing and consideration on final passage set for Monday, October 28, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this 28th day of October 2019. SIGNED by the Mayor on this 28th day of October 2019. ATTEST: Janelle Shaver, City Clerk First Publication: October 17, 2019 Second Publication: October 31, 2019 Wheat Ridge Transcript Effective Date: November 15, 2019 Bud Starker, Mayor Approved as to form Gerald E. Dahl, City Attorney 2 1. 2. 3. 4. `� Wh�eatl idge PLANNING COMMISSION Minutes of Meeting October 17, 2019 CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Melissa Antol Daniel Larson Janet Leo Scott Ohm Jahi Simbai Vivian Vos Will Kerns Richard Peterson Kenneth Johnstone, Community Development Director Scott, Cutler, Planner II Zareen Tasneem, Planner I Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary APPROVE ORDER OF THE AGENDA It was moved by Commissioner S11MBAI and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES — September 5, 2019 It was moved by Commissioner LARSON and seconded by Commissioner VOS to approve the minutes of September 5, 2019, as written. Motion carried 4-0-2 with Commissioners ANTOL and LEO abstaining. Planning Commission Minutes October 17, 2019 -1— 3. The requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. The reception number of the Quail Street right-of-way in Arvada will be filled in prior to recordation of the SDP and plat. 2. The developer shall enter into a subdivision improvement agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide homeowner's association covenants for review by staff. 4. Prior to recordation, the applicant shall pay the required fees -in -lieu of parkland dedication. 5. Reconfiguration of the intersection of West531 Avenue and Quail Street shall be completed to the satisfaction of the City. 6. All minor corrections to plat shall occur prior to recordation. Motion carries 6-0. B. Case No. ZOA-19-04: An ordinance amending Section 26-205 of the Wheat Ridge Code of Laws concerning the development standards for minor accessory structures in the Residential -One (R-1) zone district. Ms. Tasneem gave a short presentation regarding the ordinance and accessory structures in the R-1 zone district. Commissioner SIMBAI wondered if this ordinance is really needed if only 8 variance have been processed in the last 10 years and also wondered if the maximum height should be changed as well for a minor structure. Commissioner ANTOL asked why only 8 variances have been processed within the las 10 years and if this ordinance is really needed. Ms. Tasneem said staff might hear from more R-1 residents regarding variances, but only 8 have carried through with them. Mr. Johnstone added that when the City amended all the residential zone districts a few years back the City decided not to touch the R-1 zone district and the reasoning was that when the Comprehensive Plan was adopted and it said revitalization was encouraged on the commercial corridors it also placed a high value on established residential communities. Commissioner LARSON wondered if there is a pressing need to change the ordinance, but thinks this would normalize the setback within all residential zone districts. Planning Commission Minutes - 8 — October 17, 2019 Commissioner VOS asked if there is notification to adjacent neighbors for shed variance and if the height will be 35 feet of the structure. Mr. Johnstone replied yes to the notification question and Ms. Tasneem said the height will be a maximum of 10 feet at mid roof. Commissioner VOS thinks it should still be a variance process and agrees that neighbors should be notified if a tall structure is going to be placed close to the property line. Mr. Johnstone then explained that an individual who was given the option of a variance, and didn't think the development regulation made sense and City Council thought that a policy change should be made. Commissioner VOS wondered why a 1St reading has already been done at City Council and Planning Commission hasn't see it yet. Mr. Johnstone explained that he doesn't know for certain the reason for setting the 1St reading on this City Council agenda item, and added there is nothing codified as to the timing of 1' reading as relevant to the Planning Commission meeting. Commissioner LEO asked if this pertains to permanent structures. Ms. Tasneem said yes and property owners wonder why it has to be setback 15 feet for such a small structure. Mr. Johnstone added that any structure 120 square feet does not need a building permit, but does need to follow the development standards. Ms. Tasneem then gave an overview of the development standards for major and minor accessory structures in other residential zone districts. Commissioner OHM said he thinks this makes sense for a small structure under 200 square feet and will save people money because they do not have to go through the variance process. Commissioner SIMBAI asked if staff knows the history behind why a 15 -foot setback was set years ago. Mr. Johnstone mentioned he did not know why because it was set 50 years ago when the City incorporated. Commissioner OHM then asked about a structure stepping back as it goes up. Mr. Johnstone and Ms. Tasneem explained a bulk plane regulation, but is it for structures usually above 2 stories. Planning Commission Minutes -9— October 9— October 17, 2019 There was then discussion amongst the Commissioners about the different development standards. Ms. Tasneem gave some research findings about neighboring communities per Commissioner OHM'S request. It was moved by Commissioner SIMBAI and seconded by Commissioner LEO to recommend APPROVAL of the proposed ordinance amending Section 26- 205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures on the Residential -One zone district. Motion carries 5-1 with Commissioner VOS voting against. 8. OLD BUSINESS Mr. Johnstone mentioned that City Council is in support of People Speak, the budget for it has been approved and will be implemented in January 2020. 9. NEW BUSINESS Commissioners ANTOL and VOS questioned if there is a way to get the agenda packets digitally and where to find on the website. Mr. Johnstone mentioned the agenda packet can be downloaded from the website, but have to use a hard copy for the Commissioners because they are not supplied with Surface Pros to look at during meetings. Ms. Odean added there is two places on the website and will send the Commissioners a link. 10. ADJOURNMENT It was moved by Commissioner LARSON and seconded by Commissioner SIMBAI to adjourn the meeting at 9:22 p.m. Motion carried 6-0. �oiOhm,'CVair Planning Commission Minutes October 17, 2019 Tammy 0 ean, Recording Secretary -10— � V, City of "� Wheat jdge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: October 17, 2019 TITLE: AN ORDINANCE AMENDING SECTION 26-205 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MINOR ACCESSORY STRUCTURES IN THE RESIDENTIAL -ONE ZONE DISTRICT CASE NO. ZOA-19-04 Z PUBLIC HEARING Z CODE CHANGE ORDINANCE Case Manager: Zareen Tasneem, Planner I Date of Preparation: October 8, 2019 1311►1►I I:\:�T In 2009, the City of Wheat Ridge's residential development standards were modified in the Zoning and Development Code (Chapter 26 of the City's Code of Laws, or the Code). As a result, side and rear setbacks for accessory structures are now 5 to 10 feet in most residential zone districts. However, there was a conscious policy decision at the time to not change the Residential -One (R-1) standards, which require 15 -foot side and rear yard setbacks for all structures. The purpose of the proposed ordinance is to modify development standards for minor accessory structures in the R-1 zone district, specifically as they relate to the rear and side setbacks and maximum square footage allowed per structure. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Current City Regulations The R-1 zone district is the City's largest lot, single-family zone district requiring a minimum lot area of 12,500 square feet (0.25 acre) and lot width of 100 feet. The purpose and intent of this zone district is to provide high quality, safe, quiet, and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. In residential zone districts, setbacks are established for primary and accessory structures. Accessory structures are defined as major or minor. This distinction between major and minor depends on the size and height of the structure. In general, a garage or carport is often classified ZOA-19-04 / R-1 Minor Accessory Structures as a major accessory structure, whereas a shed or gazebo is often classified as a minor accessory structure. The minimum side and rear setbacks for all structures in R-1 are currently 15 feet, including for minor accessory structures. City Council Policy Direction Anecdotally, staff hears occasionally from property owners who are displeased with the impact of the 15 -foot setbacks in R-1. This is more often associated with sheds than garages. In the last 10 years, out of 156 variance applications, 8 variances have been processed in relation to R-1 side and/or rear yard setbacks. More recently, City Council directed staff to explore the option of a code amendment to reduce setbacks for accessory structures in the R-1 zone district. At a study session on August 19, 2019, staff presented an analysis of the code and other jurisdictions' regulations as it relates to the setbacks of accessory structures in the R 1 zone district. Council consensus was to reduce minimum rear and side yard setbacks to 5 feet, but only for accessory structures 200 square feet or less in size in the R-1 zone district. Proposed Ordinance The enclosed ordinance reflects Council's direction and includes two text amendments to the zoning code: 1. Minor accessory structures in R-1 are limited to a maximum size of 200 square feet (a reduction from the current allowance of 400 square feet), and 2. Minimum side and rear setbacks are 5 feet for these minor accessory structures in R-1. Based on this change, any detached structure over 200 square feet in the R-1 zone district is classified as a major accessory structure and will require 15 -foot side and rear setbacks. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Section 26-205 of the Wheat Ridge Code of Laws concerning the regulation of minor accessory structures in the Residential -One zone district." Exhibits: 1. Proposed Ordinance ZOA-19-04 / R-1 Minor Accessory Structures CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 16-2019 ORDINANCE NO. Series 2019 TITLE: AN ORDINANCE AMENDING SECTION 26-206 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MINOR ACCESSORY STRUCTURES IN THE RESIDENTIAL -ONE ZONE DISTRICT (CASE NO. ZOA-19-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the 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 Council ha: pertaining to minor accessory structures associated therewith; and identified a need to modify regulations in the Residential -One (R-1) zone district WHEREAS, the City Council finds that this amendment does not diminish the quality or character of its residential neighborhoods; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 26-205 (Residential -One District (R-1)) of the Code is amended as follows in their appropriate locations: B. Development standards: Maximum I Maximum Minimum Minimum Minimum Minimum Minimum Height Building Lot Area Lot Front Side Rear Coverage Width Yard Yard Yard Setback Setback Setback L (a) I (b) (b) Buildings (d) Minor 10' 2400 SF N/A N/A 30' «) 4_515' 4_515' Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 14th day of October, 2019, ordered published with Public Hearing and consideration on final passage set for Monday, October 28, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of 12019. SIGNED by the Mayor on this day of 2019. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Bud Starker, Mayor Approved as to form Gerald E. Dahl, City Attorney 2 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue August 19, 2019 Mayor Bud Starker called the Study Session to order at 6:29 p.m. Council members present: George Pond, Janeece Hoppe, David Kueter, Amanda Weaver, Kristi Davis, Zachary Urban, Larry Mathews, and Leah Dozeman Absent: Kristi Davis (excused) and George Pond (excused) Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; other staff, guests and interested citizens. Citizen Comment on Agenda Items Barbara St. John (WR) is concerned about the young folks growing up. They are treading on water they don't know how to navigate. Tobacco was on the decline, and now vaping is appealing to the young people. There are consequences physical, morally, financially and mentally. Other states are considering age 21 and licensing the dealers. She urged Council to do the same. Rhonda Valdez (Lakewood) is the school nurse at WRHS. Her work is to support students who are vaping. They have the Breathe Easy team. She showed the Council one of the posters that appears in bathrooms at school. She shared a story of a student she helped quit smoking who later testified to the legislature. She supports local control over smoking and vaping. Michelle Michtener (WR) spoke about setbacks for sheds. She favors allowing sheds less than 15 ft from the property line. It unnecessarily wastes space that can be used for other things. Lynette Namba (WR) spoke for Citizen for Healthy Wheat Ridge. She supports raising the legal age to buy tobacco products to 21 and requiring licenses to sell tobacco. Lorrie Odom (WR) made several points • Despite increased reports on the short and long term health risks of vaping, use of e - cigarettes continues to rise among teens in WR. • Colorado has the highest rate of vaping in 37 states surveyed. • A year ago the Jeffco Board of Heath adopted a resolution declaring youth vaping a public health crisis in Jefferson County. • This June the CO PTA board adopted a position statement against e -cigarettes and other tobacco products. They support raising the legal age to purchase all tobacco products to 21, taxing the products, eliminating the advertising of same to youth, and encouraging all to take an active roll in prevention of use. • Youth are attracted by the flavors, discreetness of vaping, the hip paraphernalia that is marketed, the easy availability and popularity, and social pressure. STUDY SESSION NOTES: August 19, 2019 Page -7- • Councilmember Mathews doesn't think Council should abdicate its responsibility by letting staff make the decision to use eminent domain. • Councilmember Hoppe supports giving staff the authority to exercise eminent domain. • Councilmember Kueter inquired about pre -authorization. Mr. Westberg responded and discussion followed. • Mr. Westberg explained the need for authorizing eminent domain for the Wadsworth and three Ward TOD projects. • Councilmember Dozeman thinks the decision should be made by an elected body. Councilmember Hoppe's consensus to allow staff to execute eminent domain failed 3-3 Mr. Westberg said staff will proceed as directed. 4. Residential -One (R-1) Zone District Accessory Structure Setbacks — Lauren Mikulak Ms. Mikulak explained that several requests have been received from property owners for City Council to consider the option of a code amendment to reduce setbacks for accessory structures in the R-1 zone district. The 15 foot minimum side and rear setback requirement seems too restrictive. Questions and discussion followed. Accessory structures less than 1 20s do not require a permit. Councilmember Hoppe received consensus to change the minimum setback for minor accessory structures in R-1 to 5 feet and to increase the allowable size to 200sf or less. 5. Staff Report(s) Mr. Goff reported meeting with Rocky Mountain Bottling regarding the noise issue. They have brought in an engineering firm to analyze the noise. The Executive Board of Miller Coors has given the green light to continue to move forward with the oxygen unit that is more environmentally friendly and will address the noise problem. Timelines and proposals are being prepared and a letter will be sent to the neighbors. 6. Elected Officials' Report(s) Clerk Shaver reported on the referendum hearing that took place Friday. A decision will be coming on Wednesday. — The deadline for petitions for running for office is next Monday at 5pm. — New security measures at City Hall started today. All visitors will now be required to stop at the front desk and get a visitors badge. The glass doors into the Clerk's Office and Admin area will now be locked to anyone without a badge and access to the departments upstairs will require a visitor's badge as well. She complimented Mr. Goff and reported that employees feel safer. ♦��4_ Wheat R, d� e I ( OMMUNITY DEVELOPMENT " Memorandum TO: City Council and Mayor THROUGH: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager FROM: Zareen Tasneem, Planner I DATE: August 6, 2019 (for the August 19, 2019 study session) SUBJECT: Residential -One (R-1) Zone District Accessory Structure Setbacks ISSUE: In 2009, the City of Wheat Ridge's residential development standards were modified in the Zoning and Development Code (Chapter 26 of the City's Code of Laws, or the Code). As a result, side and rear setbacks for accessory structures are now 5 to 10 feet in most residential zone districts. However, there was a conscious policy decision at the time to not change the Residential -One (R-1) standards, which require 15 -foot side and rear yard setbacks for all structures. The R-1 zone district is the City's largest lot, single-family zone district requiring a minimum lot area of 12,500 square feet (0.25 acre) and lot width of 100 feet. The purpose and intent of this zone district is to provide high quality, safe, quiet, and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low- density residential character. Several requests have been received from property owners for City Council to consider the option of a code amendment to reduce setbacks for accessory structures in the R-1 zone district. BACKGROUND: Current City Regulations In residential zone districts, setbacks are established for primary and accessory structures. Accessory structures are defined as major or minor. This distinction between major and minor depends on the size and height of the structure. In general, a garage or carport is often classified as a major accessory structure, where as a shed or gazebo is often classified as a minor accessory structure. As mentioned above, the minimum side yard and rear yard setback for both major and minor accessory structures in the R-1 zone district is 15 feet. In all other residential zone districts, the setbacks for an accessory structure is less. The setbacks for a minor accessory structure are 5 feet in all other residential zone districts. For major accessory structures, setbacks range from 5 to 10 feet and can be based on height. Refer to Exhibit A for side and rear yard setbacks for accessory structures in residential zone districts. R-1 Accessory Structure Setback Requirements August 19, 2019 Page 2 Anecdotally, staff hears occasionally from property owners who are displeased with the impact of the 15 -foot setbacks in R-1. This is more often associated with sheds than garages. In the last 10 years, out of 156 variance applications, 8 variances have been processed in relation to R-1 side and/or rear yard setbacks. Neighboring Cities' Regulations Below is a summary of setback regulations in other jurisdictions' largest or most similar residential zone district as they pertain to side and rear yard setbacks for accessory structures. This information is also summarized in table form in Exhibit B. Lakewood In the City of Lakewood, for the zone district similar to Wheat Ridge's R-1 zone district, accessory structures have a minimum side and rear yard setback of 5 feet. However, if the accessory structure is "large" (i.e. length greater than 32 feet or height greater than 12 feet'), then the primary structure's setbacks apply or a minimum side yard setback of 10 feet and a minimum rear yard setback of 15 feet. These regulations are less restrictive than R-1 and more similar to Wheat Ridge's other residential zone districts. Arvada For all zone districts, the City of Arvada requires accessory structures to follow the required setbacks of the primary structure. In the comparable Residential Estate zone district in Arvada, this means a minimum 15 -foot setback for both the side and rear yard setbacks. One exception is accessory "mini -structures," which are allowed to be erected in the minimum setback areas, but not in the front yard setback or on easements. Accessory mini -structures include playhouses, gazebos, and small storage sheds and is analogous to Wheat Ridge's minor accessory structure category. Compared to this approach, our R-1 major accessory setbacks are similar, but the minor accessory setbacks in R-1 are severely more restrictive. Englewood In the City of Englewood, the largest single-family zone district has a minimum lot size of 9,000 square feet. Accordingly, the minimum side yard and rear yard setback requirements for accessory structures are generally 5 feet, with exceptions made if the entrance to a carport or detached garage faces an alley or the side lot line. Because of difference in lot size, it's hard to make a direct comparison. Edgewater In an analogous zone district in the City of Edgewater, the minimum side yard setback is the same for all structures (15 feet), while the minimum rear yard setback is 10 feet for accessory structures. These regulations are consistent with the current regulations in Wheat Ridge, with a slightly less stringent rear yard setback. ' Height is measured at mid -roof for pitched roofs. R-1 Accessory Structure Setback Requirements August 19, 2019 Page 3 Golden Accessory structures in any residential zone districts in the City of Golden may have side and rear yard setbacks of 5 feet from the property line. While this is similar to the setback standards for accessory structures in the R- 1C zone district in Wheat Ridge, the largest single-family zone district in Golden has a minimum lot size of only 9,000 square feet, thus making a comparison is difficult. Denver In Denver, setbacks for accessory structures are based on how they are situated on the lot. For example, if the structure is situated entirely in the rear 35% of the lot, then the side yard setback is 0 feet, otherwise side yard setback is 5 feet. Similarly, if there is no alley in the rear of the lot, then the rear yard setback is 5 feet; if there is an alley and the doors of the structure face the alley, then the rear setback is also 5 feet, if they do not, then the setback is 0 feet. Although side and rear yard setback requirements are more permissive in Denver than in Wheat Ridge, they also have more context -sensitive regulations attached to them. SUMMARY: Results of the code analysis comparing the City's regulations versus those of our neighboring municipalities show that Wheat Ridge's R-1 setback requirements for accessory structures are generally more restrictive than those of neighboring municipalities. Most other municipalities have an allowance of 5 feet for the side and rear yard setbacks; in some instances, some even allow a 0 -foot setback. That said, there are few comparable R-1 zone districts in neighboring municipalities and setbacks can be a defining feature of neighborhood character and unique among municipalities and zone districts. The pattern that emerges most clearly is that other communities and, in fact, most zone districts in Wheat Ridge have different setback requirements for major versus minor accessory structures. NEXT STEPS: Staff is seeking Council's input regarding whether or not there is any desire to modify the Code regulations related to the minimum setback requirements for minor and/or major accessory structures in the R-1 zone district. If Council considers the existing setback requirements to be too onerous for minor accessory structures (e.g. sheds), which are already limited to 10 feet in height, it may be reasonable to reduce those setbacks. For example, a minimum setback of 5 or 10 feet instead of the existing 15. If Council also considers the existing setback requirements to be too onerous for major accessory structures (e.g. detached garages), it may be reasonable to make those setback requirements dependent on height like in other residential zone districts in Wheat Ridge. For example, a minimum setback of 10 feet if less than 10 feet in height and a minimum setback of 15 feet if over 10 feet in height. ATTACHMENTS: 1. Exhibit A— Accessory Structure Setbacks in Residential Zone Districts 2. Exhibit B — Comparative Accessory Structure Setbacks with Neighboring Municipalities Exhibit A: Accessory Structure Setbacks in Residential Zone Districts ATTACHMENT 1 Minimum Side Yard Setback Minimum Rear Yard Setback Major 15' 15' Residential -One (R-1) Minor 15' 15' 5' if>10' in height, 5' if>10' in height, Residential -One A (R-lA) Major ' 10if>10' in height g 10if> 10' in height ' Minor 5' S' S' if <10' in height, Residential -One B (R-113) Major 5' 10' if>10' in height Minor 5' S' Major 5' S' Residential -One C (R -1C) Minor 5' S' S' if <10' in height, Residential -Two (R-2) Major 5' 10' if>10' in height Minor 5' S' S' if <10' in height, Residential -Two A (R -2A) Major 5' 10' if>10' in height Minor 5' S' S' if <10' in height, Residential -Three (R-3) Major 5' 10' if>10' in height Minor 5' S' S' if <10' in height, Residential- Three A (R -3A) Major 5' 10' if >10' in height Minor 5' S' ATTACHMENT 1 Exhibit B: Comparative Accessory Structure Setbacks with Neighboring Municipalities ATTACHMENT 2 AccessoryMinimum Municipality Zone District Name Minimum Minimum Structure Side Yard Minimum Rear Yard Setback Lot Size Lot Width Setback Type Major 15' 15' Wheat Ridge Residential -One (R-1) 12,500 sf 100' Minor 15' 15' Large Lot Residential Major 10' 15' Lakewood 12,500 sf 100' (R-1-12) Minor 5' S' Residential Estate Major 15' 15' Arvada 12,500 sf 100' (R -E) Minor 0' 0' 51; 6' if entrance to carport or Residential One A detached garage faces alley; 3' if Englewood 9,000 sf 75' All 5' (R -1-A) entrance to carport or detached garage faces side lot line Edgewater Residential A (R -A) 12,500 sf 100' All 15' 10' Residential Estate Golden 9,000 sf 75' All 5' S' 0' if structure entirely in rear Suburban Single Unit 5' if no alley; 5' if doors face Denver 12,000 sf 62.51 All 35% of lot; 5' if structure not 12,000 (S -SU -1) alley' 0' if doors do not face alley entirely in rear 35% of lot ATTACHMENT 2